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ask4feedback.com Terms of Service.

Last updated on October 17th, 2010
ask4feedback (www.ask4feedback.com) provides the capability of creation and/or use of interactive polls, created and maintained by its customers, to the user, who is at least eighteen (18) years old, or is a minor over the age of thirteen (13) who has parental permission.

Permission is hereby granted, free of charge, to use the ask4feedback poll application without any restrictions, except for altering the code provided for the poll.

THERE IS NO WARRANTY FOR ask4feedback, HEREBY REFERRED TO AS "SERVICE", TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE SERVICE "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE IS WITH YOU. SHOULD THE SERVICE PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MODIFIES AND/OR CONVEYS THE SERVICE AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE SERVICE TO OPERATE WITH ANY OTHER APPLICATIONS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ask4feedback reserves the right to terminate and/or modify the terms of this agreement at any time.

SERVICE PROVIDED

When you create a poll, ask4feedback may provide an HTML and/or Javascript code for you to include on your website (or any other page where you include such code, hereafter referred to simply as "Your website") to use certain features that we provide. ask4feedback cannot guarantee that such code will not interfere with other elements of Your website or that such coding will at all times work as described. You may not modify provided codes in any manner, except for changing the color and font to match your website.

ask4feedback is not obligated to monitor the Service, but may do so and may remove or edit any poll or message created through our site, or adjust your access to the Service. Polls or messages that ask4feedback may, in its sole discretion, elect to remove or edit include without limitation those which violate the "Restrictions" enumerated herein.

Polls and their results are provided for entertainment only, and are subject to error and innaccuracies. Although our polls are intended to allow and limit a unique user to one vote for the period of time specified when it was created, such an outcome cannot be guaranteed. Poll results may be skewed for a variety of reasons, including without limitation the group of users targeted.

Any URLs that may be assigned to you and/or polls you create belong to ask4feedback and not to you, and are not guaranteed to be available for any period of time.

ask4feedback will place advertisements on any polls created on our site, in exchange for the service provided. It is ask4feedback's sole discretion as to how many advertisements appear, and the form of these advertisements.

If you create a poll and choose to allow comments to be posted to your poll, you agree to monitor your poll, checking it at least once a day for any content that violates these terms, and removing such content.

CONTENT

ask4feedback ordinarily does not review messages or polls before they are posted to its service. Opinions expressed on a poll or its messages are those of the message author and not of ask4feedback. Likewise, ask4feedback makes no representations or warranties concerning the truth or falsity of any assertion of fact made by message authors on a poll.

ASK4FEEDBACK SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES YOU MAY SUFFER AS A RESULT OF ANY MESSAGES OR CONTENT POSTED BY THIRD PARTIES OR YOU TO OUR SERVICE.

RESTRICTIONS

You must be at least thirteen (13) years of age to post messages to any polls. The following content is not permitted to appear in any polls or messages created through our site:

* Racism
* Hatred
* Harassment
* Adult content
* Obscene material
* Nudity or pornography
* Material that infringes intellectual property or other proprietary rights of any 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, or warez
* Any illegal content
* Any link to or any image from a site containing any material outlined in these restrictions
* Any material deemed offensive or inappropriate by ask4feedback, in its sole discretion, after you have been informed that ask4feedback so deems the material (you agree that ask4feedback may remove such material or direct you to remove it without prior notice, however)

In addition, you may not use our services if Your website contains any content outlined in this section.

E-MAIL AND UNSOLICITED E-MAIL

Individuals or organizations that promote or use spamming (unsolicited bulk e-mail) or methods thereof are not allowed to use our site. Any reported incident of spamming, or any form of unsolicited e-mail or newsgroup posting that includes a link to or references to a poll, may result in IMMEDIATE termination of any related polls, and a ban from using any future ask4feedback services.

TERMINATION

ask4feedback reserves the right to terminate, or take steps to terminate your polls, messages and/or access to the Service, in whole or part, without warning, for any reason at its sole discretion, including without limitation any violation of a provision of these terms. ask4feedback further reserves the right to remove any polls or accounts determined in ask4feedback's sole discretion to be using excessive server resources.

Any polls you create and their associated data may be removed for inactivity at ask4feedback's discretion. Ordinarily, this will occur if your poll has not received a vote in over 45 days.

MODIFICATION

ask4feedback reserves the right to modify these terms of service at any time. You agree to review these terms of service regularly, and, at a minimum, to review these terms of service at least once every 15 days. Failure to discontinue use of our service within twenty-five (25) days of any such changes constitutes your acceptance of the new agreement

NOTIFICATION OF CLAIMED INFRINGEMENT

If you believe that content posted on a poll is violating your rights under U.S. copyright law, you may, report it in the site contact us form.

VIEWING, POSTING COMMENTS TO, OR CREATION OF A POLL AND/OR ACCOUNT CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS OF SERVICE.

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