Oct 14, 2016

Hello, thank you for reading our Terms and Conditions of Use. This is important because it can affect your legal rights, so please read the Terms and Conditions of Use and our privacy policy carefully. We hope that you are sitting comfortably with a warm cup of latte. Now, let’s get started…

1. Introduction

Thank you for choosing SurveyCake (SurveyCake; we; our). By registering with us or using SurveyCake services, website, and software application through other methods, (comprehensively called SurveyCake services or “this service”), or accessing any SurveyCake provided content or information (content) through this service, you are also agreeing to the binding contract with 25sprout, LLC. noted at the end of this document.

Your agreement with us includes items in the Terms and Conditions of Use (terms) and our privacy policy. If you wish to inspect the terms of this agreement, please find the valid edition of the agreement on the SurveyCake website. Once you have read and understand this agreement, you can accept the agreement and its constraints. If you do not agree (or cannot follow) with this agreement, then you cannot use SurveyCake services or purchase any of the contents.

Please read this agreement carefully. This agreement contains important information regarding the services that SurveyCake provide to you, as well as any processing fees, tax, and other costs that we may charge you.

You can return to the previous screen to revise any information that you provided during the registration process.

2. Agreement change

Occasionally we may change the agreement as deemed appropriate. After we change the agreement, we may provide you with important notices according to the content of the change. Notification methods include showing important notice in this service or sending an email to you. Under certain circumstance, we will notify you ahead of time. If you continue to use this service after the agreement has been changed, then it is perceived as you have accepted the changes. Thus, please carefully read any such notification. If you do not wish to follow the new agreement for the use of this service, you can contact us through e-mail (support@surveycake.com) and terminate the agreement.

3. The rights that we confer to you

SurveyCake services and content are the property of SurveyCake and its authorizer. We confer to you limited, non-exclusive, revocable permit for you to enjoy SurveyCake services. We also confer to you limited, non-exclusive, revocable permit for you to conduct individual, commercial, and legal use (permit). This permit is valid until you or SurveyCake terminate services. The user must promise to only use the content for personal, commercial, and legal use.

All SurveyCake trademark, service mark, business name, logo, domain name, and other SurveyCake brand characteristics (SurveyCake brand characteristics) are the sole property of SurveyCake and its authorizer. This agreement does not confer to you any rights to use SurveyCake brand characteristics, regardless whether the use is commercial or non-commercial.

SurveyCake has not conferred to you any rights and ownership to SurveyCake services, or rights to receive benefits from SurveyCake services.

The third-party software included in the SurveyCake services (e.g., open source code software base) has been conferred to you based on the agreement or related third-party software base permit terms (published on our desktop PC, mobile phone customer end/or our website description or setting section).

4. Third-party application

SurveyCake service integrates third-party applications, websites, and services (third-party application) to provide you with content, product, and/or services. These third-party applications themselves may have their own terms and conditions of use and privacy policy. Your use of this third-party software is constrained by these terms and conditions and privacy policy. You understand and agree to these terms. SurveyCake does not endorse any behavior, function, or content of third-party applications, nor do we bear any responsibility for transactions conducted by the providers of these third-party applications.

5. User-generated content

SurveyCake users can establish survey to this service (this can include text, pictures, film, messages, and information; hereafter referred to as user content). To avoid doubt, user content includes content published on SurveyCake support groups and other parts of the SurveyCake service.

You promise that all user content you publish on SurveyCake include the following: (1) you have the right to publish this user content; and (2) the publishing or use of this user content by SurveyCake according to this agreement does not violate this agreement, relevant laws, or the intellectual property (including but not limited to copyright), open, character, or other rights of other individuals, or imply any affiliation with or endorsement of you or your user content by SurveyCake or any artist, band, label, entity or individual without express written consent from such individual or entity.

SurveyCake may, but has no obligation to, monitor, review, or edit user content. In all cases, SurveyCake reserves the right to remove or disable access to any user content for any or no reason, including but not limited to, user content that, in SurveyCake’s sole discretion, violates the agreements. SurveyCake may take these actions without prior notification to you or any third-party. Removal or disabling of access to user content shall be at our sole discretion, and we do not promise to remove or disable access to any specific user content.

You are solely responsible for all user content that you post. SurveyCake is not responsible for user content nor does it endorse any opinion contained in any user content. You agree that if anyone brings a claim against SurveyCake related to user content that you post, then, to the extent permissible under local law, you will indemnify and hold SurveyCake harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of such claim.

6. The rights you grant us

According to this agreement, you grant us the rights to (1) use your device processor, broadband, and storage hardware device on SurveyCake services to render user-friendly services; (2) provide you with ads and other information; and (3) grant our business partners the same privileges. Regarding SurveyCake services, the content you examine (including selection and location) may be subjected to the influence of business considerations (including third-party agreement). A portion of the content authorized to SurveyCake or provided to SurveyCake for use may include advertising. In such cases, SurveyCake will make such content available to you unmodified.

If you provide feedback, opinions or suggestions to SurveyCake in connection with the SurveyCake service or content (“feedback”), you acknowledge that the feedback is not confidential, and you authorize SurveyCake to use that feedback without restriction and without payment to you. Feedback is considered a type of user content.

You grant SurveyCake a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, irrevocable, fully paid, worldwide license to use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, create derivative works from, and distribute any of your user content in connection with the service through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, of the user content. Where applicable and permitted under applicable law, you also agree to waive any “moral rights” (or the equivalent under applicable law) such as your right to be identified as the author of any user content, including feedback, and your right to object to derogatory treatment of such user content.

7. User guidelines

SurveyCake respects intellectual property rights and expects you to do the same. We’ve established a few ground rules for you to follow when using this service, to make sure SurveyCake stays enjoyable for everyone. Please follow these rules and encourage other users to do the same.

The following is not permitted for any reason:

  • Using the SurveyCake service to import or copy any local files you do not have the legal right to import or copy in this way;
  • Reverse-engineering, decompiling, disassembling, modifying, or creating derivative works based on the SurveyCake service, content or any part thereof unless permitted by applicable law;
  • Circumventing any technology used by SurveyCake, its licensors, or any third-party to protect the content or the service;
  • Selling, renting, sublicensing or leasing of any part of the SurveyCake service or the content;
  • Circumventing any territorial restrictions applied by SurveyCake or it licensors;
  • Removing or altering any copyright, trademark, or other intellectual property notices contained on or provided through the SurveyCake service (including for the purpose of disguising or changing any indications of the ownership or source of any content);
  • Providing your password to any other person or using any other person’s username and password;

Please respect SurveyCake, the owners of the content, and other users of the SurveyCake Service. Don’t engage in any activity, post any user content, or register and/or use a username, which is or includes material that:

  • is offensive, abusive, defamatory, pornographic, threatening, or obscene;
  • is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to violations of intellectual property rights, privacy rights, or proprietary rights of SurveyCake or a third-party;
  • includes your password or purposely includes any other user’s password or purposely includes personal data of third parties or is intended to solicit such personal data;
  • includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the service;
  • is intended to or does harass or bully other users;
  • impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
  • uses automated means to artificially promote content;
  • involves the transmission of unsolicited mass mailings or other forms of spam (“spam”), junk mail, chain letters, or similar, including through the SurveyCake inbox;
  • involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or direct marketing, that are not expressly authorized by SurveyCake;
  • interferes with or in any way disrupts the SurveyCake Service, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the service or SurveyCake’s computer systems, network, usage rules, or any of SurveyCake’s security components, authentication measures or any other protection measures applicable to the service, the content or any part thereof; or
  • conflicts with the agreements, as determined by SurveyCake.

You acknowledge and agree that posting any such user content may result in immediate termination or suspension of your SurveyCake account. You also agree that SurveyCake may also reclaim your username for any reason.

Please be thoughtful about how you use the SurveyCake service and what you share. The SurveyCake service includes social and interactive features, including the ability to post user content, share content, and make certain information about you public. Remember that shared or publicly available information may be used and re-shared by other users on SurveyCake or across the web, so please use SurveyCake carefully and be mindful of your account settings. SurveyCake is not responsible for any losses, damages, or compensations incurred as a result of your choices to post material on the service.

Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on the service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your password as soon as possible.

8. Infringement and reporting user content

SurveyCake respects the rights of intellectual property owners. If you believe that any content infringes your intellectual property rights or other rights, please contact us via email (support@surveycake.com. If SurveyCake is notified by a copyright holder that any content infringes a copyright, SurveyCake may in its absolute discretion take actions without prior notification to the provider of that content. If the provider believes that the content is not infringing, the provider may submit a counter-notification to SurveyCake with a request to restore the removed content.

9. Service limitations and modifications

SurveyCake shall endeavor to maintain the operation of SurveyCake services. However, certain technical difficulties, maintenance needs, natural disasters, or other force majeure factors may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, SurveyCake reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the SurveyCake service, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the SurveyCake service or any function or feature thereof. Notwithstanding the foregoing, if you have prepaid fees for paid subscriptions that SurveyCake permanently discontinues prior to the end of the pre-paid period (such as payments, cancellations, and review period defined in Section 1), SurveyCake will refund you the prepaid fees for the pre-paid period after such discontinuation. You understand, agree, and accept that SurveyCake has no obligation to maintain, support, upgrade, or update the service, or to provide all or any specific content through the service.

10. Use of SurveyCake by companies

If you establish a SurveyCake account on behalf of a company, organization, or entity, the terms “you” and “yours” used throughout the agreement are applicable to you and the company depending on situation. If any requests, litigations, or legal actions (including loss, damage, lawsuits, judgment, litigation fee, attorney fees, or any other responsibilities and expenses) incurred on the company due to the use of this service or violation of this Term, the company shall make compensations in order to protect the following entities against any damages: SurveyCake, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors.

11. Customer support

For customer support with account-related and payment-related questions (“Customer Support Queries”), please submit a ticket to our customer service department using the Customer Service contact form on the Contact Us section of our website. We will endeavors to respond to all Customer Support Queries within a reasonable time frame; however, we make no guarantees or warranties of any kind that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to satisfactorily answer any such queries.

12. Term and termination

The agreements will continue to apply to you until terminated by either you or SurveyCake. However, you acknowledge and agree that the perpetual license granted by you in relation to user content, including feedback, is irrevocable and will therefore continue after expiry or termination of any of the agreements for any reason. SurveyCake may terminate the agreements or suspend your access to the SurveyCake Service at any time, including in the event of your actual or suspected unauthorized use of the SurveyCake service and/or content, or non-compliance with the agreements. If you or SurveyCake terminate the agreements, or if SurveyCake suspends your access to the SurveyCake Service, you agree that SurveyCake shall have no liability or responsibility to you and SurveyCake will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. To learn how to terminate your SurveyCake account, please contact us through the Customer Service contact form which is available on our Contact Us page. This section will be enforced to the extent permissible by applicable law. You may terminate the agreement at any time.

13. Warranty and Disclaimer

We endeavor to provide the best service we can, but you understand and agree that the SurveyCake service is provided “as is” and “as available”, without express or implied warranty or condition of any kind. You use the SurveyCake service at your own risk. To the fullest extent permitted by applicable law, SurveyCake and all owners of the content make no representations and disclaim any warranties or conditions of satisfactory quality, merchantability, fitness for a particular purpose, or non-infringement. Neither SurveyCake nor any owner of content, guarantees that the SurveyCake service is free of malware or other harmful components. In addition, SurveyCake makes no representation nor does it warrant, endorse, guarantee, or assume responsibility for any third-party applications (or the content thereof), user content, or any other product or service advertised or offered by a third-party on or through the SurveyCake service or any hyperlinked website, or featured in any banner or other advertising. You understand and agree that SurveyCake is not responsible or liable for any transaction between you and third-party providers of third-party applications or products or services advertised on or through the SurveyCake service. As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information, whether oral or in writing, obtained by you from SurveyCake shall create any warranty on behalf of SurveyCake in this regard. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.

This does not affect your statutory rights as a consumer.

14. Limitation

You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the SurveyCake service is to uninstall any SurveyCake software and to stop using the SurveyCake service. While SurveyCake accepts no responsibility for third-party applications or the content thereof, and while your relationship with such third-party applications may be governed by separate agreements with such third parties, to the extent permitted by applicable law, your sole and exclusive remedy, as with respect to SurveyCake, for any problems or dissatisfaction with third-party applications or the content thereof, is to uninstall and/or stop using any such third-party applications.

To the fullest extent permitted by law, in no event will SurveyCake, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for (1) any indirect, special, incidental, punitive, exemplary, or consequential damages; (2) any loss of use, data, business, or profits (whether direct or indirect), in all cases arising out of the use or inability to use the SurveyCake service, third-party applications, or third-party application content, regardless of legal theory, without regard to whether SurveyCake has been warned of the possibility of those damages, and even if a remedy fails of its essential purpose; or (3) aggregate liability for all claims relating to the SurveyCake service, third-party applications, or third-party application content more than the amounts paid by you to SurveyCake during the prior twelve months in question, to the extent permissible by applicable law.

Nothing in this agreement removes or limits SurveyCake’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.

15. Entire agreement

Other than as stated in this section or as explicitly agreed upon in writing between you and SurveyCake, this agreement constitutes all the terms and conditions agreed upon between you and SurveyCake and supersede any prior agreements in relation to the subject matter of these agreements, whether written or oral.

Please note, however, that other aspects of your use of SurveyCake service may be governed by additional agreements. This can include, for example, access to the SurveyCake service as a result of a gift card or free or discounted services. When you are presented with an offer for such aspects of your use, you will be presented with any related additional agreement, and you may have an opportunity to agree to additional terms. Some of those additional terms are listed on SurveyCake’s website. To the extent that there is any irreconcilable conflict between any additional terms and these terms, the additional terms shall prevail.

16. Severability and waiver

Unless as otherwise stated in this agreement, should any provision of the agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the agreements, and the application of those terms shall be enforced to the fullest extent permitted by law.

Any failure by SurveyCake or any third-party beneficiary to enforce this agreement or any provision thereof shall not waive SurveyCake’s or the applicable third-party beneficiary’s right to do so.

17. Assignment

SurveyCake may assign this agreement or any part of it, and SurveyCake may delegate any of its obligations under the agreements. You may not assign this agreement or any part of them, nor transfer or sub-license your rights under the agreements, to any third-party.

18. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify and hold SurveyCake harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of this agreement; (2) any user content; (3) any activity in which you engage on or through the SurveyCake services; and (4) your violation of any law or the rights of a third-party.

19. Choice of law, mandatory arbitration and venue

The interpretation and applicability of this agreement and the rights and obligations arising thereof in association with SurveyCake team due to your using SurveyCake services shall apply the laws and regulations of R.O.C. If there are any disputes or controversy, you and SurveyCake agree that the Taiwan Taipei District court shall be the court of first instance.

The interpretations and applicability of the membership terms and the rights and obligations arising thereof in association with interactive network team due to your using interactive web services shall apply the laws and regulations of R.O.C. If there are any disputes or controversy, you and SurveyCake agree that the Taiwan Taipei District court shall be the court of first instance.

20. Contact us

If you have questions about SurveyCake services or this agreement, please contact the SurveyCake team via email (support@surveycake.com). Before we receive your notification, the effectiveness of such notification is nonexistent, and the original provisions will therefore not be affected in anyway.

Thank you for reading our Terms. We hope you enjoy SurveyCake!

25sprout, LLC. 新芽網路有限公司
2017 SurveyCake。
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