Terms and Conditions
1. ACKNOWLEDGMENT AND ACCEPTANCE
IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS AGREEMENT, DO NOT CLICK "REGISTER" BUTTON OR OTHERWISE USE THIS SITE OR ITS SERVICES OR ANY CONTENT OF THE SITE.
2. REGISTRATION & PASSWORD.
You will provide current and accurate information in the registration page of the Site. You will ensure that such information is kept up to date. You will provide a password to access the Services and your account. Login email must be a valid email address maintained solely by you. It is your personal responsibility to keep the confidentiality of your password and login information. You will immediately notify us of any unauthorized account activity, or any unauthorized use of your email list or any other breach of security you are aware of.
3. PAYMENT TERMS; AUTOMATIC RENEWAL; CANCELLATION; MONEY-BACK GUARANTEE; FREE ACCOUNTS.
You agree to pay, and we will automatically charge all account fees including any applicable taxes, at the rates in effect when the fees are incurred. We may change the fees then in effect, or add new fees, by giving Users advance notice. You must provide us with valid credit card information, and must promptly update the Account Information page in Createsurvey with any changes in credit card validity or expiration date. We will keep your credit card information confidential. If payment cannot be charged to the credit card you have on file with us, we reserve the right to suspend or terminate your account and access to the Services.
In case you sign up for a trial or free account, we reserve the right to suspend or terminate such accounts at our sole disertion with advance notice sent to you.
4. USER RESPONSIBILITIES.
We reserve the right to deactivate your account(s) as we consider appropriate or necessary, without notice. You enter and use the Site and the Services at your own risk. Createsurvey is not accountable for your activities, surveys, content, results or questions from respondents, other data, or any other matter concerning your use of the Site or the Services and can not liable for them..
5. User Content
5.1. User acknowledges and agrees that:
(a) all survey questions, information, data, text, software, music, sound, photographs, images, video, survey responses, messages or other materials communicated, submitted or transmitted by User or respondents of User's surveys through the Site or the Services (collectively, "User Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such User Content originated,
(b) User, and not Createsurvey , is accountable for all User Content that User or respondents of User's surveys upload, post, email, distribute, transmit, or otherwise make available using the Services or that is otherwise made available through the use of User's account (if User has one), whether or not authorized by User,
(c) by using the Site and the Services, User may be exposed to User Content that is unlawful, harmful, abusive, defamatory, obscene, offensive, indecent, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, and
(d) by communicating or transmitting any User Content using the Site or the Services, User grants to Createsurvey an irrevocable, non-exclusive, royalty-free and worldwide license to use such User Content for the purpose of operating the Site and supplying the Services, and User warrants to Createsurvey that it has the right to grant such license for such purposes.
5.2. User further acknowledges and agrees that Createsurvey does not control the User Content originating from User, respondents to User's surveys or other users of the Site or the Services, and does not guarantee the accuracy, integrity or quality of such User Content. Nevertheless, Createsurvey may, but is not obligated to, review all User Content and block, modify, terminate access to, or remove any such User Content that Createsurvey, in its sole discretion, considers to be non-compliant with any of the requirements of this Agreement.
5.3. Createsurvey reserves the right to purge User Content from its databases at any time without notice. User acknowledges and agrees that User is solely responsible for backing up any User Content uploaded to the Site by User or received by User via the use of the Services. Createsurvey shall not be liable for any purging, deletion or failure to retain any such User Content.
5.4. Createsurvey may disable User's account and User's access to use the Site and/or the Services and Createsurvey may recover from User any losses, damages, costs or expenses incurred by Createsurvey resulting from or arising out of User's non-compliance with any provision of this Agreement.
5.5 We reserve the right to delete any free account that has not been logged into for 6 month or longer.
6. Createsurvey Materials
Certain content and information provided on and through this Site and Services, including documents, graphics and images that are not User Content (as defined below) (collectively, the "Createsurvey Materials") are provided to you by Createsurvey and are the copyrighted and/or trademarked work of Createsurvey or Createsurvey 's contributors. Createsurvey grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Createsurvey Materials solely for your personal use in connection with the Site and Services.
Except as expressly permitted in this Agreement, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Createsurvey Materials in any manner. This limited license terminates automatically, without prior notice to you, if you breach any term of this Agreement.
Except for the limited rights granted hereunder, you acknowledge that you have no right, title or interest in or to any Createsurvey Materials.
7. User Conduct
In connection with User's use of the Site and the Services, and without limiting any of User's other obligations under this Agreement or applicable law, User:
(a) shall comply with: (i) this Agreement, including Createsurvey 's anti-spam policy and all other policies as published on the Site from time to time, (ii) all local and international laws applicable to User, including all other laws related to unsolicited commercial email messages, defamation, privacy, obscenity, intellectual property, data protection, or child protective email address registries, (iii) all other laws or regulations applicable to User, including securities regulations, and (iv) all privacy policies or similar policies or procedures to which User may be bound that are related to User's use of the Services;
(b) shall not upload, post, email, distribute, communicate, transmit or otherwise make available any User Content: (i) that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, libelous, vulgar, obscene, offensive, indecent, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, (ii) that infringes any patent, trademark, trade secret, copyright, or other intellectual property right of any party, (iii) that User does not have the right to make available by reason of any law or contractual or fiduciary relationship (including inside information, and proprietary or confidential information obtained or disclosed in connection with an employment relationship or pursuant to a confidentiality agreement), or (iv) that comprises or includes any "junk mail", "spam", "chain letters", "pyramid schemes", or any similar form of solicitation;
(c) shall not use the Site or the Services to send surveys, polls, or other materials to individuals under the age of majority in his or her place of residence ("minors") unless User is permitted to do so under all applicable laws, or to harm minors in any way, and shall not send surveys, polls, or other materials to minors that would subject Createsurvey to any local or international law, rule or regulation governing children's privacy, rights of personality or otherwise related to protecting minors;
(d) shall not impersonate any other person or entity, including Createsurvey , or a Createsurvey official, forum leader, guide or host, or falsely state or otherwise misrepresent User's affiliation with any other person or entity;
(e) shall, if User uses the Services to send a survey, not mislead the recipients of that survey that User may have the ability to associate individual responses to that survey with the individual email addresses to which that survey was sent by stating that User has no such ability (unless User has requested Createsurvey to disable such feature). Createsurvey recommends that Users' surveys include the following notice (or words to similar effect), if applicable: "Please be advised that your responses to this survey may not be treated as anonymous by the survey sender."
(f) shall not interfere with or disrupt the Site or the Services or servers or networks connected to the Site or the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site or the Services;
(g) shall not engage in excessive usage of the Site or the Services, as determined by Createsurvey in its sole discretion, including usage that adversely affects the speed, responsiveness, or functionality of the Site, or disrupts the availability of the Site and the Services for other users;
(h) shall not attempt to damage, deny service to, hack, crack, reverse engineer, or otherwise interfere with the Site or the Services in any manner (except to the extent the foregoing prohibition is not permitted by applicable law, including, without limitation in the attached country-specific terms);
(i) shall not upload, post, email, distribute, communicate, transmit, or otherwise make available any viruses or similar malicious software that may damage the operation of a computer, the Site, or the Services; and
(j) shall not upload survey links to message boards or newsgroups that are not relevant to the subject matter of the survey, or that prohibit such uploading without Createsurvey 's prior written consent.
User further acknowledges and agrees that Createsurvey may cooperate with any governmental authority in connection with any investigation into User's use of the Site or the Services, including use in contravention of applicable laws, and may, in accordance with applicable laws, disclose any User Content, and any other information pertaining to the User or to User's use of the Site or the Services, to such governmental authority in connection with any such investigation.
We protect the privacy and confidential information of Users.You, in your turn, are responsible for all decisions with respect to the personally identifiable information of persons that respond to your surveys or to whom you send surveys. You represent and warrant that your surveys will not target children under 13 and that you will not knowingly collect personally identifiable information from children under 13.
By using the software, you are agreeing that the owners and creators of Createsurvey may collect, use, sell, license and otherwise distribute demographic data about users in aggregated form (so that no user is personally identifiable) to assist in market evaluation and for other purposes as reasonably determined by the owners and creators of Createsurvey .
9. DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE AND THE SITE IS AT YOUR SOLE RISK. THE SERVICE AND THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
TO THE FULLEST EXTENT ALLOWED BY LAW, CREATESURVEY DISACKNOWLEDGES ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE CONTENTS OF THE SERVICES OR THE SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. CREATESURVEY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN CONTENT.
CREATESURVEY IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY SURVEY OR INVITATIONS TO TAKE SURVEYS OR INVITATIONS TO VIEW SURVEY RESULTS CREATED ON OR THROUGH THE SERVICE NOR IS IT RESPONSIBLE FOR THE RESPONSES SUBMITTED TO ANY SURVEY REQUESTS OR FOR THE RESULTS GENERATED BY SURVEY RESPONSES.
CREATESURVEY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RELIABILITY OR ACCURACY OF THE REGISTRATION INFORMATION SUPPLIED TO CREATESURVEY NOR THE RESPONSES OR INFORMATION SUPPLIED BY SURVEY RESPONDENTS TO USERS IN RESPONSE TO SURVEYS.
CREATESURVEY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE CONSEQUENCES OF THE USE OF ANY SURVEY, SURVEY RESPONSES OR SURVEY RESULTS NOR DOES CREATESURVEY WARRANT THE CORRECTNESS, USEFULNESS, RELIABILITY, ACCURACY OR OTHERWISE OF ANY SURVEY, SURVEY RESPONSES OR SURVEY RESULTS.
CREATESURVEY IS NOT RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION OR OTHER LOSS RESULTING FROM USE OF OR RELIANCE IN ANY WAY ON ANY SURVEY, SURVEY RESPONSES OR SURVEY RESULTS CREATED ON OR THROUGH THE SERVICE OR THE SITE. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, RELIABILITY, COMPLETENESS AND USEFULNESS OF ANY SURVEYS, SURVEY RESPONSES, SURVEY RESULTS OR OTHER INFORMATION RECEIVED WHILE USING THE SERVICE OR SITE.
CREATESURVEY MAKES NO WARRANTY THAT THE SERVICE OR SITE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE, ERROR-FREE, ACCURATE OR RELIABLE; NOR DOES
CREATESURVEY MAKES ANY WARRANTY AS TO ANY INFORMATION THAT MAY BE OBTAINED THROUGH THE SERVICE OR SITE OR THAT DEFECTS IN THE SOFTWARE FOR THE SERVICE WILL BE CORRECTED OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED VIA USE OF THE SERVICE OR SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
CREATESURVEY MAKES NO WARRANTY IN REGARD TO ANY GOODS OR SERVICES PURCHASED OR RECEIVED THROUGH THE SERVICE OR SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH OR BASED UPON THE SERVICE OR THE SITE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR SITE OR THROUGH THE SERVICE OR SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
10. LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER CREATESURVEY NOR ANY PARENT ENTITIES, SUBSIDIARIES, AFFILIATES, OFFICERS OR EMPLOYEES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON THE SERVICE OR ANY SURVEYS, SURVEY RESPONSES OR SURVEY RESULTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SERVICE, THE MATERIALS AVAILABLE ON OR VIA THE SERVICE OR THE SITE, OR WITH ANY OF THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND LEAVE THE SITE IMMEDIATELY.
CREATESURVEY RESERVES THE RIGHT TO MODIFY O REPLACE ANY PART OF THIS AGREEMENT. AT ITS SOLE DISCRETION. IT IS YOUR RESPONSIBILITY TO CHECK THIS AGREEMENT PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THE SOFTWARE AFTER ANY CHANGES ARE MADE TO THIS AGREEMENT CONSTITUTES ACCEPTANCE OF THOSE CHANGES.
11. Intellectual Property Rights
The Site and the Services and all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Createsurvey.com, Imposant LLC Copyright © 2005, its affiliates, or its third party licensees. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license. Createsurvey reserves all rights in the Site and the Services that are not expressly granted. Createsurvey is a trademark of Createsurvey.com, Imposant LLC in the Russian Federation, the USA and of its affiliates in various other jurisdictions throughout the world. Other trademarks, names, and logos on this Site are the property of their respective owners. Nothing in this Agreement assigns or transfers to User any rights to any such intellectual property. User further acknowledges and agrees that Createsurvey Materials and other content made available to User through the Services may be subject to the intellectual property rights of third parties.
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