Terms and Conditions
Terms and Conditions
Updated 05/01/2023
Please read these terms and conditions (“Terms”) carefully before using our website OurTally.com (“Site”) and our polling and voting services (“Services”). These Terms apply to all visitors, users, and others who access or use the Site and Services (“Users”).
By using the Site and Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Site or Services.
Use of the Site and Services
You may use the Site and Services only for lawful purposes and in accordance with these Terms. You may not use the Site or Services in any way that violates any applicable federal, state, local, or international law or regulation.
We may collect and store data on any User based on information you give us when setting up your account including but not limited to name, address, e-mail address and social media handles. We may also use cookies to store information including but limited to your session and how you access our site and your location when accessing our site. Our Privacy Policy is available on our website for review at www.ourtally.com.
Poll creation
Creators (“Creators”) are anyone who creates a poll on OurTally.com. Creators are allowed to create polls in good faith with the intent to satisfy the settlement terms of the poll. When creating the poll, the Creator must indicate what they will do to prove that the terms of the poll have been satisfied. The winning selection is determined by the poll selection that receives the most votes. In order to receive any payment for the poll, the Creator must provide evidence that they have satisfied the settlement terms of the poll that they established when creating the poll.
OurTally LLC will determine in its sole discretion the amount of payout, if any, that will be paid to a poll Creator.
Poll voting
Fans (“Fans”) are anyone voting in a poll on OurTally.com. Tallys (“Tallys”) are votes that are purchased and cast in a poll. Fans may vote as many Tallys as they wish in any poll. All proceeds from the purchase of Tallys are owned by OurTally LLC.
Poll Payment
Payment to any Creator will be at the sole discretion of OurTally LLC.
Poll suspension
OurTally LLC reserves the right to suspend any poll for any reason or no reason. Refunds of Tallys voted in a suspended poll will be determined at the sole discretion of OurTally LLC.
Refunds
OurTally LLC reserves the right to determine whether or not refunds will be given for any reason. Users may request a refund by emailing ourtally@ourtally.com with details on why they are requesting a refund. OurTally reserves the right to give a User credits in the form of Tallys instead of a cash refund.
Account Registration
To use certain features of the Site and Services, including poll creation and voting, you will need to register for an account (“Account”). You must provide accurate and complete information when creating your Account, and you are responsible for maintaining the confidentiality of your Account information.
You agree to notify us immediately of any unauthorized use of your Account. We reserve the right to suspend or terminate your Account at any time for any reason.
Pricing and Payment
Prices for Tallys are subject to change without notice. We reserve the right to modify or discontinue our products or Services at any time without notice.
We accept payment through our third-party payment processor. You agree to provide accurate and complete payment information when placing an order. We reserve the right to refuse or cancel any order at any time for any reason.
Intellectual Property
The Site and Services, including all content, graphics, images, logos, and software, are the property of OurTally LLC or its licensors and are protected by copyright, trademark, and other intellectual property laws.
You may not use our trademarks or logos in connection with any product or service without our prior written consent.
User Content
You may submit content to the Site and Services, including comments, reviews, and other material (“User Content”). You retain all ownership rights in your User Content.
By submitting User Content, you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your User Content in any form, media, or technology.
Prohibited Activities
You may not use the Site or Services to engage in any activity that is illegal, harmful, or interferes with the rights of others, including:
• Creating polls with no intent of satisfying the settlement terms of the poll
• Creating polls that mention other users without their permission
• Posting false, inaccurate, or misleading information
• Engaging in fraud or identity theft
• Transmitting viruses or other harmful code
• Spamming or soliciting others
• Violating the privacy of others
• Harassing or threatening others
Disclaimer of Warranties
THE SITE AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, SERVICES, OR INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE.
Limitation of Liability
IN NO EVENT SHALL OURTALLY LLC BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR SERVICES.
Indemnification
You agree to indemnify and hold OurTally LLC and its affiliates, officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site or Services, your User Content, or your violation of these Terms.
Termination
This agreement will remain in effect until it is terminated by you or by us. OurTally LLC in its sole discretion may suspend or terminate this Agreement with or without notice. You may terminate the agreement by deleting your account. Termination of this agreement will not limit any of our rights or remedies at law or in equity in case of breach by the User.
