|
15 February 2011
Terms of use Global Poll
www.global-poll.com (“Website”) is a website of FlexMind, registered office in Heiloo, Chamber of commerce registration number 37163098 ("Global Poll”). The following Terms of Use govern the use of this website and Global Poll’s service, titled Global Poll. The user of the Website (“User”) agrees to the Terms of Use when he commences using this Website.
1. Global Poll’s service
1.1 Global Poll is aiming to be a barometer of collected opinions, views and statements. This is to be achieved by enabling users to vote on questions or propositions (“Polls”) within a broad range of topics.
1.2 Global Poll also offers users a platform to create Polls themselves and to vote and comment on the Polls. In order to create Polls and to comment on these, registration is required in accordance with article 2.
1.3 Creating Polls, voting behaviour and comments of users are not regulated by Global Poll with regards to the content. This means that Global Poll has no control with regards to such communication content. Global Poll shall not be liable for acts or omissions of its users, including the information made available on the website by users. This also means that Global Poll cannot be held responsible for the quality, safety, lawfulness or correctness of this information.
2. Registration
2.2 The User guarantees the information provided to Global Poll is correct and complete. By creating a profile, user agrees the data will be saved and used as described in Global Poll’s Privacy Statement.
2.3 The User shall be obliged to save the profile password in a secure area and to maintain the confidentiality of the password.
2.4 Registration and creating a profile requires permission of parents or guardian as far as the User is under 16. By accepting these Terms of Use User guarantees he is 16 years old or above or that his parents or guardian granted permission.
2.5 It is not allowed to create a profile of or for another person, unless this person has granted permission to do so.
2.6 User shall be obliged to inform Global Poll immediately in the event of security violation or improper use of the profile User is informed about.
2.7 User agrees that he shall be solely responsible (towards Global Poll and third parties) for any activity occurring with his profile, performed by him or others.
3. General limitations of use
3.1 Global Poll gives User permission to use the Website under the conditions as stated below.
3.2 Without Global Poll’s prior written permission it is not allowed to distribute part or parts of the Website on any type of medium whatsoever, including the content.
3.3 Without Global Poll’s prior written permission it is not allowed to copy, display, sell, license or exploit otherwise parts or the content of the Website.
3.4 Without Global Poll’s prior written permission displaying advertisements, sponsor activities or promotions on the Website is not allowed.
3.5 The User agrees that without prior notice Global Poll may change the form, content and/ or character of the Website, remove information of the User, and stop the use of the Website temporarily or permanently.
3.6 The User guarantees he will not perform activities within the framework of Global Poll:
- that are untrue or incorrect and/ or are misleading;
- that are discriminating regarding appearances, race, religion, gender, culture, origin or that are in any other way offensive;
III. that incite to violence and/ or pestering others or encourage committing illegal activities;
- that are according to Global Poll’s opinion contrary to accepted principles of morality or good taste, are violent or contain links to pornographic or erotic material;
- that infringes Global Poll’s or third party’s rights, such as (however not exclusively) rights deriving from an agreement, intellectual property rights (such as copyrights and trademark rights) and rights with regards to the protection of privacy;
- that contravene with the Terms of Use;
- that contravene with any law, order, regulation or other applicable legislation;
- that contain viruses or other technology such as trojan horses, bots, worms or other software that may (for example) damage, put out of order or make unavailable or may erase automatic works or data and/ or that may by-pass technical protection measures of Global Poll’s Website and/ or computer systems;
- with a commercial character, unless Global Poll granted permission in writing for such activities;
3.7 The User shall indemnify Global Poll for any damage Global Poll suffers with regards to any failure of the User to perform under the Terms of Use.
4. Stopping the use
4.1 Global Poll reserves the right, in its sole discretion, without giving a reason and without prior notice, to close or remove the User’s Profile and/ or to temporarily or permanently refuse access to the Website, without becoming financially liable relating to that.
4.2 Global Poll does not guarantee the Website being permanently accessible, without interruptions or interferences.
5. Intellectual property rights
5.1 Global Poll contains data covered by intellectual property rights (such as copyrights and trademark rights) of Global Poll and others. Without Global Poll’s or the concerning party’s permission, User is expressly not permitted to download, copy, change, publish or to use files, data and other information on the Website directly or indirectly for commercial purposes or any other purpose.
5.2 By providing data, files and other information to or on Global Poll the User agrees that he automatically grants a licence to Global Poll free of charge, unencumbered, worldwide and sub-licensable in order to use, multiply, distribute and publish this information for its own purposes. The User guarantees Global Poll that he is full owner of the data and files and other information provided to or on Global Poll and that he is fully qualified and authorized to grant the licence referred to in this Terms of Use. The User shall fully indemnify Global Poll and all its affiliate companies and persons against any third-party claims based on the allegation that cited information violates any (intellectual property) rights of third parties or that are in any other way unlawful towards third parties.
6. Privacy
6.1 Global Poll´s Privacy Statement governs the use of the Website. By using the Website the User agrees to be bound by the Privacy Statement.
7. Third party´s information
7.1 This Website contains third party’s information and/ or links to third party’s websites (“third party’s information”). Acceptance or presence of third party’s information on the Website does not imply Global Poll has approved or checked this information. This means Global Poll shall not be held responsible or liable for third party’s information or any use of that information by the User.
8. Liability
8.1 Global Poll shall not be liable for any damage resulting from attributable failure to perform its obligations under the agreement, including, for example, damage resulting from or in connection with the use of the Website or the impossibility to use the Website and/ or any other related services of Global Poll or wrongful acts or otherwise.
8.2 The entire liability of Global Poll shall in all events be limited to the fee (excluding VAT) actually paid by the User in the current calendar year.
8.3 Global Poll shall in no event be liable for damage not directly and immediately resulting from Global Poll’s acts or omissions. This means, for example, Global Poll shall not be liable for consequential damage, including pure material loss, loss of profit or turnover, loss of data, immaterial damage and interruption damage, this as a result of or in the widest sense connected to services delivered by Global Poll.
8.4 Such limitation of liability is only applicable insofar as not precluded by mandatory rules of law and caused by fault or negligence on Global Poll’s part.
9. Other provisions
9.1The entire legal agreement between the User and Global Poll is formed by the Terms of Use and replaces all previous relating arrangements or agreements between parties.
9.2 Global Poll reserves the right to amend the Terms of Use at any time. The most recent Terms of Use are available on the Website. By continuing to use the Website after such amendment or amendments, the User accepts these.
9.3 Not invoking on any provisions of the Terms of Use or departing from those Terms of Use by Global Poll shall not result in Global Poll not being able to invoke on the Terms of Use in future cases.
9.4 If any of the provisions of these Terms of Use are null or void, the other provisions shall remain unaffected without prejudice.
9.5 These Terms of Use shall be governed by the laws of the
© Globalpoll 2010