Terms of Service

By using the polleverywhere.com web site (“Service”), a service of Poll Everywhere, Inc. (“Poll Everywhere”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

Poll Everywhere reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.polleverywhere.com/terms/

Account Terms

  1. You must be 13 years or older to use this Service.
  2. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
  3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  4. Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you'd like.
  5. You are responsible for maintaining the security of your account and password. Poll Everywhere cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  6. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
  7. If you are using a free account you are not permitted to block ads.
  8. One person or legal entity may not maintain more than one free account.
  9. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Multiple Tenant Accounts

Any customer using Poll Everywhere as a service provider in the capacity of acting as an improvised re-seller, service provider, or any other use in connection with a 3rd party which is not within the customer's own legal organization, must purchase separate accounts for each client, project, or other use. Customer may not use a single account or login with multiple separate 3rd party entities. Attempts to do so may result in additional charges to your account to account for separate 3rd party entity usage or may be grounds for termination of your account and all privileges of the system at the discretion of Poll Everywhere. Customers wishing to do multi-tenancy in which a single account or login to be used with multiple, separate 3rd parties are allowed to do so when subscribed the Platinum plan. See plans and pricing for more details.

Termination

Poll Everywhere, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Poll Everywhere service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Poll Everywhere reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

Poll Everywhere reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

Poll Everywhere shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership

We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. Your Content is publicly searchable unless you opt out. If you opt out of sharing but distribute links to your Content, you agree to allow anyone to view and share that Content.

Poll Everywhere does not pre-screen Content, but Poll Everywhere and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.

SMS Text Messaging

Poll Everywhere SMS text messaging services are offered in the US on the following carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, Cellular One, US Cellular, Virgin & Cricket, Alltel.

Poll Everywhere is not primarily an SMS marketing or campaign management tool - it is a data collection tool. Regardless, Poll Everywhere will conform to current Mobile Marketing Association Best Practices.

The nature of SMS text message interaction with Poll Everywhere is transactional, not subscription-based. Poll Everywhere only sends text messages to mobile phones in immediate response to a Mobile Originated message to our short code, which is 22333 in the United States. These messages serve to confirm that a Mobile Originated message was received, and in some cases, provide additional follow-up information.

Poll Everywhere will not rent, sell, or otherwise share the phone numbers of people who send text messages with any Poll Everywhere users or third parties of any kind. Phone numbers are used internally for correlating answers between polls and for preventing multiple text message responses on the same poll, if the poll creator wishes to do so.

General Conditions

Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.

You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Poll Everywhere, or any other Poll Everywhere service.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Poll Everywhere.

We will remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Poll Everywhere customer, employee, member, or officer will result in immediate account termination.

You understand that the technical processing and transmission of the Service, including your Content, may be transfered unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

By using the Service, you warrant that you have received permission from your organization for Poll Everywhere to use your organization's name, brand, trademark, and logo in promotional materials and reference your organization as a Poll Everywhere user or customer. Poll Everywhere will honor all requests from organizations who wish to have their logo removed from our promotional materials.

You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.

You must not transmit any worms or viruses or any code of a destructive nature.

Poll Everywhere reserves the right to renegotiate or terminate accounts that incur high SMS fees over prolonged periods of time, tamper with metering, or abuse generally acceptable and reasonable quantities of voting and polling.

If your bandwidth usage exceeds 250 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by Poll Everywhere) of other Poll Everywhere customers, we reserve the right to immediately disable your account or throttle your account until you can reduce your bandwidth consumption.

Poll Everywhere does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.

You expressly understand and agree that Poll Everywhere shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Poll Everywhere has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) termination of your account; or (vi) any other matter relating to the service.

The failure of Poll Everywhere to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Poll Everywhere and govern your use of the Service, superceding any prior agreements between you and Poll Everywhere (including, but not limited to, any prior versions of the Terms of Service).

Questions about the Terms of Service should be sent to questions at polleverywhere dot com.