Terms of Service
We (the folks at CoasterPoll) run the CoasterPoll website to attempt to determine the best and worst roller coasters in the world. To use CoasterPoll, please register with us. Registration is free. Please make sure you read through, understand and agree with the terms of this agreement before you start to use the CoasterPoll Website. Basically, we aren’t liable for how you use this website, and do not guarantee the accuracy of information.
(Note, these terms originally appeared at Akismet, who made these Terms of Service available under a Creative Commons Sharealike license.)
3. Responsibility of Website Visitors.
CoasterPoll has not reviewed, and cannot review, all of the material posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, CoasterPoll does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses and other harmful or destructive content. CoasterPoll disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
4. Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which the Website links, and that link to the Website. CoasterPoll does not have any control over those non-CoasterPoll websites and webpages, and is not responsible for their contents or their use. By linking to a non-CoasterPoll website or webpage, CoasterPoll does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses and other harmful or destructive content. CoasterPoll disclaims any responsibility for any harm resulting from your use of non-CoasterPoll websites and webpages.
5. Copyright Infringement and DMCA Policy
As CoasterPoll asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Website violates your copyright, you are encouraged to notify CoasterPoll in accordance with CoasterPoll’s Digital Millennium Copyright Act ("DMCA") Policy. CoasterPoll will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a user who may infringe or repeatedly infringes the copyrights or other intellectual property rights of CoasterPoll or others, CoasterPoll may, in its discretion, terminate or deny access to and use of the Website or Service. In the case of such termination, CoasterPoll will have no obligation to provide a refund of any amounts previously paid to CoasterPoll.
Trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any CoasterPoll or third-party trademarks.
The Website, Service, and these Terms and Conditions may be changed at the sole discretion of CoasterPoll and without notice. You are bound by any such updates or changes, including but not limited to those affecting these Terms and Conditions, and so should periodically review these Terms and Conditions.
8. Communications with CoasterPoll.
All notices and other communications to CoasterPoll required under this Agreement should be directed to the CoasterPoll contact page. Notice shall be deemed given twenty-four (24) hours after notice is sent. Alternatively, we may give notice by mail to the address provided during the registration process. In such case, notice is deemed given three (3) days after the date of mailing.
9. Limitation of warranties of CoasterPoll, its suppliers and its licensors.
Except as otherwise expressly stated, all content posted to or available from the Website and the Service are provided “as is”, and CoasterPoll, its suppliers and its licensors make no representations or warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title or non-infringement of proprietary rights. CoasterPoll makes no representations and warranties regarding uptime for the Service and the accuracy of the Service in polling users preferences and interpreting those results. You understand and agree that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk, and that CoasterPoll, its suppliers and its licensors will have no liability or responsibility for any damage to your computer system or data that results from the download or use of such content or services. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above may not apply to you.
10. Limitation of liability of CoasterPoll, its suppliers and its licensors.
Except as otherwise expressly stated, in no event will CoasterPoll, its suppliers or its licensors be liable to you or any other party for any direct, indirect, special, consequential or exemplary damages, regardless of the basis or nature of the claim, resulting from any use of the Website or Service, or the contents thereof or of any hyperlinked website including without limitation any lost profits, business interruption, loss of data or otherwise, even if CoasterPoll, its suppliers or its licensors were expressly advised of the possibility of such damages. In no event will the aggregate liability for any and all of your claims against CoasterPoll, its suppliers and its licensors arising out of or related to use of the Website and Service, or the contents thereof or of any hyperlinked website exceed the amounts actually paid by you to CoasterPoll during the 12-month period prior to the date a claim is made. Some jurisdictions may not allow the exclusion or limitation of liability for certain incidental or consequential damages, so some of the above limitations may not apply to you. You agree that this Section 10 represents a reasonable allocation of risk.
11. General Representation and Warranty.
You agree to defend, indemnify and hold harmless CoasterPoll, its contractors and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Service, including but not limited to out of your violation of any representation or warranty contained in these Terms and Conditions.
CoasterPoll may terminate this Agreement, your rights under this Agreement, and your access to and use of the Website and Service in its sole discretion, for any reason or no reason at all with or without cause and without notice or liability to you or any third party. Any termination of these Terms and Conditions automatically terminates the license to use the Service and this. You may terminate these Terms and Conditions for any reason upon thirty (30) days prior written notice to CoasterPoll.
Upon termination, all rights and obligations created by this Agreement will terminate, except that you will continue to be bound by those terms that would by their nature survive such termination, including without limitation those concerning intellectual property rights, disclaimers of warranties and limitations of liability; representations, warranties and indemnity obligations; and general provisions.
These Terms and Conditions constitute the entire agreement between CoasterPoll and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of CoasterPoll, or by the posting by CoasterPoll of a revised version. If any part of these Terms and Conditions is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. CoasterPoll may assign its rights under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.