Three Cents’ Product and services are provided by Three Cents Ventures, Inc.
The Product provides tools and functionality for enabling users to post polls and surveys regarding any number of topics: whether it be what movie to watch, what restaurant to take a first date, who is the best hockey player, or any number of things. Any use of the Product or Services by you must at all time comply with our Acceptable Use Policy and any prohibitions contained therein.
You may use our Products only in compliance with these Terms and all applicable laws. When you create your Three Cents account, you must provide us with accurate and complete information including name and email address (“Registration Information”). Any use or access by anyone under the age of 13 is prohibited. Some of our Products may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may upgrade those Products, and these Terms will apply to such upgrades.
Subject to these Terms and our policies, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Products for your personal use and entertainment.
Our license to you is contingent upon your agreement not to do any of the following:
Although we're not obligated to monitor access to or use of the Product or to review or edit any User Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, or to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms or our Acceptable Use Policy. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Three Cents allows you to post content, including photos, comments, and other materials in connection with the creation of a poll or other survey. Anything that you post or otherwise make available on our Products is referred to as "User Content." You retain all rights in, and are solely responsible for, the User Content you post to the Product. If you post your content on Three Cents, it still belongs to you but we can show it to people and others can post it to multiple networks and pages consistent with the settings You used when you created that poll or survey.
You grant Three Cents and its users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, re-ask, modify, create derivative works, perform, and distribute your User Content on the Product solely for the purposes of operating, developing, providing, and using the Product. Nothing in these Terms shall restrict other legal rights Three Cents may have to User Content. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms, intellectual property laws or our policies.
Following termination or deactivation of your account, or if you remove any User Content from Product, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, Three Cents and its users may retain and continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of your User Content that is linked with other users that have interacted with your User Content or posted through the Product. After a reasonable period of time, we will remove your Registration Information from our database.
We value hearing from our users, and are always interested in learning about ways we can make the Product more awesome. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you.
Three Cents respects the intellectual property rights of others and will at all times meet the requirements of the Digital Millennium Copyright Act. In the event that you feel that any content that is posted by a user on our Product is an infringement of your copyrights, please contact our DMCA compliance officer at firstname.lastname@example.org and we will fully investigate such claim.
We care about the security of our users. While we work to protect the security of your User Content and Registration Information, Three Cents cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately in the event you believe some has used or access your account without authorization.
Three Cents may terminate or suspend this license at any time, with or without cause or notice to you. Upon termination, you continue to be bound by Sections 2 and 6-12 of these Terms.
You agree to indemnify and hold harmless Three Cents and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Products, (b) your User Content, or (c) your breach of any of these Terms.
The Products and all included content are provided on an "AS IS" basis without warranty of any kind, whether express or implied. THREE CENTS SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
Three Cents takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Products. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THREE CENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCT; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCT, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THREE CENTS’ AGGREGATE LIABILITY EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
For any dispute you have with Three Cents, you agree to first contact us and attempt to resolve the dispute with us informally. If Three Cents has not been able to resolve the dispute with you informally after a reasonable period of time, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and Three Cents agree otherwise, the arbitration will be conducted in Denver, Colorado. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND THREE CENTS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
These Terms shall be governed by the laws of the State of Colorado, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state court located in Denver, CO or the United States District Court for Colorado, for any actions not subject to Section 10 (Arbitration). Our Products are controlled and operated from the United States, and we make no representations that they are appropriate or available for use in other locations.
Notification Procedures and changes to these Terms. Three Cents reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically at the electronic mail address you provided us during registration if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Product after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Product.
Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Three Cents without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Three Cents’ failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.