OUR TERMS OF SERVICE
Welcome to SuperPoll, your web and app home for creating and submitting polls & surveys.
The following terms and conditions (“Terms of Service”) govern your use of the Superpoll, (Prolog Ltd.), website (the “Site”) and services accessed through the Site (collectively, the “Service”) operated by Superpoll (“Superpoll”, “we” or “us”). By accessing and using the Service and/or any information, content or materials made available on the Service, including by downloading any Superpoll add-in, you irrevocably agree that such use is subject to these Terms of Service. If you do not agree to these Terms of Service, you may not use the Service.
You should check these Terms of Service and this Site periodically for modifications. Superpoll may modify the Site and/or the Terms of Service from time to time without notice to you. If Superpoll makes material changes to the Terms of Service we will post the revised Terms of Service and the revised effective date on this Site. Any continued use by you of the Service after the posting of such modified Terms of Service shall be deemed to indicate your irrevocable agreement to such modified Terms of Service. Accordingly, if at any time you do not agree to be subject to any modified Terms of Service, you may no longer use the Service.
- Anything you input to our site must be legal, so no plagiarism, hate speech, profanity, etc.
- You’re responsible for maintaining the security of your account.
- You must provide accurate information about who you are, like your name and email. You can’t share your account with others, except by using our multi-user features. You must be a living human, not a bot.
- You can downgrade at any time, but there are no refunds for months when you didn’t use the service. You are solely responsible for downgrading to the free plan in order to cancel paid service, and for saving your confirmation number. You can always verify a successful downgrade on your account page.
- One person or legal entity may not maintain more than one free account.
- If you’re younger than 13, you need your parents’ permission to use our service.
- The polls you create and answers you submit belong to you, but we can show them to people for you according to our various sharing and privacy features.
- You aren’t allowed to reverse engineer the site, hack it, or programmatically use anything other than the API.
- If we get sued because of stuff you did on our service, you’re responsible for defending us. This is called indemnification.
- We can (and do) change features frequently. We can change prices (but it’s rare).
- Be respectful. We can refuse to work with you and delete your data. We will shut you off if you’re really horrible to us, and we’ll block you if your use is considered excessive.
- There’s no warranty. We do not guarantee uptime, or that the service is bug-free. If you need a Service Level Agreement (SLA), you can work with us to purchase an Enterprise License Agreement.
- We can change these Terms at any time. If you need terms locked in, you can Contact us for an Enterprise License Agreement.
Please Read Carefully Before Using The Superpoll Website and Service:
PLEASE READ ALL OF THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN IMPORTANT LEGAL INFORMATION REGARDING YOUR RIGHTS, DUTIES, SCOPE OF REMEDIES, ETC., WHICH YOU WILL BE BOUND BY AS A LEGAL AGREEMENT.
ANY USE OF ANY KIND OF THE SITE OR ANY OF IT SERVICES OR APPLICATIONS SHALL CONSTITUTE AN AGREEMENT TO THESE TERMS. PLEASE DO NOT MAKE ANY USE OF THE SITE, APPLICATION OR THE SERVICES UNLESS YOU AGREE TO THE TERMS AS DEFINED ABOVE.
“The Site” (or “We”) in these Terms shall include the website located at the www.superpoll.info address, any related application or service and, where appropriate, also the owners of the site Prolog Ltd., the managing body of the site, its operators and any of its managers, employees, shareholders and any other representative.
Modifications to the Terms. You should check the Terms periodically for modifications. The Site may modify the Terms from time to time without notice. If The Site makes material changes to the Terms we will post the revised Terms and the effective date thereof. Any continued use by you of the Site or any of its Services after the posting of such modified Terms shall be deemed to indicate your explicit agreement to such modified Terms. Accordingly, if at any time you do not agree to be subject to any modified Terms, you should no longer use the Service or the Site.
Term and validity
- The Terms shall remain in full force at any time. Terminating your account and/or membership or finishing any of the Service does not terminate the applicability of the Terms to you.
- Use of the Site and Service by Persons Under 13 Years of Age is prohibited:The Site is committed to protecting the privacy of young children, and therefore does not knowingly collect or maintain personally identifiable information on the Site or Service from persons under 13 years of age. Accordingly, children under the age of 13 may not use the Site or the Service, and if done so – their use may be prohibited and limited with no prior notice.
Registration to the Site and Service
- Registration to the Site. In order to gain access to the Site or any Service (either as a Researcher or Respondent), you might be required to register for an account with your details on the Site (“Account“). An Account is accessed by a unique username and personal password. In registering for your Account, you agree –
- that the information you provide the Site with will be current, complete and accurate;
- that anything you supply the Site with is supplied by you willingly and in good faith; and that the Site may use the information in the manner detailed under these Terms;
- not to choose a user name that violates any law, third party’s right, intellectual property rights of others or is offensive. The Site reserves the right to reject the use of any user name or change such name at its discretion for any reason or no reason,
- not to transfer, sell, convey or assign the right to use your Account to any third party;
- not to permit any third party to use your user name and password to access your Account or the Service. You further agree that you are responsible for the conduct of any party that uses your Account, whether or not authorized by you, and for any breach of the security of the Service related to the use of your user name and/or password; and
- not to use any identifying details or payment methods (such as PayPal account) for more than one Account on the Site.
- Details upon registration. You will be requested to supply us with various information, data and other information and characteristics. Only those marked specifically as public will be exposed to other users of the Site (whether registered or not).
Nevertheless, all of your information you supply us with (even the private information) will be used in order to serve you with better suited surveys and responses and generally better the Site’s Services.
- Even private info may be inferred. You must understand that the Site functions in a way that certain information or characteristics (even private ones) might be inferred from the use of your identity as a Respondent. For example, if a Researcher chose a specific attribute which is equivalent to the information you supplied, your name might be supplied to it as a relevant Respondent and such characteristics be inferred.
- Registration using social media accounts. Registration for or logging to the Site might be also done by using social media accounts (such as Facebook, Twitter, Google+, Instagram, and as the site might offer from time to time) using your current account there. Please note that should you register by using an Account in other network, you agree to supply the Site with access to all your public data and information within such network which might become part of your Account on the Site.
- Your details are your own responsibility. Please check carefully any details you submit to the Site, as the Site will act based on them. Private, wrong, outdated, incomplete or otherwise incorrect information might cause undesirable results, such as you being invited to participate in irrelevant surveys, not being paid your due Survey Payments, etc. For example, if you enter a wrong payment method (such as an incorrect PayPal account), you will not be awarded any moneys you are entitled to (such as Survey Payments), but those moneys will be transferred to the specified account with no way to recall them. Also if you submit wrong details about yourself, the surveys that will be directed towards you may be irrelevant or you may not earn any Survey Payment.
- Registration may be denied. The Site reserves the right, but is under no duty or representation, to review any and each of the registration requests, and deny any of such requests subject to its own discretion and with no explanation or notice supplied. If you do not agree, please do not register to the Site.
- Grant of Rights.Upon registering (and subject to the payment of any applicable fees, if relevant) the Site grants you a limited, revocable, non-transferable, non-exclusive right to access and use the Site and Service, if such activity is solely for your internal purposes, except as may expressly agreed to in writing with the Site for Researchers.
- Password is and must be kept private. The Site shall never make your password public and never request for your password by email or by any other way, except as logging in to the site or any of the Service or making certain amendments to your data stored by it.
It is your responsibility to keep your password private and confidential. Any use or misuse of the password shall be your responsibility alone. You shall be solely responsible for any and all use or misuse of your Account, whether authorised or not.
If you suspect unauthorised use of your Account, you are to notify the Site immediately (at our “contact us” page, subject: Unauthorised use of my account), to supply us with enough information both to found your suspicion and your ownership of the Account as per our discretion and to change your password immediately.
- Service which is currently free may not always remain as such. Prices of any Service may change. The Site reserves the right to charge for the membership, for an Account, for a survey or a project or for any use of the Service (or any part thereof) and to change its fees and fee policy from time to time in its sole discretion, with or without prior notice. Service already paid for which their price is changed, will be supplied to you for the price paid for the term agreed and you will not be charged more than you agreed for the service agreed upon. The pricing of future Service may change.
- Termination of Membership. The Site may terminate your membership, your account or any of the Service you applied to due to any breach of any law, any breach of these Terms, suspicion for misuse of the Site or Surveys or any other suspicion of a wrongful activity, at its sole discretion.
- Offer of Service. Changes to Services’ terms. The Site may offer various Services from time to time, whether paid for or free to use, whether requiring an Account or not. The Site may also, at its sole discretion, change, amend, suspend, remove, discontinue, temporarily or permanently, or charge any Service or payment for any of such Service (the Fee) at its sole discretion. You are under no obligation to pay for any such Service prior to the date in which the site informs you that any such Service is to be paid for. Any use after said notification is subject to payment as decided by the Site and notified to you.
- Third party’s responsibility. All or portions of the Service may be provided by a third-party provider, who will bear the sole responsibility to the Service it supplies.
Surveys and Survey Payments
- “Content“ under these Terms, includes but is not limited to any surveys, questions, rankings, opinions and reviews, responses to surveys, materials, texts, works, questions and answers, text, data, files, code, software, applications, images, photos, pictures, video, design, graphics, sounds, account details, works of authorship, links, interactive features or any other materials or information, of any kind uploaded or added to the Site or any of its Service by user or other third parties. The Site will include both its own Content and third parties’ Content.
- Surveys are under Researchers’ sole responsibility, and not the Site’s. Please note that the Site functions as a platform allowing third parties (such as Researchers and Respondents) to communicate. The Site does not undertake to (but may) review, authorize or delete any survey, response or other third party Content. The sole responsibility for anything included within each survey lies under its Researchers’ liability, and the Site will bear no liability whatsoever. Therefore it is Researchers’ sole responsibility to review and ensure that any Content, Survey, contact list, and any other data or work uploaded to or used on the Site will be correct, aligned with these terms and not breaching any law or third party’s right.
- Report any unaccepted or breaching survey. Nevertheless, we wish the Site to remain beneficial, entertaining and functional. Therefore, you are invited to report any survey, response or any third party Content breaching the law, breaching your legal rights or otherwise objectionable. The Site will review your report and will try to act accordingly, in consideration of the relevant laws and Terms and subject to the Site’s own discretion and to the Content uploader’s sole responsibility. Nevertheless, the Site will not be under any undertaking to act in a specific way, and lack of activity or other certain activity is subject to the Site’s sole discretion and will not be considered as the Site’s fault or cause of action versus the Site.
- Adding and removing your name from Respondent’s list. Upon opening a survey, the Researcher may upload to the Site his own contact person’s list (of names and contact details). By doing so, each Researcher undertakes that he had received all contact persons’ consent for any such activity. Nevertheless, should you receive a survey to which you did not agree to be included in, it is considered a breach of our Terms. Therefore, in such a case, please notify the Researcher immediately and if this was to no avail, please use our contact details to notify us as well. Naturally, we will remove your contact details from the said survey (or from our Recipients, if you so choose) as soon as reasonably possible.
- No other use of Researcher’s contact list. The Site will not make any other use of Researcher’s contact lists uploaded to it, apart from in relation with presenting surveys that might be of interest to the contacts included and allowing the contacts who so wish to open an Account on the Site.
- Survey’s and Researchers’ ranking. Each Researcher shall detail his surveys’ details, such as number of questions, field of interest, length of time required to participate, relevant Respondent characteristics, monetary reward, etc. At the end of each survey you will be allowed to grade both the survey and the Researcher. Your grade will be used as one of the factors in the Researcher’s and survey’s ranking so please grade honestly and in good faith. The Site retains the right to ignore or remove your grade should it decide, based on its own consideration, that the grade was biased, dishonest or somehow else inappropriate. Grading in such a way will be considered prohibited under the Terms.
- Allowing notifications. If you wish to keep updated with notification regarding surveys that fit your profile and interests, please change your device settings in order to allow the Site and its relevant application to supply you with such notification. Doing that signifies your acceptance to receive both notifications and other commercial messages from the Site or its partners.
- First come – first participate. Most surveys will be with a limited number of participating Respondents. That means that if you are interested in participating in a specific survey and earning your Survey Payment, you should opt-in as a Respondent and complete your filing as soon as possible. If at any time you opt-in or file your response after our servers had all potential Respondent places for said survey been filled, you may not be awarded any Survey Payment or any other benefits as a Respondent from such a survey, even though you completed it.
- Check before responding. When you chose to respond to a survey, please check your responses carefully, as once sent – your responses may not be amended but will be considered final.
- Survey Payments. Respondents may receive monetary rewards for participating in various surveys and completing them (hereby – “Survey Payments“). Survey Payments will be subject to the Site’s Terms and policies and to the specific survey’s terms. If you err in any of your identity or payment details, your Survey Payment might not be paid to you but lost and irretrievable.
- Survey Payments amounts vary. The actual amount of Survey Payment for each survey is determined by Researcher’s choices and will vary from survey to survey, as detailed in each survey Terms.
- Survey Payments are Researcher’s responsibility. If, at any time, Researcher might not stand up to its undertaking it is considered his sole responsibility, and not the Site’s. The Site does not undertake to pay any Survey Payments NOT covered by Researcher. Your sole remedy in such a case lies directly with Researcher and you may rank him accordingly. Of course, if such complaints had been ascertained, we will take into consideration any such activity by Researcher and will act accordingly not to allow such wrongful researcher to continue to work with our Site.
- Survey Payment threshold. Survey Payments shall only be paid to you after you have accumulated an amount of Survey Payments in your Account greater than the minimal threshold as detailed on the Site.
- Incorrect details might cause non-payment of Survey Payments. You are required to keep your personal details in your Account detailed, correct and up to date. Any wrong detail may cause you not to receive Survey Payments the Site might wish to send you.
- Payment method is only by using your own PayPal account. Any Survey Payment will be made to you solely by identifying yourself and using your unique PayPal account. No other Survey Payment methods will be used, unless specifically detailed on the Site.
- Timely Payment of Survey Payments. Sadly, there might be several factors that may delay, inhibit, prohibit or limit in any way the actual payment of Survey Payments. Therefore you agree that the Site will take reasonable steps to finalize any such payments when due, but will not be liable for any late payment for any reason and will never bear any interest or other sanctions.
- Taxes included. Prices shall always include all taxes for each transaction or sale, unless specifically stated.
- No responsibility for misuse of Account or payment methods. It is important that you understand that your Account details and payment method must be kept with care and confidentiality by you. You will bear the sole responsibility for misuse of you membership, Account or payment method, and will not be eligible for any refund in a case of misuse. Your sole remedy may be freezing the Account after convincing the Site, at its own discretion, that the account was abused and that you are its sole owner. No refund shall be awarded to any Survey Payments already being made.
Information supplied to the Site
- Content on Site and Service is public. Please choose carefully what Content you post on the Site or the Service, either on your profile, on surveys, on responses or on any other place. Do not post any Content you do not wish to make public or any Content which is not in accordance to these Terms or with any law applicable.
- All Content provided by you is true and accurate. By posting Content to the Site or to any of the Service you represent and warrant that all the Content you post anywhere within the Service and Site is true, accurate and not misleading and you will update it as long as it is posted publicly
- Site not responsible for any Content. The Site does not assume any responsibility for any Content (including the surveys and its results) or for any damage or harm it may cause in any way. Naturally, survey results may not be conclusive, may be different due to specific Respondents’ personal traits, may be difficult to effectively analyze, or might include inaccurate, inappropriate, explicit, libel or otherwise offensive information. Please make use of the “Report Content” link at the bottom of certain pages, or use the “Contact Us” page.
Use of the Site and Service
- The License granted to you. The Site hereby grants you a nonexclusive, nontransferable license (limited by the Terms) to access and use the Service and Site in accordance with normal use of its interface, to review any surveys’ results and all other Content available on the Site for personal use only, unless agreed differently with the Site. To remove any doubt, the use of the Site and any of the Service is licensed, not sold.
- You may not: To the extent permissible by applicable law, you may not, nor may not permit any other person or entity to:
- Sublicense, redistribute or lease any portion of the service;
- Reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Site or create derivative works from any of the Services or surveys;
- Reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, access to any of the Services; or
- Copy, reproduce, capture, store, retransmit, distribute or otherwise make any use not in accordance with the Site’s interface or while removing the Site’s logo, of any Content included within.
- You are responsible to any Content you generate on the Site and Service. You will bear the sole responsibility for any Content you generate, upload or post on the Site and Service and the consequences of such Content (including all surveys, surveys responses and other Content). You specifically affirm, represent, and warrant that: you own or have the necessary licenses, rights, consents and permissions to use and authorize the Site to use all Content of any kind posted or uploaded to the Site or Service and that such activity does not breach any law or third party right of any kind and that any such Content is true, complete and up-to-date.
- User Content.The Site displays certain Content provided by others that is not owned by us. Such Content is the sole responsibility of the entity that makes it available. As such, you are responsible for your own Content and you must ensure that you have all the rights and permissions needed to use that Content in connection with the Site and Service. The site is not responsible for any actions you take with respect to your Content, including sharing it publicly. Please do not use Content from the Service unless you have first obtained the permission of its owner, or are otherwise authorized by law to do so.
- Content not reflect Site’s views. The third parties’ Content on the Site and Service is not endorsed or guaranteed in any way by the Site and does not reflect the views or policies of the Site.
- Content Review.You acknowledge that, in order to ensure compliance, the Site may be required to review Content submitted by you to determine certain requests and demands in relation with said Content. Thus, the Site might also modify, prevent access to, delete, or refuse to display Content that was reported as or that the Site believes to be violating the law, the Terms or any third party’s right. However, the Site has no obligation to monitor or review any Content submitted to it.
- No warrantees to Content. The Site does not and cannot make any warranties, express or implied, as to the Content of the Service or to the accuracy and reliability thereof. You must understand that survey results are subject to many factors, and as such may not be specific, complete, precise and may change with each survey depending on many factors. You are to verify the validity, accuracy, relevancy and any other attribute of any relevant content yourself, and the Site urges you NOT to use any such content unless verified by yourself.
- Content and conduct prohibited. The following is a non-inclusive list of the kinds of Content and conduct that should NOT take place on or with relation to the Site or the Service (publicly or privately). Content or conduct that is:
- engaging in or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any city, state, national or international law or regulation, or which fails to comply with accepted protocols;
- Illegal or unauthorized use of the Site or Service, including but not limited to intellectual property breach, collecting other users’ details of any kind and any other illegal, breaching, damaging, harmful or inappropriate activity is totally prohibited.
- offensive or may promote racism, hatred or harm of any kind against any group or individual;
- harasses, stalks or advocates harassment or stalking of another person or group of individuals;
- contains offensive or inappropriate nudity, violence, or offensive subject matter or contains a link to an adult website not acceptable to the Site, at its sole discretion;
- contains libelous, abusive, obscene, discriminatory, or otherwise objectionable information;
- is intended to be to bias in any manner the results of any survey or other project on the Site;
- promotes false or misleading information or survey results;
- solicits passwords or other personal information (such as addresses, social security numbers, etc.) from other users;
- attempting to impersonate another person or opening an Account under false name, characteristics or pretences;
- using the Account, username, or password of another member at any time or disclosing your password to any third party or permitting any third party to access your account;
- accessing data, code or any Content not intended for users of the Site or Service, or gaining unauthorized access to an Account, server or any other computer system;
- attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
- promotes, executes or contributes in any way an unauthorized activity with copyrighted or trademarked works (either registered or not registered) of any kind, posting any trade secrets or otherwise confidential information, assisting such behavior by providing pirated works or links to them, providing information to circumvent manufacture-installed copy-protect devices, etc.;
- uploading, posting, emailing, transmitting or otherwise making available any unsolicited advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation.
- covering or obscuring the banner advertisements on your personal profile page, or any of the Site’s pages via any means;
- any automated use of or access to the Site and Service, including but not limited “bots”, “robots”, “spiders”, etc. that accesses the Site in a manner that sends request messages to the Site’s servers more than a human can reasonably produce in the same period of time by using a conventional on-line web browser.
- attempting or interfering with the function of the Site, Service, host or network, including, without limitation, via means of submitting a virus to the Site or its users, overloading, “flooding”, “mailbombing”, “crashing”, “ddos attacks”, “malware” or sending unsolicited e-mail, including promotions and/or advertising of products or Service;
- circumventing, disabling or otherwise interfering with security-related features or other digital-rights-management features of the Site or features that prevent or limit use or copying of any Content or enforce limitations on use of the Site or the Content therein.
- harming, bothering or troubling in any manner any user of the Site or any third party;
- You may not alter or modify in any way or manner any part of the Site, its look-and-feel, interface, advertisements, code, print-outs or any of its related technologies or the surveys within.
- Inquiry and termination of membership, Account or any of the Services due to breach. The Site reserves the right to investigate and take legal action against anyone who, in the Site’s sole discretion, violates these Terms, including the removal of the offending Content from the Site and the Service without notice, locking said person’s Account, etc.. The Site may, at its sole discretion, terminate the membership or Account of anyone acting not in accordance to the Terms or to any relevant law or official requirement and/or disclose to third parties any detail connected with or relating to a member breaching the Terms or any law. Any Survey Payments not yet paid at that time will not be paid to said person, and that shall not be considered a breach of the agreement.
- Possible but no mandatory monitoring of Content. Removal of Content. The Site undertakes no responsibility for monitoring the Site or Service for inappropriate surveys, Content or conduct of any user. You may address the Site to report any problematic survey or Content using the “Report Content” button on certain pages or the “Contact Us” page. Nevertheless, the Site may choose, in its sole discretion, to monitor the Site and Service. Such monitoring shall not assume any such duty on the Site to monitor or to remove any such content. The Site may delete or remove (without notice) any Content in its sole discretion, for any reason or no reason.
- You acknowledge that the Site might keep copies and use in any way any Content uploaded and posted with it, even if such content was deleted by you.
- You agree that the Service may include certain security and digital rights management technologies (DRM) that may limit your use of the Site and Service. You must use the Site and Service in compliance with the applicable usage rules and guidelines established by the Site on relevant places and pages, including the Terms. Any other use of the Site or Service may constitute a copyright infringement and will be deemed breach of the Terms. By use of the Site or any of the Service you agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to Site for any reason – or to attempt or assist another person to do so.
Proprietary Rights and Intellectual Property
- Posting of Content violating third party rights is forbidden. The Site respects any and all rights of third parties, including intellectual property and copy rights. The Site hereby prohibits you and any of its users from uploading, posting or otherwise transmitting or using on the Site or its Service any Content that violates another person’s rights.
- You are responsible for non-breach. The responsibility for any Content posted shall be born solely by the user posting such Content. The Site shall have no responsibility whatsoever regarding such Content.
- You retain ownership of your Content.You retain ownership of all of your intellectual property rights in your Content. The Site does not claim ownership over any of your Content. The Site does gain license to use any of your Content in the manner detailed below.
- Your undertaking and warranty regarding Content. You undertake and warrant, by posting any content to the Site or within any of its Service that You own all rights in the content or hold the right to post such content and that you are authorized to grant the Site License as set below and that granting such License does not breach any law or third party right.
You hereby grant each user of the Site and Service a non-exclusive license to access any of the Content you post publicly on the Site and to use, reproduce, distribute, display and perform such content as permitted through the functionality of the Site and under these Terms for private and non-commercial use.
- The License granted by you. You hereby grant the Site and its’ Researchers the following licenses:
- To the Site: You grant the Site irrevocable, perpetual, nonexclusive, world-wide, royalty free, no-charge, transferable, sub-licensable, assignable license to use your details and any Content you upload to the Site for any reason or purpose whatsoever (commercial, promotional or otherwise) to make any use of your Content, including but not limited to: publish it in any media, use it, analyze it, amend or edit it, translate or change it in any manner, copy, make available to the public, create derivative works thereto, analyze it, publicly perform, transmit, broadcast it or use it in any other way as the Site might deem fit.
- To Researchers: You grant the Researchers who’s polls or Content you have replied to with a one-time payment (who’s amount shall be as detailed under each relevant poll or Content), nonexclusive, world-wide, royalty free, transferable license to use any Content you upload to the Site relating to relevant Researcher for any reason or purpose whatsoever (commercial, promotional or otherwise) to make any use of your Content, including but not limited to: publish it in any media, use it, analyze it, amend or edit it, translate or change it in any manner, copy, make available to the public, publicly perform, transmit, broadcast it or use it in any other way as the Site might deem fit. This license for such limited purposes continues even after you stop using the Site, though you may have the ability to delete your Content or data within the Site if you so choose. This license also extends to any third parties we work with to the extent necessary to provide the Service to you or promote the Site’s business.
- Limited uses of Content and Service. You may not modify, distribute, copy, frame, republish, display, post, publish, post, copy, reproduce, sell or make any other use in any way of any Content on the Site or any of the Service which is not yours and uploaded by you, in whole or in part, including but not limited to all copyrighted material, trademarks, or other proprietary information belonging to others, without obtaining the prior written consent of the owner of such proprietary rights and content. Only use may be done using the Site’s own reports and analyses, as they appear and without removing and copyright notices, logos, trademarks (whether registered or not) or editing the report. Naturally, the actual results of each survey are free for you to use, subject to you giving the Site this following credit when doing so – “Survey powered by superpoll.info“.
- If your work has been misappropriated. If you believe that your work has been misappropriated, copied and/or posted on the Site, in a way that constitutes copyright or other infringement, please provide our Copyright Agent with the following information:
- a description of the original protected work that you claim has been infringed;
- a description of where the material that you claim is infringing is specifically located on the Site or the Service;
- your contact details, including address, telephone number, and email address;
- a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- another written statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- Copyright Agent. The Site’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: Mrs. Dana Mizrahi, Email: firstname.lastname@example.org, attn: Copyright Agent; subject: Copyright Infringement. You may also send your complaint using our “Contact Us” page.
- The Site may, but is not obligated to, take down any Content reported.
- Counter Notice. If you believe your Content has been wrongfully reported and taken down, please submit a formal “counter notice” to our Copyright Agent at the address above. Please include:
- a copy of the removed Content (as we do not keep copies);
- a description of where the Content has been posted in the past;
- your contact details, including address, telephone number, and email address;
- a written statement by you that you have a good faith belief that your use is in accordance with the law or under authorization from the right’s holder, as relevant;
- an electronic or physical signature of yourself.
- Notification of removal. Upon removal of such Content, the Site might notify the member posting or publishing such Content of the details of the person filing the complaint, but is under no obligation to do so.
- Returning Content upon counter-notice. Upon receiving a counter-notice, the Site may return the relevant Content, and in such case – the site will respect any authorized court order or injunction relating to such Content.
- Terminating the account of repeat infringers. Repeatedly posting Content reported as beaching copyright or other right may cause the Membership of the posting Member to be terminated by the Site, with no previous warning.
- Termination of specific accounts. The Site may terminate any Account or membership, delete any profile and/or any Content or and/or prohibit any user from using or accessing the Site or Service, in whole or any part thereof, for any reason, for no reason, at any time in its sole discretion, with or without notice.
- Account Inactivity and termination.The Site may (but is under no obligation to) terminate your Account and delete any Content contained in it if there is no account activity (such as a log in event or payment) for over 12 months.
- Termination of the Site or any of its Services. The Site may also terminate its operations, all or any part thereof (including any of its Services), permanently or temporarily at its own discretion. The Site does not issue any warranty for continuance of any or all the Services and may terminate any or all of them at its own discretion, without notice and at any time.
- Changes to Service. The Site may also at its sole discretion remove, edit, amend, add to, remove from or change in any manner any of is Service.
- No remedies upon termination. To remove any doubt, you will not be awarded any remedy of any kind if the Site has terminated your Account, any of its Services or its activity altogether and you have no claim against the Site in any of these cases.
Disclaimers and no liability of the Site
- USE THE SITE AT YOUR SOLE RISK. YOU AGREE THAT THE USE OF THE SITE AND ANY OF ITS SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW.
- NO WARRANTEES OF ANY KIND. THE SITE AND ANY PART OF THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND AS AVAILABLE. THE SITE AND ANYONE RELATED TO IT OR ACTING ON ITS BEHALF EXPRESSLY DISCLAIMS ANY WARRANTY, CONDITION OR REPRESENTATION OF ANY KIND (EXPRESS, IMPLIED, ORAL OR WRITTEN), INCLUDING BUT NOT LIMITED TO FITNESS FOR A PARTICULAR PURPOSE, SPECIFIC FUNCTION, FUNCTIONALITY, MERCHANTABILITY, RELIABILITY, AVAILABILITY, QUALITY, PERFORMANCE, NON-INFRINGEMENT OR OTHER. THE SITE CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE OR THE SERVICE.
- SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES UNLESS MANDATORY UNDER SPECIFIC JURISDIOCTION.
- NO LIABILITY. IN NO EVENT WILL THE SITE, ITS DIRECTORS, EMPLOYEES, AGENTS OR ANYONE ON ITS BEHALF BE LIABLE TO ANY USER OR THIRD PARTY FOR ANY DIRECT AND INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS, REVENUES OR DATA, FINANCIAL LOSS OR ANY OTHER KIND OF DAMAGES ARISING FROM THE USE OF THE SITE OR ANY OF THE SERVICE, CONTENT, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE OR SERVICE OR OTHER CONTENT, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE SITE IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- LIMITATION OF LIABILITY. AS CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATION OF LIABILITY AS ABOVE OR IN ANY CASE ANY COMPETANT COURT DECIDES THAT FOR ANY REASON THE SITE OR ANYONE ON ITS BEHALF BE LIABLE TO ANY DAMAGES OF ANY KIND, THE SITE’S (OR ANYONE ON ITS BEHALF) TOTAL LIABILITY DUE TO ANY DAMAGES (DIRECT AND INDIRECT), CLAIMS OR CAUSES OF ANY SORT OR KIND (WHETHER CONTRACTUAL, TORTIOUS OR OTHER), EITHER BY LAW, DUE TO THESE TERMS (INCLUDING IMPLIED WARRANTEES OF ANY KIND) AND FOR ANY OTHER CAUSE WILL BE LIMITED (TO THE EXTENT PERMITTED BY LAW) AND NOT HIGHER THAN THE AMOUNT YOU PAID TO THE SITE TO USE ITS SPECIFIC RELEVANT SERVICE OR SURVEY AS APPILACBLE, SEURVEY OR PROJECT AS APPLICABLE.
IN ALL CASES, THE SITE AND ANYONE ON ITS BEHALF WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
- Don’t rely on any of the surveys and Content without prior outside verification. Surveys are a tool which is limited in its capacity and ability, and may be or may not be the right tool for you in each instance. Also each survey’s results might vary and depend on many factors most of them are not controlled by the Site. Surveys are NOT to be regarded as a recommendation and you are not to base your decisions solely upon their results. Please understand that surveys are decision-support tool, and not more than that. Do NOT base any decision solely on a survey or its results, and always try to check yourself and the survey’s results.
- No liability to any error of any kind. The Site may include and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, anything within the Site, including but not limited to Courses or any of its content and Service.
- No responsibility for security breaches, malware, fraud or similar faults. As always online, and even though the Site undertakes reasonable security measures as customary, certain security breaches, hacks, cracks, deceit, fraud or other faults (such as viruses and Trojan horse codes) may always happen. The Site will be under no liability to any such fault.
- No liability for lost data. If, at any instance, any of your data is deleted for any reason or your Account terminated, the Site is under no obligation to back up your data and Account and shall not be liable to any such lost data or Account.
- No responsibility for linked materials and websites. Any Content on the Site, whether posted by the Site or by anyone else, may contain links to other websites. The Site is not responsible for any content published on such other sites or opinions expressed on such other sites, including but not limited to their accuracy or their being kept up to date by such sites. Such sites are in no way investigated, monitored or verified for accuracy, completeness or otherwise by the Site. Inclusion of any linked website on the Site or Service does not imply approval or endorsement of the linked site by the Site. When you access these third-party sites, you do so at your own risk. If any link to such site offends you, causes you any harm or you believe is illegal, please notify us by using the “Report Content” link at the bottom of certain pages, or use the “Contact Us” page.
- No responsibility for any technical difficulty. The Site shall not be responsible for any problems or technical malfunction of any communication network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems, virus and malicious codes or traffic congestion on the Internet or on any of the Service or combination thereof, including any injury or damage to yourself, to any user or to any person’s computer related to or resulting from participation or downloading or receiving materials in connection with the Site or the Service.
- No responsibility to advertisements. The Site assumes no responsibility for third party advertisements which are posted on the Site or through the Service, nor does it take any responsibility for the goods or Service provided by its advertisers or to any warranty or undertaking detailed in such advertisement.
- No responsibility to users’ activity. The Site cannot and is not responsible for the any conduct or misconduct, whether online or offline, of any user. You bear the sole responsibility to any activity by yourself or by others using your account.
- Importance of logging off. Please make sure to “log out” at the end of each session and not to save your password using the browser or any other password managing code, especially if you use a public computer other persons may use later.
- No Backup. Remember to Backup.You are responsible for maintaining backups of your Content or of any other relevant part of the Site. The Site shall not undertake to execute any backup of any kind. To the extent permitted by applicable law, the Site will not be liable for any failure to store, or for loss or corruption of, your Content or any other data whatsoever.
- Exclusive law and jurisdiction. By using the Site or the Service in any manner, you agree that in any dispute about or involving the Site or the Service, the dispute shall be exclusively governed by the laws of the State of Israel, without regard to conflict of law provisions and governed by these Terms. In such a case, you agree to an exclusive personal jurisdiction and venue in the competent courts in the district of Tel Aviv Jaffa, Israel.
- You shall indemnify and hold the Site, its subsidiaries, and affiliates, and their respective directors, officers, agents, partners, contractors and employees, harmless from any loss, liability, claim, demand, costs, damages or expenses, including reasonable attorneys’ fees, made by any third party due to or arising out of the use of the Site or the Service or any of the content, in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set forth above and/or if any content that you post on the Site or the Service causes the Site to be liable to any third party.
- Limitation on the Period of Limitation. YOU HEREBY AGREE THAT ALL CLAIM OR CAUSE OF ACTION OF ANY KIND VERSUS THE SITE OR ANYONE ON ITS BEHALF SHALL BE FILED IN A COURT OF LAW WITHIN AND NO LATER THAN TWELVE (12) MONTHS PAST THE DATE OF ITS OCCURRENCE. THIS SECTION IS TO BE CONSIDERED AS AN AGREED LIMITATION ON THE PERIOD OF LIMITATION UNDER ANY RELEVANT LAW, AND SHALL OVERCOME ANY OTHER LEGAL REQUIREMENT (UNLESS IT IS A MANDATORY LEGAL REQUIREMENT).
- Interstate Nature of Communications on the Site. When you register with any of the Services or to the Site, you acknowledge that if while using the Service you send electronic communications of any kind, you will be causing communications to be sent through the Site’s networks and servers located in Israel or the USA. As a result, any of the communications will be transmitted through several states and countries, regardless of where you are physically located at the time of transmission. According, by agreeing to these Terms, you acknowledge that use of the Service results in such international data transmissions.
- Entire agreement. These Terms and any location these Terms refer to constitute the entire agreement between you and the Site regarding any kind of use of the Site and the Service.
- Non waiver of rights. Failure of the Site to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
- Section titles solely for convenience. The section titles in these Terms are for convenience only and have no legal or contractual effect.
- The Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
- No third party agreement. You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to these Terms.
- Contact us email. Please contact us at: email@example.com with any questions regarding these Terms.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
Effective date: July 12, 2016 onwards.