By clicking "I accept" or by accessing or using the Thinkster website, services, or any applications made available by Poll Analytics Inc. (collectively, the "Platform"), you agree to be bound by these Terms of Use.
User's Acceptance of Terms of Use
Poll Analytics Inc. (the "Service Provider"), provides the Thinkster Platform to you, subject to your compliance with all the terms and conditions contained or referenced herein (the "Terms of Use"), as well as any other written agreement or any posted rules or guidelines applicable to the Platform. By accessing or using the Platform, you signify that you have read, understood, and agree to be bound by these Terms of Use.
Basic Terms
These Terms of Use are effective as of March 8, 2017. We reserve the right to amend these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review the Platform and these Terms of Use from time to time, and to familiarize yourself with any modifications or revisions that may be made hereto. Your continued use of the Platform after any such revisions will constitute your acknowledgement of the modified Terms of Use, and your agreement to abide and be bound by the modified Terms of Use.
As used in these Terms of Use, references to the Service Provider's "Affiliates" include our owners, subsidiaries, affiliated companies, officers, directors, employees, agents, licensors, licensees, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering the Platform and/or its contents.
We reserve the right, in our sole discretion, to either modify or discontinue the Platform, including any of the Platform's features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on the Platform shall also be subject to these Terms of Use.
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.
Through your use of the Platform, you consent to the collection, use, and disclosure of your personal information by the Service Provider for the purposes set out in these Terms of Use and the associated Privacy Policy. For more information on the collection, use and disclosure of your personal information, including the safeguards the Service Provider has put in place to protect your personal information, please review the Thinkster Privacy Policy, available at: https://thinkster.ca/privacy
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.
Users control their own accounts, including the types of information submitted on the Platform and shared with other users. Further details on account management options are included below. The Service Provider will not inspect or disclose the contents of private Communications or personal information, except with the consent of the sender or the recipient, or in situations provided under applicable legislation, or as otherwise required by law, by court or governmental order. Further information is available in the Service Provider's Privacy Policy.
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.
Your Account
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 control your account, including the types of information submitted on the Platform and shared with other users. For example, "friends" will only be added to your account (and information regarding your polling responses will only be shared with such users) where you have elected to do so. You may also elect to respond to polling questions anonymously if and when you desire, and such responses will not be linked to your account. You can manage and/or change your account preferences at any time and we will ensure that the delivery of the Platform to you is updated accordingly. For more information on managing your account, please see the Privacy Policy and our Thinkster FAQS.
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 copy, modify, sell, or distribute any data unless expressly permitted by these Terms of Use or through our 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.
The Service Provider is not responsible or liable for the conduct of any user of the Platform. We neither endorse nor assume any liability for the contents of any material uploaded or submitted by users of the Platform. We generally do not pre-screen, monitor, or edit the content posted by users of the Platform, the associated Communications, or other interactive services that may be available on or through the Platform. However, we and our agents have the right at our sole discretion to remove any content that, in our judgment, does not comply with these Terms of Use, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content.
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.
YOUR FAILURE TO COMPLY WITH ANY OF THE ABOVE TERMS AND CONDITIONS CONSTITUTES GROUNDS FOR THE SERVICE PROVIDER TO IMMEDIATELY, AND IN OUR SOLE DISCRETION, TERMINATE YOUR ACCESS TO AND USE OF THE PLATFORM AND ITS CONTENTS. You agree that we may at any time, and at our sole discretion, terminate your account, or other affiliation with the Platform without prior notice to you for violating any of the above provisions. IN SUCH EVENT, WE SHALL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY FOR YOUR FAILURE TO COMPLY WITH THESE TERMS OF USE OR ANY LOSSES OR DAMAGES THAT MAY RESULT FROM YOUR USE OF THE PLATFORM, NOR FOR ANY INTERRUPTION OR TERMINATION OF YOUR ACCESS OR USE OF THE PLATFORM.
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.
Poll Analytics Inc., its service providers and other parties with whom we share information under this privacy policy, may perform activities outside of Canada. As a result, your information may be securely used, stored or accessed in other countries and be subject to the laws of those countries. For instance, information may be shared in response to valid demands or requests from government authorities, courts and law enforcement officials in those countries.
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
For the purposes of these Terms of Use, "content" is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on the Platform.
By accepting these Terms of Use, you acknowledge and agree that all content presented to you on the Platform is protected by copyrights, trademarks, service marks, patents or other proprietary or intellectual property rights and laws, and is the sole property of the Service Provider and/or its Affiliates. You are only permitted to use the content as expressly authorized by the Service Provider or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, sell, license, distribute or otherwise exploit any documents or information from the Platform in any form or by any means without prior written permission from the Service Provider. Any unauthorized use of the materials appearing on the Platform may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
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.
All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of the Service Provider or its Affiliates and are subject to intellectual property rights under the laws of Canada and other countries, as applicable. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right or license to use any intellectual property, including without limitation any trademark, service mark, logo, and/or the name of the Service Provider or its Affiliates.
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
Please do not submit confidential or proprietary information to the Service Provider unless we have mutually agreed in writing otherwise. Subject to our Privacy Policy, any communication, content or material that you transmit to the Platform or to us, whether by electronic mail, post, or other means, for any reason, will be treated by default as non-confidential and nonproprietary. The Service Provider does not claim ownership in any of the content that you post on or through the Platform. Instead, you grant the Service Provider and our Affiliates a nonexclusive, royalty-free and fully paid-up, perpetual, sub licensable, transferable and worldwide right and license to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such content for any purpose regardless of the form or medium (now known or not currently known) in which it is used.
You shall be solely responsible for your content and the consequences of submitting the same to the Service Provider and the Platform. Where you are uploading or posting any information or other content to the Platform, you represent and warrant to the Service Provider that you have the right to post this content and to grant the licenses to the Service Provider described in these Terms of Use, that such content contains no viruses or other malicious programming, that its posting does not infringe the intellectual property rights of another person, and that the content does not breach any of the provisions of these Terms of Use.
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.
Indemnification
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD THE SERVICE PROVIDER AND OUR AFFILIATES HARMLESS FROM ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING SOLICITOR-CLIENT COSTS ON A FULL INDEMNITY BASIS, THAT ARISE FROM YOUR USE OR MISUSE OF THE PLATFORM, YOUR VIOLATION OF ANY OF THE TERMS OF USE, YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING, WITHOUT LIMITATION, ANY INTELLECTUAL PROPERTY OR PRIVACY RIGHT, OR ANY CLAIM THAT YOUR CONTENT CAUSED DAMAGE TO A THIRD PARTY. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH THE SERVICE PROVIDER IN ASSERTING ANY AVAILABLE DEFENSES. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS OF USE AND YOUR USE OF THE PLATFORM.
International Use
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
You agree that we may, in our sole discretion, terminate or suspend your account or your access to all or part of the Platform with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for termination and may be referred to appropriate law enforcement authorities. Further, we reserve the right to refuse access to the Platform to anyone for any reason at any time.
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.
Governing Law
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.
Notices
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.
Entire Agreement
Unless otherwise provided herein, these Terms of Use constitute the entire agreement and understanding between the parties concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These Terms of Use may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document shall be null and void, unless otherwise agreed to in a written agreement signed by you and the Service Provider. To the extent that anything in or associated with the Platform is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.
Miscellaneous
If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Any failure by the Service Provider to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that or any other right or provision.
Contact Information
If you have any questions about these Terms of Use or the Platform, please contact us at the address below. If you receive notice that any user is violating this Agreement, including misusing the Platform to send unsolicited commercial electronic messages, please contact the Service Provider immediately.
Poll Analytics Inc.
1249 Pandora Avenue West
Winnipeg, MB, R2C 1N4
Phone: 204-451-5154
E-mail: joe@thinkster.ca