Your use of our service is governed by these terms. By using our website, you are accepting these terms.
The Site is an online community which enables people to conduct and participate in instant group polling (“Services”). Services include, but are not limited to, any service and/or content UTMOST makes available to or performs for you, as well as anything displayed, transmitted or performed on the Site or through the Services. Content (“Content”) includes, but is not limited to text, information, data, graphics, blog articles, photographs, images, illustrations, and software.
Your access to and use of the Site may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside the control of UTMOST. UTMOST reserves the right to suspend or discontinue the availability of the Site and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice. UTMOST may also impose limits on certain features and Services or restrict your access to parts of or all of the Site and the Services without notice or liability. The Site should not be used or relied upon for storage of your polls you are directed to retain your own copies of all Content posted on the Site.
As a condition to using Services, you are required to open an account with UTMOST and select a password and username, and to provide registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your UTMOST account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your UTMOST account.
Services are available only to iniduals who are either (i) at least 18 years old, or (ii) at least 14 years old, and who are authorized to access the Site by a parent or legal guardian. If you have authorized a minor to use the Site, you are responsible for the online conduct of such minor, and the consequences of any misuse of the Site by the minor.
All Content posted or otherwise submitted to the Site is the sole responsibility of the account holder from which such Content originates and you acknowledge and agree that you, and not UTMOST are entirely responsible for all Content that you post, or otherwise submit to the Site. UTMOST does not control user submitted Content and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site you may be exposed to Content that is offensive, indecent or objectionable.
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by UTMOST. By way of example, and not as a limitation, you agree not to use the Services:
You are solely responsible for your interactions with other users of the Site. UTMOST reserves the right, but has no obligation, to monitor disputes between you and other users.
UTMOST respects the intellectual property rights of others. It is our policy to respond promptly any claim that Content posted on the Site infringes the copyright or other intellectual property infringement (“Infringement”) of any person. UTMOST will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property law and these Terms where it believes an Infringement has taken place, including removing or disabling access to the Content claimed to be infringing and/or terminating accounts and access to the Site.
To notify UTMOST of a possible Infringement you must submit your notice in writing to the attention of “Copyright Infringement” and include in your notice a detailed description of the alleged Infringement sufficient to enable UTMOST to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.
If we remove or disable access to Content in response to a notice of Infringement, we will make reasonable attempts to contact the user who posted the affected Content. If you feel that your Content is not infringing, you may provide UTMOST with a counter notice in writing to the attention of “Copyright Infringement Counter Notification”. You must include in your counter notice sufficient information to enable UTMOST to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys' fees) if you materially misrepresent that your Content is not infringing the copyrights of others.
If you are uncertain whether an activity constitutes Infringement, we recommended seeking advice of an attorney.
UTMOST, UTMOST.com and other UTMOST graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of UTMOST. UTMOST’s trademarks and trade dress may not be used in connection with any product or service without the prior written consent of UTMOST. The images and icons available in the UTMOST icon pack may used by partners and third party sites in connection with providing appropriate links to the UTMOST Site.
You hereby expressly and irrevocably release and forever discharge UTMOST, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.
You hereby agree to indemnify and hold harmless UTMOST, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of (i) a breach of these Terms, (ii) Content posted on the Site, (iii) the use of the Services, by you or any person using your account or UTMOST Username and password, or (iv) any violation of any rights of a third party.
In no event shall UTMOST be liable under contract, tort, strict liability, negligence or other Legal theory with respect to the site, the service or any content (i) for any lost profits or Special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, (ii)
To provide substitute goods or services (however arising), or (iii) for any direct damages in Excess of (in the aggregate) $100.You must be 14 years and older to register to use the UTMOST website. As a result, UTMOST does not specifically collect information about children. If we learn that UTMOST has collected information from a child under the age of 13, we will delete that information as quickly as possible. We recommend that minors between the ages of 14 and 18 ask and receive their parents' permission before using UTMOST or sending information about themselves or anyone else over the Internet.
No agency, partnership, joint venture, or employment is created as a result of the Terms and you do not have any authority of any kind to bind UTMOST in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. UTMOST shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond UTMOST’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. UTMOST may transfer, assign or delegate the Terms and its rights and obligations without consent. The Terms shall be governed by and construed in accordance with the laws of Ontario, as if made within Ontario between two residents thereof, and the parties submit to the exclusive jurisdiction of Ontario courts. Both parties agree that the Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.
UTMOST may terminate or suspend any and all Services and/or your UTMOST account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your UTMOST account, you may simply discontinue using the Services. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
It is your responsibility to remove all Content from your account prior to termination. Upon termination of your account UTMOST will automatically remove all Content posted to your account.
UTMOST reserves the right, at its sole discretion, to modify or replace the terms at any time. If the alterations constitute a material change to the terms, UTMOST will notify you by posting an announcement on the site. What constitutes a material change will be determined at UTMOST’s sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any service or viewing any content following notification of a material change to the terms shall constitute your acceptance of the Terms as modified.