Description of Platform
Thinkster is a social networking platform with a polling component at its core. The Platform invites users to create accounts which reflect key personal demographic information (i.e. age, gender, education level, etc.) and to participate in polling activities, including answering questions regarding opinions on social, political and economic issues, current events, and personal preferences, as well as business-sponsored topics.
The Service Provider collects data from user accounts and the responses to such polling questions, processes it, and sells it third parties (the "Customers"). Customers may include businesses and other for-profit organizations, as well as non-commercial organizations or applications, such as use by teachers or professors in an educational setting. Customers may also purchase the right to sponsor polling questions relating to their organization and advertising space through the Platform.
The data which is provided by Customers will be de-identified (i.e. information which may be reasonably expected to identify an individual, such as name, phone number and street address have been removed) and will be disclosed on an aggregated basis where possible. Customers are not provided with your direct contact information.
The Platform also permits users to communicate with other users directly and to add other users as "friends" (collectively, "Communications"). If you choose to respond to a question, the Platform may provide you with information regarding your "friends'" responses to the same question. The Platform may also provide you with a list of other users who have answered a number of questions the same way as you and/or the opposite of you. The Platform uses your information in order to connect "friends" and/or users with similar interests.
The Platform makes all responses to each polling question available to all users of the Platform on a de-identified and aggregated basis as described above. These results are filterable based on personal demographic information, but at no time will identifiable polling results be made available to all users or Customers. Identifiable information is only shared with "friends" with your clear consent.
Lastly, the Platform also provides public discussion panels for every polling question. Comments made on discussion panels within the Platform are public and may be viewed by all users of the Platform.
In order to access the Platform's functions, you will be required to register as a user and set up an account with your username, password and certain other personal demographic information. Mandatory demographic information includes your age, gender, race, and postal code. An account cannot be created without this mandatory information. Additional information including, but not limited to, your political affiliation and religious denomination, may be provided on an optional basis. You represent that all information provided to the Service Provider during registration and at all other times is true, accurate, current, and complete, and you agree to update such information as required.
On the Platform, your username is listed publicly to all users. You may select any username of your choice and may use either your real name or a pseudonym. All responses to polling questions and user communications done through the Platform will be tied to this username. If you do use your own name as your username on the Platform, you consent to it being passed to others by use of the Platform.
You are responsible for safeguarding your account, including maintaining the confidentiality of your log-in credentials, password and account, and for any and all statements made, and acts or omissions that occur through the use of your password and account. You must take steps to ensure that others do not gain access to your password and account and you must notify the Service Provider immediately in writing of any breach of security or unauthorized use of your account, in which case we may initiate an investigation and freeze the use of your account, at our discretion. You may not transfer, sell, license, assign or share your account or any account rights with anyone. We reserve the right to immediately terminate your account if you are in breach of these requirements.
Conduct on Platform
You are solely responsible for your use of the Platform, for any activity that occurs through your account, and for any data, text, information, profiles, links and other content or material that you submit or post on or through the Platform. You should only provide information that you are comfortable sharing with others.
You are expected to use the Platform lawfully and in compliance with this Agreement. By using the Platform, you agree to comply with the following:
to obey all applicable laws and regulations;
not to infringe any third-party right (including, but not limited to, privacy and intellectual property rights)
not to communicate in a manner that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you or to any other person; (ii) may create a risk of any other loss or damage to any person or property; (iii) may constitute or contribute to a crime or tort; (iv) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; or (v) impersonates any person or Affiliate.
not to knowingly provide any false or inaccurate information to the Service Provider or fail to promptly take corrective action upon becoming aware that information you previously provided to the Service Provider has subsequently become false, inaccurate or misleading;
not to access another user's account without permission;
not to distribute spam, chain letters, or pyramid schemes (or otherwise use contact information provided or stored as part of the Platform to violate Canada's Anti-Spam Legislation);
not to distribute viruses or any other technologies that may harm the interests or property of the Service Provider or other users;
not to use any robot, spider, scraper or other automated means to access the Platform and collect content for any purpose without our express written permission;
not to harvest or otherwise collect information about other users, including email addresses or certification(s), without their consent;
not to alter or modify any part of the Platform;
not to bypass, disable or otherwise interfere with any security-related features of the Platform or features that prevent or restrict use or copying of any Platform content or enforce limitations on use of the Platform or the Platform's content;
not to use or launch any system that accesses the Platform automatically;
not to use the communication systems provided by the Platform for any commercial solicitation purposes; and
that you are not entitled to remuneration or compensation of any kind from the Service Provider for your use of the Platform.
In addition, you may not use your account or the Platform to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Platform may be available to you or other authorized users of the Platform. You shall not interfere with anyone else's use and enjoyment of the Platform or other similar services. Users who violate systems or network security may incur criminal or civil liability.
In addition, you acknowledge that the Service Provider will cooperate fully with investigations of violations of systems or network security, including without limitation cooperating with law enforcement authorities in investigating suspected criminal violations.
Third Party Sites and Service Providers
There may be links from the Platform, or from communications or images within the Platform, to third-party websites or features. These other sites and parties are not under our control, and you acknowledge that the Service Provider is not responsible for the accuracy, copyright compliance, privacy practices, legality, decency, or any other aspect of the content of such sites, nor is the Service Provider responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link, advertisement, or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied. You hereby agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Service Provider and its Affiliates with respect such links, websites and third party information. You agree that your correspondence and business dealings with third parties through the Platform are solely between you and the third party. The Service Provider assumes no responsibility for your use of, nor the content of, sites not it does not control. Your use of such websites is at your own risk.
Information may be stored in the Platform or in the record storage facilities of Poll Analytics Inc. or other service providers. Where we use service providers who might have access to personal information, we select them carefully and require them to have privacy and security standards that meet Poll Analytic Inc.'s requirements. We use contracts and other measures with our service providers to maintain the confidentiality and security of your information and to prevent it from being used for any other purpose.
Participation in Promotions
The Platform may display advertisements and promotions offered by third parties. You hereby agree that the Service Provider may place such advertising and promotions on the Platform in conjunction with your content. You may enter into correspondence with or participate in promotions of the advertisers showing or promoting their products on the Platform. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
Intellectual Property Information
Neither we nor our Affiliates warrant or represent that your use of materials displayed on, or obtained through, the Platform will not infringe the rights, including without limitation intellectual property rights, of third parties.
You agree that you will not create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, bundle, sell, reproduce, duplicate, sub-license, export, merge, transfer, adapt, loan, rent, lease, assign, share, outsource, host, publish, make available to any person or otherwise use, either directly or indirectly, the Platform in whole or in part, including any data or information contained therein. You shall not permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of the Sole Proprietor, its Affiliates or its licensors. The restrictions set out in this Agreement shall not apply to the limited extent the restrictions are prohibited by applicable law.
Unauthorized Use of Materials
Disclaimer of Warranties
ALL MATERIALS AND SERVICES ON THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT (A) THE PLATFORM WILL MEET YOUR REQUIREMENTS OR BE FIT FOR YOUR PURPOSE OR PARTICULAR USE, (B) YOUR USE OF OR ACCESS TO THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE PLATFORM, OR (D) NO HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM WILL RESULT FROM YOUR ACCESS TO OR USE OF THE PLATFORM.
WE RESERVE THE RIGHT TO MAKE CHANGES TO THE PLATFORM AT ANY TIME WITHOUT NOTICE.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES OR LOSSES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, GOODWILL OR OTHER INTANGIBLE LOSSES, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR ACCESS OF THE PLATFORM OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THE PLATFORM.
IN THE EVENT THAT ANY CLAIM OR LIABILITY ARISES AGAINST THE SERVICE PROVIDER, OUR AGGREGATE LIABILITY IN CONNECTION WITH THIS AGREEMENT, YOUR USE OF THE PLATFORM AND/OR RELATED SERVICES OR ANY OTHER CIRCUMSTANCE GIVING RISE TO LIABILITY SHALL BE LIMITED TO DIRECT DAMAGES ONLY, AND SUCH DIRECT DAMAGES SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO THE SERVICE PROVIDER FOR THE USE OF THE PLATFORM AND RELATED SERVICES.
Although the Platform may be accessible worldwide, we make no representation that materials on this Platform are appropriate or available for use in locations outside Manitoba, Canada. Those who choose to access the Platform from other locations do so on their own initiative and are responsible for compliance with local laws. Termination of Use
Upon termination or suspension, regardless of the reasons therefore, your right to use the Platform immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information in your account and/or bar any further access to the Platform. Your access to the Platform, your comments, friendships, and all other data will no longer be accessible through your account, but such data may still appear within the Platform. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by the Service Provider in connection with such termination or suspension.
You may choose to end your legal agreement with the Service Provider at any time by deactivating your account and discontinuing your use of the Platform. You acknowledge and agree that, upon deactivation of your account, information provided to the Service Provider prior to the deactivation may remain on the Platform on an aggregated and non-identifiable basis. Upon deactivation, other users, including the user's "friends", will not be able to view any identifiable information regarding the user who deactivated his or her account. To deactivate your account, please contact the Service Provider at the address set out below.
The Platform is controlled by the Service Provider from our offices within Winnipeg, Manitoba, Canada. It can be accessed from all Canadian provinces and territories, as well as from other countries around the world. As each of these places has laws that may differ from those of Manitoba, by accessing this Platform you agree with the Service Provider that the statutes and laws of the Province of Manitoba, without regard to the conflicts of laws principles thereof or any other legislation of any other jurisdiction, will apply to all matters relating to the use of the Platform. Each of the parties agrees and hereby submits to the exclusive personal jurisdiction and venue any court of competent jurisdiction within the Province of Manitoba with respect to such matters.
All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to the Service Provider must be sent to the attention of Joseph Sworyk at the contact information set out below. Notwithstanding the foregoing, we may broadcast notices or messages through the Platform to inform you of changes to the Platform or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
Poll Analytics Inc.
1249 Pandora Avenue West
Winnipeg, MB, R2C 1N4