It is important that both PollCat and our customers "Customer" know their responsibilities and be legally protected. Therefore, the following agreement has been designed.
Registering for PollCat™ Polls or signing up for a PollCat™ Surveys Account implies you agree to the following terms.
- The Service: Via the Internet and through use of PollCat’s proprietary systems, PollCat is providing the Customer with the ability to: develop and build questionnaires; publish, administer, and manage said questionnaires; gain and view reports on, responses to, and results of said questionnaires; export responses to, and results of said questionnaires; and be sent messages concerning the status of said questionnaires.
- Availability of Service: Occasionally, due to circumstances beyond the control of PollCat and caused by no fault of PollCat, services may be unavailable without warning.
- Accessing the Service: The Customer is responsible for any tools, including hardware, software, or Internet Service, required to access PollCat’s services.
- Publicizing: The Customer is solely responsible for publicizing their questionnaire and soliciting respondents, and agrees to indemnify and hold PollCat harmless from any and all claims and liabilities associated with said publicizing and soliciting, including but not limited to claims involving copyright infringement, obscenity, false advertising, fraud, privacy issues, libel or defamation, and unsolicited e-mail or spam.
- Content: The Customer guarantees that questionnaire content shall not contain any illegal or unlawful substance. Customer is solely responsible for said questionnaire content and shall indemnify and hold PollCat harmless from any and all claims and liabilities associated with said content, including but not limited to claims involving copyright infringement, obscenity, false advertising, fraud, privacy issues, libel or defamation, and unsolicited e-mail or spam.
- Liability Disclaimer:
- THE SERVICE AND CONTENT PRODUCED BY THE SERVICE ARE PROVIDED "AS-IS," AND "AS AVAILABLE." POLLCAT EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. USE OF POLLCAT’S SERVICES SHALL BE ON AN "AT YOUR OWN RISK" BASIS FOR THE CUSTOMER. POLLCAT AND ITS AFFILIATES, LICENSORS, THIRD PARTY CONTENT OR SERVICE PROVIDERS, OR DEALERS ARE NOT LIABLE FOR ANY LOSS OR DAMAGES WEATHER SAID DAMAGES BE INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR OTHERWISE, INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR LITIGATION, WHETHER ARISING FROM BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY, NEGLIGENCE, OR OTHERWISE, EVEN IF PollCat HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- POLLCAT DISCLAIMS ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN ELECTRONIC FILES RECEIVED FROM OR THROUGH THE SERVICE.
- Passwords: The Customer agrees to keep their password confidential and must notify PollCat of any unauthorized use of said password. PollCat does not offer protection from unauthorized password use.
- Property Issues:
- Questionnaire Content: Excluding any PollCat logos, trademarks, and template, tutorial, or sample questions and questionnaires, all property rights to the content of a questionnaire belong to the Customer.
- Responses: All responses and results are the property of the Customer, and as such PollCat will not share any of said responses and results with any entity other than the Customer unless specifically allowed by written agreement.
- Licensing: The Customer agrees to and hereby does grant PollCat limited, nonexclusive right and license to reproduce and use any questionnaires and results in order to complete services for the Customer.
- Templates Tutorials and Samples: Template, tutorial, and sample questions and questionnaires (hereinafter TEMPLATES) are the sole property of PollCat or the sole property of a third party which has given PollCat the explicit right to offer the TEMPLATES. The Customer agrees to not use the TEMPLATES in any way other than with PollCat’s services. Furthermore, the Customer agrees to always include any and all copyright and property notices attached to TEMPLATES.
- Illegal Use: The Customer agrees to not use PollCat’s services in connection with any fraudulent or illegal activity. Furthermore, the Customer agrees to never use any responses or results in a fraudulent or illegal manner.
- Reverse Engineering: Reverse engineering, de-compilation, and disassembly are strictly prohibited, and the Customer hereby agrees to not reverse engineer, de-compile, or disassemble any of PollCat’s controls or software, except where such actions are expressly permitted by applicable law.
- Termination: PollCat reserves the right to terminate any Customer’s use of PollCat’s services.
- Severability: If any provision of the present Agreement is found invalid or unenforceable, such invalidity shall not affect the validity of any other provision, and such invalid provision shall be deemed to be severed from the Agreement.
- Locality of Law: This Agreement shall be governed by and interpreted under and according to the laws of the State of California. All disputes arising from this Agreement or from services provided by PollCat shall be settled in the courts of the county of Los Angeles, California.
- Subject to Change: This Agreement is subject to change upon reasonable notice of Customer.
- Written Contract: Upon the request of PollCat, the Customer agrees to execute a written version of this Agreement.