Welcome to IQ Polls! We invite you to access our web site and use the IQ Polls Service, but please note that your invitation is subject to your review and agreement with these Terms of Service. This document describes in detail your rights and our rights relating to the Service, so please review these Terms carefully.
All IQ Polls services that are included in Personal and Corporate plans are called Premium Services.
When you purchase Premium Services, your payment to IQ Polls will automatically renew at the end of the subscription period, unless you cancel your Paid Subscription through your subscription page before the end of the current subscription period by choosing Free Service.
What Are The Terms of Service?
What Is The IQ Polls Service?
The IQ Polls Service consists of IQ Polls software, and other products, services and web sites hosted or made available by IQ Polls, which enable you to do many wonderful things on multiple computer devices and systems (collectively, the 'Service'). However, the Service is only a platform and it is limited only to storage of polls, texts, images, comments and anything else that is made available by the Users (as defined below) while using IQ Polls Service (collectively, the 'Content'), and giving the people (audience) chosen by the Registered-Users the possibility to view and use such Content. IQ Polls does neither contribute any Content nor analyze, evaluate, change, amend, monitor or control in any way the Content contributed by the Users. From time to time IQ Polls has to adapt the Content for certain technical purposes (e.g., making sure the Content is viewable on smart phones, other portable media, as well as computers); however, when doing this in no event does IQ Polls modify or otherwise intervene in the content of the Content.
All the users who create or otherwise make available any Content on IQ Polls (the Registered Users, as defined below), as well as the audience and other users of the Content made available on IQ Polls (the Non-registered Users, as defined below), are deemed to be the users of the Service. In exchange for being enabled to use the Service, you agree to abide by these Terms.
If This Is A Contract, Who Are The Parties?
You are one party to the contract. If you use the Service in order to create or otherwise make available any Content on IQ Polls (for example, in order to create a poll), you will be referred to as the 'Registered User'. If you use the Service as the audience (for example, in order to vote), you will be referred to as the 'Non-registered User'. Both the Registered User and the Non-registered User are collectively referred to as the 'Users'.
The other party to this contract is Universal Polls, Ltd, an enterprise headquartered in Manchester, UK. More information on Universal Polls.
Will These Terms Of Service Ever Change?
Changes in these Terms are almost certain to happen, due to changes in our Service and the laws that apply to us and you. If we make a change, we'll do our best to provide you with advance notice, although in some situations, such as where a change is required to satisfy applicable legal requirements, an update to these Terms may need to be effective immediately. We'll announce changes here at our web site, and we also may elect to notify you of changes by sending an email to the address you have provided to us. We will also try to explain the reasons for the change.
If we do update these Terms, you are free to decide whether to accept the terms or to stop using our Service (see 'How is My Account Closed' below); your continued use of the Service after the effectiveness of that update will be deemed to represent your agreement with, and consent to be bound by, the new Terms. Except for changes made by us as described here, no other amendment or modification of these Terms shall be effective unless set forth in a written agreement bearing a written signature by you and us. For clarity, email or other communications will not constitute an effective written agreement for this purpose.
What Do I Have To Do To Use IQ Polls?
If you want to create or otherwise make available any Content on IQ Polls (to be a Registered User), first, you need to create an IQ Polls account. You create an account by providing us with an acceptable name, email address, and creating a password. We refer to this as your 'Account Information'. We encourage you to use a distinct and non-obvious username and password combination, ideally one that is different from what you use for other services. You are responsible for maintaining the accuracy, completeness and confidentiality of your Account Information, and you will be responsible for all activities that occur under your account, including activities of others to whom you have provided your Account Information. We will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your Account Information secure. If you discover any unauthorized use of your Account Information or suspect that anyone may be able to access your private Content, you should immediately change your password and notify our Customer Support team by email info AT IQ Polls DOT com.
If you use the Service as the audience (e.g. in order to vote), you do not need to create an IQ Polls account.
What Are My Rights In IQ Polls?
Once you accept these Terms, we grant you a limited, non-exclusive, personal, worldwide, royalty-free, non-assignable license to use the Service subject to these Terms, for so long as you are not barred from receiving the Service under the laws applicable to you, until you close your account voluntarily or stop using the Service (if you do not have an account) or until we close your account pursuant to these Terms. You do not obtain any other right or interest in IQ Polls or the Service.
You retain copyright and any other rights you already held in your Content before you submitted, posted or displayed it on or through the Service. But you do have to grant IQ Polls a limited license, as described below, so we can make your data accessible and usable on the Service. Other than this limited license and other rights you grant in these Terms, IQ Polls acknowledges and agrees that we do not obtain any right, title or interest from you under these Terms in any of your Content.
Are There Any Limitations With Respect To The Content?
When making the Content available on IQ Polls you have to ensure that the Content does not violate any applicable laws or rights and interests of any other third party. You have to ensure that the Content does not: (i) contain any illegal information or content; (ii) violate or infringe upon any copyright, trademark, other property and/or non-property rights of others and/or applicable laws; (iii) contain any information or other content that may be deemed to be abusive, violent, harmful, harassing, racially, ethnically, sexually or otherwise offensive, infringing privacy of others or defamatory; (iv) create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to any person; (v) violate or encourage any conduct that violates or may potentially violate any applicable laws; (vi) contain nudity, partial nudity or pornography; (vii) seek to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (viii) contain any virus, malware or otherwise create a risk of any loss or damage to any property (including computer systems, devices, and other hardware) of IQ Polls or any other persons.
You should not post or otherwise make available on IQ Polls any unsolicited or unauthorized posts or other communication, including, without limitations, spam and spam comments on posts, advertising messages, promotional materials, junk mail, chain letters, hoax or other form of solicitation.
The User who has posted or otherwise made available the Content on IQ Polls is solely responsible for such Content. All the Content posted by using a Registered User's Account is deemed to be posted by that Registered User.
By posting the Content the User warrants that the Content does not violate or infringe upon any property and/or non-property rights of others and/or applicable laws, and neither the posting of such Content nor the granting of the licenses to IQ Polls (as described in these Terms) contravenes or violates any applicable law or rights and/or interests of other third parties.
IQ Polls has the right to provide any competent authority or any other third party having the right to such information, with the Account Information of the Registered User who has posted or modified any Content that violates or infringes or might violate or infringe upon any property and/or non-property rights of others and/or applicable laws.
What Is The License I Have To Grant To IQ Polls?
In order to enable IQ Polls to operate the Service, we must obtain from you certain license and other rights to the Content so that provision of the Service to you and other Users who use your Content does not infringe applicable copyright or other laws. This means that by using the Service and uploading Content, you grant IQ Polls a license to the extent needed to provide the Service, including to display, make available (including making available on-line), distribute, and reproduce such Content.
In as much as we rely upon your rights to upload and distribute your Content, you represent and warrant to IQ Polls that you have the unfettered legal rights and authority to submit your Content to IQ Polls, and to make any publication or other distribution of that Content in your use of the Service. You also represent to us that, by submitting Content to IQ Polls and granting IQ Polls the rights described in these Terms, you are not infringing the rights of any person or third party.
Are There Rules About What I Can Do On IQ Polls?
Yes. Your use of the Service must be in accordance with these Terms. When it comes to your use of IQ Polls, you agree that you are responsible for your own conduct and all conduct under your account. This means all Content created, transmitted, stored or displayed in your account, is your sole responsibility as the person who created the Content or introduced it into the Service.
Will IQ Polls Look At My Content?
Will Anyone Else See My Content?
I'm Guessing IQ Polls Has Some Rights Relating To The Service?
We do. They're described here:
Rights. While you own the Content you store with IQ Polls, you acknowledge and agree that IQ Polls owns all legal right, title and interest in and to the Service.
Right to Modify the Service. We retain the right, in our sole discretion, to implement new elements as part of and/or ancillary to the Service, including changes that may affect the previous mode of operation of the Service. We expect that any such modifications will enhance the overall Service, but it is possible that you may not agree with us. We also reserve the right to establish limits to the nature or size of storage available to you, your Content and other data, and impose other limitations at any time, with or without notice. For example, if you use the free IQ Polls service, you will not enjoy all of the benefits provided to subscribers of the IQ Polls Premium service.
You also acknowledge that a variety of IQ Polls actions may impair or prevent you from accessing your Content or using the Service at certain times and/or in the same way, for limited periods or permanently, and agree that IQ Polls has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any Content. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of the Service. However, if you are a subscriber for IQ Polls Premium service and find that any such modifications or interruption of the Premium Service adversely affects you, you may notify us, explain the adverse impact the modification has created and, if you desire, request a termination of your Premium Service.
Right to Engage Third Parties. IQ Polls may from time to time engage certain affiliates or other third parties to provide other services relating to all or part of the Service to you, and you hereby agree that such third party involvement is acceptable.
Can Kids Use IQ Polls?
How Is My Account Closed?
You may close your account with our Service at any time, for any reason (or no reason). However, if you desire to deactivate your account, please contact us via [email protected].
IQ Polls may suspend access to your account, or close your account, with or without notice according to these Terms. Reasons for IQ Polls suspending or closing your account may include, without limitation: (i) breach or violation of these Terms, including making available of the Content not in compliance with these Terms, (ii) an extended period of inactivity (determined in IQ Polls's sole discretion), (iii) your nonpayment of any fees or other sums due to IQ Polls or any other party related to your use of the Service, (iv) the discontinuance or material modification of the Service (or any part thereof) or (v) unexpected technical or security issues or problems.
In most cases, in the event we elect to close your account, we will provide at least 30 days advance notice to you at the email address you have provided to us, so you have a chance to retrieve any Content stored on IQ Polls's servers (unless we determine that we are legally prohibited from enabling you to do so). After the expiration of this notice period, the account will be closed and you will no longer be able to retrieve Content contained in that account or otherwise use the Service through that account.
In certain cases, e.g. if the Content posted by you infringes these Terms and we are required so by applicable laws, we may close your account immediately, without prior notification. In such event you will no longer be able to retrieve the Content contained in that account or otherwise use the Service through that account as of the moment the account is closed.
What Happens To My Account When I Die?
IQ Polls's pledges to protect the privacy of your Content continues, even after your death or incapacity. If you wish to enable someone to have access to your Content or Account Information after you are no longer able to provide them access, you need to implement a process for providing your Account Information to them. We will not provide your Account Information, or your Content, to anyone, even next of kin, unless we determine that we are legally obligated to do so. We encourage you to include your Account Information, with instructions on how to access your Content, in your will or other estate plans, so that anyone you wish to have access to your account will have the means to do so.
If I Have A Great Idea To Share With IQ Polls, What Are My Rights?
When you submit any ideas, suggestions, documents and/or proposals relating to the Service (or other products or services) (the 'Contributions') to IQ Polls through the 'Contact Us', you acknowledge and agree that: (i) your Contributions are owned by you, they do not contain confidential or proprietary information, and they don't infringe upon the rights of others; (ii) IQ Polls is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (iii) IQ Polls shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way; (iv) IQ Polls may have something similar to the Contributions already under consideration or in development; (v) your Contributions automatically become the property of IQ Polls without any obligation of IQ Polls to you; and (vi) you are not entitled to any accounting, compensation or reimbursement of any kind from IQ Polls under any circumstances.
What Else Do I Need To Know?
Third-Party Links. We may include or recommend third party resources, materials and developers and/or links to third party websites and applications as part of, or in connection with, the Service. We have no control over such sites or developers and, accordingly, you acknowledge and agree that (i) we are not responsible for the availability of such external sites or applications; (ii) we are not responsible or liable for any content or other materials or performance available from such sites or applications and (iii) we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, materials or applications.
Indemnity. You agree to indemnify and hold IQ Polls, its subsidiaries, affiliates, officers, agents, employees, advertisers and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including legal and other professional fees) arising from or in any way related to any third party claims relating to your use of any of the Service, any violation of these Terms of Service or any other actions connected with your use of the Service (including all actions taken under your account). In the event of such claim, we will provide notice of the claim, suit or action to the contact information we have for the account, provided that any failure to deliver such notice to you shall not eliminate or reduce your indemnification obligation hereunder.
The Service Is Available 'As Is.' YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IQ Polls EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) IQ Polls DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET ALL OF YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) ALL ERRORS IN THE SERVICE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IQ Polls OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
(e) by viewing the Content on IQ Polls you may be exposed to the Content that is inaccurate, objectionable, offensive, indecent, inappropriate for children or otherwise, or otherwise unsuited to your purpose. IQ Polls takes no responsibility and assumes no liability for any Content that any User posts or makes otherwise available on IQ Polls. The User who has posted or otherwise made available the Content on IQ Polls is solely responsible for such Content.
Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT IQ Polls, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS, AND OUR AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS SHALL NOT BE LIABLE TO YOU 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 IQ Polls 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 SERVICES RESULTING FROM THE SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE SERVICE; (v) IQ Polls' ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM; (vi) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION; (vii) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING OR INTEGRATING WITH THE SERVICE; (viii) ANY ADVERTISING CONTENT OR YOUR PURCHASE OR USE OF ANY ADVERTISED PRODUCT OR SERVICE; (ix) THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THESE TERMS OF SERVICE; OR (x) ANY OTHER MATTER RELATING TO THE SERVICE.
Exclusions and Limitations. NOTHING IN THESE TERMS OF SERVICE IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIMITATIONS WHICH ARE LAWFUL UNDER APPLICABLE LAWS (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
If IQ Polls Has To Send Me Notice Of Something, How Will That Happen?
This is another reason why it's important for you to make sure your Account Information is accurate, complete and up to date. We may provide you with notices by email, regular mail or postings on the web site(s) related to the affected Service.
How Can I Send A Notice to IQ Polls?
Except where these Terms specifically provide for use of a different means or address for notice, any notice to IQ Polls must be delivered by email to info AT IQ Polls DOT com. This email address may be updated as part of any update to these Terms of Service.
Attention: Legal Notice. If any provision of these Terms of Service is found by a court or arbitration court of competent jurisdiction to be invalid, the parties nevertheless agree that the court or arbitration court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
What Do I Do If I Think I Have A Claim Related to the Service?
Let us Know About Your Complaint. We want to know if you have a problem while using the Service, as we want to ensure that you have an excellent experience. If you believe that any Content posted on IQ Polls violates or infringes upon any copyright or trademark held by you, or other property and/or non-property rights of yours, please contact us by filling in the form available here. If you have other concerns or complaints, contact us via email info AT IQ Polls DOT com.
Initiating a Formal Claim. If you conclude that we have not satisfied your concern and that you must pursue legal action, you agree that your claim must be resolved exclusively by the processes set forth in these Terms. IQ Polls provides the Service to you on the condition that you accept the dispute resolution provisions described below, so if you initiate any claim against IQ Polls in any other manner, you shall be in violation of these Terms and you agree that IQ Polls shall be entitled to have such action dismissed or otherwise terminated and you agree to reimburse IQ Polls for its reasonable costs incurred in defending against such improperly initiated claim. You agree that, prior to initiating any formal proceedings against IQ Polls, you will send us a notice to our attorneys at info AT IQ Polls DOT com that you are providing a 'Notice of Dispute.' Upon receipt of a Notice of Dispute, you and we shall attempt to resolve the dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. If the dispute remains unresolved, either you or we may initiate formal proceedings according to these Terms.
Arbitration Agreement. You and IQ Polls agree that any dispute, controversy or claim arising out of or in connection with the Service, these Terms or any breach, termination or validity of these Terms shall be settled by arbitration under the LCIA (London Court of International Arbitration) Rules, which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be London. The language to be used in the arbitral proceedings shall be English. The governing law shall be the substantive law of England and Wales.
Claims Are Time-Barred. You agree that regardless of any statute or law to the contrary or the applicable dispute resolution process, any claim or cause of action you may have arising out of or related to use of the Service or otherwise under these Terms must be filed within one (1) year after such claim or cause of action arose or you hereby agree to be forever barred from bringing such claim.
A couple of final, but important, points. First, these Terms constitute the entire agreement between you and IQ Polls and govern your use of the Service. These Terms supersede any prior agreements or earlier versions of these Terms between you and IQ Polls for the use of the Service. If, through accessing or using the Service, you utilize or obtain any product or service from a third party, you may additionally be subject to such third party's terms and conditions applicable thereto, and these Terms shall not affect your legal relationship with such third party.
Second, you acknowledge and agree that each affiliate of IQ Polls shall be a third party beneficiary to these Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of these Terms which confers a benefit on (or provides rights in favor of) them. Other than this, no other person or company shall be a third party beneficiary to these Terms.
Finally, the section headings in these Terms of Service are for convenience only and have no legal or contractual effect.
If you have questions, comments or concerns about these Terms, please contact us:
Universal Polls Ltd
The Landing, Blue
M50 2ST, United Kingdom