PLEASE READ THE FOLLOWING LICENSE CAREFULLY BEFORE SUBSCRIBING TO THE ONLINE SERVICE. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, HAVE UNDERSTOOD IT, AND AGREE TO BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT PROCEED.
This Agreement sets forth the terms and conditions under which AdventNet agrees to provide, and you agree to use, Zoho Polls, AdventNet Software Services ("service" or "services"), including data encryption, transmission, access and storage.
1. License Grant:
This service agreement ("Agreement") for use of Zoho Polls, hosted ('Hosted") service of AdventNet, Inc., is between AdventNet, Inc. ("AdventNet", "us", or "our") and the Subscriber ("you" or "your"). AdventNet grants to you a non-exclusive, non-transferable, Full License to use the Hosted service without any fee, This License begins upon signing the Hosted service and ends upon Termination.
If you are not willing to use the Zoho Polls, you agree to stop using the service with immediate effect. You are forbidden from using the Hosted service for any other use or otherwise offering it for resale under the terms of this section 1. AdventNet retains all rights not specifically granted to you herein.
2. Restriction of use: In addition to all other terms and conditions of this Agreement, you shall not: (i) rent, lease, license, sublicense, distribute, transfer or otherwise make available to any third party the service (ii) modify or make derivative works based on the service (iii) share the user licenses but may be reassigned to the new user (iv) send spam or unsolicited messages in violation of applicable laws (v) send or store material containing software viruses, worms, or other harmful computer codes, files, scripts or programs (vi) publish any content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any partys intellectual property (vii) use the third party links to sites without agreeing to their website terms & conditions (viii) post any third party link sites including their logo, company name, etc. without their prior written permission.
3. Right to Terminate/Modify Terms of Service: AdventNet may modify these Terms of Service upon notice to you at any time. AdventNet may provide notice to you by publishing the changes on its Web site. In the event AdventNet modifies these Terms of Service, you may terminate your use of the Service. Your continued use of the Service after notice of any change to the Terms of Service will be deemed to be your agreement to the amended Terms of Service. AdventNet may also terminate your use or right to use the Service at any time for any reason. AdventNet 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. You agree that AdventNet shall not be liable to you or to any third party for any matter related to, arising out of, or caused by the modification, suspension or discontinuance of the Service for any reason.
4. Member Registration: In consideration of your use of the Service, you agree to: a) provide true, accurate, current, and complete information about yourself as prompted by the Registration Process; and b) maintain and promptly update your Registration data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if AdventNet has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, AdventNet has the right to terminate your subscription and refuse current or future use of the Service.
5. Personal Information and Privacy: Personal information you provide to AdventNet
through the Zoho Polls service is governed by AdventNet - Zoho Polls Privacy
Policy and applicable laws related to personal information. Click here to view
the Zoho Polls Privacy Policy. Your election to use the Service indicates your
acceptance of the terms of the AdventNet Privacy Policy. You are responsible
for maintaining the confidentiality of your Account information and other sensitive
information. You are responsible for all activities that occur in your Account
and you agree to notify AdventNet immediately of any unauthorized account use
at support@zohopolls.com. AdventNet is in no way responsible for any loss or
damages to you or to any third party incurred as a result of any unauthorized
access and/or use of your Member Account, or otherwise.
6. Trademark: AdventNet, AdventNet logo, Zoho, Zoho Polls, Zoho CRM logo are trademarks of AdventNet. Inc. All rights are reserved to AdventNet, Inc. You agree not to display or use, in any manner, the AdventNet trademarks, without AdventNet' s prior permission.
7. Disclaimer of Warranties: YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE ZOHO POLLS SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. ADVENTNET EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ADVENTNET MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS FREE, OR THAT ANY ERRORS IN THE SOFTWARE OR SERVICE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM ADVENTNET, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
8. Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ADVENTNET BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER OR FOR DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF THE SERVICE, THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ADVENTNET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH ADVENTNET RELATED TO THE SERVICE SHALL BE CANCELLATION OF THE SERVICE. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
9. Indemnification: You agree to indemnify and hold harmless AdventNet, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorneys fees and costs) arising out of or relating to any claims that you have used the Service in violation of another partys rights, in violation of any law, in violations of any terms of these Terms of Service, or other claim related to your use of the Service.
10. Termination: You agree that AdventNet may terminate your Subscription Account and access to the Service for any reason. Cause for such termination may include but not be limited to breaches or violations of these Terms of Service or the AdventNet Privacy Policy, a request by you to terminate your Account, discontinuance or material modification to the Service, unexpected technical issues or problems, extended periods of inactivity, and requests by law enforcement or other government agencies. Termination of your AdventNet Subscription Account includes elimination of access to the Service, deletion of your account information such as your e-mail ID and Password, and deletion of data in your Subscription Member Account as permitted or required by law. If you have any questions or concerns regarding this agreement, please contact us at support@zohopolls.com
11. General: This Agreement
shall be construed, interpreted and governed by the laws of the State of California
exclusive of its conflicts of law provisions. This Agreement constitutes the
entire agreement between the parties, and supersedes all prior communications,
understandings or agreements between the parties. Any waiver or modification
of this Agreement shall only be effective if it is in writing and signed by
both parties hereto. You shall not use is this service if you are within the
United States export regulations and applicable laws and regulations.