The New Newspaper
The social network that connects writers and their readers
Saturday May 25, 2013
Terms & Conditions
Pollis.com is a social networking site that allows its users to submit their blogs in order to find and communicate with other bloggers ("Services"). The following Terms and Conditions which may be modified from time to time ("Agreement") set forth the legally binding terms for use of this site ("Pollis.com"). If you wish to participate and become a member of Pollis.com and use the Services, you must read this Agreement and indicate your acceptance during the registration process. Any modification of this Agreement will be effective upon posting and all modifications will apply prospectively. Your continued use of the Services following any modification constitutes your acceptance to be bound by the Agreement as modified. If you do not agree to be bound by this Agreement you should leave Pollis.com's website and discontinue use immediately. By accessing or using the Services, you agree to be bound by this Agreement. This Agreement includes Pollis.com's policy for acceptable use of the Services and any content posted on the Pollis.com site, your rights, obligations and restrictions regarding your use of the Services and Pollis.com's Privacy Policy.
1. Eligibility.
Use of the Services and registration to be a "Member" (which means that you have registered with Pollis.com) is void where prohibited. By using the Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 13 years of age or if we believe that you are under 18 years of age and you represent yourself as 18 years of age or older.
2. Term.
This Agreement, and any modification, will remain in full force and effect while you use the Services or are a Member. You may terminate your Membership at any time, for any reason. Pollis.com may terminate your Membership at any time, without warning. Even after Membership is terminated, the terms and conditions of this Agreement will remain in effect.
3. Fees.
You acknowledge that Pollis.com reserves the right to charge for the Services and to change its fees from time to time in its discretion. If Pollis.com terminates your Membership because you have breached the Agreement, you will not be entitled to the refund of any unused portion of subscription fees.
4. Password.
When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Pollis.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
5. Non-commercial Use by Members.
The Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Pollis.com. Illegal and/or unauthorized use of the Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Pollis.com website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles and blog listing pages without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Services.
6. Proprietary Rights in Content on Pollis.com.
Pollis.com does not claim any ownership right of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit, post or make available for inclusion on publicly accessible areas of the Service, you grant Pollis.com the following worldwide, royalty-free and non-exclusive license(s), as applicable:
a. With respect to text, files, images, photos, video, sounds, music, works of authorship, applications, or any other materials (collectively "Content") you submit or make available for inclusion on publicly accessible areas of Pollis.com, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific blog to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Pollis.com removes such Content from the Service.
b. With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than Pollis.com, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Pollis.com removes such Content from the Service.
c. With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
d. As a visitor, user or Member ("User") using the Services you represent and warrant that (i) you own the Content posted by you on, through or in connection with the Services or otherwise have the right to post such Content and (ii) the posting of your Content on, through or in connection with the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all rolyalties, fees, and any other monies owing any person or entity by reason of the use of any Content posted by you on or through the Services.
7. Content Posted.
a. Pollis.com may delete any Content that in the sole judgment of Pollis.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. ?Pollis.com assumes no responsibility for monitoring the Services for inappropriate Content or conduct. If at any time Pollis.com chooses, in its sole discretion, to monitor the Services, Pollis.com assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
b. You are solely responsible for the Content that you post on or through any of the Services, and any material or information that you transmit to other Members and for your interactions with other Users. Pollis.com does not endorse and has no control over the Content. Content is not necessarily reviewed by Pollis.com prior to posting and does not necessarily reflect the opinions or policies of Pollis.com. Pollis.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
c. It is your responsibility to choose carefully the information you post on Pollis.com and that you provide to other users of the Pollis.com site. When you register as a user of Pollis.com to either post or read content your Pollis.com profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Please be aware that despite this prohibition, information provided by other Pollis.com Users may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and that Pollis.com assumes no responsibility or liability for such material. If you become aware of misuse of the Services by any person, please contact Pollis.com and report the offense.
d. Pollis.com at all times reserves the right, in its sole discretion, to reject, refuse to post or delete any posting by you, or to restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability. Pollis.com expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of the Services if Pollis.com, in its sole discretion, determines that you pose a threat to Pollis.com and/or its Users.
8. Content/Activity Prohibited.
The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Services. Pollis.com reserves the right to investigate and take appropriate legal action against anyone who, in Pollis.com's sole discretion, violates this provision, including without limitation, removing the offending communication from the Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Pollis.com:
a. is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual;
b. harasses or advocates harassment of another person;
c. exploits people in a sexual or violent manner;
d. contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
e. solicits personal information from anyone under 18;
f. publicly posts information that poses or creates a privacy or security risk to any person;
g. constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
h. constitutes or promotes an illegal or unauthorized 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;
i. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming", or "spamming";
j. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
k. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
l. solicits or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other Users;
m. involves commercial activities and/or sales without prior written consent from Pollis.com such as contests, sweepstakes, barter, advertising, or pyramid schemes;
n. includes a photograph or video of another person that you have posted without that person's consent;
o. for band, comedy, filmmaker and other profiles, uses sexually suggestive imagery or any unfair, misleading or deceptive Content intended to draw traffic to the profile; or
p. violates or attempts to violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
The following is a partial list of the kind of activity that is illegal or prohibited on the Pollis.com and through your use of the Services. Pollis.com reserves the right to investigate and take appropriate legal action against anyone who, in Pollis.com's sole discretion, violates this provision, including without limitation, terminating your Membership and/or reporting such activity to law enforcement authorities. Prohibited activity includes, but is not limited to:
-criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
-advertising to, or solicitation of, any Member to buy or sell any products or services through the Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent
-covering or obscuring the banner advertisements on your personal profile page, or any Pollis.com page via HTML/CSS or any other means;
-any automated use of the system, such as using scripts to add friends or send comments or messages;
-interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to Pollis.com;
-attempting to impersonate another Member or person;
-using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
-using any information obtained from Pollis.com in order to harass, abuse, or harm another person or entity;
-displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your friends, or sending private messages with a commercial purpose; or
-using the Services in a manner inconsistent with any and all applicable laws and regulations.
9. Copyright Policy.
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Pollis.com to terminate Membership privileges of any Member who infringes the copyright rights of others upon receipt of proper notification to Pollis.com by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on Pollis.com in a way that constitutes copyright infringement, please provide us with the following information:
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(ii) a description of the copyrighted work that you claim has been infringed;
(iii) a description of where the material that you claim is infringing is located on Pollis.com;
(iv) your address, telephone number, and email address;
(v) a written 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;
(vi) 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. Pollis.com's agent for notice of claims of copyright infringement can be reached via e-mail as follows: Jacob@Pollis.com.
10. Member Disputes.
You are solely responsible for your interactions with other Users and/or Members. Pollis.com reserves the right, but has no obligation, to monitor or to become involved in any way with disputes between you and other Users and/or Members.
11. Disclaimers.
Use of the Services is void where prohibited. Pollis.com is not responsible for any incorrect or inaccurate Content posted on Pollis.com or in connection with the Services, whether caused by Users and/or Members of the Services or by any of the equipment or programming associated with or utilized in the Services. Profiles created and posted by Members on Pollis.com may contain links to other websites. Pollis.com is not responsible for and makes no warranties, express or implied, as to the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Pollis.com. Inclusion of any linked website on the Services does not necessarily imply approval or endorsement of the linked website by Pollis.com. When you access these third-party sites, you do so at your own risk. Pollis.com takes no responsibility for third party advertisements which are posted on Pollis.com or through the Services, or does it take any responsibility for the goods or services provided by its advertisers. Pollis.com is not responsible for the conduct, whether online or offline, of any User and/or Member of the Services. Pollis.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User and/or Member communication. Pollis.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to Users and/or Members or to any person's computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall Pollis.com be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, attendance at a Pollis.com event, from any Content posted on or through the Services, or from the conduct of any Users and/or Members of Pollis.com, whether online or offline. The Services are provided "AS-IS"and as available and Pollis.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Pollis.com cannot guarantee and does not promise any specific results from use of the Services.
12. Limitation on Liability.
IN NO EVENT SHALL POLLIS.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF POLLIS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, POLLIS.COM's LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO POLLIS.COM FOR THE POLLIS SERVICES DURING THE TERM OF USE AND/OR MEMBERSHIP.
13. U.S. Export Controls.
Software available in connection with the Services (the "Software") is further subject to United States export controls. No Software may be downloaded from Pollis.com or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
14. Disputes.
If there is any dispute about or involving the Services, you agree that the dispute shall be governed by the laws of the State of Massachusetts, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the State and Federal courts of the United States located in the State of California, City of Los Angeles. Either Pollis.com or you may demand that any dispute between Pollis.com and you about or involving the Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Boston, Massachusetts, USA, provided that the foregoing shall not prevent Pollis.com from seeking injunctive relief in a court of competent jurisdiction.
15. Indemnity.
You agree to indemnify and hold Pollis.com, its subsidiaries, and affiliates, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on Pollis.com or through the Services causes Pollis.com to be liable to another.
16. Privacy Policy.
If you choose to enter personal information into your Pollis.com profile certain information may be publicly displayed. If you choose to make comments on Pollis.com, those comments will be publicly displayed along with your avatar, screen name, and a link back to your profile. Pollis.com also enables site developers to apply badges and access to APIs to collect and display certain information off of the Pollis site. This is includes developers that have recently added interest-based advertising programs, which allows them the ability to track site visitation and then customize advertising content based on that visitation.
-Google, as a third party vendor, uses cookies to serve ads on your site.
-Google's use of the DART cookie enables it and its partners to serve ads to your users based on their visit to your sites and/or other sites on the Internet.
-Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy.
Please contact us at: Jacob@Pollis.com with any questions regarding this Agreement.
17. Other.
This Agreement is accepted upon your use of Pollis.com or any of the Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Pollis.com regarding the use of the Services. The failure of Pollis.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.