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WWW.perfectsurveys.com License Agreement
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCEPTING THIS AGREEMENT
AND SUBSCRIBING TO USE THIS WEBSITE. BY CHECKING THE APPLICABLE BOX ON
THE SUBSCRIPTION PAGE, YOU INDICATE YOUR ACCEPTANCE OF THIS ENTIRE AGREEMENT.
WWW.perfectsurveys.com, Inc. (the "Company" or "we") provides
the service of database warehousing, website hosting and analysis of research
and surveys. Any surveys received that carry the WWW.perfectsurveys.com logo are
hosted using our services, but were sent by the party building the survey
to their own e-mail lists.
WWW.perfectsurveys.com has a zero tolerance policy for spam, pornography, and warez
(pirated software). Any surveys found to contain, promote, or link to
such content are subject to immediate removal from our service.
I. The Company grants to you a license to use the survey-related materials
and services contained on the WWW.perfectsurveys.com website (the "Website"),
as they may be modified from time to time, pursuant to the terms and conditions
of this Agreement and provided that you pay the applicable subscription
fees to the Company.
II. The Company cannot 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. The Company does not review surveys or pages
for content before they are posted, and does not verify, endorse or otherwise
take responsibility for the contents of any user-created surveys or pages.
However, we reserve the right to remove any surveys or page from our servers
in our sole discretion, including any that we determine are in violation
of our rules and guidelines or is otherwise objectionable. Users are solely
responsible for all developed materials, and may be held legally liable
for the contents of their surveys or pages.
III. Either you or the Company may terminate this Agreement at any time,
for any reason, upon written notice to the other party. Without limiting
that right, the Company may terminate user accounts at any time without
notice for conduct that violates its guidelines as described below, and
may immediately delete and remove from its servers any and all user surveys,
web pages, and information connected with such accounts. Webmasters and
companies violating these guidelines are also subject to banishment from
our survey site network. The following is a non-exclusive list of content
and behaviors that are UNACCEPTABLE to the Company. You specifically agree
not to use or engage in any of the following using the Company's services
and materials:
1. Content that contains or contains links to: nudity, pornography, adult
content, sex, profanity, abusive or foul language.
2. Content that condones, promotes, contains, or links to warez, cracks,
hacks, their associated utilities, or other piracy related information,
whether for educational purposes or not.
3. Content or 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.
4. Content that infringes any copyrights, trademarks, patents, trade secrets
or other intellectual property.
5. Content that is racist or otherwise extremely offensive to others,
including content that aggravates, harasses, threatens, defames, or abuses
others.
6. Storage of survey files or non-html content, or any use that circumvents
the display of advertising.
7. Having password-only, hidden, or restricted access pages other than
those provided through the features of the survey administrator (all survey
pages must be accessible to the Internet community at large). If you are
interested in private or Password Protected Surveys, please examine our
administration and upgrade options.
8. Sites that exploit images of children under 18 years of age.
9. Binary files, downloads, etc. that are not linked to an html page on
the users site, such that an advertising banner is displayed. Links back
to a user's survey from other sites must also link first to a survey on
this Website.
Persons who violate these guidelines or otherwise misuse this Website
or the Company's services or software are subject to legal liability and
prosecution.
IV. THE COMPANY MAKES NO IMPLIED OR EXPRESS WARRANTIES, INCLUDING ANY
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH
RESPECT TO ITS SERVICES OR THIS WEBSITE, including without limitation
its space for hosting surveys, content, information, or products provided
in conjunction with this Site. The Company and its employees and affiliates
are not responsible for any deletion, alteration, or loss of data, survey,
or results due to network or system outages, file corruption, accidental
deletion, incompatabilities or any other reason. The Company makes no
guarantees as to server reliability, speed, or consistency, and cannot
be held liable for such.
1. Users are responsible for regularly monitoring and creating backups
of their own files, and agree to use the Company's resources and infrastructure
at their own risk.
2. The Company and its affiliates make no guarantee of the accuracy, correctness,
or completeness of any information on these web pages, surveys, databases,
or 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 our servers; or
losses or damages arising from the use of the content or services provided
by the Company.
3. The Company and its parent company reserve the right to include traffic
generated by all web sites it hosts in its overall accounting of page
views, unique users, and other usage measures. This includes providing
web traffic measurement companies with all URLs hosted by the Company
for use in their projection of the Company's and its parent company's
overall traffic.
4. The Company may also link to or include on its web site resources and
information provided by 3rd party partners and providers. We do not guarantee
the reliability of this information, nor does the inclusion of this information
imply our recommendation of these services; it is merely provided to assist
you in the creation of your web site and provide added value to our service.
5. You agree to indemnify and hold harmless the Company and its affiliates
against any and all claims and expenses, including attorneys' fees, arising
from the your use or misuse of the Company's services and this Website.
This expressly includes your 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 libelous or unlawful
material contained within your survey or web site.
6. THE COMPANY DISCLAIMS ANY LIABILITY FOR DAMAGES CAUSED BY ITS SERVICES
OR THE CONTENTS OF THIS WEBSITE, 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 WEBSITE 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 WEBSITE OR THE COMPANY'S SERVICES
OR PRODUCTS, REGARDLESS OF WHETHER THE COMPANY HAS NOTICE OF THE POTENTIAL
FOR SUCH LOSS OR DAMAGE.
V. We are advertiser supported. As a result we ask that users be supportive
of our advertisers and their advertising which helps fund this service.
We require all advertising to be suited to general audiences, and make
every effort to provide advertising relevant to the content of user web
pages.
1. Some service plans are required to display a banner advertisement.
An advertising banner will be displayed by default on every page served
by our servers. Any attempt to undermine or avoid the display of the banner
is considered a violation of this agreement and the survey or site will
be subject to immediate removal.
2. The Company has made provisions for those users who do not desire advertising
on their site to have an advertising-free survey for a fee. In such cases,
all other aspects of this acceptable use policy still apply.
3. Users may not display other forms of paid or exchange advertising on
their survey, other than through those programs and incentives offered
by the Company or expressly authorized by it.
VI. Other terms and guidelines:
1. You are responsible for building and updating your own web page or
survey, and regularly backing up any related data.
2. User accounts may be deleted after 60 days if there is no activity
on the account, in order to free up unutilized resources.
3. Business surveys are welcome and encouraged on this Website.
4. This Website MAY be used as an entry to another site ONLY if an advertising
banner is displayed for more than 5 seconds on the page.
5. In situations where our services are provided without a fee, we reserve
the right to use your survey, data and results for research, education,
marketing and advertising, and other purposes.
6. This Agreement may be assigned by you only with the Company's prior
written consent.
7. The Company controls this Website from its offices in the United States
of America. The Company makes no representations that its materials or
content are appropriate or available for use in other locations. Those
who choose to access the Website from other locations do so on their own
initiative and are responsible for complying with applicable local laws.
You may not use or export the Company's materials in violation of U.S.
export laws and regulations.
8. If any term of this Agreement is found void or unenforceable, all other
terms shall remain in full force and effect.
9. The Company reserves the right to amend or change its user policies
and guidelines at any time without notice; please review this document
periodically to be certain you are aware of the Company's current policies
and guidelines. The Company reserves all rights not expressly granted
in this Agreement. This Agreement shall be governed by the laws of the
state of Utah (excluding conflicts of laws provisions).
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