Welcome to PollYa - the ultimate opinion platform (Vote to earn), offering a seamless space for mass consensus. In a world flooded with biased information, PollYa is a reliable haven for genuine thoughts on diverse topics. As the go-to platform, it allows sharing opinions on internet content, including other social media platforms by cutting through information noise, and shaping individual perspectives.
These terms of service (“Terms of Service”) set forth the agreement (“Agreement”) between You (hereinafter referred to as “You”, “Your” or “User”) and PollYa, (“PollYa” “We”, “Us or Our”). It governs Your use of the products and services (“Services”) We offer through our websites and applications https://pollya.com/ (collectively referred to as the “PollYa Platform” or Platform).
Please make sure to read it, because, by using the PollYa Platform, You consent to these Terms of Service.
USING THE POLLYA PLATFORM
Eligibility to use the Platform :
Use of the PollYa Platform by anyone under 13 years of age is prohibited. You represent that You are at least the age of majority in the jurisdiction where You live or, if You are not, Your parent or legal guardian must consent to these Terms of Service and affirm that they accept this Agreement on Your behalf and bear responsibility for Your use. If You are accepting these Terms of Service on behalf of someone else or an entity, You confirm that You have the legal authority to bind that person or entity to this Agreement.
You must be from a territory or jurisdiction not classified as a Restricted Jurisdiction (as defined below) under these Terms of Use.
You have the full right, power, and authority to agree to these Terms of Use.
You are not impersonating any other person
While You may view Our Platform without registration, for availing Our Services and participating in any functionality of the Platform, You must duly register and be a Verified User (defined below) with the Platform in order to earn various Rewards (defined below) in accordance with these Terms of Use.
You must have a valid and active mobile number and email-id to sign up on the Platform.
We may, at our sole discretion, block or restrict Your access to the whole or a part of the Platform, or restrict Our Services to You, either temporarily or permanently, if We find Your conduct and participation to the Platform to be in violation of these Terms of Use and/or if We receive any red flag on Your poll/post from other Users.
Privacy Policy: Our privacy practices are set forth in our (“Privacy Policy”). By use of the PollYa Platform, You agree to accept our Privacy Policy, regardless of whether You are a registered User.
Acceptable Use Policy: In Your interaction with others on the PollYa Platform, You agree to follow the acceptable Use Policy at all times.
Termination: You may close Your account at any time by going to account settings and disabling Your account. We may terminate or suspend Your PollYa account if You violate any PollYa policy or for any other reason.
Changes to the PollYa Platform: We are always trying to improve Your experience on the PollYa Platform. We may need to add or change features and may do so without notice to You.
Feedback: We welcome Your feedback and suggestions about how to improve the PollYa Platform. Feel free to submit feedback at info@pollya.com. By submitting feedback, You agree to grant us the right, at our discretion, to use, disclose and otherwise exploit the feedback, in whole or part, freely and without compensation to You.
REGISTRATION AND USER ACCOUNT
Registration: You can register with Us by agreeing to these Terms of Service and by providing Us with accurate and complete information that We seek, including without limitation as per Privacy Policy, during the signup process which includes registered mobile number, registered email address or any such information required by the Platform. By creating the User Account with Us, You agree that You have read and understood these Terms of Service, all Your information is accurate and complete, and that You promise to keep such information updated.
Account Security: You are responsible for the security of Your User Account on the Platform and any information that You upload or share. Please keep Your login, password, and account details private and confidential and avoid sharing them with any other person. If You become aware of any unauthorized use of Your User Account, it is Your duty to notify Us immediately and furnish all relevant information that We seek.
YOUR CONTENT
Definition of Your Content: The PollYa Platform enables You to create and post polls that includes texts, photos, videos, links, and other files and information by Yourself. All material that You upload, publish or display to others via the PollYa Platform will be referred to collectively as “Your Content.” You acknowledge and agree that, as part of using the PollYa Platform, Your Content may be viewed by the general public.
Ownership: You, or Your licensors, as applicable, retain ownership of the copyright and other intellectual property in Your Content, subject to the non-exclusive rights granted below.
License and Permission to Use Your Content: By submitting, posting, or displaying Your Content on the PollYa Platform, You grant PollYa and its affiliated companies a non-exclusive, worldwide, royalty free, fully paid up, transferable, sublicensable (through multiple tiers), license to use, copy, reproduce, process, adapt, modify, create derivative works from, publish, transmit, store, display and distribute, translate, communicate and make available to the public, and otherwise use Your Content in connection with the operation or use of the PollYa Platform or the promotion, advertising or marketing of the PollYa Platform or Our business partners, in any and all media or distribution methods (now known or later developed), including via means of automated distribution, such as through an application programming interface (also known as an “API”). You agree that this license includes the right for PollYa to make Your Content available to other companies, organizations, business partners, or individuals who collaborate with PollYa for the syndication, broadcast, communication and making available to the public, distribution or publication of Your Content on the PollYa Platform or through other media or distribution methods. This license also includes the right for other Users of the PollYa Platform to use, copy, reproduce, adapt, modify, create derivative works from, publish, transmit, display, and distribute, translate, communicate and make available to the public Your Content, subject to our Terms of Service. Except as expressly provided in these Terms of Service, this license will not confer the right for You to use automated technology to copy or post questions and answers or to aggregate questions and answers for the purpose of making derivative works. If You do not wish to allow Your answers to be translated by other Users, You can globally opt out of translation in Your profile settings or You can designate certain answers not for translation. We may not be able to control removal of the answer from display on syndicated channels or other previously distributed methods outside of https://www.PollYa.com. PollYa may remove suspected spam from Your answers. PollYa The right for PollYa to copy, display, transmit, publish, perform, distribute, store, modify, and otherwise use any question You post, and sublicense those rights to others, is perpetual and irrevocable, to the maximum extent permitted by law, except as otherwise specified in this Agreement. You acknowledge and agree that PollYa may preserve Your Content and may also disclose Your Content and related information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any of Your Content violates the rights of third parties; (d) detect, prevent, or otherwise address fraud, security or technical issues; or (e) protect the rights, property, or personal safety of PollYa, its Users, or the public. You understand that We may modify, adapt, or create derivative works from Your Content in order to transmit, display or distribute it over computer networks, devices, service providers, and in various media. We also may remove or refuse to publish Your Content, in whole or part, at any time. You further give Us the permission and authority to act as Your non-exclusive agent to take enforcement action against any unauthorized use by third parties of any of Your Content outside of the PollYa Platform or in violation of Our Terms of Service.
Your Responsibilities for Your Content: By posting Your Content on the PollYa Platform, You represent and warrant to Us that: i) You have the ownership rights, or You have obtained all necessary licenses or permissions to use Your Content and grant us the rights to use Your Content as provided for under this Agreement, and ii) that posting Your Content violates no intellectual property or personal right of others or any applicable law or regulation, including any laws or regulations requiring disclosure that You have been compensated for Your Content. You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others or violation of laws and regulations in connection with Your Content. You are responsible for ensuring that Your Content does not violate PollYa’s Acceptable Use Policy, Copyright Policy, Trademark Policy, other published PollYa policy, or any applicable law or regulation. You agree to pay all royalties, fees, and any other monies owed to any person by reason of Your Content.
DURATION OF A POST
Users creating a post: The User has an option to choose the duration of a post at its sole discretion. Once the duration is selected by the User, it cannot be edited or modified.
Post saved after creation on a profile: The post created by You will be saved on Your profile for lifetime unless You delete the same or You inform Us to deactivate Your account or upon Termination of Your account by PollYa. The Users can only see the post on the profile but cannot Vote on the post after the duration is completed.
OUR CONTENT AND MATERIALS
Definition of Our Content and Materials: All intellectual property in or related to the PollYa Platform (specifically including, but not limited to our software, the PollYa marks, the PollYa logo, but excluding Your Content) is the property of PollYa, or its subsidiaries and affiliates, or content posted by other PollYa Users licensed to Us (collectively “Our Content and Materials”).
Data: All data PollYa collects (“Data”) about use of the PollYa Platform by You or others is the property of PollYa, Inc., its subsidiaries, and affiliates. For clarity, Data does not include Your Content and is separate from Our Content and Materials.
And you agree that you will exercise adequate caution, care and sensitivity before posting on PollYa with respect to the laws of the land as well as considering societal harmony.
OUR LICENSE TO YOU
We grant You a personal, limited, non-exclusive license to use and access Our Content and Materials and Data as made available to You on the PollYa Platform in connection with Your use of the PollYa Platform, subject to the Terms of Service of this Agreement.
PollYa gives You a worldwide, royalty-free, revocable, personal, non- assignable and non-exclusive license to re-post Our Content and Materials anywhere on the web, subject to these Terms and Conditions and provided that: (a) the content in question was added to the PollYa Platform after December 15, 2022; (b) the User who created the content has not explicitly marked the content as not for reproduction on the PollYa Platform; (c) You do not modify the content; (d) You attribute PollYa by name in readable text and with a human and machine-followable link (an HTML anchor tag) linking back to the page displaying the original source of the content on https://PollYa.com on every page that contains Our Content and Materials; (e) upon request, either by PollYa or a User, You remove the User's name from content which the User has subsequently made anonymous; (f) upon request, either by PollYa or by a User who contributed to the content, You make a reasonable effort to update a particular piece of content to the latest version on the PollYa Platform; and (g) upon request, either by PollYa or by a User who contributed to the content, You make a reasonable attempt to delete content that has been deleted or marked as not for reproduction on the PollYa Platform; (h) You don’t republish more than a small portion of Our Content and Materials; (i) You do not use any automated tools to aggregate or create derivative works. In exercising these rights, You may not implicitly or explicitly assert any connection with, sponsorship or endorsement by PollYa, or any PollYa User, without separate, express prior written permission from us.
We may terminate Our license to You at any time for any reason. We have the right but not the obligation to refuse to distribute any content on the PollYa Platform or to remove content. Except for the rights and license granted in these Terms of Service, we reserve all other rights and grant no other rights or licenses, implied or otherwise.
Permitted uses: If You operate a search engine, web crawler, bot, scraping tool, data mining tool, bulk downloading tool, wget utility, or similar data gathering or extraction tool, You may access the PollYa Platform, subject to the following additional rules: i) You must use a descriptive User agent header; ii) You must follow robots.txt at all times; iii) Your access must not adversely affect any aspect of the PollYa Platform’s functioning; and iv) You must make it clear how to contact You, either in Your User agent string, or on Your website if You have one. You represent and warrant that You will not use any automated tools such as artificial intelligence or machine learning i) to create derivative works of Our Content and Materials; ii) to create any service competitive to the PollYa Platform; or iii) for other commercial purposes except as expressly permitted by these Terms of Service or the written consent of PollYa.
No Endorsement or Verification: Please note that the PollYa Platform contains access to third-party content, products and services, and it offers interactions with third parties. Participation or availability on the PollYa Platform does not amount to endorsement or verification by us. We make no warranties or representations about the accuracy, completeness, or timeliness of any content posted on the PollYa Platform by anyone.
Ownership: You acknowledge and agree that Our Content and Materials remain the property of PollYa's Users or PollYa. The content, information and services made available on the PollYa Platform are protected by U.S. and international copyright, trademark, and other laws, and You acknowledge that these rights are valid and enforceable.
Integrated Service Provider: You may enable another online service provider, such as a social networking service (“Integrated Service Provider”), to be directly integrated into Your account on the PollYa Platform. By enabling an integrated service, You are allowing Us to pass to, and receive from, the Integrated Service Provider Your log-in information and other User data. For more information about PollYa’s use, storage, and disclosure of information related to You and Your use of integrated services within PollYa, please see our Privacy Policy. Note that Your use of any Integrated Service Provider and its own handling of Your data and information is governed solely by their terms of use, privacy policies, and other policies.
NOTHING IS CHANGING ABOUT YOUR RIGHTS IN YOUR CONTENT
We do not claim ownership of Your content that You post on or through the Service and You are free to share Your content with anyone else, wherever You choose. However, We need certain legal permissions from you (known as a "licence") to provide the Service.
When You share, re-share, vote any content that is covered by intellectual property rights (such as photos or videos) on or in connection with our Service, You hereby grant to us a non-exclusive, royalty-free, transferable, sublicensable, worldwide licence to host, use, distribute, modify, run, copy, publicly perform or display, translate and create derivative works of Your content.
This licence will end when Your content is deleted from Our systems. You can delete content individually or all at once by deleting Your account.
YOUR DUTIES AND OBLIGATIONS
You agree to abide by these Terms of Use and all other terms applicable to the Platform, including our Privacy Policy. In the event You do not abide, We may, at our sole and absolute discretion, take necessary remedial action, including but not limited to: (a) restricting, suspending, or terminating Your access to all or any part of the Platform; or/and (b) deactivating or deleting the User Account and all related information and files on it. Any benefits due to You on or prior to the date of deactivation or deletion may be restricted/withdrawn as per Our discretion.
You agree to provide true, accurate, current, and complete information at the time of registration and at all other times (as required by PollYa). You further agree to update and keep updated all information You share with Us.
You will not register or operate more than one User Account on the Platform.
Any password created by You must not be revealed to anyone else. You should not use another User’s password or login credentials to access the Platform.
You agree not to use cheat codes, exploits, automation, software, bots, hacks, or any unauthorised third-party software designed to modify or interfere with our Platform or/and Our Services.
You agree not to institute, assist, or become involved in any type of attack, including without limitation to distribution of a virus, denial of service, or other attempts to disrupt Our Services or any other person's use or enjoyment of Our Platform.
You will not publish any content that is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity, or agency for financial gain or to cause any injury to any person.
Without limiting the foregoing, You agree not to use the Platform or/and Our Services:
To engage in any obscene, offensive, indecent, racial, communal, anti-national, objectionable, defamatory, or abusive action or communication.
To publish, post, upload, e-mail, transmit, distribute, or disseminate any inappropriate, profane, defamatory, infringing, hateful, obscene, indecent, or unlawful content.
To advertise, offer or sell any goods or services for any commercial purpose on the Platform without Our express written consent.
To download any file, recompile or disassemble or otherwise affect Our products that You know or reasonably should know cannot be legally done or obtained in such manner.
To collect or store personal information about other Users.
To impersonate any person or entity, including, but not limited to, a representative of PollYa, or falsely state or otherwise misrepresent User's affiliation with a person or entity.
To engage in any illegal activities.
To engage in any action that threatens the unity, integrity, defence, security or sovereignty of any country, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting to other nation(s).
If You use content covered by Intellectual Property Rights that We have and make available in Our Service (for example, images, designs, videos or sounds We provide that You add to content You create or share), We retain all rights to Our content (but not yours).
If You choose an account name or user-ID that, in Our opinion, is obscene, indecent, abusive, hateful or that might subject Us to public disparagement or scorn, or a name which is an official name of any well-known person or celebrity in any sphere of public life, as the case may be, PollYa reserves the right, without any prior notice to You, to restrict usage of such names.
Use of Our Platform and/or Our Services is subject to existing laws and legal processes. Nothing contained in these Terms of Use shall limit Our rights to comply with governmental, court, and law enforcement requests or requirements relating to Your use of the Platform.
OUR DUTIES AND OBLIGATIONS
We endeavor to provide You access to the Platform and standard support for the Services. However, we will not be liable for any losses arising out of Your dealings with Service Providers, or any other third party that You engage with through Our Platform, or for variations in Our Services caused due to factors outside Our control.
We will be responsible for providing You with accurate and updated information about Our Services and any polling, sharing, resharing or repolling that You participate in on the Platform. However, please note that We rely on third-party Service Providers to source some information and the accuracy and completeness of the information We provide is dependent on such third-parties.
We reserve the right, but not the obligation, to: (1) monitor the Platform for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in Our sole discretion, violates Applicable Law or these Terms of Use, including without limitation, reporting such User to law enforcement authorities; (3) in Our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of the User’s content on the Platform or any portion thereof; and (4) otherwise manage the Platform in a manner designed to protect Our rights and property and to facilitate the proper functioning of the Platform.
MORE ABOUT CERTAIN OFFERINGS ON THE POLLYA PLATFORM
Digests: When You sign up for the PollYa Platform, the service includes receipt of digests of content that may be of interest to You. You can opt out of receipt of the digests, and adjust other communication settings, by going to “Email and Notification” settings in Your account profile, as further described in our Privacy Policy.
Legal, Medical & Other Professional Contributors: Some Users who post content are members of legal, medical, and other licensed professions (collectively, “Professional Contributors”). Content posted by Professional Contributors should not be relied on as a substitute for advice from a professional that is appropriate for Your specific situation. PollYa has provided certain disclaimer template language that Professional Contributors may edit and incorporate in their answers. Ethics rules differ by state or location, and it is the responsibility of Professional Contributors to determine and provide disclaimers appropriate for their profession and the content provided.
Buttons, Links and Widgets: You have permission to use PollYa's buttons, links, and widgets, subject to these Terms of Service (including the disclaimers and limitations of liability) and provided that: (a) Your use of such buttons, links and widgets link only to the PollYa Platform; (b) You will not modify such buttons, links, or widgets or associated code in any manner; (c) You will not use any such buttons, links, or widgets in any manner which implies or suggests that PollYa endorses, sponsors, or recommends the website on which such buttons, links and widgets are used; and (d) the use of such buttons, links and widgets, and the website on which such buttons, links and widgets are used do not violate PollYa’s Acceptable Use Policy.
Web resources and third-party services: The PollYa Platform may also offer You the opportunity to visit links to other websites or to engage with third-party products or services. You assume all risk arising out of Your use of such websites or resources.
Reporting Violations of Your Intellectual Property Rights, PollYa Policies, or Applicable Laws: We have a special process for reporting violations of Your intellectual property rights or other violations of PollYa policies or applicable laws.
Reports of Other Violations: If You believe content on the PollYa Platform violates PollYa’s Acceptable Use Policy or otherwise violates applicable law or other PollYa policies, You may submit contact us our contact email.
We have no obligation to delete content that You personally may find objectionable or offensive. We endeavor to respond promptly to requests for content removal, consistent with Our policies and applicable law.
DISCLAIMERS AND LIMITATION OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF POLLYA ENTITIES TO YOU.
“POLLYA ENTITIES” MEANS POLLYA., AND ANY SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, LICENSORS AND PARTNERS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF EACH OF THEM. EACH PROVISION BELOW APPLIES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
WE ARE PROVIDING YOU THE POLLYA PLATFORM, ALONG WITH OUR CONTENT AND MATERIALS AND THE OPPORTUNITY TO CONNECT WITH OTHERS, ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, POLLYA ENTITIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY AND COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.
POLLYA MAKES NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR: (i) CONTENT POSTED BY ANY USER OR THIRD PARTY; (ii) ANY THIRD-PARTY WEBSITE, THIRD-PARTY PRODUCT, OR THIRD-PARTY SERVICE LISTED ON OR ACCESSIBLE TO YOU THROUGH THE POLLYA PLATFORM, INCLUDING AN INTEGRATED SERVICE PROVIDER OR PROFESSIONAL CONTRIBUTOR; (iii) THE QUALITY OR CONDUCT OF ANY THIRD PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE POLLYA PLATFORM; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT. POLLYA MAKES NO WARRANTY THAT: (a) THE POLLYA PLATFORM WILL MEET YOUR REQUIREMENTS; (b) THE POLLYA PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) THE RESULTS OR INFORMATION THAT YOU MAY OBTAIN FROM THE USE OF THE POLLYA PLATFORM, A PROFESSIONAL CONTRIBUTOR, OR ANY OTHER USER WILL BE ACCURATE OR RELIABLE; OR (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED OR PURCHASED BY YOU THROUGH THE POLLYA PLATFORM WILL BE SATISFACTORY.
YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, POLLYA ENTITIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, POLLYA ENTITIES SPECIFICALLY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE POLLYA PLATFORM.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE POLLYA PLATFORM IS TO STOP USING THE POLLYA PLATFORM.
WITHOUT LIMITING THE FOREGOING, POLLYA’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE POLLYA PLATFORM OR THIS AGREEMENT IS LIMITED TO THE AMOUNT PAID TO POLLYA IN CONNECTION WITH THE POLLYA PLATFORM IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
TAXATION
You are solely responsible to comply with the Applicable Laws related to Your use of the Platform and Our Services including, without limitation, to remit all taxes applicable in relation to Your transactions on the Platform to the relevant authorities.
You acknowledge and agree that PollYa is not responsible for determining or reporting the amount of any taxes You owe. PollYa reserves the right to deduct taxes and other authorized withholdings as may be required under Applicable Laws.
RESTRICTED JURISDICTION
The Service is not available to individuals and/or entities located in or residents of jurisdictions including but not limited to, North Korea, Timor-Leste, Cambodia, Republic of the Union of Myanmar, Lao People's Democratic Republic, Tanzania, Pakistan, Russia, Serbia, Tunisia, Uganda, Mali, Afghanistan, Albania, Angola, Botswana, Cameroon, Chad, Central African Republic, Eritrea, Ghana, Republic of Côte d'Ivoire, the Republic of Guinea, Guinea-Bissau, Somalia, Zimbabwe, Democratic Republic of the Congo, Republic of the Congo, Côte d’Ivoire, Ethiopia, Malawi, Montenegro, Mozambique, Madagascar, Crimea, Kyrgyzstan, Haiti, Azerbaijan, Bosnia and Herzegovina, Uzbekistan, Turkmenistan, Burundi, South Sudan, Sudan (north), Sudan (Darfur), Nicaragua, Vanuatu, the Republic of North Macedonia, the Lebanese Republic, Bahamas, Kosovo, Turkey, Iran, Iraq, Liberia, Libya, Syrian Arab Republic, Tajikistan, Uzbekistan, Ukaraine, Israel Yemen, Sri Lanka, Belarus, Bolivia, Trinidad and Tobago, and Venezuela where its use is prohitibted (Restricted Jurisdictions). This prohibition extends to citizens and residents of other nations while they are situated in a Restricted Jurisdiction.
Any attempt to circumvent these usage restrictions, including providing false information regarding location or residence, constitutes a breach of this Agreement. Any and all funds, including any Rewards or tokens, owned by individuals or entities located in Restricted Jurisdictions within the Service may be confiscated or returned at the sole discretion of the Platform. PollYa has the right to terminate/cease the User’s account upon the knowledge of PollYa that the User is from Restricted Jurisdiction.
INDEMNIFICATION
You agree to release, indemnify, and defend PollYa Entities from all third- party claims and costs (including reasonable attorneys’ fees) arising out of or related to: i) Your use of the PollYa Platform, ii) Your Content, iii) Your conduct or interactions with other Users of the PollYa Platform, or iv) Your breach of any part of this Agreement. We will promptly notify You of any such claim and will provide You (at Your expense) with reasonable assistance in defending the claim. You will allow us to participate in the defense and will not settle any such claim without our prior written consent. We reserve the right, at Our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by You. In that event, You will have no further obligation to defend us in that matter.
DISPUTE RESOLUTION
This Agreement and any action arising out of Your use of the PollYa Platform will be governed by the laws of India without regard to or application of its conflict of law provisions or Your state or country of residence. Unless submitted to arbitration as set forth in the following paragraph, all claims, legal proceedings or litigation arising in connection with Your use of the PollYa Platform will be brought solely in India, and You consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
For any claim (excluding claims for injunctive or other equitable relief) under this Agreement where the total amount of the award sought is less than $10,000 USD, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration will initiate the arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
GENERAL TERMS
Changes to these Terms of Service: We may amend this Agreement (including any policies, such as the Privacy Policy, Acceptable Use Policy, Copyright Policy, and Trademark Policy that are incorporated into this Agreement) at any time. Such notice will be at our sole discretion, and the manner of notification could include, for example, via email, push notice on the PollYa Platform, or other manner. You can view the Agreement and our main policies at any time. Your failure to cancel Your account, or cease use of the PollYa Platform, after receiving notification of the amendment, will constitute Your acceptance of the amended terms. If You do not agree to the amendments or to any of the terms in this Agreement, Your only remedy is to cancel Your account or to cease use of the PollYa Platform.
Governing Law and Jurisdiction: You agree that PollYa is operated in the India and will be deemed to be solely based in India and a passive service for purposes of jurisdictional analysis. For any claims for which arbitration is inapplicable, You agree that such claims will be brought in state court in Indian County, governed by laws of the state of India, without regard to any conflict of law provisions.
Use Outside of the India: PollYa expressly disclaims any representation or warranty that the PollYa Platform complies with all applicable laws and regulations outside of the India. If You use the PollYa Platform outside of India, You expressly understand and agree that You are responsible for determining compliance with different laws, regulations, or customs that may apply in connection with Your use of the PollYa Platform.
Assignment: You may not assign or transfer this Agreement (or any of Your rights or obligations under this Agreement) without Our prior written consent; any attempted assignment or transfer without complying with the foregoing will be void. We may freely assign or transfer this Agreement. This Agreement inures to the benefit of and is binding upon the parties and their respective legal representatives, successors, and assigns.
Electronic Communications: You consent to receive communications from Us by email in accordance with this Agreement and applicable law. You acknowledge and agree that all agreements, notices, disclosures and other communications that We provide to You electronically will satisfy any legal requirement that such communications be in writing.
Entire Agreement Severability: This Agreement supersedes all prior terms, agreements, discussions and writings regarding the PollYa Platform and constitutes the entire agreement between You and Us regarding the PollYa Platform (except as to services that require separate written agreement with us, in addition to this Agreement). If any provision in this Agreement is found to be unenforceable, then that provision will not affect the enforceability of the remaining provisions of the Agreement, which will remain in full force and effect.
Interpretation: In construing or interpreting the terms of this Agreement: (i) the headings in this Agreement are for convenience only, and are not to be considered, and (ii) no presumption is to operate in either party’s favor as a result of its counsel’s role in drafting this Agreement.
Notices: All notices permitted or required under this Agreement, unless specified otherwise in this Agreement, must be sent in writing as follows in order to be valid: (i) if to You, by Us via email to the address associated with Your account, and (ii) if to us, by You via legal@PollYa.com. Notices will be deemed given (a) if to You, when emailed, and (b) if to Us, on receipt by Us.
Relationship: This Agreement does not create a joint venture, agency, partnership, or other form of joint enterprise between You and us. Except as expressly provided herein, neither party has the right, power, or authority to create any obligation or duty, express or implied, on behalf of the other.
Waiver: No waiver of any terms will be deemed a further or continuing waiver of such term or any other term. Our failure to assert a right or provision under this Agreement will not constitute a waiver of such right or provision.
Further Assurances: You agree to execute a hard copy of this Agreement and any other documents, and to take any actions at our expense that We may request to confirm and effect the intent of this Agreement and any of Your rights or obligations under this Agreement.
Contact: Feel free to contact Us through info@PollYa.com with any questions about these Terms of Service. Email: info@pollya.com