Terms and Conditions

The services and use of the Site provided to you are subject to the terms and conditions set forth in these Terms of Use (the “Agreement”) and in our Privacy Policy. The terms and conditions below, together with any other rules or policies published on this Site, form the entire agreement between you and CreateSurvey and supersede all prior agreements between us.

1. Acknowledgment and Acceptance

PLEASE READ THIS DOCUMENT CAREFULLY. THIS DOCUMENT GOVERNS YOUR RELATIONSHIP WITH CREATESURVEY. BY COMPLETING THE REGISTRATION PROCESS, CLICKING “REGISTER” OR BY USING THIS SITE OR ITS SERVICES, YOU AGREE TO AND ACCEPT ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT AND IN OUR PRIVACY POLICY. YOU REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER (OR AT LEAST THE AGE OF MAJORITY IN YOUR JURISDICTION).

IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS AGREEMENT, DO NOT CLICK THE “REGISTER” BUTTON AND DO NOT USE THIS SITE, ITS SERVICES OR ANY OF ITS CONTENT.

2. Registration and Password

You agree to provide current, complete and accurate information on the registration page of the Site and to keep this information up to date. You will choose a password to access the Services and your account. Your login email must be a valid email address that is controlled solely by you.

You are solely responsible for maintaining the confidentiality of your password and login information, and for all activity that occurs under your account. You agree to notify us immediately of any unauthorised access or use of your account, any unauthorised use of your email list, or any other breach of security that you become aware of.

3. Payment Terms; Automatic Renewal; Cancellation; Free Accounts

You agree to pay, and we are authorised to charge, all account fees (including any applicable taxes) at the rates in effect when the fees are incurred. We may change fees or introduce new fees by providing advance notice to users.

You must provide valid credit card information and promptly update the Account Information page in CreateSurvey with any changes to card number, validity or expiration date. We will keep your credit card information confidential. If a payment cannot be charged to the card on file, we reserve the right to suspend or terminate your account and access to the Services.

If you sign up for a trial or free account, we reserve the right to suspend or terminate such accounts at our sole discretion, with advance notice sent to you.

4. User Responsibilities

According to these Terms of Use you agree to the following responsibilities:

• Compliance with our Anti-Spam policy and the User Conduct rules in Section 7.
• No illegal or unauthorised use of the Services.
• Creation and maintenance of all content in your account, including but not limited to survey content, email/SMS content, and current billing and contact information.
• Proper management of email / mobile phone number lists and address books, including maintenance of opt-out contact information and prompt removal of opt-outs and bounces.
• Payment of all subscription fees agreed by you as a user.
• Full responsibility for all activity associated with your use of the Site and Services.
• Compliance with all other obligations set forth in these Terms of Use.

We reserve the right to deactivate your account(s) as we consider appropriate or necessary, with or without prior notice. You access and use the Site and the Services at your own risk. CreateSurvey is not responsible for your activities, surveys, content, results, respondent questions, data, or any other matter relating to your use of the Site or the Services and cannot be held liable for them.

5. User Content

5.1 General

User acknowledges and agrees that:

1. all survey questions, information, data, text, software, music, sound, photographs, images, video, survey responses, messages or other materials communicated, submitted or transmitted by User or respondents through the Site or the Services (“User Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such User Content originated;
2. User, and not CreateSurvey, is responsible for all User Content that User or respondents upload, post, email, distribute, transmit or otherwise make available using the Services, whether or not such actions are authorised by User;
3. by using the Site and the Services, User may be exposed to User Content that is unlawful, harmful, abusive, defamatory, obscene, offensive, indecent, invasive of another’s privacy, hateful, or otherwise objectionable; and
4. by communicating or transmitting any User Content using the Site or the Services, User grants to CreateSurvey an irrevocable, non-exclusive, royalty-free, worldwide licence to use such User Content for the purpose of operating the Site and providing the Services, and warrants that it has the right to grant such licence for such purposes.

5.2 Review and Removal

User further acknowledges and agrees that CreateSurvey does not control User Content originating from User, respondents or other users of the Site or the Services and does not guarantee the accuracy, integrity or quality of such User Content. CreateSurvey may, but is not obligated to, review User Content and block, modify, terminate access to, or remove any User Content that CreateSurvey, in its sole discretion, considers to be non-compliant with this Agreement.

5.3 Retention

CreateSurvey reserves the right to purge User Content from its databases at any time without notice. User is solely responsible for backing up any User Content uploaded to the Site or received via the Services. CreateSurvey shall not be liable for any deletion, purging or failure to retain any such User Content.

5.4 Breach

CreateSurvey may disable User’s account and access to the Site and/or Services and may recover from User any losses, damages, costs or expenses incurred as a result of User’s non-compliance with this Agreement.

5.5 Inactive Free Accounts

We reserve the right to delete any free account that has not been accessed for six (6) months or longer.

6. CreateSurvey Materials

Certain content and information provided on or through this Site and the Services, including documents, graphics and images that are not User Content (“CreateSurvey Materials”), are the copyrighted and/or trademarked works of CreateSurvey or its contributors and licensors. CreateSurvey grants you a limited, personal, non-exclusive and non-transferable licence to use and display the CreateSurvey Materials solely for your personal use in connection with the Site and Services.

Except as expressly permitted in this Agreement, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any CreateSurvey Materials. This limited licence terminates automatically, without prior notice, if you breach any term of this Agreement. Except for the limited rights granted hereunder, you acknowledge that you have no right, title or interest in or to any CreateSurvey Materials.

7. User Conduct

In connection with your use of the Site and the Services, and without limiting any other obligations under this Agreement or applicable law, you:

1. shall comply with (i) this Agreement, including CreateSurvey’s anti-spam policy and other published policies, (ii) all local and international laws applicable to you, including laws relating to unsolicited commercial email, defamation, privacy, obscenity, intellectual property, data protection and child protection, (iii) all securities and other regulations applicable to you, and (iv) all privacy or similar policies that apply to your use of the Services;
2. shall not upload, post, email, distribute or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, offensive, indecent, invasive of another’s privacy, hateful, or otherwise objectionable; that infringes any intellectual property rights; that you do not have the right to make available; or that constitutes junk mail, spam, chain letters, pyramid schemes or similar solicitations;
3. shall not use the Site or the Services to send surveys or materials to minors unless permitted by applicable law, or to harm minors in any way, and shall not send surveys to minors that would subject CreateSurvey to laws governing children’s privacy or related protections;
4. shall not impersonate any person or entity, including CreateSurvey or its staff, or falsely state or misrepresent your affiliation with any person or entity;
5. shall not mislead survey recipients about whether you can associate individual responses with individual email addresses, unless that feature has been disabled. Where applicable, CreateSurvey recommends including the notice: “Please be advised that your responses to this survey may not be treated as anonymous by the survey sender.”;
6. shall not interfere with or disrupt the Site or the Services or the networks connected to them, or disobey any related requirements, procedures, policies or regulations;
7. shall not engage in excessive usage of the Site or the Services that adversely affects speed, responsiveness or availability for other users, as determined by CreateSurvey in its sole discretion;
8. shall not attempt to damage, deny service to, hack, crack, reverse engineer or otherwise interfere with the Site or the Services (except where such prohibition is not permitted by applicable law);
9. shall not upload or distribute any viruses, malware or other harmful code; and
10. shall not upload survey links to message boards or newsgroups that are unrelated to the survey topic or that prohibit such posting without CreateSurvey’s prior written consent.

You acknowledge and agree that CreateSurvey may cooperate with any governmental authority in connection with an investigation of your use of the Site or Services and, in accordance with applicable law, may disclose User Content and other information relating to you and your use of the Site or Services to such authorities.

8. Privacy Policy

We protect the privacy and confidential information of users. You are responsible for all decisions regarding personally identifiable information of respondents to whom you send surveys or from whom you collect data. 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.

By using the software, you agree that the owners and creators of CreateSurvey may collect, use, licence and otherwise distribute demographic data about users in aggregated form (so that no user is personally identifiable) to assist in market evaluation and for other purposes reasonably determined by the owners and creators of CreateSurvey.

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 PERMITTED BY LAW, CREATESURVEY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE CONTENTS OF THE SERVICE OR THE SITE MAY CONTAIN BUGS, ERRORS OR OTHER LIMITATIONS. CREATESURVEY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN SUCH CONTENT.

CREATESURVEY IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY SURVEY OR INVITATION, NOR FOR THE RESPONSES SUBMITTED TO ANY SURVEY OR THE RESULTS GENERATED BY SUCH RESPONSES. CREATESURVEY DOES NOT WARRANT THE RELIABILITY OR ACCURACY OF REGISTRATION INFORMATION SUPPLIED TO CREATESURVEY OR OF RESPONSES OR INFORMATION SUPPLIED BY RESPONDENTS.

CREATESURVEY 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 IT WARRANT THEIR CORRECTNESS, USEFULNESS, RELIABILITY OR ACCURACY.

CREATESURVEY MAKES NO WARRANTY THAT THE SERVICE OR SITE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE OR ERROR-FREE. ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE OR SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CREATESURVEY OR THROUGH THE SERVICE OR SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER CREATESURVEY NOR ANY OF ITS 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 THROUGH THE SERVICE OR 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.

CREATESURVEY RESERVES THE RIGHT TO MODIFY OR REPLACE ANY PART OF THIS AGREEMENT AT ITS SOLE DISCRETION. IT IS YOUR RESPONSIBILITY TO CHECK THIS AGREEMENT PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THE SOFTWARE AFTER ANY CHANGES ARE MADE CONSTITUTES ACCEPTANCE OF THOSE CHANGES.

11. Termination

Any material violation of these Terms of Use may lead to immediate termination of your user account without notice or refund. Upon such termination, we shall have no liability or responsibility to you or any third party.

The Service and these Terms of Use may be terminated by CreateSurvey at any time. In the event you become dissatisfied with the Terms of Use or any modifications, or with the Service or the Site, your only recourse is to discontinue use of the Service, terminate your subscription and notify us. Upon termination, your right to use the Service and the Site ceases immediately and CreateSurvey has no obligation to retain, forward or make available any surveys, responses or results.

12. Intellectual Property Rights

The Site and the Services and all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of CreateSurvey.com, Copyright © 2005, its affiliates or its third-party licensees. Except as required or limited by applicable law, any reproduction, distribution, modification, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or licensor.

CreateSurvey reserves all rights in the Site and the Services that are not expressly granted. “CreateSurvey” is a trademark of CreateSurvey.com / Imposant LLC in the Russian Federation, the USA and other jurisdictions. Other trademarks, names and logos on this Site are the property of their respective owners.

Nothing in this Agreement assigns or transfers to you any rights to such intellectual property. You further acknowledge and agree that certain CreateSurvey Materials and other content made available to you through the Services may be subject to the intellectual property rights of third parties.