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Terms & Conditions ANY PERSON OR ENTITY ("User") ACCESSING THE OPINIONGAUGE SURVEYS WEB SITE (the "Site" or "Service") OR ANY OF THE INFORMATION CONTAINED HEREIN AGREES TO AND IS BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS OPINIONGAUGE SURVEYS WEB SITE TERMS OF USE ("Agreement"):
This Agreement is a legal agreement between the User and OpinionGauge Ltd ("OGL") for the OpinionGauge Surveys Software Application Services you subscribe to. These Software Application Services include computer software, data storage mechanisms, databases and related designs, printed materials, and online or electronic documentation (Software Application Services, Application Services, or Software). By using the Software Application Services, you agree to be bound by the terms of this Customer Agreement. If you do not agree to the terms of this Customer Agreement, you are not authorized to use the Software Application Services.
1. PAYMENT.
You agree to pay all applicable charges under this Agreement, including any applicable taxes or charges imposed by any government entity, and that OGL may change its minimum pricing at any time. User must supply OGL with correct credit card information, and any changes in credit card validity or expiration date must be updated. For Subscription-based packages, LIS will automatically renew and charge Users's account every month for the following months subscription, and for usage charges for the preceding month. Renewal charges will be equal to the service package subscription price. Users subscribed to the Pay-As-You-Go service package will be charged on an interactive basis as charges are incurred. OGL will notify the User at least one month in advance of any change in the price for their service package. If the credit card cannot be processed for any reason, OGL reserves the right to cancel the Service.
All charges will be made in UK Pounds Stirling (GBP).
2. MEMBER ACCOUNT, PASSWORD AND SECURITY.
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify OGL of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. OGL cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
3. MEMBER CONDUCT.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not OGL, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. OGL does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will OGL be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
User agrees not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, "Interfere") with any OGL-operated web site in any manner. If User in any way Interferes with any OGL-operated web site, User agrees to pay all damages incurred by OGL, including any consequential damages, and agrees that the measure of hard to determine damages will be the highest estimate of damages as provided by OGL. User's Interference with any OGL-operated web site relieves OGL of any of its contractual or other legal obligations to User, including LIS's obligations under its Privacy Policy. LIS will cooperate with the authorities in prosecuting any User who Interferes with any OGL-operated web site, attempts to defraud OGL, or attempts to defraud credit card companies or any other parties through User's use of any OGL-operated web site or services.
You agree to not use the Service to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a OGL official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law, any rules of any national or other securities exchange, and any regulations having the force of law;
Violation of any of the items in this Section relieves OGL of any of its contractual or other legal obligations to User, including OGL's obligations under its Privacy Policy.
OGL reserves the right to refuse any or all service to any User for any reason, at any time, at OGL's sole discretion. User agrees that OGL may block its IP address or addresses at any time, and at OGL's sole discretion, thereby disallowing User's continued use of any OGL-operated web site.
4. MODIFICATIONS TO SERVICE.
LIS reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that OGL shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that OGL has no responsibility or liability for the deletion or failure to store any survey data or other Content maintained or transmitted by the Service. You acknowledge that OGL reserves the right to delete accounts that are inactive for an extended period of time with the exception of accounts for which a subscription charge is successfully being collected. You further acknowledge that OGL reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
5. COPYRIGHTS.
The Software Application Services are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software Application Services are licensed, not sold.
All title and copyrights in and to the Software are owned by OGL or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the Software Application Services is the property of the respective content owner and also may be protected by applicable copyright or other intellectual property laws and treaties.
6. LINKS TO THIRD PARTIES.
OGL makes no claims or representations about any Web Site not under OGL's control that a User may access from OGL's web site- by link, frame, or any other means ("Linked Site"). Any link, frame, or any other means to access any Linked Site provided by OGL or otherwise on any OGL-operated web site does not constitute OGL's endorsement, recommendation, or acceptance of any responsibility for the content of that Linked Site or the operators of that Linked Site.
7. DELIVERY.
All services charged for under these Terms of Use will be delivered electronically via the internet. The User is responsible for ensuring compliance with local legislation for use of the Service.
8. REFUNDS
Any request for refund must be made by email or telephone call. Refunds will only be given where it can be proven that charges levied were not made in accordance with the service package which the User was subscribed to at that time. 9. CANCELLATION
Any request for cancellation of a User subscription must be made by Telephone or Email at least one calendar month in advance and must state the requested termination date. Any request will be subject to confirmation by the OpinionGauge Surveys Team.
10. LIABILITY DISCLAIMER.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE OPINIONGAUGE SURVEYS SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE OPINIONGAUGE SURVEYS SITES/SERVICES AND TO THE INFORMATION THEREIN. OGL AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN OPINIONGAUGE SURVEYS SITES/SERVICES AT ANY TIME.
OGL AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE OPINIONGAUGE SURVEYS SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. OGL AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT OGL SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH A OPINIONGAUGE SURVEYS SITE/SERVICE. YOU SPECIFICALLY AGREE THAT OGL IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT OGL IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN A OPINIONGAUGE SURVEYS SITE/SERVICE BY ANY THIRD PARTY.
IN NO EVENT SHALL OGL AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE OPINIONGAUGE SURVEYS SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE OPINIONGAUGE SURVEYS SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE OPINIONGAUGE SURVEYS SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE OPINIONGAUGE SURVEYS SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF OGL OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE OPINIONGAUGE SURVEYS SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE OPINIONGAUGE SURVEYS SITES/SERVICES.
If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Use to be unenforceable, the remainder of the Terms of Use will continue in full force and effect.
These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by OGL.
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