Terms of Use

Last updated: Sep 7, 2023

Welcome to PollBay, a polling website that enables users to create, share, and participate in online polls. These Terms of Use ("Terms") govern your access to and use of the PollBay website, services, and applications (collectively, the "Services"). Please read these Terms carefully before using the Services.

By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you are not authorized to access or use the Services.

User Conduct
You agree to use the Services only for lawful purposes and in compliance with these Terms and all applicable laws, rules, and regulations. You are solely responsible for the content you create, share, or participate in using the Services. You agree not to:

a. Create or share content that is illegal, harmful, abusive, threatening, harassing, defamatory, obscene, or otherwise objectionable.

b. Impersonate any person or entity or falsely represent your affiliation with a person or entity.

c. Use the Services to engage in or promote any illegal activity or to violate any laws, rules, or regulations.

d. Interfere with, disrupt, or damage the Services or the servers or networks connected to the Services.

e. Use the Services to transmit unsolicited commercial messages or spam.

Intellectual Property Rights
All content available through the Services, including but not limited to, text, images, graphics, logos, and software, is the property of PollBay or its content suppliers and is protected by copyright, trademark, and other intellectual property laws. You may not copy, reproduce, distribute, modify, create derivative works from, or otherwise exploit any content from the Services without the express written permission of PollBay or the applicable content owner.

User Content
By submitting, posting, or displaying content on or through the Services, you grant PollBay a worldwide, non-exclusive, royalty-free license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content in any and all media or distribution methods. You represent and warrant that you have all necessary rights to grant the licenses described in this section.

PollBay reserves the right to terminate or suspend your access to the Services, with or without notice, at any time and for any reason, including but not limited to, your violation of these Terms.

Disclaimer of Warranties and Limitation of Liability
The Services are provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied. PollBay disclaims all warranties, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. PollBay does not warrant that the Services will be error-free, uninterrupted, secure, or available at all times.

In no event shall PollBay, its affiliates, or their respective officers, directors, employees, or agents be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with your access to or use of, or inability to access or use, the Services, any content available on the Services, or these Terms, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if PollBay has been advised of the possibility of such damages.

You agree to defend, indemnify, and hold harmless PollBay, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from your use of the Services, your violation of these Terms, or your infringement of any third-party rights, including but not limited to intellectual property rights.

Governing Law and Jurisdiction
These Terms and your use of the Services shall be governed by and construed in accordance with the laws of the US state of California, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in California for the resolution of any disputes arising from these Terms or your use of the Services.

Changes to the Terms
PollBay reserves the right to modify or update these Terms at any time, in its sole discretion. You are responsible for periodically reviewing these Terms for any changes. Your continued use of the Services following the posting of any changes to the Terms constitutes your acceptance of those changes.

These Terms, together with any other legal notices or agreements expressly incorporated by reference herein, constitute the entire agreement between you and PollBay concerning your use of the Services, and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written, between you and PollBay with respect to the subject matter hereof. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and PollBay's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.