PerkyPoll Terms of Service

Last updated February 14, 2008

By using PerkyPoll, you agree to be bound by these Terms of Service. You also agree to be bound by changes made to these Terms of Service since you began to use PerkyPoll. If you do not wish to be bound by these Terms of Service, you must stop using PerkyPoll.

Code of Conduct

You will comply with these Terms of Service at all times. You will not use PerkyPoll in a way that is against the law or which harms PerkyPoll or anybody else.

Access to PerkyPoll

We offer access to PerkyPoll so people can browse and create polls and vote. All other uses are prohibited and you agree not to use PerkyPoll for data collection, content aggregation, mining or extraction and you further agree that if you do these prohibited things, we will block your access to PerkyPoll. We do, however, authorize Internet search engines we can easily recognize to index the contents of PerkyPoll.

Monitoring and Disclosure

We may monitor your use of PerkyPoll and may disclose content and information about you, including messages sent or received by you if we think it is necessary to 1) conform to legal requirements which bind us, 2) make sure you comply with the these Terms of Service or to 3) protect the rights, safety and property of others.

No Obligation for Data Safekeeping

PerkyPoll knows your polls and collected results are important and we will do our best to keep them safe from loss and unauthorized access. But in the unlikely event that something bad happens to your polls or your results, we are not responsible.

Termination

You can stop using PerkyPoll any time. We may cancel, suspend or block your access to PerkyPoll at any time, maybe with no warning. If we do that, you will no longer be able to access or retrieve any information you have stored on PerkyPoll.

Sole Responsibility for User Content

You and you alone are responsible for the information and content you put on PerkyPoll. You must insure that you copyright, trademark or other intellectual rights are being violated when you put information and content onto PerkyPoll. PerkyPoll has no responsibility to monitor or pre-screen any information or content you put on PerkyPoll.

Proprietary Rights

PerkyPoll owns and retains all intellectual property and rights in PerkyPoll including, but not limited to copyrighted material, trademarks, patented methods and processes, trade secrets and other intellectual property. You will not distribute, transmit, transfer, offer, copy, publish, display, modify, or sell, assign, or sublicense any portion of PerkyPoll, its code, any proprietary information or any intellectual property. You will not reverse engineer, reverse assemble, or otherwise attempt to discover any source code or proprietary information, or obtain unauthorized access to PerkyPoll. This does not apply to user content.

Indemnity

You agree to indemnify and hold PerkyPoll and everybody affiliated with PerkyPoll harmless from any loss, liability, claim or demand, including legal fees, made by any third party because you used PerkyPoll in any way.

No Warranty

We provide PerkyPoll "as-is" with all faults and as available. There is no warranty or guarantee. To the extent permitted by law, we disclaim any implied warranties including those of merchantability, fitness for a particular purpose, workmanlike effort, and non-infringement. Without limiting the generality of the foregoing, we do not warrant that the service or the content will be accurate, error-free, virus-free, or uninterrupted or that it will meet your requirements. You may have additional consumer rights under your local laws that these Terms of Service cannot change.

Limitation of Our Liability and Your Remedies

PerkyPoll's only liability to you for any and all claims against PerkyPoll is limited to the service fee for one month even if that does not fully compensate you for your loss and even if we knew or should have known about the possibility of damages to you.

Changes to Terms of Service

PerkyPoll may make changes to these Terms of Service from time to time and your continued use of PerkyPoll means you agree to be bound by them. You agree you are responsible to review these Terms of Service from time to time. If you choose not to be bound by the revised Terms of Service, you must stop using PerkyPoll.