Thank you for visiting www.showofhands.com (the "Site"). Show of Hands (“SOH”, “we”, or “us”) provides the content and materials on this Site and on our mobile device application (the “App”) as a social polling platform.
SOH RESERVES THE RIGHT TO REVISE THIS AGREEMENT AT ANY TIME AND UPON SUCH REVISIONS WILL REVISE THE “LAST UPDATED” DATE AT THE BOTTOM OF THIS AGREEMENT. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE CURRENT AGREEMENT. YOUR USE OF THE SITE OR THE APP AFTER THE POSTING OF ANY CHANGES WILL CONSTITUTE YOUR AGREEMENT TO THE MODIFIED TERMS.
1. General. By using the Site or the App, you, the user of the Site or the App ("User" or “You”), are subject to this Agreement. User may not use the Site or the App for any unlawful purpose.
3. Registration / Your Account. To use certain features of the Site and/or the App, You may be required to register an account (“Account”) with SOH (“Registration”). You agree (a) to provide accurate and complete information and to maintain and promptly update the information you provide. It is Your responsibility to maintain the confidentiality of the password issued by SOH to You and You agree to accept responsibility for all activities that occur under Your Account. SOH will have the right to rely upon any information received from any person using a password assigned to you and will incur no liability arising out of such reliance.
SOH has no obligation to verify the authenticity of any Registration information. PLEASE NOTE: IF YOU PROVIDE ANY INFORMATION THAT IS FALSE, MISLEADING, INACCURATE, NOT CURRENT OR INCOMPLETE DURING REGISTRATION OR OTHERWISE, WE HAVE THE RIGHT TO SUSPEND OR TERMINATE YOUR ACCOUNT AND REFUSE ANY AND ALL CURRENT OR FUTURE USE OF THE SERVICES (OR ANY PORTION THEREOF). ANY ACTIVITIES THAT ARE ILLEGALLY CARRIED ON WITHIN THE SITE OR BY USE OF THE APP WILL BE REPORTED TO THE APPROPRIATE FEDERAL, STATE OR LOCAL AUTHORITIES.
For questions related to updating or changing your Account information, please send an e-mail to firstname.lastname@example.org.
4. User Information. “User Information” is defined as any and all information or data You provide to SOH or SOH collects from You during Registration and through any interactive feature of the Site or the App, including email submissions, forum posting, and any and all other information You provide. You represent and warrant that Your User Information (i) is not false, inaccurate, incomplete or misleading; (ii) is not fraudulent; (iii) does not infringe any third party’s trademark, copyright, patent, trade secret, trade dress, publicity or privacy rights or other intellectual property or proprietary rights (collectively ”Infringement Violations”); (iv) does not violate any applicable federal, state, local, or foreign law, statute, ordinance or regulation (collectively, “Laws”); (v) is not defamatory, libelous, unlawfully threatening or unlawfully harassing; (vi) is not obscene and does not contain pornography; (vii) does not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (viii) does not create liability for SOH; and (ix) does not link directly or indirectly to another web site. SOH has the right but not the obligation to monitor and edit or remove any Your activity or content.
5. Fees and Charges. We currently do not charge for any Services offered through the Site or the App. In the event we introduce a new service, the fees for that service, if any, are effective at the launch of the service. We may also choose to temporarily lower the fees for any Service-based fees for promotional events, and such changes are effective when we post information about the promotional event on the Site.
6. License to Submitted Content. You hereby grant to SOH a cost free, royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use without restriction, all messages, files, text, pictures, drawings, photographs, artwork, opinions, ideas, suggestions, and other materials, content and feedback that you upload, post or submit to the Site or App or send to use for display on the Site or App, or which you send to other users on the Site or App (collectively, “Submitted Content”). Nothing contained in this Agreement shall limit or otherwise affect these rights.
7. Modifications of Site or App. You understand and agree that SOH may discontinue or change the Site or the App at any time, without notice. We may stop (temporarily or permanently) providing any or all Services or any features within the Services to You or users generally. We also may create limits on access and/or usage of the Site, App or Services; we may remove or refuse to allow access to Submitted Content, or modify the way in which Services are provided or used.
8. Copyright Protection. The content, features and functions displayed on the Site and in and on the App by SOH, including without limitation, such as text, graphics, logos, button icons, images, audio clips, video, data compilations, and software ("SOH Content" and collectively with Submitted Content, the “Content”), is the property of SOH or its third party licensors, and is protected by U.S. and international copyright and other intellectual property Laws.
9. Trademarks. The Site and App contain trademarks and trade names of SOH. Third party trademarks and trade names are the property of their respective owners. Nothing contained on the Site or App should be understood as granting You a license to use any of the trademarks, service marks, or logos owned by SOH or by any third party.
10. SOH Content Use Limitations. You agree not to copy, reproduce, modify, adapt, display, translate, transmit, perform, publish, create derivative works from, or store any SOH Content on the Site or App without the express prior written consent of SOH. You also agree not to distribute, transmit, broadcast or circulate any SOH Content to others, without the express prior written consent of SOH.
User may not post any SOH Content to any non-SOH owned or controlled forums, newsgroups, mail lists, electronic bulletin boards, or other web sites, without the prior written consent of SOH. Use of all SOH Content is for non-commercial purposes only.
11. Additional Use Limitations. You are prohibited from violating or attempting to violate any security features of the Site or App, including, without limitation, (i) accessing content or data not intended for You, or logging onto a server or account that You are not authorized to access; (ii) attempting to probe, scan, or test the vulnerability of the Site or App, or any associated system or network, or to breach security or authentication measures without proper authorization; (iii) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or App, overloading, “flooding”, “spamming”, “mail bombing”, or “crashing”; (iv) using the Site or App to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (v) using any automatic or manual process to monitor or copy any portion of the Site or App without SOH’s prior written permission; (vi) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services; (vii) introducing any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (viii) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by SOH in providing the Site or App. Any violation of system or network security may subject You to civil and/or criminal liability.
Our Services may be used only for lawful purposes. Transmission, posting, distribution or storage of material or conduct in violation of any Laws strictly prohibited. You agree not to use the Site or App in any manner which causes any Infringement Violations of SOH or any third party. You shall be solely responsible for any violations of any Laws and for any Infringement Violations of SOH or any third party rights caused by You. The burden of proving that your activities in connection with the Site or App do not violate any Laws or cause any Infringement Violations rests solely with You.
12. Violations. SOH may investigate reports of abuse or misuse and, if appropriate, limit, suspend or prohibit Your use of the Site or App or modify Your user profile to reflect its determinations. You agree that we may access Your Account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized use of the Site or App. SOH reserves the right to terminate Your Account or Your access to the site immediately, with or without notice to You, if we believe You have violated any terms of this Agreement, furnished SOH with false or misleading information, or interfered with use of the Site or App by others. All determinations are final and are made at SOH's sole discretion. In agreeing to this Agreement, You agree to participate in investigations and be bound by SOH's determinations. If SOH, in its sole discretion, determines that a violation of this Agreement has occurred, or if SOH believes that Your actions may cause legal liability for You, other users or us, SOH may take any actions or pursue any legal remedies that it believes are necessary or prudent, including, but not limited to, issuing a warning, filing a complaint, deleting any posted material from our Site, suspending or canceling Your Account, releasing User Information, filing a report with the appropriate authorities and/or excluding any person(s) who may have violated any terms of this Agreement. SOH may cooperate with any investigation by any federal, state, or local body or any court or tribunal. Such cooperation may be with or without notice to You.
You use the Site, the App and the Services at your own risk. You are solely responsible for use of the Services and for any Submitted Content that you post or publish. You view other users’ Submitted Content and interact with other Users on Site or with the App at your own risk.
We do not endorse, sponsor or promote any Submitted Content or guarantee its completeness, truthfulness, accuracy or reliability. By using the Services you may be exposed to Submitted Content you may consider offensive, harmful or inappropriate. All Submitted Content is the sole responsibility of the user who posts or publishes it. We have and assume no responsibility to monitor or control the interactions of users on the Site or App, and have and assume no responsibility for Submitted Content or for any content which is uploaded, transmitted or shared on the Site or App by any users.
13. DISCLAIMER OF WARRANTIES. Although SOH strives to provide high quality content, SOH does not guarantee or warrant the accuracy, completeness or timeliness of the SOH Content.
14. LIMITATION OF LIABILITY.
BY USING THE SITE, THE APP, THE CONTENT OR THE SERVICES, USER IS AGREEING THAT UNDER NO CIRCUMSTANCE WILL SOH OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARENTS, SUBSIDIARIES, PARTNERS AND AFFILIATES BE RESPONSIBLE FOR (I) ANY INFORMATION (REGARDLESS OF PROVIDED OR OMITTED BY SOH, ITS PARTNERS, OR OTHER THIRD PARTIES (INCLUDING OTHER USERS)) CONTAINED IN, DISPLAYED ON OR OMITTED FROM THE SITE OR THE APP; (II) ANY PERSON'S RELIANCE ON ANY CONTENT (REGARDLESS OF WHETHER PROVIDED BY SOH, ITS PARTNERS, OR OTHER THIRD PARTIES (INCLUDING OTHER USERS) OR SERVICES, WHETHER OR NOT THE CONTENT OR SERVICES ARE CORRECT (OR ADEQUATELY PERFORMED), CURRENT OR COMPLETE; (III) THE CONSEQUENCES OF ANY ACTION USER OR ANY OTHER PERSON TAKES OR FAILS TO TAKE BASED ON THE CONTENT OR SERVICES BY OR AS A RESULT OF THE USE OF THE SITE OR THE APP; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF USER’S TRANSMISSIONS OR DATA, OR (V) THE LOSS OF ANY PERSONAL DATA THROUGH THE SITE, OR DAMAGES CAUSED BY ANY ITEM BOUGHT OR SOLD THROUGH THE SITE.
USER SPECIFICALLY AGREES THAT IN NO EVENT SHALL SOH OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARENTS, SUBSIDIARIES, PARTNERS AND AFFILIATES BE LIABLE FOR ANY CONDUCT BY USER ASSOCIATED WITH THE SITE, INCLUDING, BUT NOT LIMITED TO, ACTIVITIES RELATING TO DATABASES, DIRECTORIES, COMMUNITIES, RESUMES, USER PROFILES, SURVEYS, CHAT ROOMS, MESSAGE BOARDS OR OTHER SERVICES CURRENTLY OFFERED OR THOSE SERVICES THAT WILL BE OFFERED IN THE FUTURE.
IN NO EVENT SHALL SOH OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARENTS, SUBSIDIARIES, PARTNERS AND AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE OR THE APP, OR FROM MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE PROPERTY, EVEN IF SOH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN THE EVENT SOH IS FOUND LIABLE, ITS LIABILITY TO USER OR ANY THIRD PARTIES IS LIMITED TO $50. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.
These limitations apply among other things to any third-party claims against SOH. The provisions of Sections 13-15 represent a reasonable allocation of the risks under this Agreement. SOH's willingness to allow you to access and use the Site and the App reflects this allocation of risk and the limitations of liability specified herein.
15. Indemnity. You agree to defend, indemnify and hold harmless SOH and (as applicable) its officers, directors, employees, agents, parents, subsidiaries, partners and affiliates against any and all claims and expenses, including attorneys' fees, resulting from or otherwise arising out of Your use of the Site and/or the App or breach of the Agreement, including, but not limited to, the Content; forum postings; communications between You, SOH, other Users, our business partners, and/or other third parties; and Infringement Violations and violation of Laws by You.
17. Applicable Law. User acknowledges that the SOH Content contained in this Site and the App is controlled in and originates from the United States. Users who choose to access this Site from other locations do so at their own risk and are responsible for compliance with applicable local laws. Any claim relating to the use of Site or the App and any Content shall be governed by the internal substantive laws of the State of Michigan, without regard to its conflicts of laws rules. User expressly consents to the jurisdiction of the state and federal courts of Michigan for any such claim.
18. Notice. Any notices given pursuant to this Agreement that are directed to SOH shall be given by postal mail to: Amjad Hussain, 950 Stephenson Hwy, Troy, MI 48083 USA, email@example.com.
Any notice from SOH that is directed to You shall be delivered to the mailing address or email address You provided us at the time of Registration. Notice shall be deemed given twenty four (24) hours after email is sent, unless we are notified that the email address is invalid or, in the case of notice sent via postal mail, three (3) business days after the date of mailing. SOH may also give notice of changes to this Agreement or other matters related to SOH by displaying notices to Users on the Site.
19. General. This Agreement constitutes the entire agreement between SOH and You with respect to Your use of the Site and the App, and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral with respect to this subject matter. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of any section. If any part of this Agreement is deemed invalid or void, that part of the Agreement shall be deemed severable and shall not affect the validity or enforceability of any of the remaining conditions. SOH's failure to act with respect to a breach by You or others does not waive our right to act with respect to subsequent or similar breaches. No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement. Sections 6, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 19, 20, 22, and 23 shall survive any expiration or termination of this Agreement.
20. Infringement Policy. You may not use the Site or the App for any purpose or in any manner that violates the rights of any third party. We respect the intellectual property rights of others and prohibit users from uploading and posting materials that infringes another party's intellectual property rights. If you believe that Your material has been copied in a way that constitutes copyright infringement, please provide our copyright agent the following written information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that You claim has been infringed upon; (iii) a description of where the material that You claim is infringing is located on the Site or the App; (iv) Your address, telephone number, and e-mail address; (v) a statement by You that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by You, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner of authorized to act on the copyright owner's behalf.
It is often difficult to determine if your intellectual property rights have been violated or if the Digital Millennium Copyright Act (DMCA) requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove or disable access to the allegedly infringing material pending resolution of the matter. We will terminate the accounts of users that we determine are repeat infringers.
Please note that under Section 512(f) of the Copyright Act any person who makes false claims that material or an activity is infringing may be subject to liability for damages.
Please contact SOH's Designated Agent to Receive Notification of Claimed Infringement at the following address:
Amjad Hussain, 950 Stephenson Hwy, Troy, MI 48083 USA firstname.lastname@example.org.
21. User Code of Conduct.
To try to keep SOH a safe place for all users, in addition to the other restrictions set forth above, you agree the following:
a. You will not post or publish unauthorized commercial communications on the Site or App;
b. You will not upload viruses or other malicious code;
c. You will not solicit or use login information or access an account which belongs to someone else;
d. You will not engage in conduct which is bullying, intimidation or harassment;
e. You will not post or publish content which is hateful, threatening or pornographic, or which incites or promotes violence, or which demonstrates or promotes discrimination against another person on the basis of race, ethnicity, national origin, gender, sexual orientation, gender identity, religious affiliation, age, disability or disease;
f. You will not use the Site or App to do or promote anything which is unlawful, malicious or discriminatory;
g. You will not interfere with the lawful use of the Site or App by any other user;
h. You will not encourage or promote the violation of this Code of Conduct by others, or assist others in such violations;
i. You will not create or use multiple accounts for any purpose, including evading or attempting to evade the temporary or permanent suspension of Your account;
j. You will not publish or post another person’s private or confidential information, identification documents or financial information without their express, prior written consent;
k. You will not publish or link to malicious content intended to damage or interfere with another person’s computer or mobile device, their use of the Site or App, or to interfere with their privacy.
22. Termination. If at any time we believe that you have violated or may violate any of the terms of this Agreement or the Code of Conduct, or that you create any risk or possibility of legal exposure for us or any other person, or if we decide to cease operation or support of the Site or App, we may, in our sole discretion, at any time or from time to time, with or without notice to You, temporarily or permanently (i) delete or disable Your Account; (ii) disable or prevent Your access to the Site or the App; (iii) disable or prevent Your use of the Site, the App, the Service or any feature, aspect or portion of any of them. In such event, this Agreement and your right and license to use the Site and App shall terminate, but the provisions of this Agreement which survive termination as set forth in Section 19, General, will still apply.
You may terminate this Agreement at any time by deactivating your account and discontinuing your use of the Site and/or the App. For assistance in doing so, contact email@example.com.
23. Dispute Resolution. You will resolve any claim, cause of action or dispute (“Claim”) you have with us arising out of this Agreement or your use of the Site, the App, or the Services exclusively in the state or federal courts located in Oakland County, Michigan.
If anyone brings a Claim against us related to Your use of the Site, App or Services, you will indemnify and hold us harmless from and against all damages, losses and expenses (including attorney fees and costs) related to such claim.
Copyright 2017 Show of Hands, LLC. All Rights Reserved.