Terms of use
UserOverview ("we" or " UserOverview ") is owned and operated by UserOverview.com, Mumbai, India.
We provide and maintain an Internet Web site (the "Site")
for the benefit of users of our services ("you" or "User"). On our Site we
provide hosted tools and processes to allow you to create individualized
surveys, obtain survey results, and use -related services ("Services").
The Services and use of the Site are provided to you subject to the terms and
conditions set forth in these Terms of Use ("Terms of Use" or "Agreement") and
our Privacy Policy, and any other rules and policies set forth on this Site.
The terms and conditions below and any other rules or policies set forth on
this Site comprise the entire agreement between you and UserOverview and
supersede all prior agreements between us.
1. ACKNOWLEDGMENT AND ACCEPTANCE.
PLEASE READ THE FOLLOWING TERMS OF THIS AGREEMENT CAREFULLY. BY
COMPLETING THE REGISTRATION PROCESS, YOU ACCEPT AND AGREE TO ALL OF THE TERMS
AND CONDITIONS SET FORTH IN THIS AGREEMENT AND IN OUR PRIVACY POLICY. YOU
HEREBY ACKNOWLEDGE THAT YOU ARE 18 YEARS OF AGE OR OLDER.
2. USER RESPONSIBILITIES.
These Terms of Use give you important obligations. You agree to
the following responsibilities:
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Lawful use of the Services only. Please see Section 8 below.
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Creation and maintenance of all content in the account including but not
limited to survey content, current billing and
contact information.
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Payment of all agreed subscription fees.
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Full responsibility for all activity associated with your use of our Site and
Services.
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Compliance with all other obligations set forth in these Terms of Use.
We reserve the right to deactivate your account(s) as we deem appropriate or
necessary, without notice. You enter and use the Site and the Services at your
own risk. UserOverview is not responsible for your activities, surveys,
content, results or questions from respondents, other data, or any other matter
concerning your use of the Site or the Services. We recommend that you keep
track of your survey results and other data in your own personal records, as we
reserve the right to discontinue your account(s) or terminate the Services at
any time. We are not responsible for the deletion of any data that is in or has
been added to your account(s). If a User account remains inactive for a period
of 18 months, we will deactivate the account.
3. MODIFICATION TO SERVICES PROVIDED; TERMS OF USE.
You acknowledge and agree that we may, with or without notice,
modify or terminate the Services and/or the Site. Further, we may modify these
Terms of Use from time to time, including the fees we charge for Services.
Modifications of the Service may include, without limitation, changes in the
maximum allowable memory space, number of survey respondents, number of surveys,
and number of survey questions that may be created, saved, sent or used through the Site.
We will notify you of changes we make by posting a notice on our Site, or, if
we choose, by sending you an email. If you do not accept the changes, you must
terminate your subscription or other use at that time. Your use of the Site or
the Services after the notice is posted (or we send you the email) shall be
deemed to be acceptance of the modification or termination of the Services or
these Terms of Use.
4. PAYMENT TERMS; AUTOMATIC RENEWAL; CANCELLATION.
You agree to pay all charges to your account, including any
applicable taxes, at the rates in effect when the charges are incurred. We may
change the fees and charges then in effect, or add new fees or charges, by
giving Users advance notice.
5. REGISTRATION PASSWORD.
You will provide current, complete, accurate information in the
registration section of the Site. You will further update and keep that
information current as needed. You will provide a password in order to access
the Services and your account. Email login must be a valid email address
maintained by you. You are solely responsible for maintaining the
confidentiality of your password and account information. You will immediately
notify us of any unauthorized account activity, or any unauthorized use of your
account or any other breach of security you become aware of.
UserOverview is a single user service. Multiple logins and passwords to
the same account are not available or permitted. You may not share logins and
passwords with others. Sharing login information is in violation of this
Agreement and may result in immediate account termination.
6. PRIVACY.
We are committed to protecting the privacy and confidential
information of Users. You agree to maintain and comply with a privacy policy
that is consistent with the UserOverview privacy policy You are
responsible for all decisions with respect to the personally identifiable
information of persons that respond to your surveys or to whom you send
surveys. You represent and warrant that your surveys will not target children
under 13 and that you will not knowingly collect personally identifiable
information from children under 13.
8. OTHER PROHIBITED USES.
You acknowledge, warrant and agree that:
You will not transmit through the Service or the Site any pornographic,
obscene, offensive, threatening, harassing, libelous, hate-oriented, harmful,
defamatory, racist, illegal or otherwise objectionable material or content.
You will not send any transmission that attempts to hide your identity or
represents you as someone else.Any attempt by you to transmit, publish or
distribute material or content that promotes, provides or relates to
instructional information about illegal activities or promotes physical harm or
injury against any individual or group is strictly prohibited.You will not
use the Service or the Site to send any materials, including surveys and
requests to take surveys, to any persons under 18 years of age unless and until
you have taken and follow all necessary action and compliance pursuant to state
laws.You will not upload or distribute in any way any files that
contain viruses, corrupted files or any similar software or programs that may
damage the operation of anyone else's computer, the Service or the Site.You
will not interfere or disrupt networks connected to the Service and the Site.
Any attempt by you to gain unauthorized access to any computer system,
including accounts, lockers or databases maintained by and for
UserOverview, is strictly prohibited.You will comply with all laws,
rules and regulations regarding transmission of technical data exported from
the United States. If you engage in any activity set forth in this paragraph or
violate any terms or conditions of these Terms of Use, your account will be
terminated and use of the Service and Site prohibited. We will report any
unlawful conduct to the appropriate authorities and turn over any and all
information regarding such activity to appropriate persons or entities.
9. DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE AND
THE SITE IS AT YOUR SOLE RISK. THE SERVICE AND THE SITE ARE PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS.
TO THE FULLEST EXTENT ALLOWED BY LAW, UserOverview EXPRESSLY DISCLAIMS ALL
WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. THE CONTENTS OF THE SERVICES OR THE SITE MAY
CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. UserOverview ASSUMES
NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN CONTENT.
UserOverview IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY SURVEY OR
INVITATIONS TO TAKE SURVEYS OR INVITATIONS TO VIEW SURVEY RESULTS CREATED ON OR
THROUGH THE SERVICE NOR IS IT RESPONSIBLE FOR THE RESPONSES SUBMITTED TO ANY
SURVEY REQUESTS OR FOR THE RESULTS GENERATED BY SURVEY RESPONSES.
UserOverview DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE
RELIABILITY OR ACCURACY OF THE REGISTRATION INFORMATION SUPPLIED TO
UserOverview NOR THE RESPONSES OR INFORMATION SUPPLIED BY SURVEY
RESPONDENTS TO USERS IN RESPONSE TO SURVEYS. UserOverview DOES NOT WARRANT
OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE CONSEQUENCES OF THE USE OF
ANY SURVEY, SURVEY RESPONSES OR SURVEY RESULTS NOR DOES UserOverview
WARRANT THE CORRECTNESS, USEFULNESS, RELIABILITY, ACCURACY OR OTHERWISE OF ANY
SURVEY, SURVEY RESPONSES OR SURVEY RESULTS. UserOverview IS NOT
RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS,
BUSINESS INTERRUPTION OR OTHER LOSS RESULTING FROM USE OF OR RELIANCE IN ANY
WAY ON ANY SURVEY, SURVEY RESPONSES OR SURVEY RESULTS CREATED ON OR THROUGH THE
SERVICE OR THE SITE. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY,
RELIABILITY, COMPLETENESS AND USEFULNESS OF ANY SURVEYS, SURVEY RESPONSES,
SURVEY RESULTS OR OTHER INFORMATION RECEIVED WHILE USING THE SERVICE OR SITE.
UserOverview MAKES NO WARRANTY THAT THE SERVICE OR SITE WILL MEET YOUR
REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE,
VIRUS-FREE, ERROR-FREE, ACCURATE OR RELIABLE; NOR DOES UserOverview MAKE
ANY WARRANTY AS TO ANY INFORMATION THAT MAY BE OBTAINED THROUGH THE SERVICE OR
SITE OR THAT DEFECTS IN THE SOFTWARE FOR THE SERVICE WILL BE CORRECTED OR THAT
THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE
OBTAINED THROUGH USE OF THE SERVICE OR SITE IS DONE AT YOUR OWN DISCRETION AND
RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
UserOverview MAKES NO WARRANTY REGARDNG ANY GOODS OR SERVICES PURCHASED OR
OBTAINED THROUGH THE SERVICE OR SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH
OR BASED UPON THE SERVICE OR THE SITE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE
SERVICE OR SITE OR THROUGH THE SERVICE OR SITE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY MADE HEREIN.
10. LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW,
NEITHER UserOverview NOR ANY PARENT ENTITIES, SUBSIDIARIES, AFFILIATES,
OFFICERS OR EMPLOYEES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO,
USE OF, INABILITY TO USE, OR RELIANCE ON THE SERVICE OR ANY SURVEYS, SURVEY
RESPONSES OR SURVEY RESULTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IF YOU ARE DISSATISFIED WITH THE SERVICE, THE MATERIALS AVAILABLE ON
OR THROUGH THE SERVICE OR THE SITE, OR WITH ANY OF THE TERMS OF THIS AGREEMENT,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND LEAVE
THE SITE IMMEDIATELY.
11a. PROPRIETARY RIGHTS.
UserOverview owns the content including the graphics,
names, text, software, music, videos, sound, pictures, compilations, survey
templates, surveys, page layout, design, processes, procedures, magnetic
translation, digital conversion or other material contained in the Service and
the Site to the extent such content is provided and/or designed by
UserOverview. It is all protected by copyrights, trademarks, service
marks, patents, or other proprietary rights and laws. No one may copy,
reproduce, distribute in any way, or decompile, reverse engineer or disassemble
the content. You are permitted the limited license to use the content of the
Service and the Site as authorized herein to create surveys and view survey
responses and survey results for your personal use as an end product only, and
you must at all times maintain UserOverview copyright symbol on the
product in any form or medium. While your account is active, you will have the
right to access your surveys, survey responses, survey results and related
survey data, and you assume the entire risk of disclosing such content to third
parties. Modification or use of UserOverview content in any prohibited way
is a violation of copyright and other proprietary laws. No one may copy,
reproduce, transmit, post, distribute or create derivative works from this Site
without prior express authorization.
11b. NO MISAPPROPRIATION OR MISUSE OF NAMES, MARKS, OTHER
PROPRIETARY MATERIAL.
You agree not to use, misuse or misappropriate any brand names,
trademarks, service marks, patents, images, text or other proprietary material
or content of another on or through the Service or the Site. If you use any
such proprietary material or content, by doing so, you warrant that you have
the right and authority to do so.
12. LINKS AND ADVERTISERS.
UserOverview may provide advertising space and/or links and
pointers to Internet sites maintained by third parties. UserOverview has
not reviewed all of the third -party sites nor reviewed any products or
services they may provide. UserOverview is not responsible for nor does it
endorse the contents or any products or services of such third parties or their
sites. UserOverview DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION,
PRODUCTS OR SERVICES OFFERED OR SUGGESTED BY THIRD PARTIES ON THE SITE.
UserOverview DOES NOT ENDORSE OR OTHERWISE WARRANT OR GUARANTEE THE
PRODUCTS OR SERVICES THAT ARE EITHER ADVERTISED ON THE SITE OR CONNECTED BY
LINK.
13. TERMINATION.
These Terms of Use and the Service may be terminated by
UserOverview at any time. UserOverview shall not be liable to you or
any third party in any manner for termination of the Service. In the event you
should become dissatisfied with the Terms of Use or any modifications thereof,
or with the Service or the Site, your only recourse is to discontinue use of
the Service, terminate your subscription, and give notice to us of these
actions. Upon termination, your right to use the Service and the Site cease
immediately and UserOverview shall have no obligation whatsoever to
forward or make available to you any surveys, survey responses or survey
results.
14. INDEMNIFICATION.
You agree to defend, indemnify and hold harmless
UserOverview, its parent entities, subsidiaries, affiliates, officers, and
employees, from any and all claims and demands, including attorneys' fees, due
to or arising from your use of the Service, surveys, survey responses, survey
results and any other conduct related in any way to the Service or the Site,
including but not limited to breaching any warranty or provision contained in
these Terms of Use.
15. JURISDICTION.
These Terms of Use and the relationship between you and
UserOverview shall be treated as if entered into and executed in India
and shall be governed and construed in accordance with the laws of India,
without regard to conflict of law principles. UserOverview makes no
representation that the materials and content on the Site or relating to the
Services are appropriate or available for use in other locations, and accessing
them from territories where their contents are illegal is strictly forbidden.
Those who access the Services or the Site from other locations do so on their
own initiative and at their own risk and are responsible for compliance with
local laws. Any claim or demand under these Terms of Use must be made within 1
year of the occurrence of the underlying facts.
16. NATURE OF AGREEMENT.
You agree that your completion of the registration procedure
constitutes agreement to these Terms of Use. Further, these Terms of Use are
the entire and only agreement between you and UserOverview and supersede
any prior or other understandings, representations or warranties. You agree
that each use of the Services and the Site reaffirms your acknowledgment and
agreement to these Terms of Use.
17. GENERAL PROVISIONS.
In any dispute arising from the relationship between you and
UserOverview or these Terms of Use, the prevailing party shall be entitled
to reasonable attorneys' fees and costs. The failure by UserOverview to
enforce any right or provision under these Terms of Use shall not constitute a
waiver of that provision or any other provision of these Terms of Use. If any
provision of these Terms of Use shall be determined to be invalid or
unenforceable by a court of competent jurisdiction, the other provisions shall
remain in full force and effect.
Last updated: April 2010