3. Utilization of Software. The Company might make certain software accessible on the Site. When you install software through the Site the software comprising all files and images included in or created by the software and any associated information (collectively, “Software”) are considered to be granted for you to use by Company and is intended for your private, non-commercial, usage at home only. Company does not transfer the intellectual or title rights in the Software and Company retains the full and exclusive ownership of the Software and the intellectual property rights contained therein. You are not permitted to sell, distribute, or duplicate the Software and you are not permitted to decompile, reverse-engineer, destruct or in any other way modify the Software into a form that is human-readable. The trademarks and logos of all brands are the property of Company or the licensors of Company, and you cannot duplicate or utilize the trademarks in any way.
4. User Content. You provide Company the right to make use of the information you submit on Site or Service. Site or Service. When you post, download or displaying sending, or in any other way sharing information or other content (“User Content”) to the Site or Service, you grant Company as well as its officers, affiliates directors, employees, agents, consultants and representatives a license to make use of User Content in connection with the running and operation of this Internet operations of Company and its officers, affiliates, directors and agents, employees, consultants and representatives, which includes, without limitation, the right to reproduce and distribute, transmit publically display, publicly perform reproduction, edit the translation, reformat, and modify User Content. You are not paid by any of the User Content. You acknowledge that Company can publish or reveal your name in connection with the User Content. When you post User Content via or through the Site or Service You warrant and affirm that you have ownership rights over your User Content and are legally authorized to publish or distribute, display and perform, transmit or in any other way disseminate User Content.
5. Compliance with INTELLECTUAL PROPERTY Laws. When you access this Site as well as using the Service you agree to comply with the law and respect the rights of other users to their intellectual property. The use you make for this Service as well as the Website are always dependent on and governed by laws concerning the ownership of copyrights and the usage for intellectual property. You are not permitted to upload the Site, download or display or perform, transmit or transmit any information or content (collectively, “Content”) that violates any copyrights of third parties trademarks, copyrights, or other proprietary or intellectual property rights. You agree to comply with laws regarding the ownership of copyrights and the use of intellectual property. Additionally, you are solely responsible for all violations of applicable laws as well as for any infringements of third-party rights resulting from the Content you upload and transmit or is transmitted or provided using the User ID you have created. The burden of proving any Content is not in violation of any law or third party rights lies entirely with you.
6. Unappropriate Content. You are not permitted to offer the following types or kinds of Content available. You must not upload or view, download, or transmit or distribute any content or other material that (a) is infringes on the rights of others, is defamatory, o or pornographic, abusive or threatens to harm others; (b) advocates or promotes behavior that could constitute an offence punishable by law, gives an opportunity for civil liability or violates any other local or national, state laws or regulation, or (c) promotes or solicits money or constitutes a solicitation to purchase products or services. The Company reserves the right to end your access, transmission or any other dissemination of any such content through the Service and, if necessary the need arises, to remove all such materials off its server. The Company will cooperate with authorities or law enforcement officials to investigate any violations in these terms of Service or any other applicable laws.
7. Copyright Infringement. The Company has implemented certain legal requirements for addressing allegations of copyright infringements that are occurring on the site or through the Service. Visit the DMCA Policy link at the end of our website pages to read the Digital Millennium Copyright Act takedown policies and to submit claims of violation. The Company’s DMCA Policy is expressly incorporated into this Agreement through this reference.
8. ALLEGED Violations. The Company reserves the right to end your use of the Service or the Site. For the purpose of ensuring that Company ensures a superior service for you and others who use this Site as well as the Service You acknowledge to allow Company as well as its representative can examine your accounts and your records on a case-by-case basis in order to examine complaints or allegations of abuse, violation of rights granted to third parties or other illegal use that are made of Site and the Service. Company will not reveal the existence or the results of an investigation, unless legally required, however, Company is entitled to close your account or connection to the site at any time, without or with notification to you, and without obligation to you, in the event that Company suspects that you have violated any of the Terms of Service or provided Company with misleading or false information or interfered with the access to the Site or Service by other users.
9. There are no guarantees. COMPANY HEREBY is disclaiming all warranties. The Site is made available by COMPANY accessible “AS is” without any representation or warranty of any kind. You assume the risk of any and all damages or loss resulting from the use of the SITE, or from inability to use the WEBSITE OR THE SERVICE. To the extent that is permitted by law, COMPANY disclaims all warranties either express or implied regarding the Site including, but not the least, any implied warranty of MERCHANTABILITY or specificity of use or NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
10. LIABILITY LIMITED. COMPANY’S RESPONSIBILITY TO YOU IS limited. to the extent that is permitted by law, in no event will COMPANY be responsible for damages of any kind (INCLUDING but not limited to, SPECIAL INCIDENTAL, CONSEQUENTIAL, DAMAGES or lost funds, lost data, irrespective of the possibility of such damages occurring) that arise OUT of or in connection with your use of the website or any OTHER Services or materials provided to you by COMPANY. This limitation applies regardless of the fact that damage arises from a negligence, breach of contract or any other legal theory or action.
11. AFFLIATED SITES. Company does not have control over, nor is it responsible for third-party websites or the content. Company is in partnership with a range of affiliates and partners who’s Internet sites can be linked to the Site. Since the Site and its partners do not have control over these sites, neither Company or the Website exercises any control over the content or the performance of such partner or affiliate websites, Company makes no guarantees about the accuracy, accuracy content, or the quality of the information offered by the sites. Likewise, Company does not assume any responsibility for unintentionally offensive incorrect or illegal content found on such websites. Additionally, from time to moment, in connection with your access to the Site you could have access to items of content (including and not limited to websites) which are owned by third parties. You acknowledge and acknowledge that Company does not make any representations or warranties about or assumes any obligation for the accuracy, currency of, currency, content or the quality of third-party content and, unless specified otherwise These Terms of Service will govern the use of any third-party content.
12. Prohibited Uses. The Company places certain restrictions regarding your use on this Site as well as the Service. You are not permitted to violate or trying to violate the security features on or on the Site or Service for example the following: (a) accessing information or content that is that are not intended for your use or logging onto accounts or servers which you are not authorized to use; (b) attempting to examine, scan or test the vulnerability of the Service or the Site or any other network or system or breach security or authentication procedures without authorization from the appropriate authority; (c) interfering or trying to disrupt service to users, hosts or network, for example the use of sending viruses or other malware to either or through the Site or Service or overloaded, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) making use of or attempting to use the Site or Service in order to transmit unwelcome e-mails, which includes promotions or ads to sell products or services. (e) creating a fake header of a TCP/IP packet or any element of header information contained in any email or other posting made using the Service (f) attempting to modify, reverse-engineer, decompile, or otherwise (f) trying to modify, reverse engineer or disassemble or any other method of reducing or attempting to reduce to a human-readable form any source code utilized by Company to provide Services or Site. Site or Service. Any breach of security measures for your network or system can result in civil or criminal penalties.
13. INDEMNITY. You agree to defend and hold harmless Company for certain actions and mistakes. You are agreeing to defend, indemnify and indemnify Company as well as its officers, affiliates and directors, employees agents, consultants and their representatives from all third-party demands, claims, or costs (including costs for reasonable attorneys and expenses) due to your use or access this Site or in breach or infringement of these terms of Usage or your violation, or infringement by a third party member of the account or infringement by any other user of your account, right or other rights of any person or company. The Company will promptly notify you about any claim, loss or liability or claim, or demanded, and give you the assistance you need at your cost in the defense of any such claim loss and/or damage or expense.
14. Copyright. The entire content of the Site or Service are: Copyright (c) 2012 Customer Satisfaction Survey Headquarters 9450 Mira Mesa Boulevard. STE C224, San Diego, CA 92126. The rights of the owner are reserved.
17. There is no license. The information on the Site is intended to be interpreted as giving you permission to make use of any services marks, trademarks or logos that are owned by Company or any third-party.
18. CALIFORNIA For use only. The Site is managed and managed by Company with its headquarters situated in California. State of California. Company does not warrant that the content or services to which you’ve been provided access to are available or suitable for use in any other location. Your access or use to the Site shouldn’t be taken as a deliberate attempt by Company to avail its benefits or privileges of conducting business in any jurisdiction or state that is not California.
20. Recognizing. When you use the Service or using the site, YOU acknowledge that you have read the following Terms of Service and accept to be bound by THEM.