polltogo by Inspirapps Inc.

terms of service

1. ACCEPTANCE OF TERMS OF SERVICE

1.1 This is the official Terms of Service agreement for the polltogo website, Facebook application and mobile application by Inspirapps Inc. ("Service", "Site", "software", "we", "us", "Inspirapps" or "our"). This Agreement applies whether you are accessing the Service via a personal computer, a mobile device or any other technology or devices now known or hereafter developed or discovered. By accessing the polltogo website, Facebook application or mobile application ("Service"), whether a registered user or not, you are agreeing to be bound by the following terms and conditions ("Terms of Service").

1.2 We reserve the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You understand and agree that Inspirapps cannot be responsible for the content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

1.3 Your use of the Service is also subject to the Privacy Policy in effect at the time of your use, which is incorporated herein as though set forth in full. You can review the most current version of the Privacy Policy at: https://polltogo.com/privacypolicy.html.

2. REGISTERED ACCOUNTS AND UNREGISTERED USE

2.1 Accounts registered by automated methods are not permitted.

2.2 Inspirapps can refuse registration of, or cancel, any account in its sole discretion, at any time

2.3 You must provide your legal full name, a valid email address, and any other information requested in order to complete the registration process.

2.4 You are responsible for maintaining the security of your account and password. Inspirapps cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

2.5 You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have access to your account).

2.6 Limited use of the Service is permitted by non account holders ("unregistered users"). Use of the Service by unregistered users may not be automated. Unregistered users are responsible for all content posted.

3. CONTENT AND INTELLECTUAL PROPERTY

3.1 Your own text, images, audiovisual media and any other form of intellectual property, including the data, ideas, inventions, designs, patterns and processes in such material (collectively, "Content") that you post on or through the Service belongs to you and you may use it in any other way without restriction. But by using the Service, you are granting Inspirapps and certain third parties permission to use your Content as described in these Terms of Service.

3.2 By using the Service, you are granting Inspirapps a nonexclusive, worldwide, royalty-free, sublicenseable and transferable right and license to use, reproduce, create derivative works of, distribute, publicly perform and publicly display your Content on and through the Service and on and through services affiliated with Inspirapps, regardless of the form of media used or of whether such services now exist or are developed in the future. If you post Content on or through the Service, you represent and warrant that you have the right to post that Content and to grant the above rights to Inspirapps.

3.3 Inspirapps may preserve your Content and may also disclose such Content, with or without notice to you, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that your Content violates the rights of any third party; or (d) protect the rights, property, or personal safety of Inspirapps, its users and the public.

3.4 You understand that posting your Content on or through the Service is entirely voluntary and will expose your Content to public display in a non-confidential manner. You understand that Inspirapps and/or any past, present or future client of Inspirapps (each, a "Client") may view your Content and may develop or have developed Content which is identical or similar to yours, may already know of such Content from other sources or may have taken or will take some other action with respect to such Content. Therefore, you represent and agree to all of the following and acknowledge that Inspirapps and its Clients are explicitly relying on such representations and agreement with regard to your Content:

3.4.1 The Content represents your own original work and you have all necessary rights to disclose the Content. In doing so, you are not violating the rights of any third party and you know of no other individual or entity whose rights will be infringed by the Content being viewed and used as described in these Terms of Service.

3.4.2 Your disclosure of the Content does not violate a confidential relationship with any third party, establish a confidential relationship with Inspirapps or any of its Clients or obligate Inspirapps or any of its Clients to treat your Content (or any related materials) as secret or confidential.

3.4.3 Inspirapps and/or any of its Clients may give your Content such consideration as is warranted by their respective judgments. Review of your Content shall not be construed as any recognition of the novelty or originality of the Content. Neither Inspirapps nor any of its Clients is obligated to give reasons for making use of or rejecting your Content or to reveal its activities that are related to your Content.

3.4.4 Neither Inspirapps nor any of its Clients has any obligation, either express or implied, to make any use of your Content. However, if Inspirapps and/or any of its Clients do make use of your Content, whether such use is intentional or inadvertent, no compensation will be due to you or anyone else for the use of your Content or the use of any data, ideas, inventions, designs, patterns and/or processes similar to, related to or derived from your Content.

3.4.5 Neither Inspirapps nor any of its Clients assumes any obligation with respect to any of your Content except as set forth in these Terms of Service, unless and until it enters into a separate written contract with you, and then only as expressed in that separate written contract. In the absence of a separate written contract, your rights with regard to Inspirapps or any of its Clients' user of your Content shall be as described in these Terms of Service and as existing under the laws of Canada.

3.4.6 You hereby irrevocably release and forever discharge Inspirapps and its Clients and their affiliates and subsidiaries (together, the "Released Parties") from any and all actions, causes of actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can, shall or may have against the Released Parties or their respecting successors and assigns with respect to the Content, including without limitation in respect of how the Released Parties, directly or indirectly, use the Content, with the sole exception that the foregoing release and discharge does not apply to your right to bring a claim of patent infringement arising from use of your Content.

3.5 Content posted by another person or company on or through the Service belongs to the poster. Except as expressly permitted in these Terms of Service, you do not have the right to use, reproduce, create derivative works of, distribute, publicly perform or publicly display any Content that does not belong to you, other than viewing of the Content on or through the Service as Inspirapps may make available.

3.6 Inspirapps owns the Service as a whole, including all computer code, graphics, user interfaces and audiovisual content used to provide the Service, and the combination of all the elements on the Service. The Service as a whole, the computer code of the Service, the user interface and graphic elements are all copyrighted works of Inspirapps. Various other aspects of the Service may be protected by intellectual property laws including laws of copyright, trademark, service mark, patent and trade secret.

3.7 Inspirapps owns all right, title and interest in and to the Service. Inspirapps reserves all rights to the Service that are not expressly granted herein. By way of example only, and not limitation, you do not have the right to modify, adapt, translate, or reverse engineer any portion of the Service and you do not have the right to index or aggregate any portion of the Service (either by hand or by means of a robot, spider, or other device). Nothing in this Agreement will be construed as granting you any property rights in the Service or to any invention or any patent, copyright, trademark or other intellectual property right that has been issued, or that may issue, based on the Service.

4. CODE OF CONDUCT

4.1 Inspirapps has the right, but not the obligation, to remove or block Content from the Service that it determines in its sole discretion to be in violation of these Terms of Service, to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable, that violates any party's intellectual property or that is detrimental to the quality or intended spirit of the Service. Inspirapps also has the right, but not the obligation, to limit or revoke the use privileges of the account of anyone who posts such Content or engages in such behavior.

4.2 Inspirapps will use common sense and business sense regarding Content or behavior allowed on or through the Service. Examples of unacceptable Content or behavior include:

4.2.1 Abuse, harassment, threats or intimidation of any person or organization.

4.2.2 Engaging in or contributing to any illegal activity or activity that violates others' rights.

4.2.3 Use of derogatory, discriminatory or excessively graphic language.

4.2.4 Providing information that is false, misleading or inaccurate.

4.2.5 Hacking or modifying the Service or another website to falsely imply an association with Inspirapps.

4.2.6 Implying or pretending to be affiliated with a company or organization with which you are not affiliated, or misrepresenting the extent of your affiliation or role with an affiliated company or organization.

4.2.7 Transmitting worms, viruses or harmful software.

4.2.8 Sending unwanted messages to other users (also known as "spam").

4.2.9 Disclosing personal or proprietary information of another person or organization.

4.3 Inspirapps cannot and need not control all Content posted by third parties on or through the Service, and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service you may be exposed to Content that you may find offensive, indecent, incorrect or objectionable and you agree that under no circumstances will Inspirapps be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content. You understand that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the content, integrity, and accuracy of such Content. If you would like to report objectionable materials, you may contact us directly.

5. INTERNATIONAL USE

5.1 The Service is based in Canada. If you use the Service from outside of Canada, you acknowledge that you are voluntarily transferring information (potentially including personally-identifiable information) and Content to Canada and agree that Inspirapps's collection, use, storage and sharing of your information and Content is exclusively subject to the laws of Canada, not of the jurisdiction in which you are located.

5.2 You will comply with all Canadian laws, rules and regulations applicable to the export of products, services, software and technical data regardless of the jurisdiction in which you are located.

6. COPYRIGHT INFRINGEMENT

6.1 Copyright Infringement Notices. If you believe that any material available on or through the Service violates your copyright, you may send Inspirapps a copyright infringement notice.

6.2 Copyright Abuse Policy. Inspirapps will terminate, in appropriate circumstances, account holders of Inspirapps's system or network who are repeat copyright infringers.

6.3 Copyright Abuse Contact. The email address copyright{at}polltogo.com should only be contacted if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on or through the Service. The Copyright Abuse Contact will not respond to any other inquiries.

7. CANCELLATION AND TERMINATION

7.1 Inspirapps, in its sole discretion, may terminate your account and remove and discard any Content within the Service for any reason, including and without limitation lack of use, or if Inspirapps believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. In such event, any contracts, verbal or written or assumed, in conjunction with your account and all its parts, at Inspirapps's discretion, will be terminated as well.

7.2 Inspirapps, in its sole discretion and at any time, may discontinue providing the Service, or any part thereof, with or without notice. Any termination of your access to the Service under any provision of these Terms of Service may be effected without prior notice. Inspirapps may immediately deactivate or delete your account, as applicable, and all related information and Content and bar any further access to such information, Content or to the Service. Inspirapps will not be liable to you or any third party for any termination of your access to the Service.

7.3 After cancellation or termination of your account for any reason, you will no longer have access to your account and all information and Content in your account or that you have stored on the Service may be, but is not required to be, deleted by Inspirapps. Inspirapps will have no liability for information or Content that is deleted due to the cancellation or termination of your account for any reason.

8. PAYMENTS

8.1 In the Service you may purchase, with "real world" money, a license to use polltogo "virtual currency" ("credits"), including but not limited to poll vote credits. You may also obtain a license to use polltogo credits by redeeming third party virtual currency such as Facebook Credits.

8.2 ALL PURCHASES AND REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY MADE THROUGH THE SERVICE ARE NON-REFUNDABLE.

8.3 When you place an order to purchase virtual currency from our Service, we may send you a confirmatory email that will contain details of the transaction. Please check that the details in the confirmatory email are correct as soon as possible and maintain a copy of it for your records. Inspirapps keeps records of transactions in order to deal with any subsequent queries. If you purchase Facebook Credits from Facebook, you are agreeing to Facebook's Payment Terms and Inspirapps is not a party to the transaction.

9. GENERAL TERMS

9.1 These Terms of Service will remain in full force and effect while you use the Service. Those terms that can continue to operate after you stop using the Service (including without limitation your Content license to Inspirapps and the General Terms in this Section), will survive after you stop using the Service.

9.2 You agree to indemnify and hold Inspirapps, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your actions in using the Service, (ii) a claim that you, or any third party using your Credentials, infringed any intellectual property or other right of any person or organization using the Service, or (iii) the violation of these Terms of Service by you, or any third party using your Credentials.

9.3 THE Service IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, AS TO THE OPERATION OF THE Service, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE Service. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, INSPIRAPPS AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHER, INSPIRAPPS AND ITS AFFILIATES DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER INFORMATION CONTAINED IN THE Service. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. INSPIRAPPS DOES NOT WARRANT THAT THE Service WILL BE AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, WILL BE SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE Service IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM INSPIRAPPS OR THE Service SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

9.4 NEITHER INSPIRAPPS NOR ITS AFFILIATES WILL BE LIABLE, UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, INSPIRAPPS'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO INSPIRAPPS FOR THE Service IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (ii) ONE HUNDRED DOLLARS ($100.00).

9.5 These Terms of Service (including any additional terms, conditions, policies and agreements incorporated herein) are the entire agreement between Inspirapps and you regarding the Service. Any dispute arising from or related to these Terms of Service will be governed by the laws of the Province of Ontario, Canada without regard to conflict of law principles. The failure of Inspirapps to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect and be enforceable.



Last updated: July 21, 2011