Terms & Condition
Last modified: March 1,2016
This Agreement shall have the same legal effect and force as a written and signed document. If you do not agree to or accept the TOU or any part thereof, do not access or use the Sites and exit the page.
We reserve the right to change this TOU from time to time without notice. You acknowledge and agree that it is your responsibility to review this TOU periodically to familiarize yourself with any modifications. Your continued use of the Sites after such modifications will constitute acknowledgment and agreement of the modified terms and conditions. The site is available only to individuals who are at least 13 years old.
This Document is prepared in accordance to Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011.
1. Ownership of the Information, Materials and Site
You expressly agree and acknowledge to the fact that the site contains information, text, Site, photos, video, graphics, music, sounds, polls, brand information and other material (called "Materials") that are protected by copyrights, trademarks, trade secrets, patents or other proprietary rights (called "Intellectual Property Rights"), that these Intellectual Property Rights are valid and protected in all forms, media and technologies existing now or developed later, and that all right, title and interest in and to these Materials, including but not limited to all Intellectual Property Rights, belong solely and exclusively to Ollivander's Technologies Private Limited, the owners and creators of AskByPoll.
2. Information Usage and Site Material
The license granted herein is non-exclusive, personal to you and is non-transferable to a third party.
2.1. Except as you may be expressly permitted otherwise by this Agreement, you may not use, modify, adapt, reformat, download, upload, post, reproduce, broadcast, publish, display, perform, transfer or redistribute any Materials in any form, format or media or by means of any technology without obtaining the prior written authorization of the owners and creators of AskByPoll and any other owner of the Intellectual Property Rights in such Materials.
2.2. If you reproduce Materials from the site, as permitted by this Agreement, you must preserve any copyright, trademark or other notices contained in or associated with them. This means, among other things, that if the specific Material you are reproducing does not contain the relevant notices that appear on the website, you must go to the place on the website where such notices appear and copy them into the Materials you are reproducing including mentioning and giving the source of the information.
2.3. All copyrights and copyrightable materials which are a part of AskByPoll including, without limitation, the AskByPoll logo, text designs, graphics, photos, pictures, files, Site, applications, code, hidden text, databases and other files and the selection and arrangement thereof constitute as Intellectual Property as owned by Ollivander's Technologies Private Limited.
2.4. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, transferred, sold, used to create derivative works, performed, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without giving the due credit to the site and Ollivander's Technologies Private Limited. Site may not be reverse engineered unless specifically authorized by the owner of the Site's patent and/or copyright.
2.5. AskByPoll, Ollivander's Technologies Private Limited, AskByPoll.com, the AskByPoll logo, the AskByPoll logo, graphics, and icons in the Site are trademarks, service marks, trade dress, and/or registered trademarks of Ollivander's Technologies Private Limited, and may not be copied, imitated or used, in whole or in part, without the prior written permission of AskByPoll Ltd.
2.6. Permission is granted to display and download Contents of AskByPoll for personal, non-commercial and informational use only; provided that you do not, without the permission of AskByPoll or the respective copyright owner, alter the Contents to display the Contents without the AskByPoll Copyright notice and these Intellectual Property Guidelines.
2.7. Any unauthorized use of intellectual property will immediately without fail terminate the user's subscription and also constitute the violation of the applicable law. All violations will be prosecuted and all infringing parties will be pursued to the full extent of the law. If you wish to request permission to reproduce Materials from the website for other than the specifically authorized educational purpose, or if you have any questions about the proper way to include such notices, you can seek the same using the contact us page on AskByPoll.com.
3. This Agreement
This Agreement is the entire agreement between the owners and creators of AskByPoll and You with respect to the Site. Headings in this Agreement are for your convenience only and do not have any legal meaning or effect. If incase any part of this Agreement is ever proved as invalid, the rest of this Agreement will still remain in full effect and as is and the invalid part shall not be considered a part of this Agreement. If, at any time the owners and creators of AskByPoll.com waive or fail to enforce any term or condition of this Agreement on any one, whether by conduct or otherwise, its waiver or failure to enforce will not mean that it cannot enforce such term or condition on any other occasion, or any other term or condition of this Agreement. The meaning of this Legally Binding Agreement cannot be changed by your or AskByPoll's conduct, even if repeated, or by any custom or practice of other users engaged in the same or similar businesses.
4. Prohibited Uses
You agree NOT to use the AskByPoll Site for any of the following purposes or activities:
4.1. The creation, transmission of or posting of any message, data, text, information, Site, files, graphics, material or other Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or public’s rights;
4.2. Any kind of interference with or disruption to the Site's services or network, including, but not limited to, attempting to gain unauthorized access to the Service, other user accounts, computer systems, servers or networks connected to the Service, through password mining or any other means;
4.3 Any kind of data mining, data theft, hack to steal data;
4.4. To transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful, destructive or deleterious programs;
4.5. In connection with any pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages;
4.6. To impersonate another or create a false identity or otherwise misrepresent an affiliation with a person or entity;
4.7. To cause harm to minors;
4.8. To infringe another's patent, trademark, copyright, trade secret, or other intellectual property;
4.9. To violate another's privacy;
4.10. To violate any applicable laws, statutes or regulations;
4.11. To stalk;
4.12. To violate any regulations of the Law of the Land;
4.13. To use any robot, spider, or other automatic device, or manual process to monitor or copy AskByPoll content without AskByPoll's prior express written permission;
4.14. To post a link, address or other contact to any site which is for any of the above purposes; or
4.15. To defame another individual or entity.
4.16. To create, duplicate or transmit any pornography
5. Termination of this Agreement
The owners and creators of AskByPoll may, in their sole and absolute discretion, and with or without notice, suspend or terminate your access to the Site, or terminate this Agreement and thus your rights to use the Site, for any conduct or use (whether by you or anyone else using your login) that the owners and creators of AskByPoll believe is a violation of this Agreement or for any other conduct or use that the owners and creators of AskByPoll believes is harmful to other users or to the website or the interests of the owners and creators of AskByPoll.
6. Disclaimer of Warranties
6.1. THE SITE AND ALL INFORMATION, MATERIALS ACCESSIBLE THROUGH THE SITE ARE PROVIDED ON AN "AS-IS," "AS-AVAILABLE" BASIS. THERE ARE NO WARRANTIES, EXPRESSED OR IMPLIED OF ANY KIND, BY OPERATION OF LAW OR OTHERWISE, REGARDING OR RELATING TO PRODUCTS, SITE OR WEBSITES FURNISHED TO SUBSCRIBERS UNDER THIS AGREEMENT OR IN CONNECTION WITH THE SITE. ASKBYPOLL AND OLLIVANDER’S TECHNOLOGIES PVT. LTD. EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESSED AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
6.2. You expressly agree to the fact that your use of the Site is at your sole risk. The owners and creators of AskByPoll do not warrant that the Site will be uninterrupted or error free; nor does it make any warranty as to the results that may be obtained from your use of the Site, or as to the accuracy, reliability, completeness, or content of any information, website, Site or merchandise that may be provided through the Site. No statement, information or advice, including, but not limited to, statements regarding capacity, suitability for use or performance, whether made by the owners and creators of AskByPoll, employees, reseller or other representative or otherwise, which are not contained in this agreement shall be deemed to be a warranty by the owners and creators of AskByPoll for any purpose or give rise to any liability of AskByPoll whatsoever, and you agree that you will not at any time rely on any such statement, information or advice provided.
6.3. Where the owners and creators of AskByPoll are only a distributor, rather than a publisher, of Materials accessible through the Site, the owners and creators of AskByPoll exercise no more editorial control over such Materials. The views and opinions expressed in such information are not owned or controlled by AskByPoll or its content providers or licensors. Neither the owners nor creators of AskByPoll nor its content providers or licensors make any warranties or representations regarding the accuracy, adequacy, truthfulness, completeness, or usefulness of such information.
6.4. AskByPoll at all times reserves the right to modify or replace any part of this Agreement at its sole discretion. It is your responsibility to check this Agreement periodically for changes. Your continued use of the Site following the posting of any changes to this Agreement constitutes acceptance of those changes. AskByPoll may also, in the future, offer new services, tools and/or features in the Site. Such new features and/or services shall be subject to the terms and conditions of this Agreement on as-is basis.
7. Limitation of Liability
7.1. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL ASKBYPOLL OR OLLIVANDER’S TECHNOLOGIES PVT. LTD., BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OF ANY KIND INCLUDING BUT NOT LIMITED TO INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES THAT ARISE FROM LOSS OF ANTICIPATED REVENUE, LOSS OF INFORMATION OR MATERIAL OF ANY KIND, LOST PROFITS, LOSS OF BUSINESS AND INJURY TO PROPERTY, EVEN IF ASKBYPOLL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT ARISE IN CONNECTION WITH OR RESULT FROM YOUR USE OF OR INABILITY TO USE THE SITE INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE ON ANY MATERIALS, CONTENT, INFORMATION, WEBSITES, OR MISTAKES, OMISSIONS, INTERRUPTIONS, COMMUNICATIONS FAILURE, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, OR THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS OF ANY KIND TO YOUR RECORDS, PROGRAMS, WEBSITES.
7.2 The resources on website's that can be accessed with hypertext links from or using AskByPoll are not maintained by AskByPoll, and AskByPoll is not responsible for the availability or accuracy or such sites or resources, or the content, advertising, or products on or available from such sites or resources. Such sites where such links are found may be governed by legal notices and privacy policies, which differ from those of this Site.
8. Indemnification by You
You as being the user of the Site agree to defend, indemnify and hold harmless the owners and creators of AskByPoll and its Related Parties from any kind of claims and expenses, including but not limited to a reasonable lawyer’s fees, related to any violation of this Agreement by your use of the Site, or in connection with the placement or transmission by you of any material using the Site except as expressly authorized in this Agreement.
The owners and creators of AskByPoll may give you a notice by electronic mail or by conventional mail (whichever is convenient). Such Notice shall be effective on the date that the owners and creators of AskByPoll make a good faith effort to reach you. You shall give notice to the owners and creators of AskByPoll as stated below. Notice by you shall be effective on the date that the owners and creators of AskByPoll actually receive the notice.
[email protected], No. 57/52, 3rd Floor, Comfort Enclave, Flat No.301, 17th Cross, 7th Main, N.S Palya, BTM 2nd Stage, Bangalore – 560076
10. Privacy Information
By using the Site, you are agreeing that the owners and creators of AskByPoll may at any given point of time collect, use, sell, license and otherwise distribute the demographic data about users in aggregated form (so that no user is personally identifiable) to assist in market evaluation and for other purposes as reasonably determined by the owners and creators of AskByPoll.
11. Contact Information
For further information or support regarding this web site, you are encouraged to contact the owners at … Ollivander's Technologies Private Limited, No. 57/52, 3rd Floor, Comfort Enclave, Flat No.301, 17th Cross, 7th Main, N.S Palya, BTM 2nd Stage, Bangalore – 560076. or by mail at: [email protected]
12. Payment for Monthly Package
12.1. All users can post free content on AskByPoll, however AskByPoll offers a special B2B service for Brands or Companies who wish to generate user content through public polls. Payments in that case will be charged on a monthly pre-pay basis for the term of the contracted period from the day you sign up for an Upgrade.
12.2. For paid users, AskByPoll shall generate content including but not limited to polls required which shall be displayed on the homepage, sent to users via email using email widget, displayed on the company’s website using a website widget, manual survey, etc.
12.3. AskByPoll will have no obligation to provide a refund of such fee paid and AskByPoll takes no responsibility of the usefulness of the data.
13. AskByPoll User Terms
13.1. Unlimited polls, trivia can be created in a user's account. An unlimited number of responses may be made in any poll, survey or quiz but we reserve 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 votes in a short period of time.
13.2. All voter data shall be saved at our servers for forecasting.
13.3. We reserve the right to delete any free account that has been inactive for 90 Days
13.4. All polls created in the "AskByPoll" accounts have the option to set their polls as Private, Protected, Anonymous and Prediction. Polls created can also be sent to Groups that can be created by the users or company admins.
13.5. All accounts allow unlimited creation of content, however all accounts are limited by the bandwidth they generate. If you intend to use our content on sites that have high traffic, you may want to contact us before.
14.1. This Agreement is personal to you, and you may not assign, transfer or delegate your rights or obligations to anyone.
14.2. In the event that any provision of this Agreement is held to be invalid or unenforceable, pursuant to judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable as-is according to its terms.
14.3. You acknowledge that the owners and creators of AskByPoll will be irreparably harmed by any breach of this Agreement by you, if any or by your unauthorized use of the Materials or the website if any, and further, that monetary damages may not be a sufficient remedy for such harm. You agree that the owners and creators of AskByPoll shall be entitled, without waiving any other rights or remedies and without further demonstration of irreparable harm or the inadequacy of monetary damages, to obtain injunctive or other equitable relief in the event of any breach of this Agreement by you or by your unauthorized use of the Materials or the Site.