PollBuzzer Terms & Conditions


BY USING THIS WEB SITE, YOU ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT ACCESS THIS SITE.

TERMS OF USE EFFECTIVE DATE: February, 2012

LAST UPDATED: February, 2012

Welcome to PollBuzzer.com (the “Site”), a web service owned and operated at the domain(s) PollBuzzer.com by Dandel Enterprises, Inc., a Delaware corporation (the “Company”). The Company provides a service (the “Service”) that allows visitors to the Site (“Visitors”) the ability to submit answers to questions on topics of interest in exchange for compensation in the form of cash or other rewards. Please review these Site Terms of Use ("Terms of Use"), which govern your use of the Site. In this document, "you" means the person or company using this Site; "we" or "us" means the Company and its affiliates; and "both of us" means both you and us;

These Terms of Use discuss important limitations about the way you may use and rely upon materials you find on the Site. Read the Terms of Use carefully; by using this Site, you will be deemed to have accepted them. If you do not accept the Terms of Use, you may not use this Site. Use of the Site is permitted only by Visitors who can form legally binding contracts under applicable laws. Without limiting the foregoing, you must be at least 13 years old to submit answers to questions and receive compensation.

These Terms of Use are posted at PollBuzzer.com/About/Terms, along with the most recent date on which the Terms of Use were updated. Notice of an update to the Terms of Use may or may not be posted on other Site pages, so you should check this URL regularly for updates. Continued use of the Site following an update to the Terms of Use will constitute your acceptance of such updated Terms of Use.

  1. Site Contents, Ownership, And Use Restrictions

  2. You may view and download the materials at this Site only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not modify the materials at this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. Any use of these materials on any other website or networked computer environment for any purpose is prohibited.

    The materials at this Site are copyrighted and any unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. We and our affiliates and suppliers expressly reserve all intellectual property rights, which are not expressly granted in these Terms of Use.

  3. Links to Other Sites

  4. Links to other sites from this Site are provided solely for your convenience. We are not responsible for the content of any other sites, nor do we make any representations about the content or accuracy of material on any other sites. We do not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any third party sites linked to this Site, you do this entirely at your own risk.

  5. Use of Software

  6. If you download software from this Site ("Software"), the use of the Software is subject to the license terms in the Software License Agreement that accompanies or is provided with the Software. If a Software License Agreement does not accompany or is not provided with the Software and the Software is sample or beta code or is provided for evaluation purposes, then contact us for the applicable Software License Agreement. You may not download or install the Software until you have read and accepted the terms of the applicable Software License Agreement.

  7. PAYMENT

  8. We compensate users for responses to survey questions according to the schedule posted at PollBuzzer.com. All amounts are quoted in U.S. Dollars. Payments are made using PayPal (www.paypal.com), or if a user has chosen to direct PollBuzzer to make a donation to a not-for-profit, in a monthly contribution to that not-for-profit from PollBuzzer. We will make PayPal payments of applicable cash amounts, less any payment processing fees, within fifteen (15) days of the end of each calendar month for all contributions made during the previous calendar month, or upon your request to cash out using PayPal. Each user may register only one PayPal account with PollBuzzer, and each PayPal account may be registered by only one user. In the event that you request closure of your PollBuzzer account, PollBuzzer will maintain a record of your PayPal email address in order to prevent the fraudulent use of your account. You are responsible for paying all applicable taxes and for all expenses incurred by you in connection with posting contributions or otherwise performing your obligations under this Agreement. We may be obligated by law to obtain tax information from you. If we request tax information from you and you do not provide it, we may (in addition to any other rights or remedies available to us) withhold compensation until you provide this information or otherwise satisfy us that you are not a person from whom we are required to obtain tax information.

  9. Independent Contractor Relationship

  10. Nothing in this Agreement is intended or should be construed to create a partnership, joint venture, or employer-employee relationship between us and you. You will take no position with respect to or on any tax return or application for benefits, or in any proceeding directly or indirectly involving us that is inconsistent with your being an independent contractor (and not an employee) of PollBuzzer.com or Dandel Enterprises, Inc.. You are not our agent and you are not authorized, and must not represent to any third party that you are authorized, to make any commitment or otherwise act on our behalf. Without limiting the generality of the foregoing:

    You are not entitled to or eligible for any benefits that we may make available to our employees, such as group insurance, profit-sharing or retirement benefits. Because you are an independent contractor, we will not withhold or make payments for social security, make unemployment insurance or disability insurance contributions, or obtain workers’ compensation insurance on your behalf. If, notwithstanding the foregoing, you are reclassified as our employee by the U.S. Internal Revenue Service, the U.S. Department of Labor, or any other federal, state or foreign agency as the result of any administrative or judicial proceeding, you agree that you will not, as the result of such reclassification, be entitled to or eligible for, on either a prospective or retrospective basis, any employee benefits under any plans or programs established or maintained by us.

    You are solely responsible for filing all tax returns and submitting all payments as required by any federal, state, local, or foreign tax authority arising from payments to you under this Agreement, and you agree to do so in a timely manner. If applicable, we will report amounts paid to you under this Agreement by filing Form 1099-MISC with the Internal Revenue Service as required by law.

    You will comply with all applicable federal, state, local, and foreign laws governing self-employed individuals, including laws requiring the payment of taxes, such as income and employment taxes, and social security, disability and other contributions.

  11. Our Use of Your Submissions

  12. We do not want to receive confidential or proprietary information from you through this Site.

    You agree that any material, information, and ideas that you transmit to this site or otherwise provide to us ("Transmissions") will be treated as non-confidential and non-proprietary and we shall be under no obligation of any kind with respect to such information and shall be free to reproduce, make derivative works from, use, disclose, market, sell and otherwise distribute the Transmissions to others without limitation. Additionally, we shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing, or marketing products incorporating such information.

    Personally identifiable information that you submit to us for the purpose of receiving products or services will be handled in accordance with our Privacy Policy. In addition, you consent to the collection, processing and storage by us of your personal information in accordance with the terms of our Privacy Policy, which is available at PollBuzzer.com/About/Privacy.

  13. Your Conduct

  14. Within this Site and all our other web properties you are not allowed to:

    • Post or transmit to or from this Site any unlawful, threatening, libelous, defamatory, inflammatory, pornographic, or profane material or any other material that could give rise to any civil or criminal liability under law.
    • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
    • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
    • Advertise or offer to sell or buy any goods or services for any business purpose.
    • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
    • Restrict or inhibit any other user from transmitting or posting Transmissions.
    • Harvest or otherwise collect information about others, including e-mail addresses.
    • Violate the security features of the Site, directly or indirectly, such as by (1) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures unless we expressly authorize you to do so in writing; (3) attempting to interfere with service to any user, host or network, such as by means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (4) sending unsolicited email, including promotions and/or advertising of products or services; or (5) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.

    You may have only one active account at any time.

    Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. PollBuzzer reserves the right to void the earnings in your account if it is determined that those earnings have been generated fraudulently, such as by use of a computer to automatically respond to PollBuzzer survey questions. By using the Site, you hereby agree not to use any device, software or routine to interfere or try to interfere with the proper working of this Site or any activity being conducted on this Site.

  15. No Automated Searching

  16. You may not use or try to use any engine, software, tool, agent or other device or mechanism (including browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents which we make available for use on this Site and other than generally available third party web browsers.

  17. Disclaimer of Warranty

  18. THE MATERIALS (INCLUDING ALL SOFTWARE) AND SERVICES AT THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Our obligations with respect to our products and services are governed solely by the agreements under which they are provided and nothing on this Site should be construed to alter such agreements. Furthermore, we do not warrant the accuracy and completeness of the materials, software or services at this Site. We may make changes to the services at this Site at any time without notice. Information published at this Site may refer to products, programs or services that are not available in your country. Consult your local business contact for information regarding the products, programs and services that may be available to you. Applicable law may not allow the exclusion of implied warranties, so this exclusion may not apply to you.

  19. Limitation of OUR Liability

  20. UNDER NO CIRCUMSTANCES SHALL WE OR OUR SUPPLIERS BE LIABLE TO ANYONE ON ACCOUNT OF THE USE OR MISUSE OF OR RELIANCE ON THE SITE OR SERVICES PROVIDED ON THE SITE, ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF WE OR OUR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE OR SERVICES PROVIDED ON THE SITE, FROM INABILITY TO USE THE SITE OR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE, SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE OR SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

    SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

  21. Indemnity

  22. You agree to indemnify and hold us, our subsidiaries, and affiliates, and their officers, directors, employees and agents harmless from and against any and all liability, losses, claims, demands, disputes, damages or costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation, resulting from or in any way connected with (a) Transmission or other content you submit or that are submitted from computers under your control, (b) your connection to the Site, (c) your violation of this Terms of Use, or (d) your violation of any rights of another party.

  23. Availability

  24. We reserve the right at any time and from time to time to modify, suspend, discontinue or terminate the Site (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, discontinuation or termination of the Site. Our permission to you to use this Site terminates automatically if you breach any of these Terms of Use. Sections 4, 5, 6, 9, 10, 11, 12, 13 and 17 shall survive any termination or expiration of these Terms of Use.

  25. General

  26. You agree that in the event any portion of these Terms of Use are found to be unenforceable, the remainder of these Terms of Use shall remain in full force and effect and the otherwise unenforceable portion shall be amended so as to be enforceable to the greatest extent permitted by law.

    Massachusetts law and controlling U.S. federal law govern any action related to the Terms of Use and your use of the Site. Choice of law rules of any jurisdiction and the United Nations Convention on Contracts for the International Sale of Goods will not apply to any dispute under these Terms of Use. Each of us agree to submit to the personal and exclusive jurisdiction of the courts located within Suffolk County, Massachusetts, U.S.A.

  27. Export Control

    You may not use or export or re-export the materials or services at this Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations.

  28. Caution Concerning Dated Material:

  29. The passage of time can render information contained in, or linked to, this Site stale. The Company is not responsible for any misimpressions which may result from the reading of dated material. Viewers should consider the dates of issuance of all items and information contained in, or linked to, this Site. We do not undertake any duty to update, to supplement, to correct, to comment upon or to modify any information contained in the Site or any web site to which it is linked, if any.

  30. Procedure for making claims of copyright infringement

  31. In accordance with the Digital Millennium Copyright Act (17 USC § 512), we are registered with the US Copyright Office as a Service Provider. Any notifications of claimed copyright infringement must be sent to our Designated Agent. The Designated Agent is our Chief Executive Officer, telephone number (917) 750-7196. Notification should be mailed to 245 1st Street, Suite 1819, Cambridge, MA 02139 or sent via e-mail to noah@pollbuzzer.com.

  32. Copyright & Trademark Information

This Site and its contents are copyright © 2017 Dandel Enterprises, Inc. The name PollBuzzer and the COMPANY logo are registered or trademarks of Dandel Enterprises, Inc. in the United States and in other countries.