Please print and keep a copy of this Agreement. If you do not agree to abide by the terms and conditions of this Agreement, please do not become a user of InstaPoll, offered by Vulsai S.A. ("InstaPoll"). Use of the software constitutes acceptance of this agreement. The software is available only to individuals who are at least 13 years old.
1) Ownership of the Information, Materials and Software
You expressly acknowledge and agree that the software contains information, text, software, photos, video, graphics, music, sounds and other material (called "Materials") that are protected by copyrights, trademarks, trade secrets, patents or other proprietary rights (called "Intellectual Property Rights"), that these Intellectual Property Rights are valid and protected in all forms, media and technologies existing now or developed later, and that all right, title and interest in and to these Materials, including but not limited to all Intellectual Property Rights, belong solely and exclusively to the owners and creators of InstaPoll.
2) Use of the Information and Materials of the Software
The license granted herein is nonexclusive, personal to you and nontransferable.
- 2.1. Except as you may be expressly permitted by this Agreement, you may not use, modify, adapt, reformat, download, upload, post, reproduce, broadcast, publish, display, perform, transfer or redistribute any Materials in any form, format or media or by means of any technology without obtaining the prior written authorization of the owners and creators of InstaPoll and any other owner of the Intellectual Property Rights in such Materials.
- 2.2. You may, on an occasional and irregular basis, include insubstantial portions of Materials from the website in memoranda, reports and presentations, and then only to the extent that such use constitutes "fair use" under applicable copyright and intellectual property law, provided that in each instance you include in all such memoranda, reports and presentations all copyright, trademark and other notices from the website and the information used, original source attribution, and the phrase "Used with permission from the owners and creators of InstaPoll" except for such other Materials which have been incorporated into InstaPoll by reference and as such require permission from the owners of such Materials.
- 2.3. If you reproduce Materials from the software, as permitted by this Agreement, you must preserve any copyright, trademark or other notices contained in or associated with them. This means, among other things, that if the specific Material you are reproducing does not contain the relevant notices that appear on the website, you must go to the place on the website where such notices appear and copy them into the Materials you are reproducing.
- 2.4. All copyrights and copyrightable materials which are a part of InstaPoll including, without limitation, the InstaPoll (TM) logos, designs, text, graphics, pictures, photos, files, software, applications, code, hidden text, databases and other files and the selection and arrangement thereof are COPYRIGHT © 2012 Vulsai S.A. ALL RIGHTS RESERVED.
- 2.5. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, transferred, sold, used to create derivative works, performed, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written consent of InstaPoll (TM) or the respective copyright owner. Software may not be reverse engineered unless specifically authorized by the owner of the software's patent and/or copyright.
- 2.6. InstaPoll (TM), InstaPoll, InstaPoll.in, the InstaPoll (TM) logo, the InstaPoll logo, graphics, and icons in the software are trademarks, service marks, trade dress, and/or registered trademarks of Vulsai S.A, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Vulsai S.A.
- 2.7. Permission is granted to display and download Contents of InstaPoll for personal, non-commercial and informational use only; provided that you do not, without the permission of InstaPoll (TM) or the respective copyright owner, alter the Contents to display the Contents without the InstaPoll (TM) Copyright notice and these Intellectual Property Guidelines.
- 2.8. Any unauthorized use of intellectual property will terminate the user's subscription and violate applicable law. All violations will be prosecuted and all infringing parties will be pursued to the full extent of the law. If you wish to request permission to reproduce Materials from the website for other than the specifically authorized educational purpose, or if you have any questions about the proper way to include such notices, contact the owners and creators of InstaPoll.
3) This Agreement
This Agreement is the entire agreement between the owners and creators of InstaPoll and you with respect to the software. Headings in this Agreement are for your convenience only and do not have any legal meaning or effect. If any part of this Agreement is invalid, the rest of this Agreement will remain in effect. If the owners and creators of InstaPoll waive or fails to enforce any term or condition of this Agreement on any one or more occasions, whether by conduct or otherwise, its waiver or failure to enforce will not mean that it must waive or cannot enforce such term or condition on any other occasion, or any other term or condition of this Agreement. The meaning of this Agreement cannot be changed by your or InstaPoll's conduct, even if repeated, or by any custom or practice of others engaged in the same or similar businesses.
4) Prohibited Uses
You agree NOT to use the InstaPoll software for any of the following purposes or activities:
- 4.1. The creation, transmission of or posting of any message, data, information, text, software, graphics, files, materials or other Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, harassing, threatening harmful, invasive of privacy or publicity rights;
- 4.2. Interference with or disruption to the software's services or network, including, but not limited to, attempting to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means;
- 4.3. To transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful, destructive or deleterious programs;
- 4.4. In connection with any pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages;
- 4.5. To impersonate another or create a false identity or otherwise misrepresent an affiliation with a person or entity;
- 4.6. To cause harm to minors;
- 4.7. To infringe another's patent, trademark, copyright, trade secret, or other intellectual property;
- 4.8. To violate another's privacy;
- 4.9. To violate any applicable laws, statutes or regulations;
- 4.10. To stalk;
- 4.11. To violate any regulations of the U.S. Securities and Exchange Commission or any securities exchange including the New York Stock Exchange, American Stocking Exchange, or the NASDAQ;
- 4.12. To use any robot, spider, or other automatic device, or manual process to monitor or copy InstaPoll content without InstaPoll (TM)'s prior express written permission;
- 4.13. To post a link, address or other contact to any site which is for any of the above purposes; or
- 4.14. To defame another individual or entity.
- 4.15. To create, duplicate or transmit any pornography
5) Termination of this Agreement
The owners and creators of InstaPoll may, in their sole and absolute discretion, and with or without notice, suspend or terminate your access to the software, or terminate this Agreement and thus your rights to use the software, for any conduct or use (whether by you or anyone else using your version of the software) that the owners and creators of InstaPoll believe is a violation of this Agreement or for any other conduct or use that the owners and creators of InstaPoll believes is harmful to other users or to the website or the interests of the owners and creators of InstaPoll.
6) Disclaimer of Warranties
- 6.1. THE SOFTWARE AND ALL INFORMATION, MATERIALS AND WEBSITES ACCESSIBLE THROUGH THE SOFTWARE ARE PROVIDED ON AN "AS-IS," "AS-AVAILABLE" BASIS. THERE ARE NO WARRANTIES, EXPRESSED OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, REGARDING OR RELATING TO PRODUCTS, SOFTWARE OR WEBSITES FURNISHED TO SUBSCRIBERS UNDER THIS AGREEMENT OR IN CONNECTION WITH THE SOFTWARE. InstaPoll AND Vulsai EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESSED AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
- 6.2. You expressly agree that your use of the software is at your sole risk. The owners and creators of InstaPoll do not warrant that the software will be uninterrupted or error free; nor does it make any warranty as to the results that may be obtained from your use of the software, or as to the accuracy, reliability, completeness, or content of any information, website, software or merchandise that may be provided through the software. No statement, information or advice, including, but not limited to, statements regarding capacity, suitability for use or performance, whether made by the owners and creators of InstaPoll, employees, reseller or other representative or otherwise, which is not contained in this agreement shall be deemed to be a warranty by the owners and creators of InstaPoll for any purpose or give rise to any liability of InstaPoll (TM) whatsoever, and you agree that you will not rely on any such statement, information or advice.
- 6.3. Where the owners and creators of InstaPoll are a distributor, rather than a publisher, of Materials accessible through the software, the owners and creators of InstaPoll exercise no more editorial control over such Materials than does a typical public library, bookstore or newsstand. The views and opinions expressed in such information do not necessarily reflect those of the owners and creators of InstaPoll or its content providers or licensors. Neither the owners nor creators of InstaPoll nor its content providers or licensors make any warranties or representations regarding the accuracy, adequacy, truthfulness, completeness, or usefulness of such information.
- 6.4. InstaPoll reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of the software following the posting of any changes to this Agreement constitutes acceptance of those changes. InstaPoll may also, in the future, offer new services and/or features in the software (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
7) Limitation of Liability
- 7.1. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL InstaPoll OR Vulsai, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES THAT ARISE FROM LOSS OF ANTICIPATED REVENUE, LOSS OF INFORMATION OR MATERIAL OF ANY KIND, LOST PROFITS, LOSS OF BUSINESS AND INJURY TO PROPERTY, EVEN IF InstaPoll HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT ARISE IN CONNECTION WITH OR RESULT FROM YOUR USE OF OR INABILITY TO USE THE SOFTWARE INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE ON ANY MATERIALS, CONTENT, INFORMATION, WEBSITES, SOFTWARE OR PRODUCTS OBTAINED IN THE SOFTWARE, OR MISTAKES, OMISSIONS, INTERRUPTIONS, COMMUNICATIONS FAILURE, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, OR THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO YOUR RECORDS, PROGRAMS, WEBSITES OR SOFTWARE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND IN SUCH STATES InstaPoll'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
- 7.2. If, notwithstanding the foregoing, the owners and creators of InstaPoll were to be held liable for damages, then regardless of the form of action (whether in contract, tort, breach of warranty or otherwise), in no event shall the maximum liability of the owners and creators of InstaPoll and the parties described in the next sentence (InstaPoll's "Related Parties") exceed, either jointly or severally, the aggregate dollar amount paid by you to the owners and creators of InstaPoll in the twelve (12) months prior to the claimed injury or damage. All of the provisions of this section are also for the benefit of the owners and creators of InstaPoll (TM)'s directors, officers, shareholders, employees, affiliates, agents, third-party content providers, licensors and the like, and anyone else involved in creating, producing or distributing the software, and each shall have the right to assert and enforce the provisions directly on their own behalf.
- 7.3 The resources on website's that can be accessed with hypertext links from or using InstaPoll are not maintained by InstaPoll (TM), and InstaPoll (TM) is not responsible for the availability or accuracy or such sites or resources, or the content, advertising, or products on or available from such sites or resources. Such sites may be governed by legal notices and privacy policies, which differ from those of this software.
8) Indemnification by You
You agree to defend, indemnify and hold harmless the owners and creators of InstaPoll and its Related Parties from any claims and expenses, including reasonable attorney's fees, related to any violation of this Agreement by your use of the software, or in connection with the placement or transmission by you of any material using the software except as expressly authorized in this Agreement.
The owners and creators of InstaPoll may give notice to you by electronic mail or by conventional mail. Notice by the owners and creators of InstaPoll shall be effective on the date that the owners and creators of InstaPoll make a good faith effort to reach you. You shall give notice to the owners and creators of InstaPoll as stated below. Notice by you shall be effective on the date that the owners and creators of InstaPoll actually receive the notice.
10) Privacy Information
By using the software, you are agreeing that the owners and creators of InstaPoll may collect, use, sell, license and otherwise distribute demographic data about users in aggregated form (so that no user is personally identifiable) to assist in market evaluation and for other purposes as reasonably determined by the owners and creators of InstaPoll.
11) Contact Information
For further information or support regarding this web site, you are encouraged to contact the owners at hey [@] vulsai.com
- 12.1. This Agreement is personal to you, and you may not assign, transfer or delegate your rights or obligations to anyone.
- 12.2. In the event that any provision of this Agreement is held to be invalid or unenforceable, pursuant to judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable according to its terms.
- 12.3. You acknowledge that the owners and creators of InstaPoll will be irreparably harmed by any breach of this Agreement by you or by your unauthorized use of the Materials or the website and, further, that monetary damages may not be a sufficient remedy for such harm. You agree that the owners and creators of InstaPoll shall be entitled, without waiving any other rights or remedies and without further demonstration of irreparable harm or the inadequacy of monetary damages, to obtain injunctive or other equitable relief in the event of any breach of this Agreement by you or by your unauthorized use of the Materials or the software.
13) InstaPoll User Terms
- 13.1. Unlimited polls can be created in a users account, but we reserve the right to block any users who we deem to be using an unfair amount of our server resources or who submit an excessive amount of votes in a short period of time.
- 13.2. Individual voter data that is older than 3 months will be automatically deleted from our database.
- 13.3. Survey responses do not add up month to month for ANY account type. Each month the number of available responses is reset to the amount agreed for that account type.
- 13.4. We reserve the right to delete any free account that has not been logged into for 6 month or longer.
- 13.5. When a free or pro account runs out of its allotted monthly responses, any new responses collected by surveys will appear locked in the users account. Upgrading the account will unlock these responses. Corporate accounts can collect an unlimited amount of survey responses and will never be subject to this locking.