Terms & Conditions

PLEASE READ THIS CAREFULLY BECAUSE IT SETS OUT THE TERMS OF A LEGALLY BINDING AGREEMENT BETWEEN YOU (THE “CLIENT”, “YOU”, OR “YOUR”) AND VIAPOLLS.COM (THE “COMPANY”, “WE” OR “US”), THE OWNER AND OPERATOR OF VIAPOLLS.COM. THIS PAGES SETS OUT THE TERMS & CONDITIONS (THE “TERMS”) ON WHICH YOU MAY USE THE VIAPOLLS.COM WEBSITE AND THECONTENT/SERVICES AVAILABLE THROUGH IT (COLLECTIVELY, THE “SERVICES”).

ACCEPTANCE OF TERMS OF SERVICE

BY USING THE SERVICES, IRRESPECTIVE OF THE DELIVERY PLATFORM YOU USE TO ACCESS THEM, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THE TERMS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, YOU ARE NOT PERMITTED TO USE THE SERVICES.

CHANGES TO TERMS OF SERVICE

RIGHT TO CHANGE TERMS

THE COMPANY RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CHANGE THESE TERMS (“UPDATED TERMS”) FROM TIME TO TIME.

NOTICE OF UPDATED TERMS

YOU AGREE THAT THE COMPANY MAY NOTIFY YOU OF THE UPDATED TERMS BY POSTING THEM ON THIS PAGE.

ACCEPTANCE OF UPDATED TERMS

YOUR USE OF THE SERVICES AFTER THE EFFECTIVE DATE OF THE UPDATED TERMS CONSTITUTES YOUR ACCEPTANCE OF THE UPDATED TERMS. EFFECTIVE DATE OF UPDATED TERMS. THE UPDATED TERMS WILL BE EFFECTIVE AS OF THE TIME OF POSTING, OR SUCH LATER DATE AS MAY BE SPECIFIED IN THE UPDATED TERMS, AND WILL APPLY TO YOUR USE OF THE SERVICES FROM THAT POINT FORWARD.

USE OF SERVICES LICENSE

DURING THE TERM OF THIS AGREEMENT, THE COMPANY GRANTS YOU A LIMITED, NON-EXCLUSIVE, NON-TRANSFERABLE LICENSE TO ACCESS THE SERVICES FOR YOUR PERSONAL AND NON-COMMERCIAL USE IN ACCORDANCE WITH THESE TERMS.

INTELLECTUAL PROPERTY RIGHTS

THE DESIGN, TRADEMARKS, SERVICE MARKS, AND LOGOS OF THE SERVICES (“MARKS”), ARE OWNED BY OR LICENSED TO THE COMPANY, SUBJECT TO COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS UNDER THE LAWS OF THE UNITED KINGDOM, FOREIGN LAWS AND INTERNATIONAL CONVENTIONS. THE COMPANY RESERVES ALL RIGHTS NOT EXPRESSLY GRANTED IN AND TO THE SERVICES. YOU AGREE TO NOT ENGAGE IN THE USE, COPYING, OR DISTRIBUTION OF ANY OF THE SERVICES OTHER THAN EXPRESSLY PERMITTED.

USER CONDUCT

YOU MAY NOT ENGAGE IN ANY OF THE FOLLOWING PROHIBITED ACTIVITIES: COPYING, DISTRIBUTING, OR DISCLOSING ANY PART OF THE SERVICES IN ANY MEDIUM, INCLUDING WITHOUT LIMITATION BY ANY AUTOMATED OR NONAUTOMATED “SCRAPING” USING ANY AUTOMATED SYSTEM, INCLUDING WITHOUT LIMITATION “ROBOTS,” “SPIDERS,” “OFFLINE READERS,” AND OTHER SUCH SYSTEMS, TO ACCESS THE SERVICES, TRANSMITTING SPAM, CHAIN LETTERS, OR OTHER UNSOLICITED EMAIL, ATTEMPTING TO INTERFERE WITH, COMPROMISE THE SYSTEM INTEGRITY OR SECURITY, OR DECIPHER ANY TRANSMISSIONS TO OR FROM THE SERVERS RUNNING THE SERVICES, AKING ANY ACTION THAT IMPOSES, OR MAY IMPOSE AT OUR SOLE DISCRETION AN UNREASONABLE OR DISPROPORTIONATELY LARGE LOAD ON SERVICES’ INFRASTRUCTURE, UPLOADING INVALID DATA, VIRUSES, WORMS, OR OTHER SOFTWARE AGENTS THROUGH THE SERVICES, COLLECTING OR HARVESTING ANY PERSONALLY IDENTIFIABLE INFORMATION, INCLUDING ACCOUNT NAMES, FROM THE SERVICES, USING THE SERVICES FOR ANY COMMERCIAL SOLICITATION PURPOSES, IMPERSONATING ANOTHER PERSON OR OTHERWISE MISREPRESENTING YOUR AFFILIATION WITH A PERSON OR ENTITY, CONDUCTING FRAUD, HIDING OR ATTEMPTING TO HIDE YOUR IDENTITY, INTERFERING WITH THE PROPER WORKING OF THE SERVICES, ACCESSING ANY CONTENT ON THE SERVICES THROUGH ANY TECHNOLOGY OR MEANS OTHER THAN THOSE PROVIDED OR AUTHORIZED BY THE COMPANY, OR BYPASSING THE MEASURES WE MAY USE TO PREVENT OR RESTRICT ACCESS TO THE SERVICES, INCLUDING WITHOUT LIMITATION FEATURES THAT PREVENT OR RESTRICT USE OR COPYING OF ANY CONTENT OR ENFORCE LIMITATIONS ON USE OF THE SERVICES.

LINKS

THE SERVICES MAY FEATURE LINKS TO THIRD-PARTY WEBSITES OR RESOURCES. YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR: (I) THE AVAILABILITY OR ACCURACY OF SUCH WEBSITES OR RESOURCES, OR (II) THE CONTENT, PRODUCTS, OR SERVICES ON OR AVAILABLE FROM SUCH WEBSITES OR RESOURCES. LINKS TO SUCH WEBSITES OR RESOURCES DO NOT IMPLY ANY ENDORSEMENT BY THE COMPANY OF THOSE WEBSITES OR RESOURCES. YOU ACKNOWLEDGE SOLE RESPONSIBILITY FOR AND ASSUME ALL RISK ARISING FROM YOUR USE OF ANY SUCH WEBSITES OR RESOURCES.

THIRD PARTY CONTENT

THROUGH THE SITE, YOU WILL HAVE THE ABILITY TO ACCESS AND/OR USE CONTENT PROVIDED BY THIRD PARTIES. THE COMPANY CANNOT GUARANTEE THAT SUCH THIRD PARTY CONTENT WILL BE FREE OF MATERIAL YOU MAY FIND OBJECTIONABLE OR OTHERWISE. THE COMPANY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY RELATED TO YOUR ACCESS OR USE OF ANY THIRD PARTY CONTENT.

PRIVACY

FOR INFORMATION ABOUT HOW THE COMPANY COLLECTS, USES, AND SHARES YOUR INFORMATION, PLEASE REVIEW OUR PRIVACY POLICY. YOU AGREE THAT BY USING THE SITE YOU CONSENT TO THE COLLECTION, USE, AND SHARING (AS SET FORTH IN THE PRIVACY POLICY) OF SUCH INFORMATION.

COPYRIGHT POLICY

THE COMPANY RESPECTS THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS. WE WILL RESPOND TO NOTICES OF ALLEGED COPYRIGHT INFRINGEMENT THAT COMPLY WITH APPLICABLE LAW AND ARE PROPERLY PROVIDED TO US. IF YOU BELIEVE THAT YOUR CONTENT HAS BEEN COPIED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT, PLEASE SUBMIT THE FOLLOWING INFORMATION TO INFO@VIAPOLLS.COM: A PHYSICAL OR ELECTRONIC SIGNATURE OF THE COPYRIGHT OWNER OR A PERSON AUTHORIZED TO ACT ON THEIR BEHALF, IDENTIFICATION OF THE COPYRIGHTED WORK CLAIMED TO HAVE BEEN INFRINGED, IDENTIFICATION OF THE MATERIAL THAT IS CLAIMED TO BE INFRINGING OR TO BE THE SUBJECT OF INFRINGING ACTIVITY AND THAT IS TO BE REMOVED OR ACCESS TO WHICH IS TO BE DISABLED, AND INFORMATION REASONABLY SUFFICIENT TO PERMIT US TO LOCATE THE MATERIAL, YOUR CONTACT INFORMATION, INCLUDING YOUR ADDRESS, TELEPHONE NUMBER, AND AN EMAIL ADDRESS, A STATEMENT BY YOU THAT YOU HAVE A GOOD FAITH BELIEF THAT USE OF THE MATERIAL IN THE MANNER COMPLAINED OF IS NOT AUTHORIZED BY THE COPYRIGHT OWNER, ITS AGENT, OR THE LAW, AND A STATEMENT THAT THE INFORMATION IN THE NOTIFICATION IS ACCURATE, AND, UNDER PENALTY OF PERJURY, THAT YOU ARE AUTHORIZED TO ACT ON BEHALF OF THE COPYRIGHT OWNER.

PROMOTIONS

SOME PARTIES MAY PROMOTE COMPETITIONS, PROMOTIONS, PRIZE DRAWS AND OTHER SIMILAR OPPORTUNITIES THROUGH THE SERVICES (“THIRD PARTY COMPETITIONS”). THE COMPANY IS NOT THE SPONSOR OR PROMOTER OF THESE THIRD PARTY COMPETITIONS AND DOES NOT BEAR ANY RESPONSIBILITY OR LIABILITY FOR THE ACTIONS OR INACTIONS OF ANY THIRD PARTIES WHO ORGANIZE, ADMINISTER OR ARE OTHERWISE INVOLVED IN ANY OF PROMOTION OF THESE THIRD PARTY COMPETITIONS. IF YOU WISH TO PARTICIPATE IN ANY OF THESE THIRD PARTY COMPETITIONS, YOU ARE RESPONSIBLE FOR READING AND ENSURING THAT YOU UNDERSTAND THE APPLICABLE RULES AND ANY ELIGIBILITY REQUIREMENTS AND ARE LAWFULLY ABLE TO PARTICIPATE IN SUCH THIRD PARTY COMPETITIONS IN YOUR COUNTRY OF RESIDENCE.

TERMINATION

TERMINATION UPON NOTICE

EITHER PARTY MAY TERMINATE THIS AGREEMENT AT ANY TIME BY NOTIFYING THE OTHER PARTY.

TERMINATION BY THE COMPANY

THE COMPANY MAY TERMINATE OR SUSPEND YOUR ACCESS TO OR ABILITY TO USE THE SERVICES IMMEDIATELY, WITHOUT PRIOR NOTICE OR LIABILITY, FOR ANY REASON OR NO REASON, INCLUDING BREACH OF THIS AGREEMENT. IN PARTICULAR, THE COMPANY MAY IMMEDIATELY TERMINATE OR SUSPEND ACCOUNTS THAT HAVE BEEN FLAGGED FOR REPEAT COPYRIGHT INFRINGEMENT.

EFFECT OF TERMINATION

UPON TERMINATION OF YOUR ACCESS TO OR ABILITY TO USE THE SERVICES, YOUR RIGHT TO USE OR ACCESS THE SERVICES WILL IMMEDIATELY CEASE.

SURVIVAL OF PROVISIONS

THE TERMS’ PROVISIONS THAT BY THEIR NATURE SHOULD SURVIVE TERMINATION SHALL SURVIVE TERMINATION, INCLUDING, WITHOUT LIMITATION, OWNERSHIP PROVISIONS, WARRANTY DISCLAIMERS, AND LIMITATIONS OF LIABILITY. TERMINATION OF YOUR ACCESS TO AND USE OF THE SERVICES SHALL NOT RELIEVE YOU OF ANY OBLIGATIONS ARISING OR ACCRUING PRIOR TO TERMINATION OR LIMIT ANY LIABILITY THAT YOU OTHERWISE MAY HAVE TO THE COMPANY OR ANY THIRD PARTY.

DISCLAIMERS

THE SERVICES ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY DISCLAIMS ALL SUCH WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, ACCURACY, FREEDOM FROM ERRORS, SUITABILITY OF CONTENT, OR AVAILABILITY.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW IN NO EVENT SHALL THE COMPANY BE LIABLE FOR: ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM THE SERVICES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE.

INDEMNIFICATION

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE COMPANY, ITS SUBSIDIARIES AND AFFILIATED COMPANIES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, CAUSES OF ACTION, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING ATTORNEYS’ FEES AND COSTS) AND ALL AMOUNTS PAID IN SETTLEMENT ARISING FROM OR RELATING TO USE OF THE SERVICES. THE COMPANY MAY ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU HAVE AGREED TO INDEMNIFY THE COMPANY AND YOU AGREE TO ASSIST AND COOPERATE WITH THE COMPANY IN THE DEFENSE OR SETTLEMENT OF ANY SUCH MATTERS.

ARBITRATION CLAIM PROCEDURE

FOR ANY DISPUTE YOU HAVE WITH THE COMPANY, YOU AGREE TO FIRST CONTACT THE COMPANY AND ATTEMPT TO RESOLVE THE DISPUTE INFORMALLY. IF THE COMPANY HAS NOT BEEN ABLE TO RESOLVE THE DISPUTE WITH YOU INFORMALLY, WE EACH AGREE TO RESOLVE ANY CLAIM, DISPUTE, OR CONTROVERSY (EXCLUDING CLAIMS FOR INJUNCTIVE OR OTHER EQUITABLE RELIEF) ARISING OUT OF OR IN CONNECTION WITH OR RELATING TO THIS AGREEMENT BY BINDING ARBITRATION BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER THE COMMERCIAL ARBITRATION RULES AND SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES THEN IN EFFECT FOR THE AAA, EXCEPT AS PROVIDED HEREIN.

ARBITRATION LOCATION

UNLESS YOU AND THE COMPANY AGREE OTHERWISE, THE ARBITRATION WILL BE CONDUCTED IN THE COUNTY WHERE YOU RESIDE. ARBITRATION FEES. EACH PARTY WILL BE RESPONSIBLE FOR PAYING ANY AAA FILING, ADMINISTRATIVE AND ARBITRATOR FEES IN ACCORDANCE WITH AAA RULES, EXCEPT THAT THE COMPANY WILL PAY FOR YOUR REASONABLE FILING, ADMINISTRATIVE, AND ARBITRATOR FEES IF YOUR CLAIM FOR DAMAGES DOES NOT EXCEED $5,000 AND IS NON-FRIVOLOUS (AS MEASURED BY THE STANDARDS SET FORTH IN FEDERAL RULE OF CIVIL PROCEDURE 11(B)).

ARBITRATION AWARD

THE AWARD RENDERED BY THE ARBITRATOR SHALL INCLUDE COSTS OF ARBITRATION, REASONABLE ATTORNEYS’ FEES AND REASONABLE COSTS FOR EXPERT AND OTHER WITNESSES, AND ANY JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION.

INJUNCTIVE RELIEF

NOTHING IN THIS SECTION SHALL PREVENT EITHER PARTY FROM SEEKING INJUNCTIVE OR OTHER EQUITABLE RELIEF FROM THE COURTS FOR MATTERS RELATED TO DATA SECURITY, INTELLECTUAL PROPERTY OR UNAUTHORIZED ACCESS TO THE SERVICE.

CLASS ACTIONS

ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS.

WAIVER OF JURY TRIAL

YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

GOVERNING LAW

THIS AGREEMENT WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE UNITED KINGDOM, WITHOUT REGARD TO ITS CONFLICT OF LAWS RULES. FEEDBACK. WE WELCOME ANY COMMENTS, QUESTIONS AND FEEDBACK. PLEASE DIRECT YOUR COMMUNICATION TO INFO@VIAPOLLS.COM.

CHANGES TO THE POLICY

THE COMPANY RESERVES THE RIGHT AMEND THE POLICY. PLEASE CHECK BACK REGULARLY TO SEE UPDATES TO THE POLICY. YOUR CONTINUED USE OF THE WEBSITE AND SERVICES FOLLOWING UPDATES TO THE POLICY INDICATES YOUR ACCEPTANCE OF SUCH UPDATES.

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