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Survey Galaxy | Term and Conditions
Home Page The members area is for registered users to create and publish their own online  surveys Information on Survey Galaxy
 

SURVEY GALAXY LTD
USER AGREEMENT

PLEASE READ THE FOLLOWING TERMS & CONDITIONS (the "Agreement") CAREFULLY. YOU MUST AGREE TO ACCEPT AND ABIDE BY ALL THE ITEMS STATED IN THE AGREEMENT TO USE THIS WEBSITE.

BY CHECKING THE APPLICABLE BOX ON THE REGISTRATION PAGE, YOU INDICATE YOUR ACCEPTANCE OF ALL THE TERMS & CONDITIONS INCLUDING ALL COVENANTS AND WARRANTIES.

Survey Galaxy Ltd. (the "Company") provides and maintains the www.surveygalaxy.com website (the "Site") and provides services and tools (the "Services") to registered users (the "User") of the Site to enable the creation, management and publishing of surveys and the collection and analysis of data from those surveys for the purpose of private, commercial, industrial and/or academic research and other purposes.

On acceptance of this Agreement and the payment of the appropriate fees as stated on the Site the Company will grant a limited license to the User to use the Site and the Services to compose, manage and distribute surveys, to view, collate and compile and use the response information generated from the Users own private surveys for the Users business and/or private use.

With the exception of images that are uploaded to the site by Users and others and where otherwise stated the Company owns the entire contents of the site including but not limited to the graphics, music, sound, pictures, video, text, names, compilations, survey site templates, surveys, respondent survey data, website design, processes and procedures contained within the Site and Service including copyright, trademarks, patents or other proprietary rights and laws. Users may not without written permission from the Company copy, reproduce or distribute material sourced from the site nor may they de-compile or reverse engineer nor disassemble any of the content for commercial or competitive purposes.

The response data collected from the User's private surveys will be held in a secure environment by the Company and will not be used or revealed to third-parties unless the Company is required to do so in order to comply to a specific court order that carries the necessary jurisdiction or at the written request of the User. The Company agrees to remove any of the User's information and/or survey data from the Company's servers on written request from the User notwithstanding that copies of the data may exist on the Company's backup archives.

Whenever survey response data is exported by the User ownership of the exported response data will be transferred to the User and the User will then be responsible for ensuring that all copies of the exported data are used in a responsible manner and in a way that complies with all the necessary and applicable compliance requirements of the country or countries where the exported data resides or is transferred to. The Company will not be held accountable in any shape or form for data exported by the User from the Site.

Access to the Site and the use of the Services are provided to the User under the Agreement as set out in this document along with any rules or policies that are contained throughout the site.

With the exception of that which is noted under other rules and policies that are contained throughout the site the Agreement as stated here supersedes any previous agreements between the parties and this Agreement constitutes the whole agreement between the parties and there are no promises terms conditions or obligations oral or written expressed or implied other than those contained within this agreement.

The Company reserves the right to bar or restrict from the site and/or remove any or part of any survey without notice that in the opinion of the Company breeches either the Agreement, stated code of conduct and/or, in the opinion of the Company, threatens to bring the Company into disrepute either morally, commercially or legally according the laws of the United Kingdom or any local and International laws that might apply. The Company reserves the right to take any action thought appropriate with no notice or compensation whatsoever being due to the User.

Surveys and associated material are hosted by the Company on the understanding that the User agrees to take full responsibility as to the content of the surveys that they create/compose and publish and the manner in which respondents are canvassed.

The User agrees to take full responsibility for honouring statements made, or that could be associated with, their published surveys including but not limited to promises and assurances regarding privacy, competition prizes or financial incentives.

The User agrees to take full responsibility for ensuring that all surveys that are published, and the survey data that is collected, meet all the necessary and applicable compliance requirements of the country or countries where the survey is conducted.

The User agrees to take full responsibility for the manner in which the results of their surveys are published including but not limited to providing third party access either through facilities that are available on the Site or where the results of surveys are published through other publication methods including but not limited to digital media, audio media and printed publications.

The User accepts full responsibility for the configuring and granting of access to third parties for results and information that is published through the Site's online Results Analyzer facility.

The Company will not be held responsible for the content of surveys or pages hosted under our Service, or for the manner in which they are distributed to third parties. In the case of Private surveys the Company does not review surveys or pages for content before they are published, and does not verify, endorse or otherwise take responsibility for the contents of any Private survey or their pages.

Any survey found to contain, promote, or link to inappropriate content; or that the Company determines are in violation of our rules and guidelines; or is found to be otherwise objectionable will be subject to immediate removal from the site and may at the discretion of the Company result in the Users right to access being withdrawn either temporary or permanently and any surveys and associated data generated through the Users previous use of the Site and Services are subject to being removed from the Site without any notice or compensation whatsoever being due to the User.

'Inappropriate content' will include but is not limited to:-

  • Content that in the opinion of the Company contains or contains links to: pornographic, adult content, sexual, abusive, foul or offensive language.
  • Content that infringes any copyrights, trademarks, patents, trade secrets or other intellectual property.
  • Content that is in the opinion of the Company thought to be racist or otherwise extremely offensive to others, including content that aggravates, harasses, threatens, defames, or abuses others.

SPAMMING

Surveys that are promoted through the sending of unsolicited email (Spamming) or mail fraud schemes, or surveys that promote or condone the sending of unsolicited email to individuals not affiliated with the sender. Where incidents of spamming are reported to the Company the Company reserves the right to suspend all the Users rights to use and/or have access to the Site and the Company retains the right to suspend all published surveys held on the Site until the complaint can be fully investigated.

FRAUDULENT USE AND Phishing

Published survey's that are suspected of being used to defraud others for example but not limited to collecting information such as username, account details and passwords will be suspended as soon as such surveys are discovered and/or brought to the attention of the Company. The User's account may be removed immediately, without prior notice and without compensation. In the event that a complaint is investigated and found to be unfounded all rights previously held by the User will be restored without compensation.

ATTEMPTS TO HACK THE SITE

Any User that is suspected of attempting to hack the site using any form of hacking will have their account disabled immediately, without prior notice and without compensation. In the event that a complaint is investigated and found to be unfounded all rights previously held by the User will be restored without compensation.

ADVERTISING

Users are permitted to include advertisements within their own private surveys providing such advertising does not in the opinion of the Company violate any of the Site's terms and conditions and that it complies with any relevant advertising standards that may apply and that advertisements do not promote other third parties that offer the same or similar services to that offered by the Company.

TIME RELATED SERVICES

Any Service that is time related will use the Company's system clock that is based on Greenwich Mean Time (GMT) and when appropriate adjusted for British Summer Time (BST). The Company makes no guarantee that the system clock will be accurately synchronised with official GMT/BST but will make every effort to ensure that any discrepancy is kept to a minimum.

There will be no compensation, credit or debit due to any time related service should it be affected by adjustments to the system clock due to either daylight saving adjustments or where the clock is periodically resynchronised with official GMT.

Where Services specify 'days' as the chargeable units each occurrence of 00:00 GMT/BST will indicate a new day and no credit will be given to part days.

GENERAL

Persons who disregard the guidelines stated here and throughout the Site or otherwise misuse this Site or the Company's Services and/or software, including but not limited to attempts to hack, defraud or avoid payment for the Services provided by the Company will be subject to legal liability and prosecution.

The Company will reserve the right to report any suspected illegal activity to the appropriate authorities and to hand over any information regarding such activity to the appropriate persons or entities.

THE COMPANY MAKES NO IMPLIED OR EXPRESS WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINDGEMENT, WITH RESPECT TO THE SERVICES OR THE SITE, INCLUDING BUT NOT LIMITED WITHOUT LIMITATION ITS SPACE FOR HOSTING SURVEYS, CONTENT, INFORMATION, OR PRODUCTS PROVIDED IN CONJUNCTION WITH THIS SITE.

The Company will make every effort to provide the User with a reliable and secure system and try to resolve and repair any problems at the earliest opportunity notwithstanding that the Company and its employees and affiliates are not to be held responsible for any deletion, alteration, or loss of data, survey, or results due to network or system outages, file corruption, accidental deletion, incompatibilities or any other reason.

The Company provides the User with the Site and Services at the User's sole risk and the Site and Services are provided on an 'As is' and 'Available' basis. The Company makes no guarantees as to server reliability, speed, or consistency, and cannot be held liable for such. The Company does not warrant that the Services or Site are bug or error free or that the Site is free from viruses or other harmful components nor that when identified that any defect in the software or Services will be corrected.

The Company will endeavour to provide an accurate, reliable and bug free system but notwithstanding that the Company and its affiliates make no guarantee to the accuracy, correctness, or completeness of any information on these web pages, surveys, databases, or survey results and are not responsible for any errors or omissions arising from the use of such information; any failures, delays, or interruptions in the delivery of any content or services contained on the Company's computer servers; or losses or damages arising from the use of the content or Services provided by the Company.

The User agrees that any information that is downloaded or otherwise obtained through the use of the Services or from the Site will be at the Users own discretion and risk and that the Company will not in any manner be held responsible for any computer system or data loss that results from the download of such information or data.

The Company reserve the right to monitor and collect data relating to the overall usage and performance of all the web sites that it hosts and to use such information for whatever purpose it chooses. Such monitoring, collections and use of information will be subject to the conditions as stated in the Sites Privacy policy.

Where the Company links to or includes on its Site resources and information provided by third-parties, partners and/or providers the Company will make every effort to vet but does not guarantee the reliability of such information, nor does the inclusion of third-party information imply the Company's recommendation of these services.

The User agrees to indemnify and hold harmless the Company and its affiliates against any and all claims and expenses, including legal fees, arising from the use or misuse of the Company's Services and this Site. This expressly includes the Users responsibility for any and all liability arising from the violation or infringement of copyrights, trademarks or other proprietary rights and from the use of any libellous or unlawful material contained within the Users survey or Site.

THE COMPANY DISCLAIMS ANY LIABILITY FOR DAMAGES CAUSED BY ITS SERVICES OR THE CONTENTS OF THIS SITE, UNLESS DUE TO ITS INTENTIONAL WRONGDOING. THE COMPANY'S TOTAL LIABILITY FOR ANY CLAIM OR DAMAGE ARISING OUT OF OR RELATED TO ITS SERVICES OR SITE IS LIMITED TO YOUR DIRECT DAMAGES, WHICH SHALL NOT EXCEED THE FEES YOU HAVE PAID TO THE COMPANY. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR LOST PROFITS, LOST DATA, INTERRUPTIONS OF BUSINESS, OR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE OR THE COMPANY'S SERVICES OR PRODUCTS, REGARDLESS OF WHETHER THE COMPANY HAS NOTICE OF THE POTENTIAL FOR SUCH LOSS OR DAMAGE.

The Company controls this Site from its offices in the United Kingdom and makes no representations that its materials or content are appropriate or available for use from outside the United Kingdom. Users who choose to access the Site from outside the United Kingdom do so at their own risk and are responsible for complying with applicable local laws.

Other terms and guidelines:

The User is entirely responsible for composing, editing managing and requesting the publishing of their own surveys.

The User is responsible for ensuring that the account name and password assigned to the User on registration remains confidential to the User and the Company and that the User agrees to notify the Company immediately of any unauthorised account activity or any unauthorised use of the Users private data and information.

The Company reserves the right to permanently remove the details, records and data from the system after 30 days or more of any User that fails to verify their account or who have intentionally or unintentionally provided an invalid or non-existent email address or that after registration have not published a survey.

The Company reserves the right to permanently remove the details, records and data of any User who has previously published a survey if there is no active subscription and there has been 12 months or more inactivity on their account since the last active subscription end date although prior to removal the Company will take due diligence steps to try and contact the User and confirm or otherwise that the account and historical data collected by the User is no longer required.

The Company will not act unreasonably and where it is feasible will consult and provide the User with adequate advance notice but does reserve the right in exceptional circumstances to restrict, limit and purge without notice nor compensation the hardware and software resources utilised by individual Users including but not limited to the number of surveys stored, the number of images uploaded and the volume of survey response data stored.

The Company will not act unreasonably and will make every effort to consult and provide the User with adequate advance notice but does reserve the right at its own discretion for whatever reason and without notice or compensation to restrict, limit and/or cease to provide or remove any of the Sites Services wholly or in part.

This Agreement may be assigned to someone other than the User only with the Company's prior written consent.

The Company will make every effort to notify and inform the Site's Users if amendments are made to the sites terms and condition and will post a notice in the Site's news section but does reserve the right to amend or change this Agreement, its user policies and guidelines at any time without prior notice; the User agrees that they will be bound by any such amendments and that the User will review this document periodically to be certain that they are aware of the Company's current policies and guidelines. If the User does not wish to accept any modification to the agreement they agree to stop using the Site and the Services.

Either the User or an authorised officer of the User's company or the Company may terminate this Agreement at any time, for any reason, upon written notice to the other party.

If any term of this Agreement is found void or unenforceable, all other terms shall remain in full force and effect.

The Company reserves all rights not expressly granted in this Agreement.

This Agreement shall be subject to English law and governed by the exclusive jurisdiction of the English courts.

Last updated: 23 June 2011

 


 

 
Survey Galaxy | Term and Conditions 13-Dec-2018 20:40