Terms of service:
In consideration for your right to use the Service of Polls.za.org, you agree as follows:
SERVICE PROVIDED
Polls.za.org provides the capability of creation and/or use of interactive polls, created 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. POLLS.ZA.ORG 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.
Polls.za.org 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 Polls.za.org 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 our 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.
Any URLs that may be assigned to you and/or polls you create belong to Polls.za.org and not to you, and are not guaranteed to be available for any period of time.
Polls.za.org can place advertisements on any polls created on our site, in exchange for the service provided. It is Polls.za.org's sole discretion as to how many advertisements appear, and the form of these advertisements.
CONTENT
Polls.za.org 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 Polls.za.org. Likewise, Polls.za.org makes no representations or warranties concerning the truth or falsity of any assertion of fact made by message authors on a poll.
POLLCODE 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.
RESTRICTIONS
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:
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 Polls.za.org services.
TERMINATION
Polls.za.org 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. Polls.za.org further reserves the right to remove any polls or accounts determined in Polls.za.org's sole discretion to be using excessive server resources.
Any polls you create and their associated data may be removed for inactivity at Polls.za.org's discretion.
MODIFICATION
Polls.za.org 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, you may file a complaint of such claimed infringement to the admins.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. POLLS.ZA.ORG 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 NONINFRINGEMENT.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM POLLS.ZA.ORG (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, POLLS.ZA.ORG 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 POLLCODE 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.
INDEMNIFICATION
You agree to indemnify and hold harmless Polls.za.org 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 Polls.za.org be notified of a pending legal action, or receive notice of the filing of a legal action, Polls.za.org may seek written confirmation from you concerning your obligation to indemnify Polls.za.org, and you agree to provide such confirmation promptly.
GENERAL TERMS
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 the top of any message you leave to a poll. After any posting, your IP address is also available to the customer who created that poll.
Under no circumstances may you disclose personally identifying information about or related to a person under the age of thirteen (13).
You agree that Polls.za.org 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 Polls.za.org to operate the Service properly, or endangered in any respect Polls.za.org or third-parties, or in the event that the information is subpoenaed or subject to other judicial or administrative process.
Polls.za.org 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 Polls.za.org, you grant Polls.za.org 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 Polls.za.org 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 Polls.za.org from leaving your identity from your internet service provider.
Polls.za.org shall have the sole discretion as to 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.
SEVERABILITY
If any condition in these terms of service is found unenforceable, Polls.za.org reserves the right to modify the condition to comply with the law. All remaining conditions shall remain valid and enforceable.
ENTIRE AGREEMENT
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 the parties.
NO WAIVER
Polls.za.org’s failure at any time to enforce any provision of these terms of service shall not constitute a waiver or limitation of Polls.za.org’s right subsequently to enforce every provision of the terms of service.
VIEWING, POSTING COMMENTS TO, OR CREATION OF A POLL CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS OF SERVICE.
SERVICE PROVIDED
Polls.za.org provides the capability of creation and/or use of interactive polls, created 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. POLLS.ZA.ORG 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.
Polls.za.org 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 Polls.za.org 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 our 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.
Any URLs that may be assigned to you and/or polls you create belong to Polls.za.org and not to you, and are not guaranteed to be available for any period of time.
Polls.za.org can place advertisements on any polls created on our site, in exchange for the service provided. It is Polls.za.org's sole discretion as to how many advertisements appear, and the form of these advertisements.
CONTENT
Polls.za.org 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 Polls.za.org. Likewise, Polls.za.org makes no representations or warranties concerning the truth or falsity of any assertion of fact made by message authors on a poll.
POLLCODE 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.
RESTRICTIONS
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:
- Racism
- Hatred
- Harassment
- 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 Polls.za.org, in its sole discretion, after you have been informed that Polls.za.org so deems the material (you agree that Polls.za.org 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 Polls.za.org services.
TERMINATION
Polls.za.org 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. Polls.za.org further reserves the right to remove any polls or accounts determined in Polls.za.org's sole discretion to be using excessive server resources.
Any polls you create and their associated data may be removed for inactivity at Polls.za.org's discretion.
MODIFICATION
Polls.za.org 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, you may file a complaint of such claimed infringement to the admins.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. POLLS.ZA.ORG 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 NONINFRINGEMENT.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM POLLS.ZA.ORG (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, POLLS.ZA.ORG 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 POLLCODE 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.
INDEMNIFICATION
You agree to indemnify and hold harmless Polls.za.org 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 Polls.za.org be notified of a pending legal action, or receive notice of the filing of a legal action, Polls.za.org may seek written confirmation from you concerning your obligation to indemnify Polls.za.org, and you agree to provide such confirmation promptly.
GENERAL TERMS
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 the top of any message you leave to a poll. After any posting, your IP address is also available to the customer who created that poll.
Under no circumstances may you disclose personally identifying information about or related to a person under the age of thirteen (13).
You agree that Polls.za.org 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 Polls.za.org to operate the Service properly, or endangered in any respect Polls.za.org or third-parties, or in the event that the information is subpoenaed or subject to other judicial or administrative process.
Polls.za.org 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 Polls.za.org, you grant Polls.za.org 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 Polls.za.org 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 Polls.za.org from leaving your identity from your internet service provider.
Polls.za.org shall have the sole discretion as to 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.
SEVERABILITY
If any condition in these terms of service is found unenforceable, Polls.za.org reserves the right to modify the condition to comply with the law. All remaining conditions shall remain valid and enforceable.
ENTIRE AGREEMENT
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 the parties.
NO WAIVER
Polls.za.org’s failure at any time to enforce any provision of these terms of service shall not constitute a waiver or limitation of Polls.za.org’s right subsequently to enforce every provision of the terms of service.
VIEWING, POSTING COMMENTS TO, OR CREATION OF A POLL CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS OF SERVICE.