General Terms and Conditions of Use

Last updated on March 17, 2019

ARTICLE 1: PURPOSE

The purpose of these "General Terms and Conditions of Use" is to provide a legal framework for the use of the Pollup application and this website www.pollup.live. This contract is concluded between:
 
softissimeSoftissime, owner of the Pollup application and publisher of this site, hereinafter referred to as "the Publisher",
Any natural or legal person wishing to use the Pollup application, access the site and use our services, hereinafter referred to as "the User". By using Pollup or accessing this site you acknowledge and accept our terms and conditions of use. You also agree to comply with any other additional restrictions set forth on this site or through the application, including our privacy policy. These Terms of Use may be updated from time to time. Please do not use the Pollup site and application if you do not accept our terms of use and privacy policy. Throughout the document, the terms of use shall mean "terms of use and privacy policy". Terms of Use and privacy policy »

ARTICLE 2: APPLICABLE LAW AND COMPETENT JURISDICTION

This contract is governed by French law. In the event of an unresolved dispute between the User and the Publisher, you agree that the courts of Toulouse shall have sole jurisdiction to settle the dispute.

ARTICLE 3: UPDATES OF THE CONDITIONS AND DURATION OF THE CONTRACT

Our services are constantly evolving to offer you the best service, and our terms of use must keep pace with this evolution. The terms of use may be updated at any time. The Publisher reserves the right to modify the terms of use of its services at any time and without justification. You agree to be notified for any update of the Terms of Use; you should review any update of these Terms of Use, if you do not agree with the updated Terms, you should stop using our services and delete your account if you own one. Continued use of our services after an update will mean acceptance of the updated terms of use.

ARTICLE 4: DURATION OF THE CONTRACT

The duration of this contract is indefinite. The contract shall be effective for the User from the beginning of the use of the service.

ARTICLE 5: LEGAL CAPACITY; CHILDREN AND MINORS.

You can't use our services:
 If you are under 13 years of age.
 If you are a minor without the legal consent of your parents or guardian.
 If you are unable to understand, agree and comply with these conditions. By using our services, you represent and guarantee that you have the necessary power and authority to act on your behalf.

ARTICLE 6: INTELLECTUAL PROPERTY

The content of the https://www.pollup.fr website and the Pollup application (with the exception of user content that belongs to the user) (logos, texts, graphic elements, videos, the application and its design, etc.) are the property of The Publisher (*) and are protected by copyright, under the Intellectual Property Code. The User is fully responsible for any content he or she posts via our services either by using the application or on our website, and undertakes not to damage any third party. The User must obtain our authorization before any reproduction, copy or publication of this content.
The Pollup app and the https://www.pollup.fr website may not be copied, reproduced, republished or used unlawfully. Reverse engineering, disassembly and decompilation of the Pollup application to create a new application from the result obtained are totally prohibited.
We reserve the right to moderate or delete freely and at any time the contents put on line via our services by the users, and this without justification(*).Some icons come to us from the site www.icons8.com.

ARTICLE 7: HYPERTEXT LINKS

The Publisher is not responsible for the domains to which the hypertext links on our tools/services lead. The Publisher has no control over these links. It is possible for a third party to create a link to a page on the site [your site] without the express permission of the publisher.

ARTICLE 8: PRIVACY POLICY

See our privacy policy .

ARTICLE 9: USE OF OUR SERVICES.

Our services are intended for private use, so you can access and use our services on any compatible (supported) device for personal and entertainment purposes within the limits of what is legal, under no circumstances can our services be used for business purposes.

Any User with access to the Internet can access our services free of charge and from anywhere if they have a compatible device. The costs incurred by the User to access it (Internet connection, computer equipment, etc.) are not the responsibility of the Publisher.

Any use of the service by the User that directly or indirectly results in damage must be compensated to the publisher. You agree to make statements that respect others and the law and accept that these publications may be moderated or refused by the Publisher, without obligation of justification. En utilisant nos services, l’Utilisateur cède à la société éditrice le droit non exclusif et gratuit de représenter, reproduire, adapter, modifier, diffuser et distribuer sa publication, directement ou par un tiers autorisé.
 L’Éditeur s’engage toutefois à citer le membre en cas d’utilisation de sa publication.
Our services may be interrupted or suspended by the Publisher, in particular during maintenance, without any obligation of notice or justification.

ARTICLE 10: PROHIBITED USES OF OUR SERVICES.

Any use for commercial purposes is strictly prohibited.
Any use that does not comply with any law or regulation in a local, national or international manner is strictly prohibited. Any fraudulent use or for fraudulent or illegal purposes is strictly prohibited.
Any use that harms or attempts to harm minors, minorities, or racially motivated, or that violates the rights of others in any way is strictly prohibited.
You declare and accept that you do not use our services to propagate or diffuse viruses or fraudulent links that may either diffuse viruses or that do not respect the conditions below. We reserve the right to remove or not post any user content that we believe is inappropriate on our services (without obligation).

ARTICLE 11: USER ACCOUNT

The use of our services requires the creation of a user account linked to your telephone number. When you first install the Pollup you must provide us with complete and accurate information, i. a valid phone number and email address that you use regularly, please remember your password.
You recognize that you are entirely responsible for all activity on your account, and for the content that you disseminate via our services. Please notify us if you notice any unauthorized use of your account or security issues.

ARTICLE 12: MANAGEMENT OF PERSONAL DATA AND TERMINATION

You have the right to access, rectify, delete and object to your personal data. You can exercise this right either directly on the Pollup application, or by contacting us here.
You can delete your account at any time; just go to your profile on our application and delete your account, then uninstall the application. Deleting your account will result in the irreversible deletion of all your data. Nevertheless, we hope that you will not reach this stage, and we will try to provide you with the best of our services. If you delete your data (by deleting content) or delete your account, the data will be deleted immediately and permanently, no recovery will be possible.

ARTICLE 13: LIMITATION OF LIABILITY

Our services are provided "AS IS", we will not provide you with error-free or uninterrupted services, we do everything we can to provide you with the best service, but this does not guarantee that our services will always be optimal and flawless. Vous reconnaissez et acceptez de décharger L’Éditeur de toute responsabilité de :
Any claim, demand, cost or expense, resulting from your violation of our terms of use, including any previous provisions, representations or warranties, your use or transmission of any content on the Pollup services (application, sites, servers) and/or any use of your User Account.
Any conflict with one or more users.
Any loss or damage of any kind, regardless of its cause and regardless of who is responsible.  

Any malfunction of the server or network. We undertake to implement all necessary means to guarantee the security and confidentiality of data. However, there is no guarantee of total security. By this disclaimer you expressly acknowledge and agree not to pursue any action against the Publisher.

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