Terms and Conditions of DirectPoll
These Terms and Conditions govern your access to and use of directpoll.com (“DirectPoll”), an online poll service (the “Service”) created and hosted by Netcetera AG, Zypressenstrasse 71, 8040 Zurich, Switzerland (“Netcetera”). By viewing, posting comments to or the creation of a poll and/or account on DirectPoll, you accept the following Terms and Conditions:
DirectPoll provides the possibility of creation and/or use of online polls free of charge, created and maintained by you. There may be unexpected downtimes, loss of data, delays or interruptions of the Service. Netcetera shall be in no way responsible for any losses or damages you or any third party may suffer as a result of any interruptions, delays or data losses or otherwise as a result of using the Service. Netcetera is not obligated to monitor the Service, but may do so and may remove or edit any poll or message created through DirectPoll, or adjust, limit or block your access to the Service. Polls or messages may be removed or edited by Netcetera at any time and in the sole discretion of Netcetera.
Polls and their results are provided for entertainment purpose only and are subject to errors and inaccuracies. Under no circumstances shall polls and their results be relied upon for any business purpose or any other decision of monetary or other value.
If you create a poll and choose to allow third parties to edit a poll, contribute content or post comments to your poll, you agree to monitor your poll independently, checking it at least once a day for any content that violates these Terms and Conditions and removing any such content immediately.
Netcetera ordinarily does not review polls or messages before they are posted on DirectPoll. Opinions expressed on a poll or its messages are not opinions of Netcetera. Netcetera makes no representations or warranties concerning the truth or falsity of any assertion of fact made by third party authors on a poll. You are solely responsible in any respect (copyrights etc.) for any information disclosed by using the Service.
Netcetera shall in no way be responsible for any losses, damages you or any third party may suffer as a result of any poll, message or content posted by you or any third party to the Service.
The following content is not permitted to appear in any polls, messages or content created through DirectPoll:
• Adult content
• Obscene material
• Nudity or pornography
• Material that infringes intellectual property or other proprietary rights of any third party
• Material the posting of which is tortious or violates a contractual or fiduciary obligation you or we owe to another party
• Piracy, hacking, viruses, worms, etc.
• Illegal content, breaching any applicable Swiss or foreign law
• Any link to or any image from a site containing any material outlined in these restrictions
• Any material deemed offensive or inappropriate by Netcetera, in its sole discretion
In addition, you may not use the Service if your website contains any content outlined in this section.
Netcetera reserves the right to terminate or take steps to terminate your polls, messages and/or access to the Service, in whole or in part, without warning or previous notice, anytime and for any reason at its sole discretion, including without limitation any violation of a provision of these Terms and Conditions. Netcetera further reserves the right to remove any polls or accounts anytime and at its sole discretion without prior notice.
The use of the Service and DirectPoll is at your sole risk. Any warranty of Netcetera resulting from the use of the Service shall be expressly excluded, as far as permissible by applicable law. No advice or information obtained by you from Netcetera and/or the Service shall create any kind of warranty.
Notwithstanding anything else in these Terms and Conditions, Netcetera shall not be liable for any losses or direct or indirect damages, including without limitation damages for lost profits, data or other losses arising out of or related to your or any third party’s use of the Service.
By using the Service you agree to indemnify and hold harmless Netcetera and its contractors, agents, employees, officers, directors, shareholders and affiliates from any losses, damages or costs, including attorney’s fees, resulting from any claim or demand arising out of or related to your use of the Service, including without limitation claims arising out of or related to your violation of these Terms and Conditions, or your violation of the rights of another person, or the content of any poll or message created through the Service. Should Netcetera be notified of a pending legal action, or receive notice of the filing of a legal action, it may seek written confirmation from you concerning your obligation to indemnify Netcetera and you agree to provide such confirmation promptly.
You agree that Netcetera may collect, process, store or alter your personal data in compliance with the Federal Data Protection Act.
Netcetera reserves the right to modify these Terms and Conditions at any time without prior notice. You agree to review these Terms and Conditions regularly. Failure to discontinue the use of our Service within thirty (30) days of any such changes constitutes your acceptance of the new Terms and Conditions.
Information related to the viewership of your poll may be publicly disclosed on DirectPoll or on other websites owned or operated by Netcetera, or any other websites.
You agree that Netcetera may preserve your identity, any content and/or membership information and may use for any purpose and/or release any or all preserved identity, content or membership information to courts or other third parties if we believe, in our sole discretion, that you have or may have committed illegal activities, violated these Terms and Conditions, violated the rights of third parties, impaired in any respect the ability of Netcetera to operate the Service properly or endangered in any respect Netcetera or any third party.
Netcetera does not claim ownership of the content you provide through the Service. However, by accepting these Terms and Conditions you grant Netcetera a world-wide, perpetual, royalty-free, and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display such content for the purpose of providing and promoting the Service.
Netcetera shall have the sole discretion as to what constitutes a violation of any of these Terms and Conditions. You may not assign or otherwise transfer this agreement and/or these Terms and Conditions to any third party.
If any provision in these Terms and Conditions is found unenforceable, Netcetera reserves the right to modify the condition to comply with the applicable law. All remaining provisions shall remain valid and enforceable.
These Terms and Conditions contain the entire agreement of the parties. Any of your terms or the terms of any third party is expressly excluded. These Terms and Conditions supersede any prior written or oral agreements between the parties.
CHOICE OF LAW AND JURISDICTION
These Terms and Conditions and any agreement between Netcetera and you shall be exclusively governed by the laws of Switzerland, excluding its conflict of law provisions and excluding the UN Convention on the international sale of goods (CISG).
Exclusive jurisdiction for all disputes arising out of or in connection with these Terms and Conditions or the use of the Service shall have the courts in Zurich, Switzerland.
Last revised March 9, 2016