POLLCODE TERMS OF SERVICE
Last revised July 20, 2012
This agreement governs your access to and use of Boardhost.com, Inc.'s (hereafter referred to as "Boardhost") Pollcode.com service's polls,
facilities, and services (collectively the "Service"). In consideration for your right to use the
Service, you agree as follows:
Boardhost provides the capability of creation and/or use of interactive polls, created and maintained by its customers, to the user, who
is at least eighteen (18) years old, or is a minor over the age of thirteen (13) who has parental permission. Service
is provided "as is." There may, among other things, be unexpected downtimes, loss of data, delays or interruptions of service.
BOARDHOST SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES YOU MAY SUFFER AS A RESULT OF SUCH INTERRUPTIONS OR DATA LOSSES, OR
OTHERWISE AS A RESULT OF YOUR USE OR INABILITY TO USE THE SERVICE, INCLUDING WITHOUT LIMITATION LOSS OF BUSINESS.
interfere with other elements of Your website or that such coding will at all times work as described.
You may not modify provided codes in any manner, except for changing the color and font to match your website.
Boardhost is not obligated to monitor the Service, but may do so and may remove or edit any poll or message created through our site, or adjust your access to the Service. Polls or messages that Boardhost may, in its sole discretion, elect to remove or edit include without limitation those which violate the "Restrictions" enumerated herein.
Polls and their results are provided for entertainment only, and are subject to error and innaccuracies. Although polls are intended to allow and limit a unique
user to one vote for the period of time specified when it was created, such an outcome cannot be guaranteed. Poll results may be skewed for a variety of reasons,
including without limitation the group of users targeted, or the distribution of your poll to groups of users with a particular interest. Under no circumstances shall polls and their results be relied upon for any decision of monetary or other value, including, but not limited to, determining the winner of a contest.
Any URLs that may be assigned to the polls that you create belong to Boardhost and not to you, and are subject to removal at Boardhost's discretion.
Boardhost will place advertisements on polls, in exchange for the service provided. It is Boardhost's sole discretion as to how many advertisements appear, and the form of these advertisements.
If you create a poll and choose to allow third parties to post comments to your poll, you agree to monitor your poll, checking it at least once a day for any content that violates these terms, and removing such content.
Boardhost ordinarily does not review messages or polls before they are posted to its service. Opinions expressed on a poll or its messages are those of the message author and not of Boardhost. Likewise,
Boardhost makes no representations or warranties concerning the truth or falsity of any assertion of fact made by message authors on a poll.
BOARDHOST SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES YOU MAY SUFFER AS A RESULT OF ANY MESSAGES OR CONTENT POSTED BY THIRD PARTIES OR YOU TO OUR SERVICE.
You must be at least thirteen (13) years of age to post messages to any polls. The following content is not permitted to appear in any polls or messages created through our site:
In addition, you may not use our services if Your website contains any content outlined in this section.
- Adult content
- Obscene material
- Nudity or pornography
- Material that infringes intellectual property or other proprietary rights of any party
- Material the posting of which is tortious or violates a contractual or fiduciary obligation you or we owe to another party
- Piracy, hacking, viruses, worms, or warez
- Any illegal content
- Any link to or any image from a site containing any material outlined in these restrictions
- Any material deemed offensive or inappropriate by Boardhost, in its sole discretion, after you have been informed that Boardhost so deems the material (you agree that Boardhost may remove such material or direct you to remove it without prior notice, however)
E-MAIL AND UNSOLICITED E-MAIL
Individuals or organizations that promote or use spamming (unsolicited bulk e-mail) or methods thereof are not allowed to
use our site. Any reported incident of spamming, or any form of unsolicited e-mail or newsgroup
posting that includes a link to or references to a poll, may result in IMMEDIATE termination of any related
polls, and a ban from using any future Boardhost services.
Furthermore, you may not include a poll in
ANY e-mail message including but not limited to e-mail newsletters. You may not solicit voters or viewers to polls by
any means of e-mail communication.
Boardhost reserves the right to terminate, or take steps to terminate your polls, messages and/or
access to the Service, in whole or part, without warning, for any reason at its sole
discretion, including without limitation any violation of a provision of these terms. Boardhost further reserves the right
to remove any polls or accounts determined in Boardhost's sole discretion to be using excessive server resources.
Any polls you create and their associated data may be removed for inactivity at Boardhost's discretion. Ordinarily, this will occur if no one has voted in your poll for 30 days.
Boardhost reserves the right to modify these terms of service at any time. You agree to review these terms of service
regularly, and, at a minimum, to review these terms of service at least once every 15 days. Failure to discontinue use of our service
within twenty-five (25) days of any such changes constitutes your acceptance of the new agreement
NOTIFICATION OF CLAIMED INFRINGEMENT
If you believe that content posted on a poll is violating your rights under U.S. copyright law, you may, pursuant to the Digital Millennium Copyright Act (DMCA) file a complaint of such claimed infringement with Boardhost's designated agent in the manner described at http://pollcode.com/dmca.html
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. BOARDHOST EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER IMPLIED
OR EXPRESS, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BOARDHOST (INCLUDING ITS CONTRACTORS, AGENTS,
EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS AND AFFILIATES) OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THESE TERMS OF SERVICE.
SOME JURISDICTIONS DO NOT PERMIT DISCLAIMERS OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE LIMITATIONS HEREIN MAY NOT
APPLY TO YOU.
WAIVER OF DAMAGES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS OF SERVICE OR OTHERWISE, BOARDHOST SHALL NOT BE LIABLE FOR ANY DAMAGES,
INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION
DAMAGES FOR LOST PROFITS, PROCUREMENT OF SUBSTITUTE GOODS, GOODWILL, DATA, OR OTHER LOSSES (EVEN IF BOARDHOST HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE.
SOME JURISDICTIONS DO NOT PERMIT EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS HEREIN
MAY NOT APPLY TO YOU.
You agree to indemnify and hold harmless Boardhost and its contractors, agents, employees, officers, directors,
shareholders, and affiliates from any losses, damages or costs, including reasonable attorney's fees, resulting from
any claim or demand arising out of or related to your (including your contractors', agents', employees', officers', directors', shareholders' and affiliates',
whether or not on your behalf, and whether or not with your permission) use of the Service, including without limitation
claims arising out of or related to your violation of these terms of service, or your violation of the rights of another
person, or the content of any message or poll created through the Service. Should Boardhost be notified of a pending legal action, or receive notice of the filing of a legal action,
Boardhost may seek written confirmation from you concerning your obligation to indemnify Boardhost, and you agree to
provide such confirmation promptly.
Any information that is disclosed on a poll becomes public information. You should exercise cauthing when deciding to dislose your personal information. To control abuse,
your IP address may appear on any message you post or leave to a poll. After any posting, your IP address may also be available to the customer who created that poll.
Information related to the viewership of your poll may be publicly disclosed on Pollcode.com or on other websites owned or operated by Boardhost.com, Inc., or other websites. This information includes, but is not limited to the identified country of origin of your poll's visitors and other visitor statistics and information we may collect.
Under no circumstances may you disclose personally identifying information about or related to a person under the age of thirteen (13).
You agree that Boardhost may preserve content and membership information and may release any or all preserved content or
membership information to governmental agencies, courts, or other third-parties if we believe, in our sole discretion,
that you have or may have committed illegal activities, violated these terms of service, violated the rights of
third-parties, impaired in any respect the ability of Boardhost to operate the Service properly, or endangered in any
respect Boardhost or third-parties, or in the event that the information is subpoenaed or subject to other judicial or
Boardhost does not claim ownership of content you provide through our service. With respect to your polls, messages, or content that
you provide or make available through the Service, however, without limiting any other rights these usage terms afford to Boardhost, you
grant Boardhost a world-wide, perpetual, royalty-free, and non-exclusive license to use, distribute, reproduce, modify, adapt,
publicly perform, and publicly display such content for the purpose of providing and promoting the Service.
You may not, in connection with your use of the Service, impersonate any individual or misrepresent your affiliation with any individual or group.
Should Boardhost decide, in its sole discretion, that it needs to discover your identity to enforce this agreement against you, you waive any right you
might otherwise have had to prevent Boardhost from leaving your identity from your internet service provider.
Boardhost shall have the sole discretion as to what what constitutes a violation of any of these terms.
You may not assign or otherwise transfer this agreement.
This agreement creates no third-party beneficiaries.
CHOICE OF LAW AND FORUM
Pollcode's Terms of Service shall be governed by the laws of the State of Iowa, USA, exclusive of choice-of-law principles. You hereby consent to the exclusive jurisdiction of the courts of the State of Iowa, in Dubuque Country, Iowa, USA, or, if subject matter jurisdiction is unavailable there, to the jurisdiction of the Cedar Rapids Division of the U.S. District Court for the Northern District of Iowa, USA, in any and all disputes arising out of, or related to, your use of Boardhost's services.
If any condition in these terms of service is found unenforceable, Boardhost reserves the right to modify the condition to
comply with the law. All remaining conditions shall remain valid and enforceable.
These terms of service contain the entire agreement of the parties and there are no other promises or conditions in any
other agreement whether oral or written. These terms of service supersede any prior written or oral agreements between
Boardhost's failure at any time to enforce any provision of these terms of service shall not constitute a waiver or
limitation of Boardhost's right subsequently to enforce every provision of the terms of service.
VIEWING, POSTING COMMENTS TO, OR CREATION OF A POLL AND/OR ACCOUNT CONSTITUTES YOUR
ACCEPTANCE OF THESE TERMS OF SERVICE.