pplVoice.com is a community-based service that allows users to create and interact with polls and content ("Service"). These Terms of Service are an integral part of pplVoice.com and govern using any content, services, technology or other pplVoice.com functionality that resides on pplVoice.com, or a pplVoice.com partner site. We hope you enjoy being a member of pplVoice and that you will gain value from participating in the pplVoice community.
By using the Service, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules applicable to this Site and any pplVoice.com partner site. All such guidelines and rules are hereby incorporated by reference into the Terms and Conditions.
PPLVOICE.COM TERMS OF SERVICE
PLEASE READ AND REVIEW THESE TERMS AND CONDITIONS OF SERVICE ("Agreement") CAREFULLY BEFORE USING THE PPLVOICE.COM WEBSITE OR ANY WEBSITE POWERED BY PPLVOICE.COM (the "Sites"). The domain and site, pplVoice.com, is controlled and operated by pplVoice.com, ("pplVoice", "we", or "us") development team. Use of the Services is subject to compliance with these Terms and Conditions. You acknowledge and agree that pplVoice may terminate your access to pplVoice.com or other Sites should you fail to comply with the Terms and Conditions or any other guidelines and rules published by pplVoice. Any such termination shall be in pplVoice's sole discretion and may occur without prior notice, or any notice. pplVoice further reserves the right to terminate any user's access to pplVoice.com or other Sites for any conduct that pplVoice, in its sole discretion, believes is or may be directly or indirectly harmful to other users, the community and social aspects of pplVoice, to pplVoice or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. pplVoice further reserves the right to terminate any user's access to pplVoice or Sites or its Service for any reason or for no reason at all, in pplVoice's sole discretion, without prior notice, or any notice.
By accessing and using this Site, located at http://www.pplvoice.com/, or any site powered by pplVoice, you are hereby agreeing to be legally bound by this Agreement. This Site is restricted ONLY TO USERS OVER THIRTEEN (13) YEARS OF AGE. ANY SITE REGISTRANT BETWEEN THE AGES OF 13 AND 18 MUST HAVE A PARENT OR LEGAL GUARDIAN ASSIST IN THE COMPLETION OF THE REGISTRATION. By completing the registration process for this Site, you represent and certify that you are a minimum of thirteen (13) years of age, and can and will be legally bound by this Agreement. Inputting an incorrect birth date is grounds for immediate account termination. If for any reason you do not agree with all of the following terms and conditions, please immediately discontinue use of this Site. pplVoice reserves the right, at its sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Changes and/or modifications shall immediately become effective upon the posting thereof. Please review this Agreement to keep yourself apprised of any changes. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions.
pplVoice.com is a User Generated Content site and network. Accordingly, the vast majority of the content on the pplVoice.com site and on the network of sites powered by pplVoice.com does not represent the views of pplVoice.com and pplVoice.com is not accountable for the content.
You may access or obtain unique services, products, information, and community offerings ("Services") provided by pplVoice through pplVoice.com as a service to the Internet community, as offered on our Site. pplVoice is a social and community quiz service that allows users to create content around the topics that interest them and to interact with others around this content. Such interactions include soliciting and collecting other users' opinions and input on a broad array of subjects. The pplVoice community is based on openness and connections between users. Some features and functionality require registration; however, much of Site can be used without registering. In order to help users create, review and respond to content we collect and maintain information about each user and piece of content as well as its relationship to the network and other users. pplVoice is a user-driven service, and as such, all information that is aggregated and displayed should be reviewed under such light and is presented on an "as-is" basis without warranties to accuracy or completeness.
pplVoice intends to foster an open forum for the inquiry and exchange of information. Much of the content or information available on pplVoice is created by our users. pplVoice in no way warrants or guarantees the quality, veracity, value, or appropriateness of any of the information or content created by or for our users, sponsors, or affiliates. Additionally, none of the poll-related content on our Site can be assumed to reflect the beliefs, values, or intentions of pplVoice. pplVoice does, however, retain the right to edit, delete, modify, or alter inn any way information or content posted on its Site at its sole discretion. Additionally, pplVoice retains the right to re-use, copy, and/or reproduce any information or content posted on its Site.
CONSENT TO ELECTRONIC COMMUNICATIONS AND EMAIL SOLICITATION
CONDUCT OF PPLVOICE.COM USERS
The following is a partial list of the kind of Content that is illegal or prohibited on the Site. Without limitation, pplVoice reserves the right to investigate and to take appropriate legal action in its sole discretion against anyone who violates these guidelines, including without limitation, removing the offending content or communication from the Service and terminating the membership of such violators. It includes content and actions that:
- promote racism, bigotry, hatred or physical harm of any kind against any group or individual or are patently offensive to the online community;
- harass, or incite harassment of, another person or group;
- involve harassment and the transmission of "spam", unsolicited mass emailing, unsolicited mass contact and chain letters; or that abuse pplVoice's communication tools.
- misrepresent your identity or personal characteristics, or impersonate another individual.
- misrepresent your true opinions in a way that does not accurately reflect you;
- interfere with any other person's use of the Service.
- promote information that you know is false or misleading; or promote illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promote an illegal, unauthorized or plagiarized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- display pornographic or sexually explicit material of any kind;
- provide material that exploits people under the age of 18 in a sexual or violent manner, or solicit personal information from anyone under 18;
- provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicit passwords or personal identifying information for commercial or unlawful purposes from other users;
- seek to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- contain restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- engage in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
You shall not engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Services or the pplVoice website. In particular, you shall not:
- use any portion of the pplVoice website or the Services for any unlawful purpose;
- hold yourself out as sponsored by, endorsed by, or affiliated with the pplVoice site;
- list the email addresses of people unknown to you;
- list as referrals any email addresses that are fake, fictitious, or made up;
- attempt to gain unauthorized access to pplVoice's database or other computer systems;
- attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by pplVoice in connection with the pplVoice website or the Services.
All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of pplVoice.
POLLS/WALL MESSAGES/MESSAGE BOARDS
To the extent that portions of this Site provide users an opportunity to post and exchange information, ideas and opinions (the "Postings"), please be advised that Postings do not necessarily reflect the views of pplVoice. In no event shall pplVoice assume or have any responsibility or liability for any Postings or for any claims, damages or losses resulting from their use and/or appearance on this Site. You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all information they contain and that such Postings shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information. You hereby authorize pplVoice to use, and authorize others to use, your Postings in whole or in part, throughout the universe in perpetuity in any and all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature. Without limiting the foregoing, pplVoice will have the right to use and change the Postings in any manner that pplVoice may determine. Additionally, pplVoice may sweep its quizzes, chatrooms and/or message boards periodically in its sole discretion. pplVoice does not allow Postings which contain:
- private or personal information which might identify another user or non-user;
- any unlawful material or material that infringes upon another's intellectual property rights;
- other information that pplVoice deems in its sole discretion to be inappropriate for this Site.
Although pplVoice periodically monitors the content posted on this Site, we cannot be responsible for the views or opinions expressed by third parties. Nonetheless, pplVoice will make every effort to ensure that the polls/chatrooms/message boards best serve the interests of all users and, therefore, pplVoice reserves the right to edit, delete, or refuse to post messages that violate the above-referenced rules, as well as revoke the privileges of users who do not comply with such rules.
NON COMMERCIAL USE BY MEMBERS
The Site is for the personal use of individual Users only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become members and should not use the Service or the Site for any purpose. Illegal and/or unauthorized uses of the Site, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
TRADEMARKS AND SERVICE MARKS
pplVoice, pplVoice.com, and the pplVoice logo are either trademarks, service marks or registered trademarks of pplVoice, and the Products and Services described or offered in this Site are either the trademarks, service marks or registered trademarks of pplVoice, its suppliers, licensors, or affiliates, and may not be copied, imitated or used, in whole or in part, without pplVoice's prior written permission or that of our suppliers or licensors. Other product and company names may be trade or service marks of their respective owners.
PROPRIETARY RIGHTS AND COPYRIGHT
pplVoice and its licensors have expended substantial time, effort, and funds to create pplVoice and its Services. All Site software, design, text, information, data, databases, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements, the selection and arrangements thereof, and other content (collectively, the "Content") are the property of pplVoice and/or its subsidiaries, affiliates, assigns, licensors or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws.
All elements of Content on this Site are either Copyright 2010 pplVoice, or are the proprietary property of pplVoice's suppliers, affiliates or licensors. No copyrighted material or other Content may be reproduced, modified, used to create derivative works, displayed, performed, published, distributed, disseminated, broadcasted or circulated to any third party (including, without limitation, the display and distribution of the Content via a third party website or other networked computer environment) in ways other than those expressly enabled by pplVoice without the express prior written consent of pplVoice. Use of pplVoice and/or its licensors' Content is only permitted with their express written permission. All rights reserved. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide pplVoice's copyright agent the written information specified below. (1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) A description of the copyrighted work that you claim has been infringed upon;(3) A description of where the material that you claim is infringing is located on the site; (4) Your address, telephone number, and email address; (5) A 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; (6) A 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. Notice of claims of copyright infringement on its site can be reached as follows: Copyright Agent via email at email@example.com.
DISCLAIMER OF WARRANTIES
THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS", WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, PPLVOICE DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, PPLVOICE DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE PRODUCTS AND SERVICES OR THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. PPLVOICE SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PRODUCTS AND SERVICES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PPLVOICE DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE PRODUCTS AND SERVICES. PPLVOICE DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. PPLVOICE DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. PPLVOICE MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF MEMBER WEB PAGES OR ANY STORAGE FACILITIES OFFERED BY PPLVOICE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL PPLVOICE OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF PPLVOICE OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES, FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS AND SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCTS AND SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE PPLVOICE NETWORK. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF MEMBER WEB PAGES OR OTHER CONTENT STORED THROUGHOUT THE PPLVOICE NETWORK.
UNDER NO CIRCUMSTANCES SHALL PPLVOICE OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
INDEMNITY AND RELEASE
By using pplVoice you agree to indemnify pplVoice.com and affiliated Sites, and its parents, subsidiaries, affiliates, officers, employees, and licensors, and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from your use of pplVoice.com and affiliates Sites, your use of the Services, or your submission of ideas and/or related materials to pplVoice.com or from any person's use of any account or password you maintain with any portion of pplVoice.com, regardless of whether such use is authorized by you. By using pplVoice.com and affiliated Sites, using the Services, or submitting any ideas and/or related materials to pplVoice.com, you are hereby agreeing to release pplVoice.com and affiliated Sites, and its parents, subsidiaries, affiliates, officers, employees, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Products and Services or to any disputes regarding use of ideas and/or related materials submitted to pplVoice.com. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
LIMITATION OF ACTIONS
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of pplVoice.com or affiliated sites or the Products and Services must be filed in the state of Massachusetts.
ARBITRATION, GOVERNING LAW AND FORUM FOR DISPUTES
Unless expressly stated to the contrary elsewhere within the Products and Services, all legal issues arising from or related to the use of the Products and Services shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the Commonwealth of Massachusetts applicable to contracts entered into and wholly to be performed within said state. Any controversy or claim arising out of or relating to these Terms and Conditions or any user's use of the Products and Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Boston, Massachusetts, and judgment on the arbitration award may be entered into in any state or federal court in Massachusetts having jurisdiction thereof. Any party seeking temporary or preliminary injunctive relief may do so in any state or federal court in Massachusetts having jurisdiction thereof. Except as set forth above, the state and federal courts of Massachusetts shall be the exclusive forum and venue to resolve disputes arising out of or relating to these Terms and Conditions or any user's use of the Products and Services. By using the Products and Services and thereby agreeing to these Terms and Conditions, users consent to personal jurisdiction and venue in the state and federal courts in Massachusetts with respect to all such disputes.
No software from this Site may be downloaded, exported or re-exported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions.
This Agreement contains the entire understanding and supersedes all prior understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. If any provision of this Agreement is found to be illegal or unenforceable, the Agreement will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect. This Agreement and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the Laws of the State of Massachusetts applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws), and jurisdiction for any court action in the State of Massachusetts.
TERMS OF SERVICE LAST UPDATE:
This policy was last updated on Wednesday, June 16, 2010