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YouPOLL App Terms of Service

Terms of use

The Terms of Service ("Terms") given herein govern your access to and use of the services, websites, and applications offered by YouPOLL App (the "Service"). You can access and use the Service only if you accept and comply with these Terms.

Please read these terms, as they constitute a binding legal agreement between you and YouPOLL App and its Parent Company Members Of Us LLC. By downloading or installing the app or otherwise accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by the Terms, the privacy policy and the “how YouPOLL App works” section without modification. If you are not in agreement with these terms, then you may not use the Service. By using the Service you signify that you are of legal age to form a binding contract. It may be noted that the Service may be changed without prior notice. It also may be possible that the Service might be stopped or some features of the Service may be withdrawn from you or users in general. We also may create usage limits for the Service. Under any of the above circumstances YouPOLL App and its parent company Members Of Us LLC.shall not be held liable.

 

 

Eligibility to use the Service

The use of the Service is conditional. It may be used only if you can form a binding contract with YouPOLL App, and only if you conform to these Terms and all applicable local, state, national, and international laws, rules and regulations. It is essential that accurate, current and complete information, including year of birth is provided to us, when an account is created on YouPOLL App. You agree that you will ensure that this information is kept accurate and up–to–date at all times. You may not use the Service if you are not of legal age to form a binding contract with YouPOLL app or you are a person barred from using the Service under the laws of the republic of Ireland or other countries including the country in which you are resident or from which you use the Service. Subject to applicable law, YouPOLL App may refuse to offer the Service to any person or entity and change its eligibility criteria at any time.

 

 

Rules and Regulations

By installing and using this service you agree to abide to the following rules and regulations. Failure to abide by these rules may lead YouPOLL App to take action we deem necessary to protect the integrity of the Service.

The unique voting process in YouPOLL makes it the ideal tool for conducting elections. The App allows you to create only one personal account on one device to represent you as an individual. Therefore your vote, just like any vote recorded on the service, represents one individual. Your username cannot be changed and hence this is your permanent identity on the service. Aside from your personal account,  the service allows for the creation of a second business account which does not have voting privileges but is designed with enhanced features for creating content like keeping the results of your poll private. Business logins are also advertisement free. The creation of multiple accounts on one or more devices, by one individual using the service, for purposes of skewing voting results or attempting to fraudulently vote multiple times on polls and surveys with monetary gains attached(cashpolls) is prohibited. We will investigate any such actions and take necessary steps including barring you from the service and instigating legal proceedings as deemed necessary. Several other safeguards are in place to dissuade such fraudulent use and hence we strongly discourage you from such actions

The following uses of the Service are also strictly prohibited:

Ø   using the Service to violate any applicable law. This is inclusive of any intellectual property laws, right of privacy or publicity laws, and any laws outside the jurisdiction of Ireland that may be applicable to you. It also encompasses any contractual or other legal obligations that you may be under;

Ø   using the Service for any unlawful purposes or for promoting illegal activities;

Ø   using the Service to create incorrect, misleading, or deceptive impression.  This also covers impersonating others or misrepresenting your affiliation with a person or entity;

Ø   publishing or posting other people's private or personally identifiable information without their consent and authorization;

Ø  Posting content that is vicious, abusive, insulting, threatening, violent, profane, unlawful, and invasive of any person's privacy, harassing, defamatory, libellous, false, fraudulent, deceptive, misleading, obscene, and offensive, contains sexually explicit materials, or otherwise deemed inappropriate at the sole discretion of YouPOLL App.  Any content that contains nudity or pornography, or is otherwise objectionable is firmly restricted; 

Ø    using the Service to send unsolicited commercial bulk mail or junk mail;

Ø   publishing content to malign anyone or linking anyone to malicious content  with the intention of damaging another user's mobile device, browser or computer or to disrupt a user's privacy;

Ø   gaining access or meddling  with non-public areas of the Service, YouPOLL App or Zenia technology’s computer systems, or the technical delivery systems of YouPOLL App’s providers;

Ø   investigating, examining or scrutinizing the vulnerability of any system or network or violating or avoiding any security or authentication measures;

Ø   accessing or exploring or attempting to access or probe the Service by any means (automated or otherwise) except those that are currently available or interfaces that are provided by YouPOLL App in compliance with the terms and conditions mentioned therein. YouPOLL App has a specific policy that grants permission under a separate agreement to crawl the Service in accordance with these Terms and Conditions, but scraping the Service without the prior approval of YouPOLL App is strictly restricted;

Ø   any type of forging such as altering the TCP/IP packet header or any part of the header information in any email or posting, or using the Service to send  misleading, ambiguous or distorted source-identifying information;

Ø   obstructing, hampering, (or attempting to do so) the access of any user, host or network.

Ø   all activities without limitation such as sending a virus, overloading, flooding, spamming, mail-bombing the Service are rigorously prohibited.  These may also include scripting the creation of Content in such a way that obstructs the working of the Service or creates an unnecessary strain on the Service.

Any actual or suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities.

YouPOLL App strictly prohibits copyright infringing activities on the Service and reserves the right to terminate access to the Service and remove all content submitted by any persons found infringing third party copyrights.

 As you will be responsible for all activities that occur under your account, you should keep your password strictly confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your mobile device, and you agree to accept responsibility for all activities that occur under your account.

 

CashPOLL and Sponsored POLL’s

You accumulate 1 poll point each time you vote on a poll or answer all of a survey questions.

To sponsor a poll, after creating your poll and adding the options, youu proceed to the sendPOLL page and tap sponsor poll to. Then you can select the age range, gender, location and occupation of the users you would like to participate in your poll/survey.The next step is to select the number of respondents required. All you have to do now is use your accumulated poll points to sponsor your poll/survey or pay a fee or augment your poll points with this fee to sponsor to more users. Currently to sponsor a poll to 1 unique user requires 10 poll points or 1 cent.Only your targeted demographic will be notified of your poll/survey in their sponsored inbox but other users browsing your myPOLLS page will NOT have voting access to your sponsored poll/survey. You also have a choice to hide your sponsored poll/survey in your profile, send it anonymously and hide the results from voters (business login only). Kindly note that responses to your sponsored polls are not guaranteed by us.

You can ensure that your poll/surveys are answered quickly by making cash offers for responses. You can offer 10cents to $99.90 to any number of users. The process is easy to follow. When you arrive at the sendPOLL page just tap “offer cash to users for poll response”, then you can select the amount of cash to be attached to a poll/survey. And lastly enter the number of users that can claim the cash reward. You then proceed to the payments page handled by Stripe and pay the amount you are offering + a 5% processing fee. After posting the poll a cash icon appears next to the poll/survey and when the user votes on your poll or all survey questions he or she is credited the cash and this information is recorded in their cashpoints tab.

You can Repost a survey with cash attached to more users; but if you add more cash to that survey you will overwrite your initial cash offer and the users who have already voted will be unable to redeem the new cash offer. So if you have a poll with 10 votes and repost it and offer cash to 20 users the original 10 voters will be unable to redeem this cash and the cash offer will expire when you reach 20 votes total.

The cashpoints tab also keeps a record of some of your other in-app transactions such as sponsoring polls and offering cash rewards for polls/surveys. 

Claiming your cash is effortless. You can easily do so anytime through PayPal. But you have to wait until you earn over €5.

Payments are processed only after your PayPal email is verified to your account.  The PayPal account can be setup via settings tab. Make sure you also enter your email here to help you to retrieve lost passwords.

When all the cash attached to a poll/survey is claimed then the cash icon is marked with an ‘X’. It indicates no attached cash left! 

Users receive cash only when they answer all survey questions, so to ensure your cash reward can be claimed by users, make sure that all your survey questions are relevant to users. For instance you can provide a “not applicable” option wherever required. This will allow users to answer all survey questions.

Kindly note that refunds cannot be processed for unclaimed cash rewards attached to polls/surveys.

 All transactions to sponsor a poll or offer cash to users must be completed taking all precautions. This is important because once the transaction is complete refunding the payments made is not possible. Make certain that you do not navigate back after completion of payment to sponsor a poll or offer cash to users.  If you do so the poll/survey will not be posted even though your payment has been processed and we will be unable to track and refund such payments.  

 

 

Please note that largely to offset the Stripe processing fee when you use the cashPOLL feature whereby you can send polls/surveys with cash rewards attached to other users, we charge a 5% processing fee. Please note that each user still receives the amount you have sent them for responding to your poll and the 5% processing fee is an added extra you pay to cover the transaction cost of this service.  

Please note that the current cost to sponsor a poll/survey to 1 individual of a specific demographic is 1 cent or 10 accumulated poll points. We reserve the right to increase or decrease the fees required for the features described above at any time we believe in good faith to be necessary. We will update our terms to reflect any such changes.

By continuing to use the Service you imply you accept these fees.

Defining User Content

With this Service you the user are able to generate, post and share written text, images, video, audio, graphics, documents or any other material uploaded on the Service. Under these Terms "Content" or “User Content” or “User Postings” refers to any such information uploaded by you or appearing on the Service. . You hold the ownership of all Content that is submitted or posted by you. This also includes any content displayed or made available on the Service.

You acknowledge that YouPOLL App cannot guarantee any anonymity or confidentiality with respect to any User Content (even when the “send anonymously” functionality is used) and it is strongly recommended that you carefully choose your User Postings.

You agree that YouPOLL App does not pre-screen, approve, monitor or control user generated Content. You agree that when using the Service, you will be exposed to Content from multiple sources, and that such content may be inaccurate, offensive, indecent or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against YouPOLL App with respect thereto. Without obligation, we reserve the right at all times to delete, refuse to distribute or publish any Content on the Service we deem inappropriate as per our Terms.

Licence grant to YouPOLL App

When you post, submit or display Content on or through the Service, YouPOLL App, its affiliates, sub licensees, partners, and designees, gets a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sub-licensable and transferable license to use this content. YouPOLL App may copy, reproduce or process such Content. YouPOLL App also gets the right to adapt, modify, reformat, translate, publish, display, transmit and distribute such Content in any and all media. YouPOLL App may use any known or later developed distribution methods for doing so. YouPOLL App also has the right to sublicense its rights to use this Content.

You also acknowledge that this license allows YouPOLL App to make your Content available to others for publication or distribution. The Content can be used for syndication, or broadcast on other media and services, subject to the terms and conditions of YouPOLL App for use of such Content. By using this Service you agree that YouPOLL App or others are not liable to pay any compensation to you for the use of the Content that you submit, post, transmit or otherwise make available through the Service. You also agree to grant each user of the Service a non-exclusive license to access your User Content through the Service and to use it in accordance with this Agreement.

YouPOLL App’s License Grant to You

As per our Terms and Conditions, YouPOLL App gives you a personal, worldwide and royalty-free license to use the Service as it is provided to you by the YouPOLL App. However, these services are revocable, non-assignable and non-exclusive.

The Content or communications posted via the Service may not be accurate, reliable, truthful or complete and YouPOLL neither guarantees nor shall be held reliable or responsible for the above. We do not endorse, support, represent any of the Content on our Service nor endorse any opinions expressed via the Service. You also realize that while using the Service, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate.   YouPOLL App shall not be answerable to users or the law in any way under any circumstances for any Content. YouPOLL App holds no liability for any type of Content inclusive of, but not restricted to, any errors or omissions in any Content.  YouPOLL App shall not be held liable for any loss or damage that might occur as a result of the use of any Content made available via the Service or broadcast elsewhere.

 The user holds complete responsibility for the use of the Service, for any Content provided by them, and for any consequences thereof, including the use of their Content by other users and third party partners. Since YouPOLL App is under license and can republish the Content and in case you do not have the right to submit Content for such use, it may subject you to liability. By posting content to the service you confirm that you have the rights and authority to grant the rights granted herein to such Content.

YouPOLL strictly follows a Privacy Policy but under the following circumstances, we reserve the right to access, read, preserve, and disclose any information, user postings or Content which within reason we believe necessary for: - (i) enforcement of our Terms of use and investigating any potential breaches. (ii)detection, prevention, or addressing fraud, security or technical issues , (iii)request by any applicable law, legal process, regulation, or government request , or (iv) protection of the rights, property or safety of YouPOLL App, its users and the general public.

Without obligation, we reserve the right at all times to delete, refuse to distribute or publish any Content on the Service we deem inappropriate as per our Terms.

 

Proprietary Rights

YouPOLL App and its licensors hold all exclusive intellectual property rights, title, and interest in and to the Service and this shall remain their sole property. This does not include the Content provided by users. There is no provision on the Service that grants any licence or right to use any marks, domain names, logos, and other distinctive brand features without written permission from the YouPOLL App.  This proprietary right shall continue to exist after termination and expiration of these Terms and remain in full force and effect thereafter. You agree that you will not to copy, reverse-engineer decompile, transfer, assign, resell, rent, distribute or use the Service (or any part thereof) other than as expressly permitted by YouPOLL App and its licensors. Any breach of this agreement subjects you to liability and litigation. The Service is protected by copyright and other laws of the Republic of Ireland and foreign countries.

 

 

Compliance with the Digital Millennium Copyright Act

YouPOLL App gives due regards to the individual proprietary rights of others and anticipates similar response from other users of the Service. Keeping in view this copyright policy, all notices that claim copyright violation as per applicable laws and are provided to us properly shall be responded to by us. YouPOLL App works in accordance with the Digital Millennium Copyright Act. If you are of the opinion  that your Content has been copied in a way that amounts to copyright infringement, kindly provide our copyright agent with the following information as required by the Digital Millennium Copyright Act: (i) a physical or electronic signature of the copyright owner or those of a person who is permitted to act on their behalf; (ii) identification of the work owned exclusively by the claimant and alleged to have been meddled; (iii) description of the material that is asserted to be infringing or to be the subject of any such activity and that is to be deleted or access to which is to be restricted, and all the required inputs suitably enough to allow us to locate the material; (iv) your contact information, which includes address, telephone number, and email-id ; (v) a statement by you that you are certain that the material in question has not been at any point of time been authorized to be used in the manner regarding which the complaint  is being made. You must ensure that this authorization has not been given to anyone by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is correct, and, under penalty of perjury, that you are commissioned to act on behalf of the copyright owner.

For any copyright related queries/complaints, you can mail us at worldopinion@youpollapp.com.

You acknowledge that if you fail to comply with all of these requirements, your DMCA notice may not be valid

YouPOLL App retains the right to delete Content that is reported to be breaching copyrights or otherwise illegal without giving prior notice and at our exclusive disposition. Furthermore, YouPOLL App may delete a user's account if the user continues to be a repeat offender. 

 

 

Advertisements

When logged in with your personal account(business accounts are advertisement free) the Service will include promotions , which may be targeted to the Content or information on the Service, inquiries made through the Service, or other relevant information. YouPOLL App may revise the categories and magnitude of advertisements on the Service. In regard to YouPOLL App providing you access to and use of the Service, you acknowledge that YouPOLL App and its third party providers and partners may place such advertising on the Service or in relation to the display of Content or information from the Service whether it is submitted by you or other users.

 

Feedback, comments and Suggestions

We appreciate the feedback, comments and suggestions you provide to YouPOLL App at your discretion. You acknowledge that you are free to do so and that you shall not purposely provide any feedback that infringes upon third parties' proprietary rights. You also acknowledge that any and all rights, including intellectual property rights in such Feedback shall belong exclusively to YouPOLL App.  It is further understood that we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you. 

 

 

 

Links to external websites, PayPal and Stripe.

As a part of YouPOLL APP services, we may provide links to third-party websites or resources. You agree that we cannot be held responsible or be liable for the information, content, products, or services on or available from such websites or resources. Furthermore, we do not guarantee and are not responsible or liable for the availability or accuracy of such websites or resources.  Providing links to such websites or resources does not indicate that YouPOLL App in anyway endorses these websites or resources. You agree that the onus lies totally with the you while using any such websites or resources and you shall assume responsibility for any risks occurring thereof. The cash transactions on YouPOLL App including cash offers and withdrawals are done using Stripe and PayPal both of which are trusted and established payment companies. These cash transactions require you to be taken to the Stripe or PayPal website/App for validations of payments. You understand that all resources, services, content etc of Stripe & PayPal is governed and solely owned by Stripe & PayPal respectively. You expressly relieve us from any and all liability arising from your use of PayPal, Stripe and any third-party website through the Service. You are strongly advised to review the terms of service, privacy policy and all relevant information of PayPal, Stripe and any linked website before accessing such websites.

 

 

 

 

Data and Information provided by YouPOLL App

As part of the development of the service, several safeguards and processes are in place to encourage authentic and honest one time irrevocable voting on polls and surveys by users of the service. The Service aims to provide the best reflection of the opinions of the general public on various topics and issues.  Unfortunately the graphic representations of data such as tables, graphs and curves etc. or any statistical analysis or other results provided as part of the Service should not be taken as an accurate depiction of reality. The predictions posted on YouPOLL App are not guaranteed. Responses to Sponsored polls and surveys cannot be guaranteed. The authenticity of the voters and their demographic data cannot be guaranteed. You accept all risk and responsibility while using or relying on any Content or materials posted via the Service or obtained through the Service. YouPOLL App does .not recommend, support, symbolize or guarantee the completeness, accuracy, authenticity, correctness, or reliability of any Content or communications posted via the Service.

Sensitive Content: The polls/surveys and results archived in the Medicine and Law categories of the Service are provided by some YouPOLL App users who are intended third-party beneficiaries  of this section of the Terms of Use. The results of these Law and Medicine Polls and surveys are for information and entertainment purposes only. Content posted by Users of the Service to the “Medicine” category of the service is not intended to be medical advice or instructions for medical diagnosis and treatment.  Similarly, Content posted by users to the “Law” category is not, under any circumstance, intended to be legal advice. Under no circumstances, shall YouPOLL App or its contributors to the Law and Medicine categories be legally accountable for any damages comprising of, without limitation, random and consequential damages, personal injury / wrongful death, financial loss, or any other damages that may occur due to loss of data or interruption of business. YouPOLL App or its aforementioned Contributors shall also not be answerable for any other damages that may result from the use of or inability to use the Site or the Content, even in case of warranty, agreement, tort, or any other juridical theory. YouPOLL App or its Contributors shall not be legally chargeable even in case they are advised or not of the probability of such damages. Neither YouPOLL App nor the Contributors are legally or otherwise answerable for any personal injury, including death, which may be caused by your use or misuse of the Service or Content.

Warranty, Limitations of liability, Refunds Policy and indemnity

No warranty

The subscribers or users fully understand that they are at their own risk while accessing and using the Service or any Content.  The Service is provided on an "AS IS" and "AS AVAILABLE" basis without any Warranty. To the maximum extent permitted by applicable law YouPOLL App disclaim all liability and responsibility for the preciseness, correctness, integrity, timeliness, availability, fitness for a particular purpose, security or reliability of the Service or any content you download or use by means of the service. In case of any damage to your mobile, loss of data, business or any other fault that may occur from accessing or using the Service or Content therein, it will not be a responsibility or liability of YouPOLL App. You also agree that in case of deletion, omission or failure to save or transmit, any Content or other communications maintained by the service, YouPOLL App will not be responsible or liable.  We make no claim or warranty, expressed or implied with respect to the Service, that the Service will meet your requirements or be available to you without interruptions or errors or be completely secure. All risk arising out of the use or performance of the Service and any Content (including user Content or postings) made available through or on the Service remains solely with you.  Any information or advice, in written or oral form, given by YouPOLL App, or obtained through the Service, will not be considered as warranty.

AT OUR SOLE DISCRETION AND FOR ANY OR NO REASON, WE RETAIN THE RIGHT TO DELETE AND TERMINATE THE ACCOUNTS AND RECLAIM THE USERNAMES OF USERS WITH OR WIHOUT NOTICE, PARTICULARLY USERS FOUND TO BE IN BREACH OF OUR TERMS OF USE. YOU AGREE THAT YouPOLL App WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SUCH TERMINATION.

 

Limitation of liability

To the full extent, as permitted by applicable laws, YouPOLL App, Members Of Us LLC,and its affiliates, associates, partners, officers, employees, agents, licensors and third party links will not be liable for any direct, indirect, random, special, related, incidental, ensuing or retributive damages. These damages include without limitation, any financial loss, loss of profits, data, content, use, repute, cost of procurement of substitute services, or other abstract or consequential losses. These damages include but are not limited to damages arising from:  

·         your use or inability to use the service;

·         any content downloaded or obtained from the service;

·         any content you obtain from the service;

·         illegal or unauthorized access, utilization or amendment of your transmissions or content, whether based on any pledge, agreement, bond or tort (including negligence) or any other legal aspect, irrespective of whether YouPOLL App and associates have been advised of  the  prospect of such damage, and even if a solution given by YouPOLL App had failed to serve its purpose;

·          and any behaviour or content of any third party posting  to the Service, including without limitation, any defamatory, objectionable or illegal conduct of other users or third parties.

Under no circumstances  shall YouPOLL App’s s liability under, arising out of or relating to the Service, these terms or use of the service or arising from any claim by any other party exceed the fees paid by you for the Service, if any, even if YouPOLL App has been informed of the possibility of such damages.

 

 

No Refunds policy

EVERY EFFORT HAS BEEN MADE TO ENSURE THE STABILITY & INTEGRITY OF ALL CASH TRANSACTIONS THAT ARE PERFORMED USING YouPOLL App, INCLUDING CREATING POLLS/SURVEYS TAGGED WITH CASH REWARDS (CASHPOLLS), SENDING SPONSORED POLLS AND REDEEMING CASH EARNED FROM CASHPOLLS. WE WILL NOT BE HELD LIABLE FOR ANY FAILURES IN THESE TRANSACTIONS DUE TO, BUT NOT LIMITED TO, YOUR INABILITY TO USE THIS FEATURE APPROPRIATELY, SYSTEM OR DEVICE FAILURES WHILE USING THESE FEATURES, AND ANY THIRD PARTY MALICIOUS INTRUSIONS TO OUR SYSTEMS. ANY ATTEMPTS AT MALICIOUS INTRUSIONS WILL BE INVESTIGATED AND PROSECUTED TO THE FULL EXTENT OF THE LAW.  ALL CASH TRANSACTIONS PERFORMED IN YouPOLL App ARE FINAL AND COMPLETELY NON-REFUNDABLE.

 

 

Indemnity

If any person stakes a claim against us in regard to your actions or postings on the Service, or actions or Content by or from somebody using your account, you will indemnify, defend, and hold us and our affiliates, including the directors and employees, harmless and unaccountable for any and all damages, costs, losses, and expenses of any kind including reasonable attorneys’ fees and other legal expenses and costs related to such third party claim.  Under no circumstances whatsoever will YouPOLL App and any of its affiliates be liable in any way for any Content and user postings, including, without limitation, for any errors or omissions in any content, or for any infringement of third party's right, loss or damage of any kind incurred as a result of the use of such Content and/or user postings.

Promotional offers

We occasionally offer Promotional services like cash rewards and prizes for posting great polls & surveys or for participating in polls & surveys. These promotional offers are bound by our general terms AS IS. We endeavour to deliver on these offers but assume no Liability for inability to fulfil these offers arising from unforeseen circumstances such as disruptions to our ability to deliver the service; for instance due to but not limited to third party malicious intrusions to our systems. Any fraudulent use of the service including creating multiple personal accounts to participate in promotional content immediately disqualifies you from such promotional offers. As stated earlier, we reserve the right to pursue legal action in such cases. 

Governing law, General Terms and Dispute resolution

Governing law: These Terms, conditions and any action related to these will be regulated and construed in accordance to the laws of the Republic of Ireland. This is applicable irrespective of any contradiction or conflict of law provisions of your home state or country of residence. All claims, legal proceedings or litigations arising in connection with the Service will be brought solely in Dublin Ireland and it is considered as agreed by you to the jurisdiction of and venue in such courts and you shall not have any objection citing inconvenience.

Limitation of claims: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Alternative dispute resolution ("ADR") : Under certain scenarios, for claims (excluding claims for injunctive or other equitable relief) under these Terms of service where the total amount of compensation sought  is less than €10000, the party seeking compensation may decide to resolve the dispute through binding non-appearance-based arbitration. The party seeking arbitration in this manner shall initiate the arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by all parties. The arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as decided by the party initiating the arbitration. The arbitration does not require any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties and any judgment on the compensation rendered by the arbitrator may be entered in any court of competent jurisdiction. The option for this route of dispute resolution remains at the discretion of YouPOLL App and its affiliates. 

General Terms: These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, including by operation of law or otherwise, but may be assigned by YouPOLL App  without restriction

These Terms (including the Privacy Policy and “How YouPOLL App works” section) are the entire and exclusive agreement between you and YouPOLL APP relating to the Service and subject matter herein (excluding any services for which you have a separate agreement with YouPOLL App that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between YouPOLL App and you regarding the Service.

The inability or failure of YouPOLL App at any time to enforce any right or provision of these Terms will not be considered as a waiver of such right or provision and will in no manner affect our right to enforce the same at a later time. If any of the provisions of these Terms are held invalid, unenforceable, or void by a court or other tribunal of competent jurisdiction, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the remaining provisions of the Terms remain in full force and effect. These Terms may be revised and changed from time to time with or without notice to you. The most current version will always be made available on this page (or such other page as the Service may indicate). Your continued use of the Service following such changes constitutes your acceptance of any such changes. You should review and are encouraged to check, from time to time, the most current version of these Terms. At all times, the latest version of these Terms shall be binding and prevail over any other version.

If you have questions about these Terms, please contact us at worldopinion@YouPOLLapp.com

 

 

 

YouPOLL App Privacy Policy

YouPOLL considers your privacy as very important and we take it with earnest intent. This Privacy Policy defines YouPOLL App’s policies and practices on the collection, use and revelation of your information when you use the YouPOLL App Service, through one of YouPOLL App’s applications for iPhone and Android mobile devices. We will maintain extreme confidentiality in regard to this information. It will be used or shared only in the way as described in this Privacy Policy. Any information that is collected by us by other means (including offline) or from other sources shall not be considered under this Privacy Policy. By using this service you consent to the collection, transfer, storage, disclosure and other uses of your personal information as described in this Privacy Policy.

Why your information is collected

The information collected by YouPOLL App is utilized to evaluate how the Service is used, detect service or technical problems, uphold security, personalize content, retain information to ease your efficient access your account, oversee collective metrics such as total number of visitors, traffic, and demographic patterns, and track user Content and users as necessary to abide by the Digital Millennium Copyright Act and other applicable laws.

 

 

 

Information provided by you

 Necessary information about yourself, such as your name, e-mail address, occupation, year of birth, gender, location and profile picture will be provided by you if you register for an account with YouPOLL App.  With YouPOLL App your username and profile content is available publicly except you make your account private.  . Your year of birth, gender, occupation and location is never made public or displayed to other users. However, using the detailed poll statistics function of the Service polls that you vote on will make these demographic data retrievable without revealing your identification. Moreover, it is to be clear that we may use your email address to send you Service-related notices (including any notices required by law, in lieu of communication by postal mail and your password if you request so). If you correspond with us by email, the content of your email messages, your email address and our responses may be saved by us for future use.

You also provide us information by posting content on to the Service (“User Content” or “User Postings”). Your polls, surveys, remarks, notes, other contributions on the Service, and metadata about them (such as when you posted them), are publicly viewable on the Service, along with your username. This information may be searched by search engines and be reflected elsewhere on the Web in compliance with our Terms of Service. By deciding to create a poll or survey and/or answer a poll/survey publicly you thereby agree to have this information publicly viewable on the Service.

 In case you choose to use our invitation service to invite a friend to the Service, you will be asked to provide that person's email address. A one-time email invitation will be sent to your friend automatically. YouPOLL App retains this information to send invitations, to enrol your friend if your invitation is accepted and to keep a track of the success of our invitation service.

 

 

Cookies.

 Like most online services and Apps, YouPOLL App may use “cookies” on the Service and website, www.youpollapp.com, to collect information. “Persistent” cookies may be used to save your login information for future logins to the Service. “Session ID” cookies may be used to enable certain features of the Service, to better understand how you interact with the Service and to monitor aggregate usage by YouPOLL App Users and web traffic routing on the Service and website. Unlike persistent cookies, session cookies are deleted from your computer when you log off from the Service and then close your browser. You can configure your browser settings to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all portions of the Service or all functionality of the Service.

 

Automatically collected information: 

Automated technologies may be used to collect and analyze certain types of non-personal information such as:

-          Data related to the ways in which you interact with the Service including, the amount of time spent on certain pages, the date and time you used the Service, search criteria and results and other similar information.

-          Data related to the devices you use to access the Service, such as: IP addresses, geolocation information, unique device identifiers and other information about your mobile phone or other mobile device(s).

 

YouPOLL App will allow third parties to display advertisements on the Service. We may also use the assistance of other third parties to collect and analyse information about your use of the service and generate aggregate site usage statistics. Cookies and related technologies may be used to collect similar non-personal information about your use of the Service and the website. YouPOLL App does not have control of these third parties and their use of such technologies which is governed by those parties' privacy policies. More information on these third-party ad networks can be provided to you upon request.

 

Securing your information and ensuring minors are protected

To protect your privacy and security, we take reasonable steps to verify your identity before granting you account access. You are responsible for maintaining the secrecy of your unique password and account information at all times.

YouPOLL App uses state of the art and commercially rational physical, professional, administrative and technical safeguards to preserve the integrity and safekeeping of your personal information. Unfortunately, we cannot confirm or warrant the security of any information that is transferred by you to YouPOLL App. We also cannot guarantee that your information on the Service shall not be retrieved, divulged, changed, or damaged by unauthorized breach of any of our physical, technical, or administrative safeguards or due to a hardware or software failure.

If at any time personal information of our users is disclosed as a result of a breach of security, YouPOLL App will attempt to promptly electronically notify those persons whose personal information has been compromised, in accordance with the warning procedures that are expressed in this Privacy Policy, or as otherwise required by applicable law.

Your information may be stored and processed in any country in which YouPOLL App and its affiliates maintain facilities, including outside of the EU and the US. In this regard, or for purposes of sharing or disclosing data in accordance with this Privacy Policy, YouPOLL App reserves the right to transfer, store, and process your information outside of your country. By using the Service, you consent to any such transfer, storage, and processing of your information outside of your country.

The Service contains links to websites and services provided by third parties. Any personally identifiable information you provide on third party sites or services is provided directly to that third party and is subject to that third party's policies governing privacy and security. We are not responsible for the content or privacy and security practices and policies of third party sites or services that you access through links displayed on the Service. We encourage you to learn about third parties' privacy and security policies before providing them with personally identifiable information.

We understand the importance of protecting the privacy of young children. Under no circumstances does YouPOLL App knowingly collect or solicits personal information from children or anyone under the age of 13. We do not knowingly allow such persons to register with YouPOLL. If such a case is brought to our notice and we come to know that personal information has been retrieved by us from a child under age 13 without verification of parental consent, we take action to remove that information.

Our Policy on sharing your personally and non-personally identifiable information

Any poll, survey, comments or personally identifiable information you publicly post on the Service will be viewable by you and other users on YouPOLL App.

Your profile page comprises your account on YouPOLL App, where all polls and surveys posted by you using the Service are stored (the “Profile Page” or myPOLLS page). The Service allows users to view the Profile Page of any user (yourPOLLS page). However, you can restrict other users from accessing your profile by changing your account settings and you also have the ability to post content anonymously or hide your polls and surveys from your profile.  Therefore by allowing public access to your Profile Page, you agree to accept other users access to the information stored in your profile page. This access includes the ability of users to share your polls and surveys on other social media networks.

Under certain circumstances YouPOLL App may reveal your personal information. These may be: requirement to do so by law or subpoena or if we believe that it is in the best interest of everyone involved to abide by a law, regulation or legal request; to ensure the safety of any person; to address fraud, security or technical issues; to investigate and defend ourselves against any third party claims or allegations; to take precautions against liability or to protect YouPOLL App’s rights and property.

We may also store personal information at external locations such as, on servers or databases co-located with hosting providers; these are outside the direct control of YouPOLL App. Furthermore, YouPOLL App may occasionally share your personally identifiable information with third parties for the purpose of providing the Service to you whether or not in conjunction with these third parties.  In case we do so, such third parties' use of your information will be governed by this Privacy Policy.

As part of our commitment to safeguard your identity we may aggregate and/or anonymize information collected through the Service. This aggregated, public, anonymized and other non-personally identifiable information may be used for any purpose. This may include analytic research and marketing, and our use and disclosure of such information is not subject to any limitations under this Privacy Policy.

YouPOLL App may allow third-party ad servers and networks to display advertisements on the Service. These third-parties may use technology to send, directly to the App, the advertisements and links that appear while using YouPOLL App. They may also use cookies, clear gifs, web beacons or JavaScript or other similar technologies, to measure the efficiency of their advertisements and to customize the advertising content. YouPOLL App does not provide any information to these third-party ad servers and networks that reveal your identity without first obtaining your consent. Please note that if you respond to advertisements meant for a specific demographic, advertisers, ad servers and networks may correctly conclude that you meet that demographic criteria. The YouPOLL App Privacy Policy does not apply to third party advertisers and we cannot control their activities. With respect to protecting your interests and for more information, we state that you kindly consult the respective privacy policies of the advertisers that use our Service.

 

As part of the business growth and development of YouPOLL App, we may be required to sell, divest, transfer, assign, share or otherwise engage in transactions that involve our assets which include any or all of your personal information as described in this Policy. These actions may be required as a result of a corporate divestiture, merger, acquisition, joint venture, bankruptcy, dissolution, reorganization, or any other similar transaction or proceeding.

Accessing other websites from YouPOLL App

As part of the user experience, polls, surveys, advertisements and other material displayed in YouPOLL App will contain links to other sites. YouPOLL App takes no responsibility for the activities by websites linked to or from the Service, nor for the information or content contained therein. Our Privacy Policy is effective only for YouPOLL App. As soon as you use a link to go from the Service to another website, our Privacy Policy ceases to be effective.

Future Updates to our Privacy Policy

The privacy policies and procedures are subject to change. If we do so, those changes will be posted on this page. At all times it will be ensured that you are made aware of what information we collect, how we use it and under what circumstances it may be disclosed. When changes are made to these policies they will be immediately uploaded to this page and become effective from then on. Please revisit this page periodically to stay aware of any changes to this Privacy Policy

 

YouPOLL App contact information

For any queries regarding our practices or this privacy policy, you can contact us at worldopinion@YouPOLLapp.com. We shall be obliged to serve.

YouPOLL App parent company is registered in the Republic of Ireland:

Members Of Us Limited.

6-9 Trinity Street,

Dublin 2,

Ireland.

membersofus@gmail.com 

membersofus@outlook.com 

Admin@membersofus.com