Terms of Use
SurveyBrother.com ("SurveyBrother") provides
the information and services on on its world
wide website(s) (collectively, including
all content and functionality available through
the SurveyBrother.com domain name, the "Website",
"SurveyBrother.com Website" or "Services")
under the following terms and conditions.
1. Your Acceptance
A. By using and/or visiting the Website,
you ("you" or "User")
signify your agreement to (1) these terms
and conditions (the "Terms of Use"),
as amended from time to time, (2) SurveyBrother.com's
Privacy Policy (the "Privacy Policy"),
found at
here,
and incorporated here by reference.
These Terms of Use and the Privacy Policy
shall apply to all Users. If you do not agree
to any of these terms, the Privacy Policy,
please do not use the SurveyBrother Website.
B. SurveyBrother.com may, in its sole discretion, modify
or revise these Terms of Use and policies
at any time, and you agree to be bound by
such modifications or revisions.
C. You may not use the Website and may not
accept the Terms if (a) you are not of legal
age to form a binding contract with SurveyBrother.com,
or (b) you are a person barred from accessing
the Website under the laws of the United
States or other countries including the country
in which you are resident or from which you
use the Website.
2. Language of the Terms of Use
Where SurveyBrother.com may provide you with a translation
of the English language version of the Terms
of Use, then you agree that the translation
is provided for your convenience only and
that the English language versions of the
Terms of Use will govern your relationship
with SurveyBrother.com.
If there is any contradiction between what
the English language version of the Terms
of Use says and what a translation says,
then the English language version shall take
precedence.
3. Account and Password
A. In order to access some features of the
Website, you will have to create an account.
You will provide current, complete and accurate
information in the registration process of
SurveyBrother.com Website. You will have an account
and password after you complete the SurveyBrother.com
registration process. You are solely responsible
for maintaining the confidentiality of the
password and account information, and are
fully responsible for all activities that
occur under your password or account. Dategle
may add, modify or apply changes to the required
information at any time in its sole discretion.
B. You agree to use the Website only for
lawful purposes and subject to these Terms
of Use and the SurveyBrother.com Website Privacy Policy.
In addition, Users use of the Website shall
be subject to any usage policies that may
be posted on the Website by SurveyBrother.com from
time to time.
4. General Use of the WebsitePermissions
and Restrictions
A. You agree not to launch any automated
system, including without limitation, "robots,"
"spiders," or "offline readers,"
that accesses the Website in a manner that
sends more request messages to the YouTube
servers in a given period of time than a
human can reasonably produce in the same
period by using a conventional on-line web
browser.
B. You agree not to decompile, reverse engineer,
disassemble or unlawfully use or reproduce
any of the software, copyrighted or trademarked
material, trade secrets or other proprietary
information contained in the Website;
C. We reserve the right to deactivate your
account(s) or block your IP as we deem appropriate
or necessary, without notice. SurveyBrother.com has
no responsibility or liability for the deletion
or failure to store any data in your account
or other content maintained or transmitted
by the Website.
D. SurveyBrother.com reserves the right to discontinue
any aspect of the SurveyBrother.com Website at any
time.
5. Your Use of Content on the Site
A. The entire content on the SurveyBrother.com Website,
including without limitation, the text, software,
scripts, graphics, pictures, sounds, music,
videos, compilations, survey templates, surveys,
page layout, design, processes, interactive
features and the like ("Content")
and the SurveyBrother.com® trademark, service marks
and logos contained therein ("Marks"),
are owned by Datagle LLC, all protected by copyright,
trademarks, service marks, patents, trade
secrets, or other proprietary rights and
laws. SurveyBrother.com® is a registered trademark
of Datagle LLC. All other trademarks and
logos are the property of their respective
owners.
While you have an registered account with
SurveyBrother.com and your account is active, you will
have the right to access your surveys, survey
responses, survey results and related survey
data as permitted through the functionality
of the Website and under these Terms of Use.
B. You understand that when using the SurveyBrother.com
Website, you will be exposed to User Submissions
(as defined below) whether publicly posted
or privately transmitted, or derivative content
from User Submissions ("Derivative Content").
User Submissions and Derivative Content are
collectively referred to as "User Content".
You understand that the User Content are
soly the opinions and responsibility of the
person or entity submitting them and SurveyBrother.com
is not responsible for the accuracy, integrity,
usefulness, safety, or intellectual property
rights of or relating to such User Content.
Under no circumstances will SurveyBrother.com be liable
in any way for any User Content, including,
but not limited to, for any errors or omissions
in any User Submissions and Derivative Content,
or for any loss or damage of any kind incurred
as a result of the use of any User Content
posted, emailed, transmitted or otherwise
made available via the Website.
6. Your User Submissions and Conduct
A. As a User, you may submit information,
data, text, software, music, sound, photographs,
graphics, video, messages or other materials
("User Submissions"), whether publicly
posted or privately transmitted. You understand
that whether or not such User Submissions
are published and that you are solely responsible
for your own User Submissions and the consequences
of posting or publishing them or otherwise
make available via the Website. By submitting
User Submissions to SurveyBrother.com, you warrant
that you own or have the necessary licenses,
rights, consents, and permissions to use
and authorize SurveyBrother.com to use all User Submissions
in any manner SurveyBrother.com chooses. You hereby
grant to SurveyBrother.com the perpetual, irrevocable,
transferable, worldwide, royalty-free right
and license to use, reproduce, distribute,
prepare derivative works of, display, and
perform the User Submissions in connection
with the Website
B. You also hereby grant each user of the
SurveyBrother.com Website a perpetual, irrevocable,
transferable, worldwide, royalty-free right
and license to access your User Submissions
through the Website, and to use, reproduce,
distribute, prepare derivative works of,
display, and perform such User Submissions
as permitted through the functionality of
the Website and under these Terms of Use.
C. You acknowledge, warrant and agree not
to do any of the followings:
(i) upload, post or transmit on the Website
any defamatory, indecent, obscene, harassing,
violent, unlawful, harmful, threatening,
abusive, tortious, vulgar, libelous, invasive
of another's privacy, hateful, or racially,
ethnically or otherwise objectionable material,
or any material that is, or may be, protected
by copyright, without permission from the
copyright owner;
(ii) misrepresent an affiliation with any
person or organization;
(iii) upload, post or transmit on the Website
any advertisements or solicitations of business;
(iv) upload, post or transmit files that
contain a virus, corrupted data or software
that may damage anyone's computer.
(v) upload, post or transmit any User Content
that you know, or have reason to believe,
cannot be distributed legally over the Website
or that you have a contractual obligation
to keep confidential (notwithstanding its
availability on the Website);
7. LINKS TO THIRD PARTIES
The SurveyBrother.com Website may contain links to
third party websites that are not owned or
controlled by SurveyBrother.com. SurveyBrother.com has no control
over, and assumes no responsibility for,
the content, privacy policies, or practices
of any third party websites. Any links to
third party websites provided by SurveyBrother.com's
website doesn't constitute endorsement, recommendation,
or acceptance of any responsibility for the
contents or any products or services or operators
of such third parties or their sites. This
means you, not SurveyBrother.com, have full responsibility
for such content, including its legality,
reliability and appropriateness.
8. Modification to Services and Terms of
Use
You acknowledge and agree that we may, with or without notice, modify or
terminate the Services and/or the Site at any time.
Further, we may modify these Terms of Use from time to time, including the fees we charge for Services.
Your use of the Site or the Services after the modification or termination 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.
SurveyBrother.com reserves the right to delete accounts that are inactive for an extended period of time.
You agree that SurveyBrother.com shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Services or these Terms of Use.
9. DISCLAIMER OF WARRANTIES
YOU AGREE THAT YOUR USE OF THE DATAGLE WEBSITE
SHALL BE AT YOUR SOLE RISK. TO THE FULLEST
EXTENT PERMITTED BY LAW, DATAGLE AND ITS
AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS
OR IMPLIED, IN CONNECTION WITH THE WEBSITE
AND YOUR USE THEREOF. DATAGLE MAKES NO WARRANTIES
OR REPRESENTATIONS ABOUT THE ACCURACY OR
COMPLETENESS OF THIS SITE'S CONTENT OR THE
CONTENT OF ANY SITES LINKED TO THIS SITE
AND ASSUMES NO LIABILITY OR RESPONSIBILITY
FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES
OF CONTENT, (II) PERSONAL INJURY OR PROPERTY
DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING
FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
(III) ANY UNAUTHORIZED ACCESS TO OR USE OF
OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION
STORED THEREIN, (IV) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM OUR
WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES,
OR THE LIKE WHICH MAY BE TRANSMITTED TO OR
THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
(V) ANY ERRORS OR OMISSIONS IN ANY CONTENT
OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED
AS A RESULT OF THE USE OF ANY CONTENT POSTED,
EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE
VIA THE SURVEYBROTHER.COM WEBSITE. SURVEYBROTHER.COM DOES NOT
WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY
FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY A THIRD PARTY THROUGH THE SURVEYBROTHER.COM
WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED
IN ANY BANNER OR OTHER ADVERTISING, AND SURVEYBROTHER.COM
WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE
FOR MONITORING ANY TRANSACTION BETWEEN YOU
AND THIRD-PARTY PROVIDERS OF PRODUCTS OR
SERVICES. AS WITH THE PURCHASE OF A PRODUCT
OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT,
YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE
CAUTION WHERE APPROPRIATE.
IN NO EVENT SHALL SURVEYBROTHER.COM, ITS AFFILIATES
AND/OR ITS SUPPLIERS BE LIABLE TO YOU FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER
RESULTING FROM ANY (I) ERRORS, MISTAKES,
OR INACCURACIES OF CONTENT, (II) PERSONAL
INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO
AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED
ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR
ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION
OR CESSATION OF TRANSMISSION TO OR FROM OUR
WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES,
OR THE LIKE, WHICH MAY BE TRANSMITTED TO
OR THROUGH OUR WEBSITE BY ANY THIRD PARTY,
AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY
CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY
KIND INCURRED AS A RESULT OF YOUR USE OF
ANY CONTENT POSTED, EMAILED, TRANSMITTED,
OR OTHERWISE MADE AVAILABLE VIA THE SURVEYBROTHER.COM
WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT,
TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER
OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. THE FOREGOING LIMITATION
OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT
PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT SURVEYBROTHER.COM
SHALL NOT BE LIABLE FOR USER SUBMISSIONS
OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL
CONDUCT OF ANY THIRD PARTY AND THAT THE RISK
OF HARM OR DAMAGE FROM THE FOREGOING RESTS
ENTIRELY WITH YOU.
10. Indemnification
User shall indemnify and hold harmless SurveyBrother.com
and its shareholders or other equity owners,
officers, managers, directors, employees,
agents, affiliates, third party information
providers, licensors, contractors and others
involved in the Website or the delivery of
services or information over the Website
(the Indemnified Parties), from and against
any and all liabilities, expenses, damages
and costs, including reasonable attorneys
fees, which may be imposed on, incurred by
or asserted against any of the Indemnified
Parties by any person, arising from any violation
by User of the Terms of Use or Users use
of the Website, any content or other information
provided by User to SurveyBrother.com, or any information
obtained from the Website.
11. Privacy
Protecting the privacy of Users
of our Websites is important to SurveyBrother.com.
The SurveyBrother.com Website
Privacy Policy, incorporated
entirely into these Terms of Use, describes
how we use and protect information you provide
to us on or through our Website.
12. Jurisdiction/Governing Law
These Terms of Use shall be governed and
construed in accordance with the laws of
the State of Pennsylvania, USA, and applicable
federal laws without regard to conflicts
of law principles. User agrees that Any claim
or dispute between you and SurveyBrother.com that arises
in whole or in part from your use of the
SurveyBrother.com Website shall be decided exclusively
by a court of competent jurisdiction located
in Chester Country, Pennsylvania. 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. If any provision
of these Terms of Use is deemed invalid
by a court of competent jurisdiction, the
invalidity of such provision shall not affect
the validity of the remaining provisions
of these Terms of Use, which shall remain
in full force and effect. Any claim or demand
under these Terms of Use must be made within
1 year of the occurrence of the underlying
facts.