Effective: June 1st, 2015; Changed: June 5th, 2015
We may alter this document from time to time and your continued use of the website following such change shall constitute your acceptance of the new terms. It is your responsibility to periodically check for changes to this document. If you do not agree to any changes then you must stop using the website immediately.
Pegwar is a social polling application comprised of user generated content that allows people to 1) create polls on any topic, 2) take polls of their interest, 3) view demographically driven poll results, and 4) join the discussion by commenting on and tagging polls. Additionally, Pegwar allows all users to promote polls in order to increase user engagement and purchase de-identified poll data for research and marketing purposes.
In order to access most areas of the website, you are required to register for an account using Facebook Log in. You may only register or log in using your own Facebook account; do not register or log in with anyone else’s account or accept permissions on their behalf. Do not register using a fake account, impersonate any person, or misrepresent your affiliation with anyone. By registering, you authorize Pegwar to send you notices via email.
User Generated Content
Pegwar is a collaborative polling project generated by a diverse community of individuals around the world. We allow anyone at any time to create and edit content; additionally, website content is not actively monitored. Therefore, any information on the website might be false, vandalized, or just plain stupid. Content on Pegwar has not been reviewed and we make no guarantee that the information on the website is accurate, reliable, legal, or safe. Pegwar is not responsible for the content of or your use of this information.
All content is the sole responsibility of the user who originated such content. You affirm that you own or have the necessary licenses, rights, and permissions to publish content that you submit. You should assume that content you post through Pegwar is publically available by default and will be available to other users, third party services, and websites. Pegwar reserves the right to remove or delete any content from the website at any time, at its sole discretion, for any reason or for no reason, and without notice to you.
You agree not to post or transmit any content which (a) is defamatory, libellous, threatening, unlawful, invasive of a person's privacy, harmful, abusive, harassing, obscene, pornographic, or hateful, (b) contains viruses, trojan horses, worms, or any other computer codes, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment, (c) repeatedly posts the same or similar message (i.e. flooding), (d) contains unsolicited promotions, advertising, or solicitations, (e) may infringe any person's or entity's intellectual property rights as below.
By using this website, you agree not to do the following:
- Violate any applicable federal, state, or local laws, statutes, or regulations
- Post or transmit any content that 1) you do not have the right to post, 2) infringes someone’s intellectual property, or 3) is defamatory, libellous, threatening, unlawful, invasive of a person's privacy, harmful, abusive, harassing, obscene, pornographic, or hateful
- Impersonate any person or otherwise misrepresent your affiliation with anyone
- Attempt to manipulate poll results by any means including automated scripts or spam messages
- Gather, collect, or scrape Pegwar content, data, or personal information available from the website for any purpose including to transmit any unsolicited communications to users
- Use any automated system that accesses Pegwar or sends requests to our server
- Destroy, deface, interfere, interrupt, or launch attacks against the website
- Access non-public areas of the website or unauthorized access to user accounts
Pegwar respects the intellectual property rights of others and expects users to do the same. All users are responsible for complying with all federal, state, and local copyright laws. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holder's' rights. As a condition to your use of Pegwar, you agree that you will not use the website to infringe the intellectual property rights of others in any way (including patents, trademarks, trade secrets, copyright, or other intellectual or other property rights). Pegwar will respond expeditiously to claims of copyright infringement committed using our platform. Pegwar acknowledges the fair use of copyrighted materials, and may keep such materials on the website under principles of fair use.
DMCA Notice of Alleged Infringement
If you are a copyright owner or authorized to act on behalf of a copyright owner, please report your notice of infringement by submitting a notice to Pegwar. Each Notice shall:
- Identify the copyrighted work with sufficient detail so that we can locate the material on Pegwar
- Include your full legal name, signature, mailing address, telephone number, and email address
Include both of the following statements in the body of the notice:
- "I hereby state that I have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law."
- "I hereby state, under penalty of perjury, that the information provided is accurate, and that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
- The Notice should be delivered to our Copyright Agent at the physical address or email address below
Attn: Copyright Agent
230 E Ontario St Suite 505
Chicago, IL 60611
Content Licensing and Ownership
When posting content on Pegwar, you will retain the rights for your material; however, you agree to grant all users a sub-license to your content under the Creative Commons Attribution License (“CC BY”). This means that users may 1) share, copy, and redistribute the material in any medium or format, 2) adapt, remix, transform, and build upon the material for any purpose, and 3) use the material, even commercially; but, must also give appropriate credit, provide a link to the license, and indicate if changes were made.
Additionally, when you post content to the website, you are granting Pegwar a non-exclusive, royalty-free, perpetual, fully sub-licensable, and commercially available right to use, reproduce, modify, process, display, adapt, incorporate, publish, transmit, distribute, sell, display, and delete such content, in whole or in part. This grant expressly allows Pegwar the ability to make available content to researchers and marketers. We may modify or adapt your content in order to transmit, display, or distribute it over computer networks and in various media and/or make changes to your content as are necessary to conform and adapt that content to any requirements or limitations of any networks, devices, services, or media.
We have the right, but not the obligation, to monitor any activity or content associated with the website. We may investigate any reported violation of these terms and take any action that we deem appropriate which may include issuing warnings, suspending, terminating, or attaching conditions to your access and/or removing any content from the website. Content created on Pegwar express the views of the author and not necessarily the views of Pegwar. We reserve the right to edit, delete, or refuse to post any content. If you feel that content on Pegwar is objectionable, please use our reporting system or contact us by emailing email@example.com.
Products, Services, Payments, and Refunds
Pegwar offers products and services including promoting polls and obtaining de-identified poll data; products and services may change or arise at any time. Prices for products and services are subject to change and may differ based on user demographics or previous user activity. All payments are due upon receipt of the product or service. If the payment is declined, Pegwar will revoke your product or service and require that you delete all data that you may have downloaded or transmitted. Pegwar has the right to remove or purge data from the website, even after the purchase of such data; it is the responsibility for the user to download and backup such purchased data. All purchases are entitled to refund; however, refunds are granted on a case-by-case basis. If you have any questions or concerns please contact firstname.lastname@example.org.
The website may contain links to other third-party sites or resources that are not owned or controlled by Pegwar. You agree that Pegwar is not responsible for the accuracy, content, advertising, privacy policies, or products of any third party website. The inclusion of any link on Pegwar does not imply endorsement.
Availability of Website and Features
You acknowledge that from time to time the website may be inaccessible or inoperable for any reason, including 1) periodic maintenance, 2) equipment malfunctions, or (c) other causes beyond our reasonable control. Pegwar will solely control all website features, functionality, and content and has the right to modify the same at any time. We may, without prior notice, change the website or stop providing specific features of Pegwar.
Pegwar may terminate a user's access to the website if the user is determined to be a repeat infringer. You may end your legal agreement with Pegwar at any time by deactivating your account and discontinuing your use of the website. You may deactivate your Pegwar account and remove your personal data from view at any time by emailing us at email@example.com.
Rights Belonging to Pegwar
Pegwar reserves the right to exercise, by lawful means, whatever it deems necessary to prevent or rectify unauthorized use, including issuing warnings, technological barriers, IP mapping, directly contacting your Internet Service Provider (ISP), contacting appropriate law enforcement officials, or seeking legal action against you. “Pegwar” is a trademarked entity of Pegwar LLC, all rights reserved. All website resources are subject to copyright including but not limited to our specific branding, names, trademarks, logos, icons, themes, colors, layouts, processes, files, code, or functions. Website resources may not be reproduced, copied, or redistributed without our express prior written consent. For inquiries please contact firstname.lastname@example.org.
The laws of the State of Illinois will govern this agreement and you submit to the jurisdiction of their courts.
BY CONTINUING TO USE THE WEBSITE, YOU ARE INDICATING YOUR ACCEPTANCE OF AND AGREEMENT TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL REVISIONS THEREOF.