Rules of Conduct
There is no tolerance for objectionable content or abusive users.
While using the services you agree to not:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Use racially or ethnically offensive language.
- Discuss or incite illegal activity.
- Post anything that exploits children or minors (including pornography that depicts minors) or that depicts cruelty to animals.
- Post any copyrighted or trademarked materials without the express permission from the owner.
If you are found to have violated these guidelines, your access to this app and its services will be terminated.
We (the people who work at GloPoll) create and run the GloPoll.org social polling network. We would love for you to use it and help us evolve this document in the direction that best supports and protects GloPoll and its community. Public commentary and peer-review is encouraged.
GloPoll software and services are designed for you to express yourself freely. However, be responsible in what you post. In particular, make not to post things like spam, malware, viruses, or illegal content or serious threats of violence.
If you find content that is objectionable, then scroll on by disagree with it. GloPoll is an open, free and public commons where users respect the right to use free speech. Of course, you may find a violaion of these Terms of Service as you traverse GloPoll, in which case please flag the post from the options button at the top of the post, or by email to info@GloPoll.org.
(Note, we’ve decided to make the below Terms of Service available under a Creative Commons Attribution-Sharealike license, as WordPress provided for Minds, and Minds provided for us, which means you’re more than welcome to repurpose it for your own use. Just make sure to replace references to us with ones to you, and give an attribution link to GloPoll.org somewhere on your website.)
These Terms govern your access to and use of GloPoll Tokens in connection with the GloPoll social network, including https://www.GloPoll.org, https://www.GloPoll.io, and all other network sites under the GloPoll domain (“GloPoll Network”), the GloPoll Network, and GloPoll mobile applications and any other online services (collectively, the “Services”) provided by us or our legal affiliates, including any content, functionality, features and applications offered on or through the Services to you as a guest or registered user of the Services (each, a “User”).
Please read these Terms carefully before you start to use our Services. By using any of the Services, you accept these Terms, which means that you are entering a legally binding contract with us. If you do not accept these Terms, or if you violate these Terms in any way, you are not authorized to access or use the Services, and your GloPoll account and any achievements therein will be forfeited.
You understand that we may change these Terms from time to time in our sole discretion and in accordance with Section 21 below. It is your responsibility to periodically check these Terms posted so that you are aware of any changes, as they are binding on you.
1. Your GloPoll Account and Password
Use of our Services requires a GloPoll account. You are responsible for keeping your password secure. Our Services are available only to individuals who are at least 13 years old (“Minimum Age). By registering as a User, accessing or using the Services, or providing your personal information to us in connection with the Services, you represent that you are not less than the Minimum Age. If the law applicable to your jurisdiction requires that you must be older than the Minimum Age for us to lawfully provide the Services to you or use your personal information without parental consent, then the minimum age under such applicable law will be the Minimum Age for purposes of these Terms.
If you create an account on the GloPoll platform, you are responsible for maintaining the security of your password, and you are fully responsible for all activities that occur under your account and any other actions taken in connection with your account. You are solely responsible and liable for any activity that occurs under your username and channel.
2. Responsibility of Registered Users
You acknowledge that you are solely responsible for all activity that occurs on your account and all of your activity on the GloPoll Network. You acknowledge that you are solely responsible for keeping your account information (including your access credentials) secret and secure. You shall not sell, rent, lease, lend, transfer, license or assign your account, credentials, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, GloPoll prohibits the creation of accounts on behalf of other persons or entities. Unless you are so authorized, you shall not create a GloPoll account on behalf of any other person or entity.
You also acknowledge that:
– You are solely responsible for your interaction with other Users of the Services, whether online or offline. You agree that GloPoll is not responsible or liable for the conduct of any User. GloPoll reserves the right, but has no obligation, to become involved in disputes between you and other Users.
– You shall immediately notify GloPoll of any unauthorized uses of your account or of any other breaches of security by emailing security@GloPoll.org.
– If you comment on a post, post material to GloPoll, post links or create (or allow any third party to create) or otherwise make material available by means of GloPoll, including any text, photo, video, audio, code or other work of authorship (any such material, “User Content”), you are entirely responsible for the content of, and any liability resulting from or relating to that User Content or your conduct.
– By using GloPoll, you represent and warrant that your User Content and conduct do not and will not violate these Terms, infringe the rights of any other person or entity (including intellectual property rights and privacy rights), or violate any applicable law, rule, or regulation.
– By submitting User Content to GloPoll, you grant GloPoll a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, modify, distribute, publish, process and adapt (each, a “Use”) your User Content for the purposes of providing the Services and promoting GloPoll and the Services, without any notice of, consent to or compensation for any such Use, except as may be otherwise stated in another license for such User Content.
– You grant other Users permission to share your User Content on other GloPoll channels and sites and add their own User Content to it (e.g., to share your User Content to external websites.
– If you delete User Content, GloPoll will use reasonable efforts to remove it from the GloPoll Network, but you acknowledge that caching or references to the User Content may not be made immediately unavailable.
– By registering an account and making User Content available, you further represent and warrant that:
– Your use of the Services and User Content will not infringe the rights of any other party (including intellectual property rights and privacy rights) or violate any applicable law, rule, or regulation;
– Any Use by GloPoll of any User Content will not infringe the rights of any other party (including intellectual property rights and privacy rights) or violate any applicable law, rule, or regulation;
– If any other party has rights to intellectual property you incorporate into any User Content, you have either (i) received permission from such other to so incorporate such intellectual property into such User Content, including but not limited to any software, or (ii) secured from such other party a waiver as to all rights in or to such User Content;
– You have fully complied with any third-party licenses relating to all User Content and have done all things necessary to grant to GloPoll the license set forth under section 2(f) and to successfully grant to others pass any relevant rights under any such third-party licenses;
– The User Content does not contain or install any viruses, worms, malware, trojan horses or other harmful or destructive content;
– The User Content is not spam or bulk unsolicited messages, is not machine or randomly generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
– Interact with other Users in an unwanted way such as stalking or harassing;
– The User Content does not target any other User or any non-public figure, make threats, harassment, doxing or violence;
– The User Content does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
– The User Content does not include or link to material advocating pedophilia or regarding harm to a child or include any personal information of any child;
– The User Content and your posts are not used to promote prostitution, human trafficking or illegal sexual conduct with a child;
– Your account is not associated with electronic messages including spam links on forums, posts, groups, blogs, images, videos or comments;
– Your channel is not presented in a manner that misleads your readers into thinking that you are another person or entity;
– You have, in the case of User Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by GloPoll or otherwise; and
– You also give other Users permission to share your posts.
3. Prohibited Uses
You shall not use or access any of the Services:
– In any way that violates any applicable US federal, state, or local law, rule, or regulation (including, without limitation, any intellectual property laws or privacy laws or laws regarding sanctions, or the export of data or software to and from the United States or other countries);
– To post unlawful, infringing, or other content not allowed under these Terms.
– To impersonate, attempt to impersonate, or falsely imply that you are associated with GloPoll, another User, or any other person or entity;
– In any manner that could disable, alter, overburden, damage, or impair the Services or the GloPoll Network, or engage in any other conduct that restricts or interferes with any other party’s use, which, as determined by us, may harm GloPoll or Users of the Services or expose them to liability, including but not limited to transmitting any worms, viruses, spyware, malware or any other code of a destructive, malicious, intrusive, or disruptive nature intended to cause denial of service;
– To use, distribute, modify, create derivative works from, or copy the Services or any feature of the Services or any User account or Channel (including any User Content) in whole or in part, or decompile, reverse engineer, disassemble, attempt to derive the source code or underlying algorithms of the Services or any feature of the Services, except as may be permitted under any applicable license;
– To create accounts or access data (including User information) through unauthorized means, by using an automated device, caching, script, bot, spider, crawler or scraper or any such weaponized capability intended as a malware threat to GloPoll;
– To attempt to gain unauthorized access, or permit unauthorized access, to the Services or any feature of the Services (including any User account or channel) or any of our related systems or networks, or bypass any measures we take to restrict access to the Services or related systems or networks;
– To substantially replicate products or services offered by GloPoll in an impersonating manner, including by republishing GloPoll content or creating a separate publishing platform; or
– To farm, game, manipulate or spam the GloPoll Network in order to gain GloPoll rewards in an unfair or deceitful manner.
– Without limiting any of the above representations or warranties or obligations, GloPoll reserves the right to, in GloPoll’s sole discretion, (i) reject or remove any User Content that, in GloPoll’s reasonable opinion, violates any term or condition of these Terms or policies of GloPoll or is in any way unlawful (ii) ban and remove any channel that, in GloPoll’s reasonable opinion, violates any term or condition of these Terms or policies of GloPoll or is in any way unlawful or (iii) terminate or deny access to and use of the Services to any person or entity whose use of GloPoll and its Services is unlawful.
– In the event an account is banned due to the breach of these Terms, and the account owner no longer has access to the account, GloPoll will have no obligation to provide return access to the banned user. Please direct any questions to info@GloPoll.org.
4. Intellectual Property Rights
We grant you a limited, non-exclusive, non-sublicensable, non-transferable license to access and use the Services for lawful purposes in accordance with these Terms. The Services contain materials owned or licensed by GloPoll, including name, logo, source code and executable code, text, images, audio/visual works, icons and scripts and other intellectual property (collectively, “GloPoll Content”). GloPoll Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and GloPoll, GloPoll owns and retains all rights in GloPoll Content and the Services.
You shall not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying GloPoll Content, and you shall not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit any GloPoll Content or the Services, except as may be permitted by these Terms.
5. Reporting Copyright Infringement, DMCA Policy and Other Violations
GloPoll prohibits Users of our Services from submitting, uploading, posting or otherwise transmitting any materials that violate another person’s intellectual property rights. To report allegations of infringement, please contact GloPoll at [info@GloPoll.org].
As GloPoll asks others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on or linked to by GloPoll violates your copyright, you are encouraged to notify GloPoll in accordance with GloPoll’sDigital Millennium Copyright Act (“DMCA”) Policy, available at https://www.GloPoll.org/p/dmca.
GloPoll will respond to all such notices in accordance with applicable law. GloPoll will ban or terminate an account’s access to and use of the Services if, under appropriate circumstances, that channel is determined to be a repeat copyright or intellectual property rights infringer. In the case of such ban or termination, GloPoll will have no obligation to provide access to any Services, or any refund including any amounts previously paid to GloPoll.
6. Monitoring and Enforcement; Ban and Termination
We have the right to:
– Modify, ban or terminate the Services for any reason, without notice, at any time, and without liability to you;
– Refuse, terminate, or suspend your access to all or part of the Services for any or no reason, including, without limitation, any violation of these Terms; and
– Force forfeiture of any username for any reason.
– Upon any such refusal, termination or suspension of your access to the Services, all licenses and other rights granted to you under these Terms will immediately cease, and any outstanding balance of GloPoll Tokens will be forfeited to GloPoll.
7. Linking to the Services
You may link to our website homepage, provided you do so in a way that is fair and legal, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent, which may be withheld for any reason or no reason in our sole discretion.
You may use these features solely as they are provided by us, and must not otherwise: establish a link from any website that is not owned by you; cause the Services or portions of it to be displayed on, or appear to be displayed by, any other site (for example, scraping, framing, deep linking, or in-line linking); or take any action with respect to the Services that is inconsistent with these Terms.[Office1]
8. Links on Our Services
If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. You acknowledge that we have no control over the contents of those sites or resources, and accept no responsibility, and we disclaim any liability, for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to our Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
There are no advertisements on GloPoll. Keep reading.
10. Services Content
We may update our Services from time to time, but they will not necessarily be complete or up-to-date at any given time. Any of the material in the Services may be out of date at any given time, and we are under no obligation to update such material.
If we ever distribute promoted or paid surveys, we will always disclose paid or promoted content, or commercial communications as such, except as may be required by applicable law.
Although it is GloPoll’s intention for the Services to be available as much as possible, there will be occasions when the Services may be interrupted, including, without limitation, for scheduled or unscheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or software or hardware.
GloPoll reserves the right to remove any content from the Services that is deemed in violation of these Terms, without prior notice. Content removed from the Services may continue to be stored by GloPoll, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order.
11. Geographic Restrictions
GloPoll is based in the United States and provides its Services for use to persons located all over the world with the exception of those countries that are sanctioned by OFAC (https://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx).
Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws, though these Terms are governed solely by United States law.
12. Responsibility of Visitors
GloPoll has not reviewed, and cannot review, all of the material, including computer software, posted to our website, and cannot therefore be responsible for that material’s content, use or effects. By operating our website, GloPoll does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful.
You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
Our website may contain content posted by others that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, fake news, propaganda, satire, and other errors.
Our Website may also contain material posted by others that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated.
13. Distribution of GloPoll Tokens
GloPoll tokens are awarded to active users for each day that they are active. A user is considered active on GloPoll for every day that they respond to the peer-generated polls that they have been selected to respond to. Each token records the date and also relative ratio of the overall GloPoll network made up by that user on the day it was earned.
At the current time, these tokens are just for bragging rights; allowing a user to say that they were one of the earliest GloPoll users. At this time, tokens have no value. However, it is possible that they will be redeemable for in-app rewards in the future.
14. Restricted Use
You may not use GloPoll or any associated API access to substantially replicate products or services offered by GloPoll, including the republication of GloPoll content or the creation of a separate publishing platform. If GloPoll believes, in its sole discretion, that you have violated or attempted to violate these conditions or the spirit of these terms, your ability to use and access GloPoll may be temporarily or permanently revoked, with or without notice.
You may not farm, automate voting chains, game, manipulate or spam the site in order to gain GloPoll Tokens or other rewards in an unfair or deceitful manner.
15. GloPoll Content Review Policy
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which GloPoll.org links, and that link to GloPoll.org. GloPoll does not have any control over such other websites and is not responsible for their contents or their use. By linking to any such other website, GloPoll does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. GloPoll disclaims any responsibility for any harm resulting from your use of such other websites and webpages.
We may change or update the Services in whole or in part at any time. We reserve the right to change the terms of these Terms at any time. If we make changes to these Terms that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the changes to these Terms will take effect. If you disagree with our changes, then you should stop using the Services within the designated notice period. Your continued use of the Services indicates your acceptance of such changes, your continued use of the Services will be subject to these Terms, as changed. However, any dispute that arose before the changes shall be governed by these Terms (including the binding individual arbitration clause) that was in effect when the dispute arose.
If we adopt a new policy relating to the Services that is material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the new policy takes effect. The notice will designate a reasonable period of time after which such new policy will take effect. If you disagree with such new policy, then you should stop using the Services within the designated notice period. Your continued use of the Services indicates your acceptance of such new policy, and your continued use of the Services will be subject to such new policy.
18. Disclaimer of Warranties and Limitation of Liability
YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SERVICES WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA.
VIOLATION OF THESE TERMS MAY, IN GLOPOLL’S SOLE DISCRETION, RESULT IN TERMINATION OF YOUR ACCOUNT. YOU UNDERSTAND AND AGREE THAT GLOPOLL CANNOT AND WILL NOT BE RESPONSIBLE FOR THE CONTENT POSTED ON THE SERVICES AND YOU USE THE SERVICES AT YOUR OWN RISK. IF YOU VIOLATE THE LETTER OR SPIRIT OF THESE TERMS, OR OTHERWISE CREATE RISK OR POSSIBLE LEGAL EXPOSURE FOR GLOPOLL, WE CAN STOP PROVIDING ALL OR PART OF THE SERVICES TO YOU.
TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, GLOPOLL OFFERS THE SERVICES “AS-IS” AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SERVICES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COMPATIBILITY WITH ANY SOFTWARE OR HARDWARE.
GLOPOLL DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT GLOPOLL’S SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS THROUGH USE OR DOWNLOADING MATERIAL FROM THE SERVICES.
GLOPOLL DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OR THE RESULT OF USE OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.
YOUR USE OF THE SERVICES AND ITS CONTENT IS AT YOUR OWN RISK. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW AND THEN ONLY TO THAT EXTENT, IN NO EVENT WILL GLOPOLL, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES OR AGENTS (“THE GLOPOLL PARTIES”) BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF THE GLOPOLL PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
GLOPOLL SHALL NOT BE RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CLAIMS OF INFRINGEMENT RELATING TO THE SERVICES, FOR YOUR USE OF THE SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES WHETHER ON THE SERVICES OR RELATING TO THE SERVICES.
IN NO EVENT WILL THE AGGREGATE LIABILITY OF GLOPOLL AND THE GLOPOLL PARTIES (JOINTLY), IN ANY ACTION OR CLAIM, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE SERVICES, THESE TERMS, OR THE SALE OR USE OF, OR INABILITY TO USE, GLOPOLL TOKENS IN CONNECTION WITH THE SERVICES, EXCEED THE AMOUNT YOU PAID TO US FOR GLOPOLL TOKENS AND USE OF THE SERVICES WITHIN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH ACTION OR CLAIM.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE GLOPOLL PARTIES FROM AND AGAINST ANY AND ALL LOSS, EXPENSES, DAMAGES, AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES, RESULTING, WHETHER DIRECTLY OR INDIRECTLY, FROM YOUR VIOLATION OF THESE TERMS. YOU ALSO AGREE TO INDEMNIFY AND HOLD HARMLESS THE GLOPOLL PARTIES FROM AND AGAINST ANY AND ALL CLAIMS BROUGHT BY THIRD PARTIES ARISING OUT OF YOUR USE OF THE SERVICES.
20. Dispute Resolution, Arbitration; Jurisdiction
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH GLOPOLL AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
Binding Arbitration. Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) in which either Party seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and GloPoll (i) waive your and GloPoll’srespective rights to have any and all Disputes arising from or related to these Terms resolved in a court, and (ii) waive your and GloPoll’srespective rights to a jury trial. Instead, you and GloPoll will arbitrate Disputes through binding arbitration pursuant to the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), to the maximum extent permitted by applicable law. (This includes the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).
No Class Arbitrations, Class Actions or Representative Actions. Any Dispute arising out of or related to these Terms is personal to you and GloPoll and will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. There will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
Notice; Informal Dispute Resolution. Each Party will notify the other Party in writing of any Dispute within thirty (30) calendar days of the date it arises, so that the Parties can attempt in good faith to resolve the Dispute informally. Notice to GloPoll shall be sent by email to GloPoll at [info@GloPoll.org]. Notice to you shall be by email to the then-current email address in your Account. Your notice must include (i) your name, postal address, email address and telephone number, (ii) a description in reasonable detail of the nature or basis of the Dispute, and (iii) the specific relief that you are seeking. If you and GloPoll cannot agree how to resolve the Dispute within thirty (30) calendar days after the date notice is received by the applicable Party, then either you or GloPoll may, as appropriate and in accordance with these Terms, commence an arbitration proceeding or, to the extent specifically provided for in these Terms, file a claim in court.
Process. Any arbitration will occur in the State of South Carolina. Arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services (“JAMS”), which are hereby incorporated by reference. The state and federal courts located in the State of South Carolina will have exclusive jurisdiction over (i) any appeals and the enforcement of an arbitration award, or (ii) any claim filed in court where permitted in these Terms.
Authority of Arbitrator. As limited by the FAA, these Terms and the applicable JAMS rules, the arbitrator will have (i) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (ii) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
Rules of JAMS. The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Terms, you either (i) acknowledge and agree that you have read and understand the rules of JAMS, or (ii) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
Injunctions and Court Proceedings. With respect to any action or proceeding for which courts are an expressly permitted method of adjudication hereunder (set forth below), the exclusive jurisdiction and venue for all such actions or proceedings arising out of, or related to, these Terms will be in an appropriate state or federal court located in the State of South Carolina. (the “Designated Courts”), and the Parties hereby irrevocably consent to the personal and subject matter jurisdiction of such court, waive any claim that such courts do not constitute a convenient and appropriate venue for such actions or proceedings, and waive the right to a trial by jury. Each Party consents to service of process upon itself by means of any of the methods for delivery of notice that are specified in these Terms.
To the extent that arbitration pursuant to the terms of this section is not permitted under applicable law, a Party may seek resolution of any dispute in the Designated Courts.
To the extent the Parties mutually-agree to forego arbitration for a dispute, the Parties shall seek resolution of such dispute in the Designated Courts.
Permitted appeals and/or enforcement of an arbitration award shall take place in the Designated Courts.
Certain breaches of these Terms by a User may, by its gravity or nature, cause immediate and irreparable injury to GloPoll that cannot be adequately compensated for in damages, including, without limitation, infringement of GloPoll’s intellectual property rights. Accordingly, notwithstanding anything to the contrary in these Terms, in the event of any such breach and in addition to all other remedies available herein, GloPoll may seek solely injunctive relief from the Designated Courts without posting a bond or other security.
21. Governing Law
These Terms will be governed by and construed and enforced in accordance with the laws of the State of South Carolina, without regard to conflict of law rules or principles (whether of the State of South Carolina or any other jurisdiction) that would cause the application of the laws of any other jurisdiction.
22. Waiver and Severability
No waiver by GloPoll of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of GloPoll to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
To you: We may provide any notice to you under these Terms by posting a notice on our website. Notices we provide by posting on our website will be effective upon posting. It is your responsibility to keep up to date.
To us: To give us notice under these Terms, you must contact GloPoll by email at info@GloPoll.org. We may update this email address for notices to us by posting a notice on our website or sending an email to you. Notices to us will be effective when received by us.
Language: All communications and notices to be made or given pursuant to these Terms must be in the English language.
24. Entire Agreement
These Terms of Service (all as posted at https://www.GloPoll.org) constitute the sole and entire agreement between you and GloPoll regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.
25. Force Majeure
GloPoll and its affiliates will not be liable for any delay or failure to perform any obligation under these Terms where the delay or failure results from any cause beyond our reasonable control, including acts of God, labor disputes or other industrial disturbances, electrical, telecommunications, hardware, software or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, war, changes in blockchain technology, changes in the Ethereum or GloPoll protocols or any other force, event or condition outside of our control.
26. Your Comments and Concerns
Please direct questions or concerns regarding these Terms or the Services to GloPoll at info@GloPoll.org.
Last Updated March 26, 2019.
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