Terms of Use
Welcome to Essential Poll! Essential Poll is an online service (Service) provided
by Essential Objects, Inc. (Essential Objects) that allows you to create online
polls and surveys. The service provided to you is subject to the following Terms
of Service ("TOS"), which may be updated from time to time without notice to you.
By accessing and using the service, you accept and agree to be bound by this agreement.
If you do not agree to the terms and conditions of this agreement, please do not
sign up the service. Use of the service constitutes acceptance of this TOS.
Service and Account Levels
Currently two account levels are provided: Free account and Pro account. Free account
is provided to you free of charge but may include feature/data volume restrictions.
You also understand and agree that Essential Objects may include additional links
or advertisements in polls/surveys running under a free account. Polls/surveys running
under a Pro account shall not include such links or advertisements.
For all account levels, you can create unlimited polls/surveys. However Essential
Objects Inc. reserves the right to block any users who we deem to be using an unfair
amount of our server resources or who submit an excessive amount of data in a short
period of time.
For all account levels, you are responsible for obtaining access to the service,
and that access may involve third-party fees (such as Internet service provider
charges). You are responsible for those fees.
Pro Account
Term and Renewal
The initial term of this agreement shall be month to month if you sign up for the
monthly payment plan and shall be year to year if you sign up for the yearly payment
plan. This agreement is automatically renewed on the monthly or yearly anniversary
of the initial service start date unless cancelled or terminated either by you or
by Essential Objects pursuant to the express terms of this agreement. Essential
Objects may cancel or elect not to renew the service for any reason or no reason
at all by notifying you of non-renewal at least fifteen (15)
days prior to the expiration of the initial term of then-current renewal period,
as applicable.
Account Cancellation
You may request to cancel your service at any time. Essential Objects shall process
the cancellation request promptly. In case you have a multi-month or yearly plan,
a prorated refund for any unused month shall also be issued.
Essential Objects may terminate this agreement any time without liability, upon
the occurrence of any of the following events: (a) Your failure to pay any overdue
amount within 5 business days after notification from Essential Objects; (b) Your
material branch or violation of any provision of this agreement and not cured within
forty-eight (48) hours after notification from Essential Objects; (c) You exhibit
abusive behavior towards Essential Objects. In such events listed above Essential
Objects shall have no obligation to refund any funds paid in advance by you.
Upon termination of the service, Essential Objects and you shall have no obligation
to each other. Under normal circumstance, your account will be switched back to
Free account upon termination of your Pro account. You can continue to use your
Free account to access any poll/surveys that were previously created under your
Free account, however you can not access any poll/surveys that were created under
your Pro account.
Payment
You agree to pay all charges in U.S. dollars. In case your primary currency is not
U.S. dollars, your financial institution may convert the charge for you and they
may impose a fee for such service. You shall be solely responsible for such fees.
Except as otherwise provided for herein, all charges shall be invoiced to you and
paid in advance of the initial term and each renewal term and shall be due and payable
upon receipt. Essential Objects may suspend your Pro account and switch your account
back to Free account if you fail to pay any past due within five (5) days after
notification from Essential Objects.
Member Conduct
You agree not to use the service to:
- Upload, post, email, transmit, or otherwise make available any content that is unlawful,
harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, racially,
ethnically, or otherwise objectionable
- Upload, post, email, transmit, or otherwise make available any content that infringes
any patent, trademark, trade secret, copyright, or other proprietary rights of any
party
- Interfere with or disrupt the Service or networks connected to the Service
or disobey any requirements, procedures, policies or regulations
- Intentionally or unintentionally violate any applicable local, state, national, or
intentional laws
- To stalk or otherwise harass another; or collect or store personal data about other
users
- To impersonate another or create a false identity or other misrepresentations of an
affiliation with a person or entity
- To cause harm to minors
- To use any robot, spider, or other automatic device or manual process to monitor
or copy Essential Poll content without prior written permission from Essential Objects,
Inc.
Contribution and Feedbacks
You may submit ideas, suggestions, documentations, and/or proposals (Contributions)
to Essential Objects through various channels. By doing so you acknowledge and agree
that: (a) Your Contributions do not contain confidential or proprietary information
(b) Essential Objects is not under any obligation of confidentiality, express or
implied, with respect to the Contributions (c) Essential Objects shall be entitled
to use or disclose (or choose not to use or disclose) such Contributions for any
purpose in any way, in any media worldwide (d) Your Contributions automatically
become the property of Essential Objects without any obligation; (e) You are not
entitled to any compensation or reimbursement unless otherwise stated.
Indemnity
You agree to indemnify and hold Essential Objects and its subsidiaries, affiliates,
officers, agents, employees, partners, and licensors harmless from any claim or demand,
including reasonable attorney's fees, made by any third party due to or arising
out of content you submit, post, transmit, or otherwise make available through the
Service, your connection to the Service, your violation of the TOS, or your violation
of any rights of another.
Not for Resale
You agree not to reproduce, duplicate, sell, resell, rebrand, or exploit
the Service for any other commercial purposes.
Copyright
You acknowledge that all materials related to the Service are owned by Essential
Objects and are protected by United States copyright laws and international treaty
provisions. You acknowledge that all rights, titles, and interests in and to these materials
belongs solely and exclusively to Essential Objects.
NO WARRANTY
ANY USE BY YOU OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED FOR USE
"AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, AND NONINFRINGEMENT.
LIMITATION OF LIABILITY
IN NO EVENT SHALL ESSENTIAL OBJECTS OR ITS LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, INCIDENTAL, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL
DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE
THIS SERVICE, EVEN IF ESSENTIAL OBJECTS HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. BECAUSE SOME STATES/ COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU.
Contact Information
If you have any further questions regarding this agreement, Please
contact us.