Terms & Conditions
ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW.
The Polliticly Service
We agree to provide you with the Polliticly Service. The Service includes all of the Polliticly products, features, applications, services, technologies, and software that we provide to advance Polliticly's mission: Create a platform that enables constructive expression and community betterment. Create an educational tool that enriches the minds of users and the communities they inhabit. We utilize American made products and prioritize local vendors in our procurement process. Create a business model to redefine how Americans use social media to interact with current events, legislation, economics, and sociology. All while earning Polliticly Points which can be redeemed for Programs Powered by Polliticly. The Service is made up of the following aspects:
● Understanding Polliticly
We are in the business of constructive expression, community betterment and celebrating people. Created to construct a
marketplace of ideas, we offer a platform that allows individuals to
earn points and effect lasting change in their communities. Being a user of the app makes you eligible to participate in our CIVIC system, which gives you the opportunity to redeem these points for events powered by Polliticly.
● Fostering a positive, inclusive, and safe environment. We develop and use tools and offer resources to our community members that help to make their experiences positive and inclusive, including when we think they might need help. We also have teams and systems that work to combat abuse and violations of our Terms and policies, as well as harmful and deceptive behavior. We use all the information we have-including your information-to try to keep our platform secure. We also may share information about misuse or harmful content with Polliticly or law enforcement.
● Polliticly Points
Points can only be redeemed for Programs Powered by Polliticly. Polliticly, Inc. reserves the right to revoke and/or nullify “Polliticly Points” at any time.
● Programs Powered by Polliticly
As a user of Polliticly you agree to receive any form of communication regarding the balance of your points and the decision to redeem them. During the redeeming process the user will be offered a set of options and must choose one. Programs Powered by Polliticly are facilitated in an effort to stimulate local economies throughout the United States of America.
● Ensuring access to our Service.
To operate our Service, we must store and transfer data across Amazon Web Services(AWS)’ global network, including outside of your country of residence. The use of this AWS is necessary and essential to provide our Service. The data is hosted by AWS and managed by Polliticly, Inc.
● We use data from Polliticly Inc. to assign Polliticly Points and reserve the right to sell said data in order to fund our operating budget. ● Research and innovation.
We use the information to figure out how to better serve our users and make our application as efficient as possible.
How Our Service Is Funded
Instead of paying to use Polliticly, by using the Service covered by these Terms, you acknowledge that we can sell your data to businesses and organizations. We use your personal data, such as information about your activities to generate insights which will be sold to businesses and organizations.
By selling your data to businesses and organizations, Polliticly Inc. is able to fund our Programs Powered by Polliticly.
Providing our Service requires collecting and using your information. The Data Policy explains how we collect, use, and share information across Polliticly. As of now we do not have customizable privacy settings. You must agree to the Data Policy to use Polliticly.
In return for our commitment to provide the Service, we require you to make the below commitments to us.
Who Can Use Polliticly. We want our Service to be as inclusive as possible, but we also want it to be secure, safe, and in accordance with the law. So, we need you to commit to a few restrictions in order to be part of the Polliticly community.
● You must not be a convicted sex offender.
● You must be at least 15 years old.
● You must be located in the United States.
● You must not be an agent of any foreign agency.
● You must not be prohibited from receiving any aspect of our Service under applicable laws or engaging in payments related Services if you are on an applicable denied party listing.
● We must not have previously disabled your account for violation of law or any of our policies.
How You Can't Use Polliticly. Providing a safe and open Service for a broad community requires that we all do our part.
● You can't impersonate others or provide inaccurate information. You must provide us with accurate and up to date information (including registration information), which may include providing personal data. Also, you may not impersonate someone or something you aren't, and you can't create an account for someone else unless you have their express permission.
● You can't do anything unlawful, misleading, or fraudulent or for an illegal or unauthorized purpose.
● You can't violate (or help or encourage others to violate) these Terms
● You can't do anything to interfere with or impair the intended operation of the Service.
This includes misusing any reporting, dispute, or appeals channel, such as by making fraudulent or groundless reports or appeals. ● You can't attempt to create accounts or access or collect information in unauthorized ways.
This includes creating accounts or collecting information in an automated way without our express permission.
● You can't use a domain name or URL in your username without our prior written consent.
● You can’t sell, license, or purchase any account or data obtained from us or our Service.
This includes attempts to buy, sell, or transfer any aspect of your account (including your username); solicit, collect, or use login credentials of other users. You can't post someone else’s private or confidential information without permission or do anything that violates someone else's rights, including intellectual property rights
(e.g., copyright infringement, trademark infringement, counterfeit, or pirated goods).
You may use someone else's works under exceptions or limitations to copyright and related rights under applicable law. You represent your own or have obtained all necessary rights to the content you post or share. Learn more, including how to report content that you think infringes your intellectual property rights.
● You can’t modify, translate, create derivative works of, or reverse engineer our products or their components.
Permissions You Give to Us. As part of our agreement, you also give us permissions that we need to provide the Service.
● You agree that we can download and install updates to the Service on your device.
● We do not claim ownership of your content, but you grant us a license to use it.
We do not claim ownership of your content that you post on or through the Service and you are free to share your content with anyone else, wherever you want. However, we need certain legal permissions from you (known as a “license”) to provide the Service. When you upload content that is covered by intellectual property rights (like) on or in connection with our Service, you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). This license will end when your content is deleted from our systems. You can delete content all at once by deleting the app.
● Permission to use your name and personal information and all activities on the Service.
You give us permission to show your name and personal information and all activities that are displayed on Polliticly, without any
compensation to you. For example, we may sell your information to whomever is in the market for information except for governments and foreign agencies.
Additional Rights We Retain
● If you select a username or similar identifier for your account, we may change it if we believe it is appropriate or necessary (for example, if it infringes someone's intellectual property or impersonates another user).
● If you use content covered by intellectual property rights that we have and make available in our Service (for example, images, designs, videos, or sounds we provide that you add to content you create or share), we retain all rights to our content (but not yours).
● You can only use our intellectual property and trademarks or similar marks with our prior written permission.
● You must obtain written permission from us to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.
Content Removal and Disabling or Terminating Your Account
● Content will not be deleted within 90 days of the account deletion or content deletion process beginning in the following situations: ○ where your content has been used by others in
accordance with this license and they have not deleted it (in which case this license will continue to apply until that content is deleted); or
○ where deletion within 90 days is not possible due to technical limitations of our systems, in which case, we will complete the deletion as soon as technically feasible; or ○ where deletion would restrict our ability to:
■ investigate or identify illegal activity or
violations of our terms and policies (for
example, to identify or investigate misuse of
our products or systems);
■ protect the safety and security of our products,
systems, and users;
■ comply with a legal obligation, such as the
preservation of evidence; or
■ comply with a request of a judicial or
administrative authority, law enforcement, or a
○ in which case, the content will be retained for no longer than is necessary for the purposes for which it has been retained (the exact duration will vary on a case-by-case basis).
● If you delete or we disable your account, these Terms shall terminate as an agreement between you and us, but this section and the section below called "Our Agreement and What Happens if We Disagree" will still apply even after your account is terminated, disabled, or deleted.
Our Agreement and What Happens if We Disagree
● If any aspect of this agreement is unenforceable, the rest will remain in effect.
● Any amendment or waiver to our agreement must be in writing and signed by us. If we fail to enforce any aspect of this agreement, it will not be a waiver.
● We reserve all rights not expressly granted to you.
Who Has Rights Under this Agreement.
● Our past, present, and future affiliates and agents, including Polliticly, Inc., can invoke our rights under this agreement in the event they become involved in a dispute. Otherwise, this agreement does not give rights to any third parties.
● You cannot transfer your rights or obligations under this agreement without our consent.
● Our rights and obligations can be assigned to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law.
Who Is Responsible if Something Happens.
● Our Service is provided "as is," and we can't guarantee it will be safe and secure or will work perfectly all the time. TO THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ● We also don’t control what people and others do or say, and we aren’t responsible for their (or your) actions or conduct (whether online or
offline) or content (including unlawful or objectionable content). We also aren’t responsible for services and features offered by other people or companies, even if you access them through our Service.
● Our responsibility for anything that happens on the Service (also called "liability") is limited as much as the law will allow. If there is an issue with our Service, we can't know what all the possible impacts might be. You agree that we won't be responsible ("liable") for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we know they are possible. This includes when we delete your content, information, or account. Our aggregate liability arising out of or relating to these Terms will not exceed the greater of $10 or the amount you have paid us in the past twelve months.
● You agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with these Terms or your use of the Service. You will cooperate as required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.
How We Will Handle Disputes.
● Except as provided below, you and we agree that any cause of action, legal claim, or dispute between you and us arising out of or related to these Terms or Polliticly ("claim(s)") must be resolved by arbitration on an individual basis. Class actions and class arbitrations are not permitted; you and we may bring a claim only on your own behalf and cannot seek relief that would affect other Polliticly users. If there is a final judicial determination that any particular claim (or a request for particular relief) cannot be arbitrated in accordance with this provision's limitations, then only that claim (or only that request
for relief) may be brought in court. All other claims (or requests for lief) remain subject to this provision.
● Instead of using arbitration, you or we can bring claims in your local "small claims" court, if the rules of that court will allow it. If you don't bring your claims in small claims court (or if you or we appeal a small claims court judgment to a court of general jurisdiction), then the claims must be resolved by binding, individual arbitration. The American Arbitration Association will administer all arbitrations under its Consumer Arbitration Rules. You and we expressly waive a trial by jury.
The following claims don't have to be arbitrated and may be brought in court: disputes related to intellectual property (like copyrights and trademarks), violations of our Platform Policy, or efforts to interfere with the Service or engage with the Service in unauthorized ways (for example, automated ways). In addition, issues relating to the scope and enforceability of the arbitration provision are for a court to decide. This arbitration provision is governed by the Federal Arbitration Act. You can opt out of this provision within 30 days of the date that you agreed to these Terms. To opt out, you must send your name, residence address, username, email address or phone number you use for your Polliticly account, and a clear statement that you want to opt out of this arbitration agreement, and you must send them here: Polliticly, Inc., ATTN: Polliticly, Inc. 400 Scotia Dr. Apt 206 Hypoluxo, FL 33462
● Before you commence arbitration of a claim, you must provide us with a written Notice of Dispute that includes your name, residence address, username, email address or phone number you use for your Polliticly account, a detailed description of the dispute, and the relief you seek. Any Notice of Dispute you send to us should be mailed to Polliticly, Inc., ATTN:Polliticly, Inc. 400 Scotia Dr. Apt 206 Hypoluxo, FL 33462.
● Before we commence arbitration, we will send you a Notice of Dispute to the email address you use with your Polliticly account, or other appropriate means. If we are unable to resolve a dispute within thirty (30) days after the Notice of Dispute is received, you or we may commence arbitration.
● We will pay all arbitration filing fees, administration and hearing costs, and arbitrator fees for any arbitration we bring or if your claims seek less than $75,000 and you timely provided us with a Notice of Dispute. For all other claims, the costs and fees of arbitration shall be allocated in accordance with the arbitration provider's rules, including rules regarding frivolous or improper claims.
● For any claim that is not arbitrated or resolved in small claims court, you agree that it will be resolved exclusively in the U.S. District Court for the Southern District of Florida or a state court located in Leon County. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim.
● The laws of the State of Florida, to the extent not preempted by or inconsistent with federal law, will govern these Terms and any claim, without regard to conflict of law provisions.
We always appreciate feedback or other suggestions, but may use them without any restrictions or obligation to compensate you for them, and are under no obligation to keep them confidential.
Updating These Terms
We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete the app from the device.
Revised: January 11, 2022
This policy describes the information we process to operate Polliticly. I. What kinds of information do we collect?
To provide the Polliticly Points, we must process the information you provide and synthesize it as we see fit. The types of information we collect depend on how you use Polliticly.
Things you and others do and provide.
● Information and content you provide. We collect the content and other information you provide when you use Polliticly, including when you sign up for an account, create or contribute to content, and message or communicate with others. This can include information in or about the content you provide (like metadata), such as your address and the date a file was created. Our systems automatically process content you and others provide to analyze context and what's in them for the purposes described below.
● Your usage. We collect information about how you use Polliticly, such as the types of content you view or engage with; the features you use; the actions you take; and the time, frequency and duration of
your activities. For example, we log when you're using and have last used Polliticly, and what content you view on Polliticly.
● Information about transactions made on Polliticly. If you use Polliticly for financial transactions (such as when you make a purchase in a game or make a donation), we collect information about the purchase or transaction. This includes payment information, such as your credit or debit card number and other card information; other account and authentication information; and billing, shipping and contact details.
Information we obtain from these devices includes:
● Device attributes: information such as the operating system, hardware and software versions, battery level, signal strength, available storage space, browser type, app and file names and types, and plugins.
● Device operations: information about operations and behaviors performed on the device, such as whether a window is foregrounded or backgrounded, or mouse movements (which can help distinguish humans from bots).
● Identifiers: unique identifiers, device IDs, and other identifiers, such as from games, apps or accounts you use, and Family Device IDs (or other identifiers unique to Polliticly associated with the same device or account).
● Device signals: Bluetooth signals, and information about nearby Wi-Fi access points, beacons, and cell towers.
● Data from device settings: information you allow us to receive through device settings you turn on, such as access to your GPS location, camera or photos.
● Network and connections: information such as the name of your mobile operator or ISP, language, time zone, mobile phone number, IP address, and, connection speed
● Cookie data: data from cookies stored on your device, including cookie IDs and settings.
Information from partners.
Partners receive your data when you visit or use their services or through third parties they work with. We require each of these partners to have lawful rights to collect, use and share your data before providing any data to us.
II. How do we use this information?
We use the information we have (subject to choices you make) as described below and to provide and support the operation of Polliticly.
Provide, and improve our Polliticly.
● Location-related information: We use location related
information-such as your current location, where you live.
● Product research and development: We use the information we have to develop, test and improve Polliticly, including by conducting surveys and research, and testing and troubleshooting new products and features.
● Ads and other sponsored content: We use the information we have about you-including information about your interests, actions and connections-to select and personalize ads, offers and other
sponsored content that we show you.
Provide measurement, analytics, and other business services. Promote safety, integrity and security.
We use the information we have to verify accounts and activity, combat harmful conduct, detect and prevent spam and other bad experiences, maintain the integrity of our Polliticly, and promote safety and security on and off of Polliticly.
Communicate with you.
We use the information we have to send you marketing communications, communicate with you about our Polliticly, and let you know about our policies and terms. We also use your information to respond to you when you contact us.
Research and innovate for social good.
We use the information we have (including from research partners we collaborate with) to conduct and support research and innovation on topics of general social welfare, technological advancement, public interest, health and well-being.
III. How is this information shared?
Your information is shared with others in the following ways:
Sharing on Polliticly.
Posts created can include your name or you can opt to be anonymous. Responses to posts are never shown to other users on Polliticly.
Content others share
On Polliticly you will see posts from others that you can engage with. All posts are reviewed by our internal review team. We are not responsible for any malicious content or links shared on Polliticly. While we diligently review all posts, the Service is not liable for any damages caused by any content on the Service.
If the ownership or control of all or part of Polliticly or their assets changes, we may transfer your information to the new owner.
Sharing with Third-Party Partners
We work with third-party partners who help us provide and improve the Service and help third-party partners grow their businesses, which makes it possible to operate our companies and provide free services to people in the United States
of America. We do sell all of your information to various businesses but never governments or foreign agencies. Here are the types of third parties we share information with:
Partners who use our analytics services.
We provide aggregated statistics and insights that help people and businesses understand how people are engaging with content on Polliticly. For example, aggregate demographic and other information that helps them understand interactions of users.
We provide advertisers with reports about the kinds of people interacting with content and how they can provide their services to you. We do share information that personally identifies you (information such as your name or email address that by itself can be used to contact you or identify who you are). For example, we provide demographic and interest information to advertisers.
Vendors and service providers.
We provide information and content to vendors and service providers who support our business, such as by providing technical infrastructure services, analyzing how Polliticly is used, providing customer service, facilitating payments or conducting surveys.
Researchers and academics.
We also provide information and content to research partners and academics to conduct research that advances scholarship and innovation that support our
business or mission, and enhances discovery and innovation on topics of general social welfare, technological advancement, public interest, health and well-being.
Law enforcement or legal requests.
We share information with law enforcement or in response to legal requests in the circumstances outlined below.
IV. How can I manage or delete information about me?
We store data until it is no longer necessary to provide the service, or until your account is deleted - whichever comes first. This is a case-by-case determination that depends on things like the nature of the data, why it is collected and processed, and relevant legal or operational retention needs. If you submit a copy of your government-issued ID for account verification purposes, we delete that copy 30 days after review, unless otherwise stated.
To delete your account you can delete the app from your device and send an email to us at firstname.lastname@example.org.
V. How do we respond to legal requests or prevent harm?
We access, preserve and share your information with regulators, law enforcement or others:
● In response to a legal request (like a search warrant, court order or subpoena) if we have a good faith belief that the law requires us to do so. This may include responding to legal requests from jurisdictions outside of the United States when we have a good-faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized
● When we have a good-faith belief it is necessary to: detect, prevent and address fraud, unauthorized use of Polliticly, violations of our terms or policies, or other harmful or illegal activity; to protect ourselves (including our rights, property or Polliticly), you or others, including as part of investigations or regulatory inquiries; or to prevent
death or imminent bodily harm. For example, if relevant, we provide information to and receive information from third-party partners about the reliability of your account to prevent fraud, abuse and other harmful activity on and off our Polliticly.
Information we receive about you (including financial transaction data related to purchases made with Polliticly) can be accessed and preserved for an extended period when it is the subject of a legal request or obligation, governmental investigation, or investigations of possible violations of our terms or policies, or otherwise to prevent harm. We also retain information from accounts disabled for terms violations for at least a year to prevent repeat abuse or other term violations.
VI. How do we operate and transfer data as part of our global services?
We share information globally, both internally within Polliticly, Inc., and externally with our partners and with those you connect and share with around the world in accordance with this policy. Your information may, for example, be transferred or transmitted to, or stored and processed in the United States or other countries
outside of where you live for the purposes as described in this policy. These data transfers are necessary to provide the services set forth in the Terms of Service. We utilize standard contract clauses that rely on the European Commission's adequacy decisions about certain countries, as applicable, and obtain your consent for these data transfers to the United States and other countries.
VII. How will we notify you of changes to this policy?
We'll notify you before we make changes to this policy and give you the opportunity to review the revised policy before you choose to continue using our Products.
VIII. How to contact Polliticly with questions
You can learn more about how privacy works by contacting us. If you have questions about this policy, you can contact us as described below.
You can contact us on our website or by mail at:
ATTN: Polliticly, Inc. 400 Scotia Dr. Apt 206 Hypoluxo, FL 33462 Privacy Notice for California Residents
If you are a California resident, you can learn more about your consumer privacy rights by reviewing the California consumer privacy notice.
Polliticly has never turned over our encryption or authentication keys or our customers' encryption or authentication keys to anyone.
Polliticly has never weakened, compromised, or subverted any of its encryption at the request of law enforcement or another third party.
Polliticly has never modified customer content at the request of law enforcement or another third party.
Polliticly has never modified the intended destination of DNS responses at the request of law enforcement or another third party.
Polliticly has never provided any law enforcement organization a feed of our customers' content transiting our network.
Polliticly has never provided any law enforcement organization a feed of our customers' content transiting our network.
Polliticly has never installed any law enforcement software or equipment anywhere on our network.
Polliticly is a celebration of people through constructive expression and community betterment. You use the app, we sell your data, we give back to local communities across the United States of America.
In some cases, we allow content for public awareness which would otherwise go against our Community Guidelines – if it is newsworthy and in the public interest. We do this only after weighing the public interest value against the risk of harm and we look to international human rights standards to make these judgments.
● Follow the law.
We have zero tolerance when it comes to sharing sexual content involving minors or threatening to post intimate images of others. ● Respect other members of the Polliticly community.
We want to foster a positive, diverse community. We remove content that contains credible threats or hate speech, content that targets private individuals to degrade and/or shame them, personal
information meant to blackmail or harass someone, and repeated unwanted messages. We do generally allow stronger conversation around people who are featured in the news or have a large public audience due to their profession or chosen activities.
It's never OK to encourage violence or attack anyone based on their race, ethnicity, national origin, sex, gender, gender identity, sexual orientation, religious affiliation, disabilities, or diseases. When hate speech is being shared to challenge it or to raise awareness, we may allow it. In those instances, we ask that you express your intent clearly.
Serious threats of violence to public and personal safety aren't allowed. This includes specific threats of physical harm as well as threats of theft, vandalism, and other financial harm. We carefully review reports of threats and consider many things when determining whether a threat is credible.
● Maintain our supportive environment by not glorifying self-injury. The Polliticly community cares for each other, and is often a place where people facing difficult issues such as eating disorders, cutting, or other kinds of self-injury come together to create awareness or find support. Encouraging or urging people to embrace self-injury is counter to this environment of support, and we’ll remove it or disable accounts if it’s reported to us. We may also remove content identifying victims or survivors of self-injury if the content targets them for attack or humor.
● Be thoughtful when posting newsworthy events.
We understand that many people use Polliticly to share important and newsworthy events. Some of these issues can involve graphic images. Because so many different people and age groups use Polliticly, we may remove videos of intense, graphic violence to make sure Polliticly stays appropriate for everyone.
We understand that people often share this kind of content to condemn, raise awareness or educate. If you do share content for these reasons, we encourage you to caption your photo with a warning about graphic violence. Sharing graphic images for sadistic pleasure or to glorify violence is never allowed.
Help us keep the community strong:
● Each of us is an important part of the Polliticly community. If you see something that you think may violate our guidelines, a team that reviews these reports and works as quickly as possible to remove content that doesn’t meet our guidelines. When you complete the report, try to provide as much information as possible, such as links, usernames, and descriptions of the content, so we can find and review it quickly. We may remove entire posts if either the imagery or associated captions violate our guidelines.
● You may find content you don’t like, but doesn’t violate the Community Guidelines. Keep an open mind to ideas that may conflict with your current beliefs.
● We may work with law enforcement, including when we believe that there’s risk of physical harm or threat to public safety.