Terms of Service for General Users!
This Agreement is a legal agreement between the User and mySurvey.tw Corporation for the mySurvey.tw Software Application Services you subscribe to. These Software Application Services include computer software, data storage mechanisms, databases and related designs, printed materials, and online or electronic documentation (Software Application Services, Application Services, or Software). By using the Software Application Services, you agree to be bound by the terms of this Customer Agreement. If you do not agree to the terms of this Customer Agreement, you are not authorized to use the Software Application Services.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not mySurvey.tw, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. mySurvey.tw does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will mySurvey.tw be liable in any way for any Content, including, but not limited to, for 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 Service.
You agree to not use the Service to:
upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
harm minors in any way;
impersonate any person or entity, including, but not limited to, a mySurvey.tw official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
mySurvey.tw reserves the right to refuse any or all service to any User for any reason, at any time, at mySurvey.tw's sole discretion. User agrees that mySurvey.tw may block its IP address or addresses at any time, and at mySurvey.tw's sole discretion, thereby disallowing User's continued use of mySurvey.tw's web site.
LINKS TO THIRD PARTIES
mySurvey makes no claims or representations about any Web Site not under mySurvey's control that a User may access from mySurvey's web site-- by link, frame, or any other means ("Linked Site"). Any link, frame, or any other means to access any Linked Site provided by mySurvey or otherwise on mySurvey's web site does not constitute mySurvey's endorsement, recommendation, or acceptance of any responsibility for the content of that Linked Site or the operators of that Linked Site.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to provide timely, true, accurate, and complete information about yourself (such information being the "Registration Data") and update the Registration Data to keep it timely, true, accurate, and complete. mySurvey has the right to terminate your account and refuse all current or future use of the Service (or any portion thereof) if there is any deviation from previous terms. mySurvey is concerned about the safety and privacy of all its users, particularly children. For this reason, parents of children under the age of 11 who wish to allow their children access to the Service must create a mySurvey under your name, you certify that you are at least 18 years old and that you are the legal guardian of the child/children whoever will use the account in your name. Please remember that the Service is designed to appeal to a broad cross-section of Internet community. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and are appropriate for your child.
MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify mySurvey.tw of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. mySurvey.tw cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
MODIFICATIONS TO SERVICE
mySurvey reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that mySurvey shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that mySurvey has no responsibility or liability for the deletion or failure to store any survey data or other Content maintained or transmitted by the Service. You acknowledge that mySurvey reserves the right to delete accounts that are inactive for an extended period of time. You further acknowledge that mySurvey reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that mySurvey shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. mySurvey.com EXPRESSLY DISCLAIMS ALL WARRANTIES 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.
b. mySurvey.com MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE 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 ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM mySurvey.com OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT mySurvey.com SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF mySurvey.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
THE USE OR THE INABILITY TO USE THE SERVICE;
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
ANY OTHER MATTER RELATING TO THE SERVICE.
mySurvey MAIL SERVICE
Registered members of mySurvey may send iniviation, notification through mySurvey. You agree that mySurvey has no responsibility for the failure of sent mail or the Content of the mail.
COPYRIGHT AND TRADE MARK POLICIES
The content of this website, including but not limited to all text, graphics, drawings, diagrams, photographs and compilation of data or other materials are protected by copyright. mySurvey.tw is the owner of all copyright works contained in this website. Any reproduction, adaptation, distribution, dissemination translation or making available of such copyright works to the public is strictly prohibited unless prior written authorization is obtained from the webmaster.
You hereby acknowledge and agree that service-related announcements are acknowledged through email, text message, latest news or static content in mySurvey.
The Software Application Services are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software Application Services are licensed, not sold.
All title and copyrights in and to the Software are owned by mySurvey.tw or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the Software Application Services is the property of the respective content owner and also may be protected by applicable copyright or other intellectual property laws and treaties.
SUGGESTION TOWARDS mySurvey
If you made a suggestion/request towards mySurvey through email or post, you agree that:
your suggestion is not under nondisclosure agreements.
mySurvey has the right to accept or ignore the suggestion made.
It becomes intellectual property of mySurvey.
You have no right to claim anything under any circumstances.
You agree to indemnity mySurvey.tw reasonable legal fees regarding any legal proceedings made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another. You also agree to hold mySurvey.tw, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand
mySurvey'S PROPRIETARY RIGHTS
You understand and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by mySurvey.tw or advertisers, you agree not to lease, loan, sell, modify, rent, distribute or create derivative works based on the Service or the Software, in whole or in part.
mySurvey.tw grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by mySurvey.tw for use in accessing the Service.
NO COMMERCIAL USE AND NO RESALE OF SERVICE
You agree not to use the site for any commercial purpose or commercial operation except for evaluation purpose and within reasonable amount of time. However, we offer very competitive price for commercial users, please contact service@mySurvey.tw for more information.
You also agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
You agree that mySurvey.com, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if mySurvey.com believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that mySurvey.com may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that mySurvey.com shall not be liable to you or any third-party for any termination of your access to the Service.
MODIFICATION TO SERVICES PROVIDED
The Terms of Service constitute the entire agreement between you and mySurvey.tw and govern your use of the Service, superceding any prior agreements between you and mySurvey.tw . You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The Terms of Service and the relationship between you and mySurvey.tw shall be governed by the laws of the Taiwan. You and mySurvey.tw agree to submit to the personal and exclusive jurisdiction of the courts located within Taiwan. The failure of mySurvey.tw to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.
VIOLATIONS, QUESTIONS AND SUGGESTIONS
Please report any violations of the Terms of Service to our webmaster.