Welcome to Polliticly!
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 government agency;
- 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