1) Acceptance of Terms
Please read the Terms of Use carefully before using the services or content of this
website. By using any part of the site or any content or services on the site, you
agree to become bound by these Terms of Use. If you do not agree with any of the
below mentioned Terms of Use, then you may not access the site or use any of the
content or services provided. The below Terms of Use include WhatPoll’s conditions
for suitable use of the services and content of the website, which also outlines
your obligations and restrictions when using the services and content provided by
WhatPoll. WhatPoll may make changes to the Terms of Use at anytime, without prior
warning. You understand and agree that if you access the content or services of
this website after the date on which the updates are made you are still bound by,
and accept the amended terms. Therefore in order to comply with these conditions,
you should on a regular basis, review the Terms of Use for updates
2) Links
Any links to third party websites located on this Website are provided for your
convenience only. We have not reviewed each third party website and have no responsibility
for such third party websites or their content. We do not endorse the third party
websites or make representations about them or any material contained in them. If
you choose to access a third party website linked to from this Website, it is at
your own risk.
If you would like to link to this Website, you may only do so on the basis that
you link to, but do not replicate, any page on this Website, and subject to the
following conditions:
- you do not in any way imply that we are endorsing any services or products unless
this has been specifically agreed with us;
- you do not misrepresent your relationship with us or present any false information
about us;
- you do not link from a website that is not owned by you; and
- your website does not contain content that is offensive, controversial, infringes
any intellectual property rights or other rights of any other person or does not
comply in any way with international law.
If you choose to link to our website in breach of the Terms of Use you shall fully
indemnify us for any loss or damage suffered as a result of your actions.
3) WhatPoll accounts
To access some features and services of the website, you will need to create a Whatpoll
account. When creating your account, you are required to provide accurate and complete
information. Failure to do this will constitute a violation of these Terms of Use,
which has the possibility to result in the immediate termination of your WhatPoll
account.
You may not A) choose a WhatPoll Username that is a name of another person with
the intent to impersonate that person, or B) use as a WhatPoll Username a name subject
to any rights of a person other than you without the appropriate authorisation;
or C) use as a WhatPoll Username a name that is deemed racist, vulgar of obscene.
WhatPoll reserves the right, but not the obligation to refuse the registration of,
or delete a WhatPoll user account without prior notice. It is your responsibility
to keep your WhatPoll account password secure and confidential at all times. If
you are aware a breach of security or unauthorised use of your WhatPoll account
has occurred, you must notify WhatPoll immediately. You agree that you will be the
sole user of any WharPoll account, and that you are solely responsible for all activity
that occurs under your WhatPoll account.
Access to the website is restricted to individuals who are a minimum 13 years old,
and to those who are using the website on their own behalf or as an authorised employee
or representative of a company. If you do not qualify with the above mentioned criteria,
do not use the services on this website.
4) General Terms of Use
WhatPoll services may include, but not be limited to, any service or content that
WhatPoll provides to you, including, but not limited to images, photographs, information,
messages, audio clips, video clips, illustrations, pictures, data, graphics, sounds,
scripts and user comments. WhatPoll may amend, suspend or cancel the services provided
to for any reason, at any time, without prior notice or warning. WhatPoll may also
restrict your access to parts or all of the services without prior notice or liability.
WhatPoll grants you permission to access and use the full services of the website,
as stated above, with subject to the following express conditions. You agree and
understand that your failure to comply with any of these strict conditions shall
constitute a breach of these Terms of Use on your part, and may result, but not
limited to, the termination of your WhatPoll account.
- you agree not to change or modify any part of the website.
- you agree not to distribute any of the content of services of the website in any
medium without WhatPoll's prior written authorisation.
- you agree not to solicit, in any medium, for commercial or private purposes, any
users of the website in relation to their user submissions.
- you agree not to, or attempt to, disable or interfere with any of the security related
features of the website , that may include, but not limited to (i) restricting the
use or of any user submissions, or (ii) impose limitations on use of the website
or the content accessible on the website to other internet users.
WhatPoll reserves the right to delete at any time, for any reason, without prior
notice, any WhatPoll user account or user submissions.
5) User conduct
As another condition of use, you agree not to use the services or content provided
for any purpose that is unlawful or prohibited under these Terms of Use. As an example,
but not as a limitation, you agree not to use the website in order;
- to communicate or transmit, any communication or solicitation created or intended
to obtain personal details, that may include, but not be limited to password, account,
or private information from any WhatPoll user;
- to abuse, harass, threaten, impersonate, intimidate or persecute other WhatPoll
users;
- to upload, communicate or transmit, any content that is libelous, defamatory, obscene,
pornographic, racist, abusive, offensive, profane, vulgar, anti-social or otherwise
violates any law or right of any person or third party;
- to create, submit or distribute unwanted email to any other WhatPoll users.
- to violate any local or international laws, including but not limited to copyright
laws;
- to submit comments or narrative linking to affiliated applications, marketing schemes,
web logs, or off-topic content;
- to pursue any illegal or unauthorized purpose. You agree to comply with all local
laws with relation to online conduct, social etiquette and acceptable content;
- to attempt to, and impersonate another user, person or third party.;
- sell or otherwise transfer your profile to any person or third party.
- to access the website for a purpose of artificially inflating or modifying the poll
votes, comments, or any other WhatPoll service or content, including, but not limited
to creating numerous user accounts for with the intention of artificially modifying
WhatPoll’s services; providing or receiving money or other form of remuneration
in exchange for votes; or participating in any activity or other form of organized
effort, that in any way artificially alters WhatPoll’s services;
- to advertise or solicit to any WhatPoll user to buy or sell any products or services.
It is also a violation of these Terms of Use to use any information obtained from
the website with the purpose to contact, communicate, advertise or sell to any user
without their prior explicit written consent;
- You are solely responsible for your account and the interactions and relationships
with other WhatPoll users. WhatPoll reserves the right, but is not obliged to, to
become involved in any way with disputes or disagreements between you and other
WhatPoll users.
6) Content of User Submissions
Please choose carefully the content you post or upload on or through the WhatPoll
website. You may not upload anything that is deemed by WhatPoll to be prohibited
content, as outlined below. In order to use the services of WhatPoll, you agree
to and understand the following.
- You agree that you will not upload or post any content or user submissions that
are subject to any third party or individual proprietary rights, unless you have
a formal licence or permission to do so from that said rightful owner to post the
proposed material in question.
- You understand and agree that you are solely and completely responsible for your
own actions on the website and your own user submissions and the consequences of
posting or uploading them. WhatPoll does not endorse or commend any user submission
or any opinion, recommendation, or advice expressed therein, and WhatPoll categorically
disclaims any and all liability in connection with user submissions.
- WhatPoll reserves the right, but has no obligation to, to judge whether the user
submissions uploaded by you comply with the content requirements set out in these
Terms of Use, and may remove any such user submissions and/or terminate your WhatPoll
account without any prior notice and at its sole discretion, with no reason or justification
being required to be provided to you.
- You agree that you will not post or upload any content which is illegal for you
to possess or distribute in the country in which you currently reside, or what would
be illegal for WhatPoll to use, distribute or possess in relation with the provision
of the services or content.
- You further understand and acknowledge that in using the website and the services,
you may be exposed to user submissions that are obscene, offensive, indecent, factually
incorrect and misleading, or otherwise objectionable to you. You agree to waive,
and hereby do waive, any legal, liable or equitable rights you have or may have
against WhatPoll with regard to any user submissions.
- You confirm and warrant that you have, and will continue to have, all applicable
rights, licenses, consents, and permissions which are required to enable WhatPoll
to use your user submissions for the purposes of inclusion of the services provided
by WhatPoll, and in addition to use your user submissions in the conditions defined
by these Terms of Use.
- The services or content of the website may not be downloaded, duplicated, copied,
distributed, reproduced, transmitted, broadcast, sold, displayed, transferred, licensed,
solicited or otherwise exploited for any other purpose whatsoever without the prior
written consent of WhatPoll.
- With the exception of user submissions and user uploaded content, all other content
and services on the website including, but without limitation to, the text, graphics,
photos, script, software, sounds, audio clips, music, video clips, logos, graphics,
narrative and interactive features on the website is either owned by or licensed
to WhatPoll, and is subject to copyright, trade mark rights, and other relevant
intellectual property rights of WhatPoll or WhatPoll's licensors. All third party
trademarks or service marks displayed on the WhatPoll website are the trade or service
marks of their respective owners.
7) Licence
Whenever you use the services of WhatPoll, you grant in relation to user submissions,
to WhatPoll, a global, royalty-free, non-exclusive transferable licence, and to
use, distribute, reproduce, modify, display and produce derivative works of the
said user submissions in any media formats and through any media channels or other
chosen medium. Whenever you use the services of WhatPoll, you grant in relation
to every user of WhatPoll, a global, royalty-free, non-exclusive licence to access
your user submissions through WhatPoll, and to distribute, reproduce, modify, display,
and prepare derivative works of, such user submissions.
8) Indemnity
You will indemnify WhatPoll, and its affiliates and customers, from any liability,
damage , charge and any costs that occur as a result of your use of the website.
This may include, but not be limited to, any claim or demand from any third party
as a result of your breach of the Terms of Use, or infringement by you over intellectual
property rights. We take all reasonable steps to ensure the website is available
24 hours a day, 365 days per year. However, websites do sometimes encounter downtime
due to server and, other technical issues. Therefore we will not be liable if this
website is unavailable at any time. Where possible we will try to give our users
advance warning of maintenance issues but shall not be obliged to do so.