pocial is the easiest way to publish polls that matter to Subscriber, offer Subscriber opinions, help Subscriber plan based on the popular vote and to connect with likeminded individuals. pocial requests that Subscriber treat our service and community with respect. Spam, personal attacks, and abusive language do not have a place on pocial. If Subscriber ever stumbles across anything on pocial that looks like it violates our policies, please let us know at [email protected].
pocial is a social website where users can, among other things, create polls, vote, comment, chat, message, track results, share, and assume levels of compatibility with others based on complex algorithmic formulas, however we do not guarantee compatibility on pocial to be an exemplification of absolute compatibility as the concept of compatibility is subjective & inexact. pocial is available across a large range of technological platforms hereby collectively deemed a network (the "Network") of sites, owned and operated by pocial. ("pocial"). Please read these terms of service ("Agreement") carefully before using the Network or any services provided on the Network (collectively, "Services"). By using or accessing the Services, Subscriber agrees to become bound by all the terms and conditions of this Agreement. If Subscriber does not agree to all the terms and conditions of this Agreement, Subscriber shall not use the Services. By accessing the Services, Subscriber ("Subscriber") expressly agrees to these Terms of Service and pocial’s Privacy Policy.
Subject to the terms and conditions of this Agreement, pocial may offer to provide the Services, as described on the Network and which are selected by Subscriber, solely for Subscriber's own use -- and not for the use or benefit of any third party. Services may include, but not be limited to, any services pocial performs for Subscriber, as well as the offering of any Content (as defined below) on the Network. Subscriber expressly acknowledges by using the Network that pocial may change, suspend or discontinue the Services at any time or for any reason, including the availability of any and all features, databases and/or content with or without notice and without liability and furthermore that pocial at all times reserves the right, to modify these Terms of Service and Privacy Policy (“Terms”) at any time and for any reason by posting revised Terms on any applicable pocial Network and/or by providing notice via e-mail or otherwise on the Network. Subscriber agrees that Subscriber shall be responsible for reviewing and becoming familiar with any such modifications each time before using pocial. Any use of the Services by Subscriber following such modification constitutes Subscriber's acceptance of the terms and conditions of this Agreement as modified.
Subscriber certifies to pocial that if Subscriber is an individual (i.e., not a corporate entity), Subscriber is at least 13 years of age. No one under the age of 13 may use the Network without the expressed written consent of pocial. Subscriber also certifies that Subscriber is legally permitted to use the Services and access the Network, and takes full responsibility for the selection and use of the Services and access of the Network. If this Agreement is void by reason of illegality or prohibition by law, Subscriber shall not have the right to access the Network in such jurisdictions. pocial makes no claim that the Network may be lawfully accessed or that Content may be downloaded anywhere, inside or outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If Subscriber accesses the Network, Subscriber does so at Subscriber’s own risk. Subscriber is responsible for compliance with the laws of Subscriber jurisdiction.
pocial will use reasonable efforts to ensure that the Network and Services are regularly and reasonably available. However, there will be occasions when the Network and/or Services will be interrupted. Subscriber agrees that neither pocial nor the Network will be liable in any event to Subscriber or any other party for any suspension, modification, discontinuance or lack of availability of the Network, the service, any Subscriber Content, or other Content.
Subscriber further acknowledges that pocial retains the right to create limits on use and storage in its sole discretion at any time with or without notice.
Subscriber shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Network or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service and that such equipment or ancillary services are compatible with the Services.
pocial does NOT claim ANY ownership rights of the text, files, images, photos, video, sounds, musical works, works of authorship, applications, source code, statements of likeness, business records, personal records, trade secrets, or any other materials (collectively, "Content") that Subscriber posts on or through the pocial Network or Services. By displaying or publishing ("posting") any Content on or through the pocial Network or Services, Subscriber hereby warrants title and/or license to publish Subscriber posted Content. By posting such Content on pocial, Subscriber grants to pocial a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Site in any media formats through any media channels, except Content not shared publicly ("private"), outside of the pocial Network or Services.
All trademarks, service marks, and trade names are proprietary to pocial and/or third parties. Subscriber must abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services.
The Network is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. Other than as expressly set forth in this Agreement, Subscriber may not copy, modify, publish, transmit, upload, participate in the transfer or sale of, reproduce (except as provided in this Section), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.
Subscriber may download or copy the Content, and other items displayed on the Network for download, for personal use, provided that Subscriber maintains all copyright and other notices contained in such Content.
From time to time, pocial may make available compilations of all the Subscriber Content on the Network (the "Creative Commons Data Dump"). The Creative Commons Data Dump is licensed under the Creative Commons Attribution Share Alike license which can easily be located HERE. By downloading The Creative Commons Data Dump, Subscriber agrees to be bound by the terms of the Creative Commons Data Dump license.
Any other downloading, copying, or storing of any Content other than for personal, noncommercial use is expressly prohibited without the prior written consent of pocial, or from the copyright holder identified in such Content's copyright notice. In the event pocial makes software available to Subscriber for download, the software, including any files, images incorporated in or generated by pocial software, and the data accompanying the software (collectively, the "Software") is licensed to Subscriber by pocial. pocial does not have authority and does not license third-party software that is not released by pocial. Subcriber acknowledges that any pocial license granted to Subscriber may only be used for personal, noncommercial use, and no title to the Software shall be transferred to Subscriber. pocial or third party licensors retain full and complete title to the Software and all intellectual property rights therein.
Some of the pocial Network Services are supported by advertising revenue and may display advertisements and promotions, and Subscriber hereby agrees that pocial may place such advertising and promotions on the pocial Network or on, about, or in conjunction with Subscriber Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to Subscriber.
Subscriber represents and warrants that: (i) Subscriber own the Content posted by Subscriber on or through the pocial Network or Services or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of Subscriber Content on or through the pocial Network does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of Subscriber Content on the Site does not result in a breach of contract between pocial Subscriber and a third party. Subscriber agrees to pay for all royalties, fees, and any other monies owing any person by reason of Content Subscriber post on or through the pocial Network.
Subscriber agrees that all Subscriber Content that Subscriber contributes to the Network will be licensed under the Creative Commons Attribution Share Alike license which can be located HERE. Subscriber grants pocial the right and license to use, copy, cache, publish, display, distribute, modify, create derivative works and store such Subscriber Content and to allow others to do so ("Content License") in order to provide the Services. Subscriber warrants, represents and agrees Subscriber has the right to grant pocial and the Network the rights set forth above. Subscriber represents, warrants and agrees that it will not contribute any Subscriber Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party, (b) reveals any trade secret, unless Subscriber owns the trade secret or has the owner's permission to post it, (c) infringes any intellectual property right of another or the privacy or publicity rights of another, (d) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (e) contains a virus, Trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or (f) remains posted after Subscriber has been notified that such Subscriber Content violates any of sections (a) to (e) of this sentence. pocial reserves the right to remove any Subscriber Content from the Network, suspend or terminate Subscriber's right to use the Services at any time, or pursue any other remedy or relief available to pocial and/or the Network under equity or law, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Subscriber Content or if pocial is concerned that Subscriber may have breached the immediately preceding sentence) or for no reason at all..
On pocial people connect using their real names and identities. pocial requires that Subscriber refrain from publishing the personal information of others without their consent. Claiming to be another person, creating a false presence for an organization, or creating multiple accounts undermines community and violates pocial terms. Any presence created for an organization without the permissive consent of said organization will be terminated without warning.
Hateful Speech and Graphic Contentpocial does not permit hate speech, but respects the distinction between hate speech and satire and/or other humorous expression. While pocial encourages Subscriber to challenge ideas, institutions, events and practices, pocial does not permit individuals or groups to attack others based on their race, ethnicity, national origin, religion, sex, gender, sexual orientation, disability or medical condition and may edit or remove discriminatory speech at pocial’s sole discretion. Furthermore, pocial allows Subscribers to vote, debate, share and express through text, photos and videos, however, sharing any graphic content for sadistic pleasure is strictly prohibited
Nudity and Pornographypocial prohibits the sharing of pornographic content and any explicitly sexual content where a minor is involved. Furthermore, pocial prohibits the public sharing of pornographic content. pocial also imposes limitations on the display of nudity.
Intellectual PropertyBefore sharing content on pocial, Subscribers must have the right to do so. pocial requires that Subscriber respect copyrights, trademarks, and other legal rights before publishing unowned and/or unlicensed non-authorized third party Content.
Phishing and Spampocial takes the safety of our members seriously and works to prevent attempts to compromise Subscriber privacy or security. pocial requires that all Subscribers respect other pocial members by refraining from contacting them for commercial and/or solicitation or alike purposes without their consent.
Securitypocial takes the safety of our Subscribers seriously and work to prevent attempts to compromise their privacy or security, including those that use fraud or deception. Additionally, pocial requires that all Subscribers respect other members by refraining from contacting them for commercial purposes without their consent.
Subscriber is responsible for all of its activity in connection with the Services and accessing the Network. Any fraudulent, abusive, or otherwise illegal activity or any use of the Services or Content in violation of this Agreement may be grounds for termination of Subscriber's right to Services or to access the Network and/or legal action. Subscriber may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Network or Service user. Use of the Network or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. Under no circumstances will Subscriber use the Network or the Service to (a) send unsolicited e-mails, bulk mail, spam or other materials to users of the Network or any other individual, (b) harass, threaten, stalk or abuse any person or party, including other users of the Network, (c) create a false identity or to impersonate another person, or (d) post any false, inaccurate or incomplete material or delete or revise any material that was not posted by Subscriber.
pocial has no special relationship with or fiduciary duty to Subscriber. Subscriber acknowledges that pocial has no control over, and no duty to take any action regarding: which users gains access to the Network; which Content Subscriber accesses via the Network; what effects the Content may have on Subscriber; how Subscriber may interpret or use the Content; or what actions Subscriber may take as a result of having been exposed to the Content. Much of the Content of the Network is provided by and is the responsibility of the user or subscriber who posted the Content. pocial does not monitor the Content of the Network and takes no responsibility for such Content. Subscriber releases pocial from all liability for Subscriber having acquired or not acquired Content through the Network. The Network may contain, or direct Subscriber to sites containing, information that some people may find offensive or inappropriate. pocial makes no representations concerning any content contained in or accessed through the Network, and pocial will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Network.
Although pocial and the Network will make reasonable efforts to store and preserve the material residing on the Network, neither pocial nor the Network is responsible or liable in any way for the failure to store, preserve or access Subscriber Content or other materials Subscriber transmitS or archiveS on the Network. Subscriber IS strongly urged to take measures to preserve copies of any data, material, content or information Subscriber postS or uploadS on the Network.
The Services, Content, Network and any Software are provided on an "as is" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. pocial makes no representations or warranties of any kind with respect to the Network, the Services, including any representation or warranty that the use of the Network or Services will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) meet Subscriber requirements or expectations, (c) be free from errors or that defects will be corrected, (d) be free of viruses or other harmful components.
To the fullest extent permitted by law, pocial disclaims any liability or responsibility for the accuracy, reliability, availability, completeness, legality or operability of the material or services provided on this Network. By using this Network, Subscriber acknowledge that pocial is not responsible or liable for any harm resulting from (1) use of the Network; (2) downloading information contained on the Network including but not limited to downloads of content posted by subscribers; (3) unauthorized disclosure of images and/or videos, information or data that results from the upload, download or storage of content posted by subscribers; (4) the temporary or permanent inability to access or retrieve any Subscriber Content from the Network, including, without limitation, harm caused by viruses, worms, Trojan horses, or any similar contamination or destructive program.
Users of the Network may gain access from the Network to third party sites on the Internet through hypertext, iFrames or other computer links on the Network. Third party sites are not within the supervision or control of pocial or the Network. Unless explicitly otherwise provided, neither pocial nor the Network make any representation or warranty whatsoever about any third party site that is linked to the Network, or endorse the products or services offered on such site. pocial and the Network disclaim: (a) all responsibility and liability for content on third party pocial websites and (b) any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) Subscriber might be requested to give any third party, and Subscriber hereby irrevocably waive any claim against the Network or pocial with respect to such sites and third party content.
As a condition to using Services, Subscriber may be required to register with pocial and select a password and profile name. Subscriber shall provide pocial with accurate, complete, and updated registration information, including Subscriber's e-mail address. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of Subscriber's account. Subscriber may not (a) select or use as a profile name of another person with the intent to impersonate that person; or (b) use as a profile name subject to any rights of a person other than Subscriber without appropriate authorization. pocial reserves the right to refuse registration of, or cancel a profile name in its discretion. Subscriber shall be responsible for maintaining the confidentiality of Subscriber's password. Subscriber is solely responsible for any use of or action taken under Subscriber's password and accepts full responsibility for all activity conducted through Subscriber's account and agrees to and hereby releases the Network and pocial from any and all liability concerning such activity. Subscriber agrees to notify pocial immediately of any actual or suspected loss, theft, or unauthorized use of Subscriber's account or password. The Network will take reasonable security precautions when using the internet, telephone or other means to transport data or other communications, but expressly disclaims any and all liability for the accessing of any such data communications by unauthorized persons or entities.
Subscriber will indemnify and hold pocial, its directors, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of Subscriber's access to the Network, use of the Services, the violation of this Agreement by Subscriber, or the infringement by Subscriber, or any third party using the Subscriber's account, of any intellectual property or other right of any person or entity.
In no event shall pocial, its directors, officers, shareholders, employees or members be liable with respect to the Network or the Services for (a) any indirect, incidental, punitive, or consequential damages of any kind whatsoever; (b) damages for loss of use, profits, data, images, Subscriber Content or other intangibles; (c) damages for unauthorized use, non-performance of the Network, errors or omissions; or (d) damages related to downloading or posting Content. pocial's and the Network's collective liability under this agreement shall be limited to three hundred United States Dollars. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to Subscriber.
Either party may terminate the Services at any time by notifying the other party by any means. pocial may also terminate or suspend any and all Services and access to the Network immediately, without prior notice or liability, if Subscriber breaches any of the terms or conditions of this Agreement. Upon termination of Subscriber's account, Subscriber's right to use the Services, access the Network, and any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of Subscriber access to and use of the Network and the Services shall not relieve Subscriber of any obligations arising or accruing prior to such termination or limit any liability which Subscriber otherwise may have to pocial or the Network, including without limitation any indemnification obligations contained herein.
This Privacy Policy sets forth the online data collection and usage policies and practices of pocial ("pocial", "us" or "pocial ") that apply to Subscriber, the user ("User" or "Subscriber"), and Subscriber use of pocial, pocial.com, or other pocial operated sites that refer to this Privacy Policy (collectively, the "Websites") delivered via Websites powered by pocial or co-branded with and hosted by pocial as indicated on such sites ("Powered Sites"), delivered via the pocial downloadable user applications ("Software"), or otherwise delivered to mobile devices and computers through the pocial platform technology (the "Platform"). Collectively, all pocial websites, Powered Sites, Mobile Sites, Applications, Software, Platform and other services, features, software, email notices and communications and intellectual property provided, used and made available in connection with each of the foregoing is collectively referred to herein as, the "Service". By using or accessing the Service or any portion thereof or otherwise signing up for email notices and communications, Subscriber accepts the practices described in this Privacy Policy.
This policy does not apply to information collected through any other website, service or to the practices of companies that pocial does not control. pocial is not responsible for the privacy practices of others or other pocial websites, and pocial recommends that Subscriber read the privacy policies of each pocial website and application that Subscriber visit and use.
In certain instances, Users of the Service have the option of registering an account with us (a "Member Account") and becoming a "Member", or merely using the Service as a visitor without registering personal information with us. Subscriber should note however, that many of the features of the Service may require Users to become Members. In other instances, Users of the Service can simply visit without registering personal information with us, or may provide an email address or other information to us for notifications and email communications
pocial respects the privacy of all Users of the Service, and unless otherwise set forth in this Privacy Policy or in any applicable terms of use, disclaimer or legal statement related to a pocial website Subscriber use or join as a Member (which together form the "Agreement"); pocial will not release Subscriber non-public, password protected personal information without Subscriber permission.
"Personal Information" is unique information that identifies Subscriber, or any other person, as a distinct and identifiable individual. Personal Information includes information such as Subscriber name, email address, address or telephone number. The personally identifiable information may include e-mail addresses, zip code, educational background, professional information, disciplinary actions, criminal history or other similar information, the access code and password used by Subscriber to access the pocial Site, and individual profile information. Please be aware that even after Subscribers request for a change is processed, pocial may, for a time, retain residual information about Subscriber in backup and/or archival copies of our database and pocial may retain information about Subscriber to make sure Subscriber remain unsubscribed until requested to re-subscribe to email notices and communications. pocial may also retain certain data contributed by Subscriber if pocial believes it may be necessary to prevent fraud or future abuse, or for legitimate business purposes, such as analysis of aggregated, Non-Personal Information (as defined below), account recovery, or if required by law. Subscriber can also close Subscriber member account through the applicable website. If Subscriber chooses to close Subscriber Member Account, please note that some information may remain in backup copies and logs. Some of the things Subscriber does on pocial may remain active even after Subscriber deletes Subscriber account including but not limited to; vote tally's, polls embedded on external sites and applications, images and videos stored when creating polls, comments, compatibility results and other information not exclusive to Subscriber account. pocial may continue to hold and maintain Personal Information if Subscriber account is a Corporate Account or Member Account as pocial deem necessary.
Except as otherwise described in this Privacy Policy, pocial will not disclose non-public, confidential Personal Information to any third-party unless pocial believes that disclosure is necessary to: (i) comply with the law, conform to legal requirements or to respond to a subpoena, search warrant or other legal process received by us, whether or not a response is required by applicable law; (ii) enforce the Agreement or to protect our rights, property and interests (or of an affiliate); (iii) protect the safety of members of the public and Users of the Service; or (iv) effectuate any purchases or other transactions made with a credit card, debit card, or similar instrument’ (v) ensure the sites effectiveness in connecting standard Subscriber with business Subscriber and vice versa.
pocial may disclose information to companies and individuals pocial employs or contract with to perform functions on our behalf. Examples include hosting our pocial servers, analyzing data, providing marketing assistance, developing new features and functions and providing customer service. These companies and individuals will have access to Subscriber Personal Information as necessary to perform their functions, but they may not share that information with any other third-party.
pocial reserves the right to transfer Personal Information to a successor in interest that acquires rights to that information as a result of the sale of pocial or a transfer of all or substantially all of our assets to that successor in interest.
Users of the pocial website may provide us Personal Information in connection with compiling profile information. pocial may also obtain Personal Information from third parties. pocial may use Personal Information, whether provided by Subscriber or independently obtained by us, (a) in the course of the research process for pocial or in connection with the sale of sponsorships, advertising, profiles, plaques, certificates or other items or services.
pocial will not trade, sell, or otherwise commercially disseminate any non-public, confidential Personal Information, except (x) as indicated in this Privacy Policy, (y) as part of our business activities or the business activities of an affiliate, including exchanging credit card information with credit card companies; (z) as part of a profile published on pocial or sponsorship or otherwise agreed upon in connection with providing Subscriber a Service.
In addition, pocial may disclose personally identifiable information from time to time to our affiliates to assist in their marketing efforts. For purposes of this Privacy Policy, "affiliate" means any company that controls us ("Parent"), any company that is controlled by us ("Subsidiary"), companies used to maintain and update basic contact information, such as current address, phone numbers, etc., or any company that controls or is controlled by any such Parent or Subsidiary.
pocial may conduct surveys or sponsor promotions, special sweepstakes, or contests on the pocial website. Subscriber may be asked to provide Personal Information including name, email address or home address, among other things, or asked to answer questions in order to participate. Furthermore, pocial may transfer Personal Information to certain ad partners and vendors that Subscriber have explicitly requested to receive information from.
"Non-Personal Information" is information that does not specifically identify Subscriber or any person as an individual, and includes, but is not limited to, such non-unique information obtained from users of the Service like aggregated data, browser type, browsing history, Internet protocol ("IP") address or an internet service provider. Non-Personal Information is used to manage the pocial website, track usage and improve the Service and is not linked to any Personal Information. Non-Personal Information may be shared with third-parties to provide more relevant services and advertisements to Users.
Non-Personal Information may be collected about Subscriber usage of the Service or retrieved from Subscriber Member Account and aggregated with data from other users. Aggregate data is collected to build higher quality, more useful services by performing statistical analyses of the collective characteristics and behavior of users of the Service. pocial may provide statistical information based on this data to advertisers and other current and potential business partners.
Nothing under this Privacy Policy is intended to limit or restrict us from news reporting, writing articles or creating content that may include references to Personal Information about a User or Member acquired through means other than accessing Subscriber non-public, password protected Personal Information. Nothing under this Privacy Policy is intended to limit or restrict usage of aggregate information collected from the pocial website.
Due to the Internet communications standards, when Subscriber visits the pocial website pocial may receive the URL of the site from which Subscriber came and may receive the URL of the site to which Subscriber is going when Subscriber leaves the Service. pocial also may receive the IP address of Subscriber’s computer (or the proxy server Subscriber uses to access the World Wide Web), Subscriber’s computer operating system and type of browser Subscriber is using, email patterns, as well as the name of Subscriber’s ISP. This information can be used to analyze overall trends to help us improve the Service. IP addresses may also be recorded for security and monitoring purposes as well as providing more relevant advertisements. The linkage between Subscriber IP address and Subscriber Personal Information is not shared with third-parties without Subscriber permission unless otherwise required by law.
Cookies are small text files that are placed on Subscriber’s computer hard drive by a webpage server. Cookies are used to store a visitor's preferences and to record session information. Cookies are also used to prevent excessive voting on timed polls, duplicative advertisements and to customize newsletter, advertising, and pocial website content based on a User's browser type and Member Account information. The Service uses uniquely identifiable cookies for Subscriber session activity while Subscriber is using the Service, which will not function without this session tracking security enabled. This session cookie will expire at the time of Subscriber (a) logging off of our pocial website or (b) after one (1) day has passed since using the Service. pocial will, however, never reveal or share this cookie information to any third party site, nor does Subscriber cookie contain any Personal Information.
Advertisements appearing on the pocial website may be delivered to Subscriber by us or by one of our advertising partners. Our advertising partners may set cookies which will allow the ad server to recognize Subscriber computer each time an advertiser sends Subscriber an online advertisement. In this way, ad servers may compile information about where Subscriber, or others who are operating Subscriber computer, saw their advertisements and determine which ads are clicked through by Subscriber. This information allows an ad network to deliver targeted advertisements that they believe will be of most interest to Subscriber. pocial does not control these third-party cookies. Use by advertisers of cookies is subject to their own privacy policies, not this Privacy Policy.
Subscriber may be able to configure Subscriber’s browser to accept or reject all or some cookies, or notify Subscriber when a cookie is set. Each browser is different. Refer to the "Help" menu of Subscriber browser to learn how to change Subscriber cookie preferences. However, please note that SUBSCRIBER MUST ENABLE COOKIES ON SUBSCRIBER BROWSER IN ORDER TO USE MANY FUNCTIONS OF THE SERVICE.
The Service provides Subscriber with content from, and links to, third-party websites. pocial may also carry advertisements from other companies. pocial is not responsible for the privacy practices of websites or other services operated by third-parties that are linked from or integrated with the Service or for the privacy practices of third-party Internet advertising companies. Once Subscriber leaves the pocial website via such a link, access a third-party application (such as widgets), or clicks on an advertisement, Subscriber should check the applicable privacy policy of the third-party or advertiser site to determine, among other things, how they will handle any Personal Information they collect from Subscriber.
Subscriber may receive requests to participate in promotions and market research including polls and surveys submitted by us or other pocial members. If Subscriber participates in promotions, surveys and polls offered through the Service, the information Subscriber provides may be visible to others using the Service.
If Subscriber posts on a public section of the Service, such as a bulletin board, comment section, comment feed, forum or blog, or participates in a chat of any kind on the website, Subscriber should be aware that any Personal Information Subscriber chooses to provide there can be read, collected, or used by other Users of these forums, as well as other third parties, and could be used to send Subscriber unsolicited messages. pocial is not responsible for the Personal Information Subscriber chooses to submit in these public areas of the Service.
pocial reserves the right and may from time to time, make changes to this Privacy Policy. If pocial makes changes, pocial will post them on our pocial website to make Subscriber aware of what the changes are so Subscriber will always be aware of what information pocial collects, how pocial might use it, and when pocial may disclose it. Subscriber is bound by any changes to the policy when Subscriber uses the pocial site after those changes have been posted. If, however, pocial is going to use Subscriber’s Personal Information in a manner materially different from that stated at the time of collection, pocial will post a notice on our pocial website for 30 days and/or send Subscriber a notice to the email address Subscriber Member Account is registered under.
pocial has adopted the following policy toward copyright infringement with respect to the Network in accordance with the Digital Millennium Copyright Act. The address of pocial's Designated Agent for copyright takedown notices ("Designated Agent") is listed below.
If Subscriber believes that content residing or accessible on the Network infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent at [email protected].
1. Identification of the work or material being infringed.
2. Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that pocial is capable of finding and verifying its existence.
3. Contact information about the notifying party (the Notifying Party), including name, address, telephone number and e-mail address.
4. A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
5. A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
The Notifying Party's physical or electronic signature. After the Designated Agent receives notification of an alleged infringement that meets all of the requirements above, pocial shall:
1. Disable access to or remove material that it has a reasonable, good faith belief is copyrighted material that has been illegally copied and distributed by any subscriber to the Network.
2. pocial will then immediately notify the subscriber responsible for the allegedly infringing material (the Offending Subscriber) that it has removed or disabled access to the material.
3. pocial reserves the right, at its discretion, to immediately terminate the account of any subscriber who is the subject of repeated takedown notices.
A subscriber who believes they are the wrongful subject of a copyright takedown notice, may file a counter notification with pocial, by providing the following items in writing to the Designated Agent at [email protected]
The specific URLs of material that pocial has removed or to which pocial has disabled access.
1. User's name, address, telephone number, and email address.
2. A statement that User consent to the jurisdiction of Federal District Court for the judicial district in which Subscriber address is located (or New York County, New York if Subscriber address is outside of the United States), and that User will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
3. The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
Upon receipt of a counterclaim, pocial will forward it to the party who submitted the original copyright infringement claim. The original complainant will then have 10 days to notify us that he or she has filed legal action relating to the allegedly infringing material. If pocial does not receive any such notification within 10 days, pocial may restore the material to the Network.
pocial used commercially acceptable measures to protect the confidentiality of Subscriber non-public information that is stored within password protected portions of the websites. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.
This Agreement (including the Privacy Policy), as modified from time to time, constitutes the entire agreement between Subscriber, the Network and pocial with respect to the subject matter hereof. This Agreement replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof. 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. pocial shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond pocial's reasonable control, including, without limitation, mechanical, electronic or communicatiopocial respects the privacy of all Users of the Service, and unless otherwise set forth in this Privacy Policy or in any applicable terms of use, disclaimer or legal statement related to a pocial website Subscriber use or join as a Member (which together form the "Agreement"); pocial will not release Subscriber non-public, password protected personal information without Subscriber permission.ns failure or degradation. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by Subscriber except with pocial's prior written consent. pocial may assign this Agreement in whole or in part at any time without Subscriber's consent. This Agreement shall be governed by and construed in accordance with the laws of the state of California without regard to the conflict of laws provisions thereof. Subscriber and pocial acknowledge and agree that the state and federal courts of the state of California have exclusive jurisdiction to resolve any dispute arising out of this Agreement. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Subscriber does not have any authority of any kind to bind pocial in any respect whatsoever. Any notice to the Network that is required or permitted by this Agreement shall be in writing and shall be deemed effective upon receipt, when sent by confirmed e-mail to support@pocial.
If Subscriber need to contact us regarding these Terms of Use and Privacy Policy, pocial can be reached by e-mail at [email protected]
