Terms of use

Last Update : May 25th, 2016

Thank you for using our applications.

These Terms of Use (“Terms”, “Terms of Use”) govern your use of Polls for Pages, Surveys for Pages, Contests for Pages and Quizzes for Pages (collectively the “Apps”) operated by Code Rubik Inc. (“us”, “we”, “Code Rubik”, or “our”).

THE FOLLOWING ARE TERMS OF A LEGAL AGREEMENT BETWEEN USERS OF THE APPS (“you” or “your”) AND CODE RUBIK AND GOVERNS YOUR USE OF THE APPS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, STOP USING THE APPS IMMEDIATELY.

Access

Subject to your acceptance and compliance with these Terms of Use, Code Rubik gives you permission to use the Apps.

You must be at least 13 years old to access to and use the Apps.

Accessing the Apps by automated means is strictly prohibited.

You must have a Facebook account to use the Apps and you must use the Apps through your own Facebook account, including a business account that you are authorized to use.

Services

The Apps are Web-based applications that allow you to create and polls, quizzes and contests and collect answers or entries via the Facebook Platform (use as a “promoter”). You may also use the Apps in order to participate in a poll, quiz or contest by providing answers or entries (use as a “participant”). Unless a distinction is indicated, these Terms apply to promoters and participants.

We provide promoters with tools to create, use and manage polls, quizzes and contests and to review and export the answers or entries provided by participants. Available features in the Apps depend on your subscription plan, please refer to Apps websites to learn about Apps features and available subscription plans. Apps features, subscription plans and features included in subscription plans may change from time to time at our sole discretion, without prior notice. All fees paid to Code Rubik under any subscription plan are non-refundable after a seven-day trial period, regardless of any change in available features.

As a participant, our services to you are limited to allowing you to participate in polls, quizzes or contests created by promoters. Promoters control the content of polls, quizzes and contests, as well as the answers or entries provided by participants.

Account

You need to create an account with us in order use each App as a promoter (the “App accounts”).

Once you start using one of the Apps via Facebook, an account will be created and associated with your Facebook profile. Our account will store basic information about your Facebook profile, including your name, gender, Facebook ID and email address.

As a promoter, your App accounts are associated with all polls, quizzes and contests created while logged into Facebook with your profile, as well as with all answers or entries provided by participants for these polls, quizzes or contests.

You are solely responsible for all actions taken and all content created or shared with your App accounts. Your App accounts are always accessible through your Facebook account; it is your responsibility to manage the access to your Facebook account.

Forbidden Use

It is strictly prohibited to use the Apps in a way that:

  • Disseminates content that is unlawful, defamatory, obscene or depicts child pornography;
  • Disseminates content that infringes upon intellectual property rights of third parties (including copyright, trademarks, patents and trade secrets);
  • Disseminates content that does not comply with Facebook Community Standards;
  • Transmits unsolicited electronic messages;
  • Transmits viruses, worms or other forms of malicious code;
  • Violates privacy protection laws in any relevant jurisdiction; or
  • Violates any of your obligations toward Facebook in any way.

Intellectual Property

The Apps, Code Rubik’s website and all content displayed or included in the Apps, including but not limited to text, images, graphics or code (the “Apps Content”) are the property of Code Rubik or used under license and are subject to intellectual property rights. You may not reproduce, distribute, modify, create derivative works of, publicly display (including by framing or embedding any content), or commercially exploit any part of the Apps, Code Rubik’s website or Apps Content other than as provided by these Terms.

As a promoter, we grant you a limited, non-exclusive, revocable license to copy, embed or share, within the limitations of the features offered by the Apps, Apps Content, only to the extent necessary to share or store polls, quizzes, contests or surveys you created with the Apps in compliance with these Terms.

These Terms do not grant you a license to use any trademark of Code Rubik or its affiliates other than in relation with content shared on Facebook via the Apps. You further agree not to (i) use, change or delete any proprietary notices from materials available through your use of the Apps, or (ii) use another app or website so as to imply it is associated with the Apps.

User Generated Content

The Apps allow you to create, use and share content inside and outside the Facebook environment. We claim no ownership of any content created by promoters or participants. By submitting content through the Apps, you grant us a non-exclusive, revocable, world-wide license allowing us to make copies of your content, store your content on our servers and make it available to people or organizations you choose to share your content with. This license does not allow us to use or share your content in any other way except in order to provide our services to you.

We may review some user generated content from time to time, but we make no commitment to review any content generated by users. We reserve the right to remove any content published through the Apps if deemed inappropriate in our sole discretion.

By posting or sharing content through the Apps, you represent and warrant to us that you are authorized to post or share such content and that you are not infringing on any person’s rights with respect to such content. You are solely responsible for the content posted or shared on Facebook using your App accounts and you agree to indemnify and hold us harmless from any claim or demand regarding any content you may have posted, used or shared on the Apps.

We do not guarantee that your content will always be available. As a promoter, you should store your content outside the Apps to ensure its continuous availability.

If you feel your intellectual property rights have been infringed upon by the posting or sharing of content by someone else using the Apps, you may contact us at the following address: copyright@coderubik.com. You must include with your notice:

  1. A description of the copyrighted work, including name and signature of the copyright owner or a person authorized to act on his/her behalf.
  2. A description of the infringing content, including sufficient information for us to locate said content.
  3. Your contact information, including physical address, telephone number and email address;
  4. Statement indicating that you are authorized to act on behalf of the copyright owner, that the infringement notification is accurate, and you have a good faith belief that the use of the relevant content is not authorized, by the copyright owner, by its agent or by law.

Facebook Policies

The Apps are hosted on the Facebook platform and their use is governed by the Facebook Platform Policy and any other policy that may be in force from time to time at Facebook’s discretion.

You must at all times be in compliance with all Facebook policies, including, without limitation, Facebook Platform Policy, Facebook Page Terms, Advertising Policies and Community Standards.

We do not control the content of Facebook policies, and your obligations under these policies may change from time to time. It is your sole responsibility to comply with all applicable policies at all times when you are using the Apps.

Facebook may modify its policies or the Facebook Platform in ways that restrict the permitted use of the Apps, the availability of the Apps or the features of the Apps. We have no control over the actions of Facebook in this matter and disclaim responsibility for any damage or loss resulting from changes in Facebook’s policies.

We are not responsible for the availability of your Facebook account, or your ability to use third-party app via Facebook. You will not be able to access and use the Apps unless you can use your Facebook account.

Personal Information and Privacy

You may collect personal information (or personal data, or personally identifiable information) through your use of the Apps. As a promoter, you must follow all rules applicable in your jurisdiction with respect to personal information and privacy when you collect, use or disclose personal information accessed through the Apps. We do not seek consent from individuals participating to polls, quizzes or contests through the Apps and it is your sole responsibility to follow all application legislation.

We manage personal information we collect or hold in accordance with our Privacy Policy. Please refer to our Privacy Policy to understand how we manage personal information.

Promotions and Sweepstakes

Promoters may use the Apps to carry out promotions, sweepstakes, raffles, draws or any other game of chance (collectively, the “Sweepstakes”). As a promoter, you must follow all rules applicable in your jurisdiction, including any applicable Facebook policy, with respect to Sweepstakes. We do not monitor the practices of promoters with respect to Sweepstakes, we do not participate in, or profit in any way from any Sweepstake held by a promoter and disclaim any responsibility for any damage or loss suffered by participants or promoters in connection with any Sweepstake.

As a participant, you take part in any Sweepstake at your own risk, and we make no representations or warranties as to the conduct of promoters with respect to Sweepstakes.

Disclaimer

We make no guarantees, representations or warranties of any kind regarding the Apps and associated technology. Any purportedly applicable warranties are excluded, to the fullest extent permitted by law. Your use of the Apps is at your sole risk. The Apps are provided on an "AS IS" and "AS AVAILABLE" basis. The Apps are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under applicable laws, in which case such law shall apply only to the extent necessary.

Code Rubik, its subsidiaries, affiliates, and its licensors do not warrant that (i) the Apps will function uninterrupted, be secure or be available at any particular time or location; (ii) any errors or defects will be corrected; (iii) the Apps are free of viruses or other harmful components; or (iv) the results of using the Apps will meet your requirements.

Indemnification

You agree to indemnify, defend and hold harmless Code Rubik, its principals, officers, directors, representatives, employees, shareholders, investors, contractors, licensors, licensees, suppliers and agents, from and against any and all claims, losses, damages, losses, obligations, costs, debts, expenses (including but not limited to attorney’s fees) actions or demands.

These include but are not limited to: (i) legal and accounting fees resulting from your use of the Services; (ii) your breach of any of these Terms; (iii) any content you share, post, publish or upload through the Apps; (iv) anything you submit us for advertising purposes and/or media placements, and (v) any activity related to your account. This includes any negligent or illegal conduct by you, any person or entity accessing or using the Apps with your account even if such access is obtained via fraudulent or illegal means.

We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which case you will cooperate with us in asserting any available defense.

Limitation of Liability

Code Rubik, its principals, officers, directors, representatives, employees, shareholders, investors, contractors, licensors, licensees, suppliers and agents shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or constituting punitive damages, including without limitation, economic loss, loss of or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of the Apps; (ii) your inability to access or use the Apps; (iii) any conduct or content of any third-party related to the Apps; (iv) any content obtained from or through the Apps; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

In any case, Code Rubik’s liability to you for any loss or damage shall not exceed, in the aggregate, the amount of the fees paid by you in consideration of the permission to use the Apps for a period of one year before any such loss or damage occurred.

General provisions

Assignment

You may not assign your rights and obligations under these Terms to any person without our prior written consent.

Governing Law

These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of Quebec and the laws of Canada, as applicable. In case of a discrepancy between versions of these Terms in different languages, the English version shall prevail.

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect.

You agree that in case of dispute or litigation, the competent tribunal sitting in the judicial district of Montreal, Quebec, Canada, will have exclusive competence to adjudicate such dispute, the parties hereby excluding any other forum.

Entire Agreement

These Terms constitute the entire agreement between you and Code Rubik and supersedes any previous agreement, including, without limitation, previous versions of these Terms. No other representation, verbal or written, have been made between the parties with respect to the subject matter of these Terms.

No Waiver

The failure from Code Rubik to enforce or exercise any right or provision of these Terms shall not constitute a waiver of such right or provision.

Modifications

We may modify or update these Terms from time to time. Modified Terms will be posted on our website and accessible by a hyperlink through the Apps. By continuing to use the Apps, you accept to be bound by the modified Terms of Use. The date of the last modification is indicated above.