Papaya Polls Terms of Service
Papaya Polls, owned and operated by Perceptus Solutions Inc., a British Columbian corporation, which provides inter-related hosted tools to create, record, and analyse surveys and their responses. Any surveys received that carry the Papaya Polls logo are hosted using our services, but were not sent by Papaya Polls. Rather, they are sent by the party building the survey using our design tools.

I. Definitions

For purposes of this agreement:

II. Services Provided
The Company cannot be held responsible for the content of surveys or pages hosted under our service. The Company does not review surveys or pages for content before they are posted, and does not verify, endorse or otherwise take responsibility for the contents of any user-created surveys or pages. However, we reserve the right to remove any surveys or pages from our servers at our free discretion. Users are solely responsible for all developed materials, and can be held legally liable for the contents of their surveys or pages.

III. Acceptable Use
The Company may terminate user accounts at any time, without notice for conduct that violates these guidelines, or for any other reason, and may terminate user accounts and delete any and all user information for conduct that The Company believes is harmful to the business, or any of its users, or partners. Pages found in violation of these items may be subject to immediate deletion and removal from our servers, and their webmasters and companies subject to banishment from our survey site network. The following is a non-exclusive list of content and behaviours that are UNACCEPTABLE to The Company.

  1. Content that contains or contains links to: nudity, pornography, adult content, sex, swearing, abusive or foul language, or images that exploit children under 18 years of age.
  2. Content that condones, promotes, contains, or links to warez, cracks, hacks, their associated utilities, or other piracy related information, whether for educational purposes or not.
  3. Content or surveys that are promoted through the sending of unsolicited email (spamming) or mail fraud schemes, or surveys that promote or condone the sending of unsolicited email to individuals not affiliated with the sender. Users of The Company resources are subject to prosecution to the fullest extent of the law.
  4. Content that commits acts of copyright, trademark, patent, trade secret or other intellectual property infringement.
  5. Content that is racist, or otherwise extremely offensive to others, including content that aggravates, harasses, threatens, defames, or abuses others.

IV. Member Information and Password(s)
Member shall provide current, complete, accurate information in the registration with the Site. Member shall further update and keep such information current as needed. Member shall provide a password in order to access the hosted survey tools. Member is solely responsible for maintaining the confidentiality of Member's password and account information. Member shall immediately notify Papaya Polls of any unauthorized account activity, or any unauthorized use of Member's email list(s) or any other breach of security known to Member.

V. Disclaimer of Warranties and Indemnification
The Company provides space for hosting surveys, but makes no implied or express warranties about the reliability of this space or related services. The Company is not responsible for any deletion, alteration, or loss of data, survey, or results due to network or system outages, file corruption, accidental deletion, incompatibilities or any other reasons. The Company makes no guarantees as to server reliability, speed, or consistency, and cannot be held liable for such.

  1. Users are responsible for regularly monitoring and creating backups of their own files, and agree to use The Company resources and infrastructure at their own risk. This service is provided on an "as is" basis without warranties of any kind, either expressed or implied. Neither The Company nor its partners makes any warranty with respect to any content, information, services, or products provided through or in conjunction with this service.
  2. The Company and its partners make no guarantee of the accuracy, correctness, or completeness of any information on these web pages, surveys, databases, or results and are not responsible for any errors or omissions arising from the use of such information; any failures, delays, or interruptions in the delivery of any content or services contained on our servers; or losses or damages arising from the use of the content or services provided by The Company.
  3. The Company and its parent company reserves the right to include traffic generated by all web sites it hosts in its overall accounting of page views, unique users, and other usage measures. This includes providing web traffic measurement companies with all URLs hosted by The Company for use in their projection of The Company and the parent company's overall traffic.
  4. The Company may also link to or include on its web site resources and information provided by 3rd party partners and providers. We do not guarantee the reliability of this information, nor does the inclusion of this information imply our recommendation of these services; it is merely provided to assist you in the creation of your web site and provide added value to our service.
  5. You agree to indemnify The Company and its partners against any and all claims and expenses, including attorneys' fees, arising from the your use of this service. This expressly includes your responsibility for any and all liability arising from the violation or infringement of proprietary rights or copyrights and any libellous or unlawful material contained within your survey or web site.

VI. Limitation of Liability
To the fullest extent permissible pursuant to applicable law, neither Papaya Polls nor any parent entities, subsidiaries, affiliates, officers or employees shall be liable for any direct, indirect, special, incidental, consequential or punitive damages arising out of member's access to, use of, inability to use, or reliance on the service or any surveys, survey responses or survey results, even if advised of the possibility of such damages. If Member is dissatisfied with the service, the materials available on or through the service or the site, or with any of the Terms of Agreement, Member's sole and exclusive remedy is to discontinue using the service and leave the site immediately.

VII. Privacy
Papaya Polls is committed to its policy of protecting the privacy and confidential information of the Members. The Company will not sell any Members' information nor any Members' survey and response data to third parties without prior permission from the Members in question. The Company's detailed privacy policy is available online.

VIII. Other rules and guidelines

  1. Each user is responsible for building and updating his/her web page or survey, and regularly backing up any related data.
  2. Expired user accounts and associated user data including surveys and their responses may be deleted at any time, in order to free up computing resources.

IX. Modification to Services Provided; Terms of Agreement
Member acknowledges and agrees that Papaya Polls may, with or without notice, modify, delete, or amend the Services and/or Site provided hereunder. Further, Member acknowledges and agrees that Papaya Polls may further modify, delete or amend the Terms of Agreement from time to time, including charging a fee or fees for some services. In either event, Papaya Polls will notify Member of any modification in fees by email. If Member does not accept the modification, deletion or amendment, Member must terminate Member's membership at that time. Any and all use of the Site or the Services by Member after the notice is posted shall be deemed to be acceptance of the modification, deletion or amendment (as well as all other terms and conditions) to the Services, Site or Terms of Agreement

Change Log

  • Addition of link to Privacty Policy in Section VII - 12 December, 2005
  • Initial Policy - 27 February, 2003
  • Papaya Polls