Last Updated: April 1, 2014
1. Your Acceptance
THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH PROFESSIONALS (DEFINED BELOW) MAY CREATE LISTINGS (DEFINED BELOW) FOR PHOTO OR VIDEO SHOOTS (DEFINED BELOW) AND CUSTOMERS (DEFINED BELOW) MAY LEARN ABOUT AND BOOK SHOOTS. YOU UNDERSTAND AND AGREE THAT PollBuzz IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN PROFESSIONALS AND CUSTOMERS, NOR IS PollBuzz A PROFESSIONAL BROKER, AGENT OR INSURER. PollBuzz HAS NO CONTROL OVER THE CONDUCT OF PROFESSIONALS, CUSTOMERS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY DIRECT OR INDIRECT INTERACTIONS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
“PollBuzz Content” means all Content that PollBuzz makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content.
“Collective Content” means Member Content and PollBuzz Content.
“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
“Customer” means a Member who requests a booking of a Service via the Site, Application or Services.
“Professional” means a Member who creates a Listing via the Site, Application and Services.
“Listing” means a professional service that is listed by a professional as available for photographic, videographic or other services via the Site, Application, and Services.
“Member” means a person who completes PollBuzz’s account registration process, including, but not limited to professionals and customers, as described under “Account Registration” below.
“Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.
PollBuzz reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Admin Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older. These Terms of Service apply to all users and visitors of the PollBuzz web site, including users who are also contributors of photo or video content, information, and other materials or services on the Web site. The Site, Application and Services can be used to facilitate the listing and booking of professional photographic, videographic and other professional services (“Services”). Such Services are included in Listings on the Site, Application and Services by Professionals. You may view Listings as an unregistered visitor to the Site, and Application; however, if you wish to book a Professional or create a Listing, you must first register to create an PollBuzz Account (defined below).
As stated above, PollBuzz makes available a platform or marketplace with related technology for Professionals and Customers to meet online and arrange for bookings of Services. PollBuzz is not an owner or operator of a production studio employing professionals, including, but not limited to, photographers, videographers, or other related professionals, nor is it a provider of photographic, videographic, or other related services. PollBuzz ’s responsibilities are limited to: (i) facilitating the availability of the Site, Application and Services and (ii) serving as the limited agent of each Professional for the purpose of accepting payments from Customers on behalf of the Professional.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE THE BOOKING OF SERVICES. PollBuzz CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY PROFESSIONAL. PollBuzz IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND SERVICES. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE CUSTOMER’S OWN RISK.
In order to access certain features of the Site and Application, and to book a Professional or create a Listing, you must register to create an account (“PollBuzz Account”) and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.
You can also register to join by logging into your account with certain third party social networking sites (“SNS”) (including, but not limited to, Facebook); each such account, a “Third Party Account”, via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your PollBuzz Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to PollBuzz through the Site, Services or Application; or (ii) allowing PollBuzz to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to PollBuzz and/or grant PollBuzz access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating PollBuzz to pay any fees or making PollBuzz subject to any usage limitations imposed by such third party service providers. By granting PollBuzz access to any Third Party Accounts, you understand that PollBuzz will access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account (“SNS Content”) so that it is available on and through the Site, Services and Application via your PollBuzz Account and PollBuzz Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms.
4. Web Site Access
PollBuzz hereby grants you permission to use the Web site as set forth in this Terms of Service, provided that: (i) your use of the Web site as permitted is solely within the terms outlined below; (ii) you will not copy or distribute any part of the Web site in any medium without PollBuzz ’s prior written authorization; and (iii) you will otherwise comply with the terms and conditions of these Terms of Service and will not use the Web site in violation of the law or these terms of service.
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Web site in a manner that sends more request messages to the PollBuzz servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, PollBuzz grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. PollBuzz reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Web site, nor to use the communication systems provided by the Web site for any commercial solicitation purposes.
5. Professional Listings and Services
As a Member, you may create Listings. To this end, you will be asked a variety of questions about the Service to be listed, including, but not limited to, the location, Professional Type, whether you are employed by a Production Studio or are a freelance, features, skills and included equipment of the Service and pricing and related rules and financial terms. In order to be featured in Listings via the Site, Application and Services, all Profiles must have a first name, last name, email and profile photo. Listings will be made publicly available via the Site, Application and Services. Other Members will be able to book your Service via the Site, Application and Services based upon the information provided in your Listing. You understand and agree that once a Customer requests a booking of your Service, the price for such booking may not be altered.
You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or a Service in a Listing you post (i) will not breach any agreements you have entered into with any third parties, including employers or studios, and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Service included in a Listing you post, including, but not limited to, Employment regulations and laws governing listing of professional services and (b) not conflict with the rights of third parties. Please note that PollBuzz assumes no responsibility for a Professional’s compliance with any applicable laws, rules and regulations. PollBuzz reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that PollBuzz , in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
You understand and agree that PollBuzz does not act as an insurer or as a contracting agent for you as a Professional. If a Customer requests a booking of your Service, any agreement you enter into with such Customer is between you and the Customer and PollBuzz is not a party thereto. Notwithstanding the foregoing, PollBuzz serves as the limited authorized agent of the Professional for the purpose of accepting payments from Customers on behalf of the Professional and is responsible for transmitting such payments to the Professional.
You acknowledge and agree that, as a Professional, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who work with you or are otherwise present during the Service at your request or invitation, excluding the Customer (and the individuals the Customer invites to the Service, if applicable.)
PollBuzz recommends that Professionals obtain appropriate insurance for their Services. Please review any insurance policy that you may have for your Services carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Customers (and the individuals the Customer invites to the Service, if applicable) during the shoot.
6. No Endorsement
PollBuzz does not endorse any Members or any Services. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Site, Application and Services. We will not be responsible for any damage or harm resulting from your interactions with other Members.
By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from PollBuzz with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings or Listings made by you. This limitation shall not apply to any claim by a Professional against PollBuzz regarding the remittance of payments received from a Customer by PollBuzz on behalf of a Professional, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.
7. Bookings and Financial Terms
Bookings and Financial Terms for Professionals
If you are a Professional and a booking is requested for your Service via the Site, Application and Services, you will be required to either confirm or reject the booking within 48 hours of when the booking is requested (as determined by PollBuzz in its sole discretion) or the booking request will be automatically cancelled. When a booking is requested via the Site, Application and Services, we will share with you (i) the first and possibly the last name of the Customer who has requested the booking, (ii) a link to the Customer’s PollBuzz Account profile page, (iii) the names of any members of an SNS with whom you are “friends” or associated on the SNS if such individuals are also “friends” or associated with the Customer on such SNS, and (iv) an indication that the name that the Customer provided to PollBuzz when the Customer became a Member matches the name that the Customer provided to the SNSs to which the Customer has linked his or her PollBuzz Account, so that you can view such information before confirming or rejecting the booking. If you are unable to confirm or decide to reject a booking of a Service within such 48 hour period, any amounts collected by PollBuzz for the requested booking will be refunded to the applicable Customer’s credit card and any pre-authorization of such credit card will be released. When you confirm a booking requested by a Customer, PollBuzz will send you an email, text message or message via the Application confirming such booking, depending on the selections you make via the Site, Application and Services.
The fees displayed in each Listing are comprised of the Admin Fees (defined below) and the Customer Fees (defined below.) Where applicable, Taxes may be charged in addition to the Admin Fees and Customer Fees. The Admin Fees, the Customer Fees and applicable Taxes are collectively referred to in these Terms as the “Total Fees”. The amounts due and payable by a Customer solely relating to a Professional’s Service are the “Admin Fees”. Please note that PollBuzz determines the Admin Fees, which is currently 15% but may change at its sole discretion. Please note that PollBuzz will provide notice of any Admin fee change via the Site, Application and Services.
PollBuzz charges a fee to Customers based upon a percentage of applicable Admin Fees which are the “Customer Fees”. The Customer Fees are added to the Admin Fees to calculate the Total Fees (which will also include applicable Taxes) displayed in the applicable Listing. PollBuzz will collect the Total Fees at the time of booking confirmation (i.e. when the Customer confirms the invoice request) and will initiate payment of the Admin Fees (less PollBuzz ’s Professional Fees (defined below) to the Professional within 14 days of when the Customer and Professional end the applicable Service (except to the extent that a refund is due to the Customer).
Appointment of PollBuzz as Payment Agent for Professional
Each Professional hereby appoints PollBuzz as the Professional’s limited agent solely for the purpose of collecting payments made by Customers on behalf of the Professional. Each Professional agrees that payment made by a Customer to PollBuzz shall be considered the same as a payment made directly to the Professional and the Professional will make the Service available to Customer in the agreed upon manner as if the Professional has received the Admin Fees. Each Professional agrees that, PollBuzz may, in accordance with the cancellation policy selected by the Professional and reflected in the relevant Listing, (i) permit the Customer to cancel the booking and (ii) refund to the Customer that portion of the Admin Fees specified in the applicable cancellation policy. In accepting appointment as the limited authorized agent of the Professional, PollBuzz assumes no liability for any acts or omissions of the Professional.
Please note that PollBuzz does not currently charge fees for the creation of Listings. However, you acknowledge and agree that PollBuzz reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that PollBuzz will provide notice of any Listing fee collection via the Site, Application and Services, prior to implementing such a Listing fee feature.
Bookings and Financial Terms for Customers
The Professional, not PollBuzz, are solely responsible for honoring any confirmed bookings and making available any Services reserved through the Site, Application and Services. If you, as a Customer, choose to enter into a transaction with a Professional for the booking of a Service, you agree and understand that you will be required to enter into an agreement with the Professional and you agree to accept any terms, conditions, rules and restrictions associated with such Service imposed by the Professional. You acknowledge and agree that you, and not PollBuzz , will be responsible for performing the obligations of any such agreements, that PollBuzz is not a party to such agreements, and that, with the exception of its payment obligations hereunder, PollBuzz disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that PollBuzz is not a party to the agreement between you and the Professional, PollBuzz acts as the Professional’s payment agent for the limited purpose of accepting payments from you on behalf of the Professional. Upon your payment of amounts to PollBuzz which are due to the Professional, your payment obligation to the Professional for such amounts is extinguished, and PollBuzz is responsible for remitting such amounts, less PollBuzz’s Professional Admin Fees, to the Professional. In the event that PollBuzz does not remit any such amounts to a Professional, such Professional will have recourse only against PollBuzz .
Listings for Services will specify the Total Fees. As noted above, the Professional is required to either confirm or reject the booking within 48 hours of when the booking is requested (as determined by PollBuzz in its sole discretion) or the requested booking will be automatically cancelled. If a requested booking is cancelled (i.e. not confirmed by the applicable Professional), any amounts collected by PollBuzz will be refunded to such Customer, depending on the selections the Customer makes via the Site and Application, and any pre-authorization of such Customer’s credit card will be released, if applicable.
You agree to pay PollBuzz for the Total Fees for any booking requested in connection with your PollBuzz Account if such requested bookings are confirmed by the applicable Professional. Once PollBuzz receives confirmation of your acceptance from the booking invoice issued from the applicable Professional, PollBuzz will collect the Total Fees in accordance with the terms and conditions of these Terms and the pricing terms set forth in the applicable invoice. Please note that PollBuzz cannot control any fees that may be charged to a Customer by his or her bank related to PollBuzz ’s collection of the Total Fees, and PollBuzz disclaims all liability in this regard.
8. Admin Fees
In consideration for providing the Services, PollBuzz collects Admin Fees from Professionals and Customers (“Admin Fees”). Admin Fees are made up of two (2) components: (i) Customer Fees and (ii) a 15% fee that is charged to the Professional based upon the amount of the Admin Fees (“Professional Fees”). Where applicable, Taxes may also be charged in addition to the Professional Fees. Professional Fees are deducted from the Admin Fees before remitting the Admin Fees to the Professional, within 14 days of when the customer’s applicable service ends. Customer Fees are, as noted above, included in the Total Fees.
Balances will be remitted by PollBuzz to Professionals via check, PayPal, direct deposit, international wire or other payment methods described on the Site or via the Application, in the Professional’s currency of choice, depending upon the selections the Professional makes via the Site, Application and Services. Please note that for any payments by PollBuzz in currencies other than Singapore dollars, PollBuzz may deduct foreign currency processing costs from such payments. More information on foreign currency processing cost deductions will be available via the Site and Application. Except as otherwise provided herein, Admin Fees are non-refundable.
9. General Booking and Financial Terms
Cancellations and Refunds
If, as a Customer, you cancel your requested booking before the requested booking is confirmed by a Professional, PollBuzz will refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time. If, as a Customer, you wish to cancel a confirmed booking made via the Site, Application and Services, either prior to or after the date/s of the applicable Service, the cancellation policy of the Professional contained in the applicable Listing will apply to such cancellation. Our ability to refund the Admin Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Site and Application.
If a Professional cancels a confirmed booking made via the Site, Services, and Application, (i) PollBuzz will refund the Total Fees for such booking to the applicable Customer within a commercially reasonable time of the cancellation and (ii) the Customer will receive an email or other communication from PollBuzz containing alternative Listings and other related information. If the Customer requests a booking from one of the alternative Listings and the Professional associated with such alternative Listing confirms the Customer’s requested booking, then the Customer agrees to pay PollBuzz the Total Fees relating to the confirmed booking for the Service in the alternative Listing, in accordance with these Terms. If a Professional cancelled a confirmed booking and you, as a Customer, have not received an email or other communication from PollBuzz , please contact PollBuzz at [email protected].
As part of the Services, PollBuzz provides a feature through which Members may view Total Fees for various Listings in foreign currencies. You understand and agree that these views of Total Fees are for informational purposes only and are not the official Total Fees for the Listings. If you (as a Customer) request a booking, you will be notified of the currency in which you will be charged together with the corresponding amount of Total Fees, if your booking is confirmed by a Professional. The currency in which you will be charged will be determined by PollBuzz based on the payment method you select and the location of the Service in the Listing you are booking. If the currency in which you will be charged is different from the currency chosen by the Professional to receive payment, PollBuzz will be responsible for the required currency conversion processing, including the costs thereof, which will be calculated based on the most current applicable foreign exchange rate that PollBuzz has uploaded to the Site as of the date and time that your booking is confirmed (the “Applicable Exchange Rate”). You acknowledge that the Applicable Exchange Rate used for currency conversion processing may not be identical to the applicable market rate in effect at the specific time such processing occurs because: (i) although PollBuzz updates the Applicable Exchange Rate on a regular basis, it does not update such rate on a real-time basis; and (ii) the Applicable Exchange Rate may include an incremental cost or margin that is not included in the applicable market rate.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Content. This means that you, and not PollBuzz , are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. In connection with your use of our Site, Application and Services, you may not and you agree that you will not:
violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Content;
use the Site, Application or Services for any commercial or other purposes that are not expressly permitted by these Terms;
copy, store or otherwise access any information contained on the Site, Application, Services or Content for purposes not expressly permitted by these Terms;
infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
use our Site, Application or Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence;
"stalk" or harass any other user of our Site, Application, or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as an PollBuzz Customer or Professional;
offer, as a Professional, any Services that you do not yourself own or have permission to offer as a service including equipment that does not belong to you (without limiting the foregoing, you will not list Services as a Professional if you are serving in the capacity of an agent or listing agent for a third party);
upload, post, email, transmit or otherwise make available any Content that is unlawful under the laws applicable to the relevant Service, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, subversive, hateful, or racially, ethnically or otherwise objectionable or contrary to public interest, public order or national harmony in all relevant jurisdictions;
register for more than one PollBuzz Account or register for an PollBuzz Account on behalf of an individual other than yourself;
contact a Professional for any purpose other than asking a question related to a booking, such Professional’s Services or Listings;
contact a Customer for any purpose other than asking a question related to a booking or such Customer’s use of the Site, Application and Services;
when acting as a Customer or otherwise, recruit or otherwise solicit any Professional or other Member to join third party services or web sites that are competitive to PollBuzz , without PollBuzz’s prior written approval;
impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
use automated scripts to collect information or otherwise interact with the Site, Application or Services;
use the Site, Application and Services to find a Professional or Customer and then complete a booking of a Service transaction independent of the Site, Application or Services in order to circumvent the obligation to pay any Admin Fees related to PollBuzz ’s provision of the Services;
as a Professional, submit any Listing with a false or misleading price information, or submit any Listing with a price that you do not intend to honor;
or post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
use, display, mirror or frame the Site or Application, or any individual element within the Site, Services, or Application, PollBuzz ’s name, any PollBuzz trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without PollBuzz ’s express written consent;
access, tamper with, or use non-public areas of the Site or Application, PollBuzz ’s computer systems, or the technical delivery systems of PollBuzz ’s providers;
attempt to probe, scan, or test the vulnerability of any PollBuzz system or network or breach any security or authentication measures;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by PollBuzz or any of PollBuzz’s providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content; or
advocate, encourage, or assist any third party in doing any of the foregoing.
You acknowledge that PollBuzz may or may not pre-screen or filter Content, but that PollBuzz shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, move or remove any Content that is transmitted or made available via the Site. Without limiting the foregoing, PollBuzz shall have the right to remove any Content (whether or not provided by you) that we believe in good faith may be unlawful or violates the Terms of Service or that has been alleged to infringe any intellectual property or that is otherwise objectionable in our sole opinion, without being liable to you in any way for any loss or damage arising from such removal. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by PollBuzz or submitted to PollBuzz ,in all other parts of the Service.
PollBuzz will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. PollBuzz may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that PollBuzz has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Site, Application and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of Singapore and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights is the exclusive property of PollBuzz and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content.
12. PollBuzz Referral Program
As a Member, by referring your friends to request a booking that receives a confirmed booking or create a Listing via the Site, Application and Services, you may participate in the “Referral Program”, which is a loyalty program we offer to our Members. If you choose to participate in the Referral Program, for each friend you refer to PollBuzz for which a Qualifying Referral (defined below) is completed, you may be able to receive PollBuzz Credits (defined below) (each a “Referral Reward”). “PollBuzz Credits” are “points” that may be applied as credits to deduct admin fees from future confirmed bookings made by Members via the Site, Application and Services.
In order to receive a Referral Reward, each of the following requirements must be met (collectively, a “Qualifying Referral”): (i) you must log in to your PollBuzz Account on the Site or Application and select the “Email Your Friends” link; (ii) you must share the link provided with friends via Facebook or Twitter, by copying and pasting the unique referral link generated via the Services, by sending the unique referral link generated via the Services in an email via the Services to your friends; or by using the other tools provided by PollBuzz to share the unique referral link with friends; (iii) a friend who clicks the link on Facebook or otherwise or clicks the link contained in the email must create a PollBuzz Account and become a Member; and (iv) after becoming a Member, the friend must either request a booking of a Service that has a total value of $300 or more (including admin fees) which is confirmed by the applicable Professional or create a Listing which contains a verified email or facebook account, a portfolio of photos or videos, a completed summary section and price listing. Please note that you may not be the Professional or the Customer for the booking to receive a Referral Reward.
Satisfaction of a Qualifying Referral and the Referral Reward you receive will be reflected in your PollBuzz Account in a commercially reasonable amount of time after the Qualifying Referral has been completed. The Referral Rewards you accrue will be displayed in your PollBuzz Account profile page. Referral Rewards can be accrued solely by you and you may not earn Referral Rewards by permitting another individual to use your PollBuzz Account. Referral Rewards accrued in multiple PollBuzz Accounts may not be combined into one PollBuzz Account. You may not earn Referral Rewards by creating multiple PollBuzz Accounts. By acquiring Referral Rewards, you agree and acknowledge that PollBuzz is granting you a limited, revocable license to a digital item, and that Referral Rewards are not your personal property. You may not obtain any cash or money in exchange for Referral Rewards. Except as explicitly provided herein, Referral Rewards are non-transferable. Members are responsible for keeping track of the Referral Rewards in their PollBuzz Accounts.
Specific Terms Regarding PollBuzz Credits
PollBuzz Credits may only be redeemed for confirmed bookings via the Site, Application and Services and after you accrue PollBuzz Credits, such PollBuzz Credits will be automatically applied to your next confirmed booking made via the Site, Application and Services. You may only redeem PollBuzz Credits after the PollBuzz Credits are reflected in your PollBuzz Account. The scope, variety, and type of services and products that you may obtain by redeeming PollBuzz Credits can change at any time.
PollBuzz Credits expire three (3) years from the date that any PollBuzz Credits are last accrued in your PollBuzz Account. PollBuzz may, at its sole discretion, notify you at the email address you provided during Account registration within thirty (30) days of when the PollBuzz Credits in your PollBuzz Account are scheduled to expire. If for some reason you believe that there is a discrepancy regarding your balance of PollBuzz Credits, please contact us at [email protected] .co. PollBuzz may require to you to submit additional information in order to make a determination regarding your balance. All decisions regarding your balance will be final and at PollBuzz ’s sole discretion. You are responsible for any Tax consequences, if any, that may result from your redemption or use of PollBuzz Credits. Without limiting any other terms of these Terms and subject to applicable law, all PollBuzz Credits are forfeited if your PollBuzz Account is terminated or suspended for any reason, in PollBuzz ’s sole discretion, or if PollBuzz discontinues providing the Site, Application, Services or the Referral Program.
13. PollBuzz Content and Member Content License
Subject to your compliance with the terms and conditions of these Terms, PollBuzz grants you a limited, non-exclusive, non-transferable license, to (i) access and view any PollBuzz Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by PollBuzz or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application and Services, you hereby grant to PollBuzz a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Site, Application and Services. PollBuzz does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to PollBuzz the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or PollBuzz ’s use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Site, Application and Services may contain links to third-party web sites or resources. You acknowledge and agree that PollBuzz is not responsible or liable for: (i) the availability or accuracy of such web sites or resources; or (ii) the content, products, or services on or available from such web sites or resources. Links to such web sites or resources do not imply any endorsement by PollBuzz of such web sites or resources or the content, products, or services available from such web sites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such web sites or resources or the Content, products or services on or available from such web sites or resources.
15. Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of PollBuzz used herein are trademarks or registered trademarks of PollBuzz . Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
16. Copyright Policy
PollBuzz respects copyright law and expects its users to do the same. It is PollBuzz ’s policy to terminate in appropriate circumstances the PollBuzz Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
17. Termination and PollBuzz Account Cancellation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Site, Application and Services, and (b) deactivate or cancel your PollBuzz Account. Upon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event PollBuzz terminates these Terms, or your access to our Site, Application and Services or deactivates or cancels your PollBuzz Account you will remain liable for all amounts due hereunder. You may cancel your PollBuzz Account at any time via the “Cancel Account” feature of the Services or by sending an email to [email protected] .co. Please note that if your PollBuzz Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback.
IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES AND PARTICIPATE IN THE REFERRAL PROGRAM, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT PollBuzz DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, CUSTOMERS AND PROFESSIONALS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, PollBuzz EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. PollBuzz MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY PROFESSIONAL SERVICES, OR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. PollBuzz MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, PROFESSIONAL SERVICES, YOUR ACCRUAL OF PollBuzz CREDITS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, SERVICES OR REFERRAL PROGRAM.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PollBuzz OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY PROFESSIONALS OR CUSTOMERS. YOU UNDERSTAND THAT PollBuzz MAY ATTEMPT TO VERIFY, BUT IS NOT LIABLE FOR, THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW ANY PROFESSIONAL. PollBuzz MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, CUSTOMERS AND PROFESSIONALS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY PollBuzz . NOTWITHSTANDING PollBuzz’S APPOINTMENT AS THE LIMITED AGENT OF THE PROFESSIONAL FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM CUSTOMERS ON BEHALF OF THE PROFESSIONAL, PollBuzz EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY CUSTOMER OR OTHER THIRD PARTY.
19. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY SERVICES VIA THE SITE, APPLICATION AND SERVICES, YOUR PARTICIPATION IN THE REFERRAL PROGRAM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF PollBuzz WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER PollBuzz NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT OR THE REFERRAL PROGRAM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR LISTING OR BOOKING OF ANY SERVICE VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PollBuzz HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree to release, defend, indemnify, and hold PollBuzz and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of a Professional, (iii) creation of a Listing or (iv) the provision of Services by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a booking and (d) your participation in the Referral Program or your accrual of any PollBuzz Credits.
21. Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between PollBuzz and you regarding the Site, Application, Services, Collective Content, Referral Program, and any bookings or Listings of Services made via the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between PollBuzz and you regarding bookings or listings of Services, the Site, Application, Services, Collective Content and Referral Program.
You may not assign or transfer these Terms, by operation of law or otherwise, without PollBuzz ’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. PollBuzz may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by PollBuzz (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
24. Controlling Law and Jurisdiction
These terms and the relationship between you and PollBuzz shall be governed by the laws of Singapore without regard to its conflict of law provisions. You and PollBuzz agree to submit to the non-exclusive jurisdiction of the courts of Singapore.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site, Application and Services, must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The failure of PollBuzz to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of PollBuzz . Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.