sunnyintroducedgluemaker.monster

TERMS

These Terms govern your access and use of Surveza services we provide through sunnyintroducedgluemaker.monster (the “Website”) (hereinafter referred to as the “Services”).

You (hereinafter referred to as the “User”, “You”, “Yours”, etc.), are a user accessing the Website and/or using the Services for the purposes of survey creation.

Please read these Terms carefully before accessing or using the Website and Services. We offer access to and use of the Website and Services conditioned upon your acceptance of all terms and conditions, operating rules, policies and procedures that we may publish through the Website and Services from time to time. By accessing and/or using any part of the Website and Services, you agree and signify your agreement to be bound by these Terms and of all documents incorporated herein. If you do not agree to all Terms then you may not access nor use the Website and Services. You are responsible and must ensure that all persons who access the Website and Services through your internet connection are aware of these Terms and that they comply with them.  If these Terms are considered an offer, acceptance is expressly limited to these Terms. For some Services additional or separate terms and policies may apply.

BY ACCESSING AND/OR USING AND/OR CONTINUING TO USE THE WEBISTE AND/OR SERVICES FOLLOWING OUR PUBLICATION OF THE REVISED VERSION OF THESE TERMS, YOU (A) CONFIRM THAT YOU HAVE READ, YOU ARE AWARE AND COMPLY WITH THE PRESENT TERMS AND AGREE TO BE BOUND BY THEM AND OUR PRIVACY POLICY PUBLISHED AT THE WEBSITE; (B) ACKNOWLEDGE AND AGREE THAT YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF USING THE WEBSITE AND SERVICES AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS; (C) HEREBY REPRESENT AND WARRANT THAT YOU ARE DULLY AUTHORIZED SIGNATORY AND HAVE FULL LEGAL CAPACITY AND AUTHORITY TO ENTER INTO THESE TERMS AND THAT YOU ARE AND WILL REMAIN IN COMPLIANCE WITH THESE TERMS AND THAT YOU SATISFY ALL CONDITIONS AND REQUIREMENTS FOR ACCESS TO AND USE OF THE WEBSITE AND SERVICES PROVIDED HEREIN AT ALL TIMES.

  1. THE SERVICES

  1. The Website and Services enables you to design and create surveys.

  1. To use the Services, you are required to register an account with us. You agree to provide us with complete and accurate information and to keep the information current and up to date so that we can contact you including about inquiries, complaints, updates (ex. to our Terms or Privacy Policy) and other reasons concerning your use of the Website and Services.

  1. You are forbidden and must not use any aliases or other means to mask yout true identity or contact information during registration or at any time thereafter. We may limit your access to our Services until we’re able to verify your account information (for example your email address).

  1. You are solely responsible and liable for all activity under your account. You’re also fully responsible for maintaining the security of your account (which includes keeping your password secure). We are not liable for any acts or omissions by you, including any damages of any kind incurred as a result of your acts or omissions. You must not share or misuse your access credentials, and you must immediately notify us of any unauthorized uses of your account or website, or of any other breach of security. If we believe that your account has been compromised, we may suspend or disable it.

  1. If you choose to implement monetization on your landing page, such decision is entirely at your discretion and is subject to the terms and conditions you may establish directly with your chosen service provider. The monetization service is operated by an independent third party, and any request for such service is transferred to them accordingly. You are solely responsible for complying with any procedures, requirements, or obligations set by that third party. We are not involved in the provision, management, or oversight of the monetization service, nor do we assume any responsibility for the nature, methods, or content of your monetization activities. By proceeding, you expressly acknowledge and accept that we hold no liability whatsoever in relation to your use of, or engagement with, any third-party monetization services.

  1. We may accept, reject or discontinue your registration at any time in our sole discretion with or without any reason or notification to you whatsoever. We additionally reserve the right to add, edit, remove or reclaim any registration and account details (including your submissions) with or without your consent if deemed appropriate at our sole discretion.

  1. Any complaint, objection, disagreement, claim etc. related to and/or in connection with your use and provision of the Services must be submitted within five (5) calendar days from its occurance. We reserve the right to reject or disregard or not to process any complaint, objection, disagreement, claim, etc. whatsoever if submitted in delay, and all the Services shall be deemed fully and unquestionably rendered and subject to payment.

  1. We reserve the right, at any time and our sole discretion and without notice or liability, discontinue, modify or alter any part or the entire Webiste and/or Services, including without limitation to refuse, limit or restrict the time, availability, access, usage of the Website and Services.

  1. If in our sole discretion you fail to compy with these Terms we may immediatey terminate the present Terms, your password and user account, access and use of the Website and Services, withhold any and all account balances, without any notice, responsibility or liability to you. You hereby agree that any suspencted, intended or actual form of fraudulent or illegal activity, or any violation of the applicable laws and regulations, or any violation of the representations, warranties and coventant herein shall be deemed a material breach of these Terms.

  1. THIRD PARTY SERVICES

  1. You understand and agree that third-party services may be enabled, provided, purchased and third-party terms and conditions may apply when you leave the Website and/or when using the Services and Content. These Terms are applicable to the Website and Services only, and not to any other website or services owned or operated by any other person or entity.

  1. You understand and accept that we do not examine, endorse, control and we have no responsibility for the availability or provison of any external website, services, links, resources of any third party, nor for any content, advertising, products, or other materials on or available from such websites, services, links, resources, etc. All matters concerning the websites, services, links, resources of third parties, including, but not limited to service terms, purchase terms, payment terms, guarantees, warranties, etc. are solely between you and the third parties.

  1. We make no representations or warranties whatsoever with regard to any websites, services, links, resources owned, operated or provided by third parties. Any use of third party websites, services, links or resources is at your own risk, and we will not be responsible or liable to you or anyone else for it. You acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly, or indirectly, for any damage or loss that is caused or alleged to have been caused to you or any other party in connection with the use of, or reliance on any content, products, advertisements, services, links or other resources available on or downloaded from any other website (regardless of whether we directly or indirectly link to such content, advertisements, products, services, links or other resources).

  1. You agree not to consider us, and we will not be construed as, a party to any relation, communication, interaction, transaction, dispute between you and a third party, whether or not we may have received some form of revenue or other remuneration in connection with such relations or transaction, and we will not be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the communication, interaction, transaction, dispute.

  1. Any concerns or inquiries with respect to any other website or services shall be communicated and directed to the operator, administrator or webmaster of such website and service.

  1. PARTIES RIGHTS AND LICENSES

  1. We grant you a non-exclusive, non-transferable, limited right to access and use the Website and Services and Content, unless otherwise specified hereon, only for the purposes of designing and creating surveys, provided that you comply fully with the provisions of these Terms.

  1. You acknowledge that the Website and Services may contain information, videos, photos, software, graphics, text, music, sounds, questions, creative suggestions, comments, messages, feedback, ideas, notes, recipes, drawings, articles and other materials (collectively, “Content”) that are protected by copyrights, database rights, trademarks, patents, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed.

  1. All copyrights, access rights and rights of use of the Website and Services and Content incorporated therein are expressly reserved.  Unless any further use is explicitly permitted in these Terms,

  1. you may only retrieve and display the Content available on them for personal purposes. This right of use is limited to the duration of availability of access and use granted by us and/or each website operator and/or service provider;

  1. you may not process, change, translate, present, publish, exhibit, duplicate, create derivative works, distribute, participate in the transfer or sale, or in any way exploit the Website, Services or Content available on them either in whole or in part. You are also forbidden from removing or altering copyright notices, logos or other markings or proprietary notices;

  1. you do not obtain any ownership interest in such content when it is downloaded to your computer, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment without our prior written consent;

  1. our commercial partners, advertisers, suppliers, licensors, sponsors contractors and other third parties may also have additional proprietary rights in the Content which they make available on the Website and Services.

  1. These Terms do not transfer any of our or third-party intellectual property to you and all rights, title and interest into such property remains solely to their respective owners. All trademarks, service marks, graphics and logos which appear on and/or are used in connection with the Website and Services are trademarks, service marks, graphics, logos of their respective owners and using the Website or Services do not grant you any right or license to reproduce or otherwise use them.

  1. We may offer features that incorporate artificial intelligence (AI), like blocks or plugins that enable you to use AI to generate content or images for your customized surveys. To the extent permitted by law, you own or have the rights to any content you input into AI features (“Input”) and any content generated by the AI features (“Output”). You are responsible for your Input, the use of any Output, and for complying with any applicable laws. AI may occasionally generate Output that is inaccurate, irrelevant, offensive, harmful, or similar to others’ content.

  1. By sending, uploading, sharing or otherwise transmitting content to us through any means, including via email or the Website or Services, you automatically, and without any other permission, notice, compensation or obligation of confidence whatsoever, grant us and our successors and assigns a worldwide, royalty-free, transferable, irrevocable, sub-licensable, and non-exclusive (including any moral rights or, depending on the law of your jurisdiction, waive any moral rights) license to use, reproduce, modify, adapt, translate, create derivative works from, perform, distribute, share, communicate to the public, publicly display, and publish all such content (in whole or in part and with or without the use of your name) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term that any trademarks, copyrights, and other intellectual and proprietary rights that may exist in them, and for any purpose, advertising, commercial or otherwise. You further warrant that: (i) you own or otherwise control all of the rights in or to all such content including, without limitation, all the rights necessary for you to provide, upload, post, input or submit such content; (ii) to the extent that you are not the exclusive holder of all rights in such content, any third-party holder of any rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above; and (iii) that each person depicted in any images, videos and/or photos contained in such content (if any) has consented to the use of such images, videos and/or photos in accordance with the above license.

  1. PROHIBITED USE

  1. Your hereby acknowledge and accept that we adopt and act in our discretion upon the following non-acceptable business rules for users, which include without limitation (a) where there are known or perceived links to terrorist organisations, military, arms and/or ammunition manufacture or sales; (b) where there is knowledge or suspicion of money laundering or terrorist financing; (c) where it is known or there are reasonable grounds for suspicion that a criminal offence has taken place; (d) where you and/or your associated parties are subject to any sanctions measures; (e) where there is knowledge or suspcicion of an activity or trade within, from or into a country where that activity is subject to embargo and/or trade control restrictions; (f) where there is involvment with any racist/pornographic/pressure group, material or extremist organizations; (g) unregulated or regulated entities that do not have the appropriate licensing; (h) political organisations.

  1. In addition to other prohibitions as set forth in these Terms, you are prohibited from accessing and/or using the Website, Services and Content: (a) for any unlawful purpose; (b) to cheat, defraud, mislead or attempt to do so, (c) to solicit others to perform or participate in any unlawful acts; (d) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (e) to engage in any activity that may or will actually infringe upon or violate our intellectual property rights or the intellectual property rights of others; (f) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (g) to submit false or misleading information; (h) to engage in any activity or to upload or transmit viruses or any other type of malicious code that will or may be used in any way to affect the functionality or operation of the Website, Services, Content and our systems or of any related website, other websites, or the Internet; (i) to collect or track the personal information of others; (j) to spam, phish, pharm, pretext, spider, crawl, or scrape; (k) for any obscene or immoral purpose; or (l) to interfere with or circumvent the security features of the Website or Services or Content or any related website or services, other websites or services or content, or the Internet; (m) to falsify information in connection with the operation, access and use of the Website or Services or Content; (n) to place the Website or Services or Content on alternative websites without written consent and approval of the service provider and/or their owner, operator; (o) to place at the Website or Services or Content on pornographic/offensive, and/or warez, and/or illegal MP3 sites/directories, and/or P2P/Bit-Torrent sites, and/or Spyware or malicious code of any sort and/or alternatively questionable areas; (p) to exceed your permitted access and use of to the Website and Services; (q) to use the Website or Services for any other purposes except as explicitly permitted under these Terms. 

  1. We reserve the right to terminate your access and/or use of the Website and/or Services upon our suspiscion of or your actual engagement in and/or causing and/or faciliating the engagement of any user in any of the prohibited uses.

  1. REPRESENTATIONS, WARRANTIES AND COVENANTS

  1. You hereby represent and warrant the following:

  1. In any case you are in breach of any representation and warranty under this clause, we reserve the right to refuse and/or suspend and/or stop and/or cancel your access and/or use of the Website, and/or Services and/or Content, at any time without explanation nor warning or notification.

  1. Representations and warranties set forth in these Terms shall survive termination and/or discontinuation of the Website, Services, Content for a period of one (1) year from the termination and/or discontinuation date.

  1. DATA PROTECTION

  1. We are fully committed to protecting your security and privacy. All personal data that we collect from you will be processed in accordance with our Privacy Policy. You are advised to review our Privacy Policy, which is incorporated into these Terms, and you confirm that when using the Website, you consent to your personal data being processed and used in accordance with our Privacy Policy. You further agree that we can place functionality and performance cookies in order for us to provide you with the features associated with your use of the Website.

  1. You hereby agree that your website(s) and/or landing page(s) comply with: (a) all applicable regulations to protect users privacy and data, and that contain a publicly available legally constructed privacy policy that complies with EU Directive 2002/58/EC as amended by Directive 2009/136/EC and that describes how you collect, use, store and disclose end users’ personal data if any is collected, including without limitation e-mail addresses, and that instructs users how to opt-out if they wish to; and (b) with all applicable regulation in regards to placing cookies, storing information and implementing opt-in systems which ensures that the prior and informed consent is obtained from end users as required.

  1. You hereby warrant that during your use of the Website, you shall comply with all applicable rules and regulations including but not limited to laws governing privacy, and data protection. You acknowledge, agree and release us from any liability whatsoever due to your failure to comply with this clause and with any Data Protection laws and regulations of the EU and worldwide.

  1. LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES

  1. We are not responsible if information made available on the Website, Services, Content is inaccurate, incomplete or non-current. The Website, Services and Content are provided as is, including for general information only, and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any and all access, use and reliance on the Website, Services, Content is at your own risk.

  1. We do not guarantee, represent or warrant that your access and use of the Website, Services, Content will be continuous, uninterrupted, timely, secure or error-free.

  1. You agree that from time to time we may remove, suspend, stop, discontinue the Website and/or Services and/or Content’s operation, access and use, partially or in full, for indefinite periods of time or cancel their operation at any time, without notice to you.

  1. We are not liable for incorrect information, errors, inaccuracies or omissions caused and/or disseminated by users and/or third parties including cooperation partners, affiliates and third-party service providers, which is connected in any way to the Website, Services, Content’s operation, access and use.  We reserve the right to correct any incorrect information, errors, inaccuracies or omissions, and to change or update information at any time without prior notice, including after your access and/or use of the Website, Services, Content.

  1. We are not liable for the misuse, misplacement and any other action taken in breach of these Terms by you and/or any other user and/or third party including cooperation partners, affiliates and third-party service providers, which is in any connected and/or related to the Website, Services, Content’s operation, access and use.

  1. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THESE TERMS AND TO THE EXTEND PERMITTED BY LAW, WE AND OUR THIRD PARTY SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES FOR NON-INFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINHGEMENT.  TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE, SERVICES, CONTENT’S OPERATION, ACCESS AND AVAILABILITY FOR USE ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, AT YOUR OPTION AND RISK AND WE DO NOT GUARANTEE ANY RESULTS, PROFIT AND SECURITY OF ANY KIND AND IF IN ANY CASE THEY OCCUR WE DO NOT WARRANT THEIR ACCURACY OR RELIABLITLY.  

  1. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR ACCESSING AND/OR USING THE WEBSITE, SERVICES AND CONTENT, AS ALSO FOR YOUR INABILITY TO DO SO.  IN NO EVENT SHALL WE OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, PARTNERS, CONTRACTORS, LICENSORS OR AGENTS, SUPPLIERS, THIRD PARTY SERVICE PROVIDERS ARE OR SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, DIRECT OR INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR EMOTIONAL DISTRESS, LOSS OF PROFITS, REVENUE, SAVINGS, DATA, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS OR ANY SIMILAR DAMAGES) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS, INCLUDING WITHOUT LIMITATION, YOUR OR ANY OTHER USER’S ACCESS, USE, RELIANCE UPON, EXPLOITATION OF THE WEBSITE, SERVICES, OR ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICKT LIABILITY, EQUITABLE THEORY, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

  1. INDEMNIFICATION

  1. You agree to indemnify, defend and hold us and our parent, subsidiaries, affiliates, partners, third party providers, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from and against any claim, demand, liability, cost and expense, including reasonable attorneys’ fees, made by any third party and/or incurred by a third party due to or arising out of your breach of any of these Terms or documents incorporated herein by reference, or your violation of any law or the rights of a third party.

  1. TERMINATION

  1. We reserve the right at any time to unilaterally terminate these Terms and stop your access and/or use of the Website and/or Services with immediate effect, for any reason whatsoever or without a reason, without any prior notice or liability to you.

  1. These Terms shall terminate immediately upon the dissolution or insolvency of either party, or the breach of any term by you. If in our sole judgment we suspect that you have failed, to comply with any term or provision of these Terms, we may immediately and without notice deny and/or suspend/ and or stop your access and/or use of the Website and/or Services or any part thereof.

  1. Your obligations and liabilities incurred prior to the termination date shall survive the termination of these Terms for all purposes.

  1. FORCE MAJEURE

  1. Circumstances beyond our control, including force majeure events, may necessitate substitutions, alterations, postponements, failures, delays, unavailability or cancellations to the operation, and ability to access and use of the Website, Services, Content.  Force Majeure events include amongst others: (a) power or server outages or issues; (b) update or maintenance periods; (c) results of a war, Acts of God, flood, drought, earthquake or other natural disaster; (d) epidemic or pandemic; (e) terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; (f) nuclear, chemical or biological contamination or sonic boom; (g) any law or any action taken by a government or public authority; (h) collapse of buildings, fire, explosion or accident; (i) any labour or trade dispute, strikes, industrial action or lockouts; (j) non-performance by suppliers or subcontractors; (k) interruption or failure of utility service and/or (l) electronic or communications failure.  

  1. We reserve the right to execute such substitutions, alterations, postponements, failures, delays, unavailability or cancellations, non-operation, and inability to access and use at any time without notice or liability whatsoever to you or any other third party, including for any cost, expenditure, damage or loss incurred as a result.

  1. ENTIRE AGREEMENT

  1. These Terms, Policies and other documents incorporated herein, constitutes the entire agreement and understanding between us relating to the subject matter herein, and merges and supersedes any and all prior or contemporaneous agreements, communications and proposals, whether oral or written, between us, including, but not limited to, any prior versions of these Terms.

  1. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

  1. The invalidity, illegality, or unenforceability of any provision of these Terms shall not affect the validity or enforceability of any other provision hereof, and these Terms shall nonetheless be enforceable to the fullest extent permitted by applicable law and the unenforceable provisions construed as if had not been contained herein.

  1. A failure from our side to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.  

  1. TERM AND VARIATION

  1. These Terms become effective upon your access and/or use of the Website and/or Services and/or Content through any action, and shall remain in full force for as long as you continue accessing and/or making use of them.

  1. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued access and/or use of the Website following the posting of any changes to these Terms constitutes acceptance of those changes.

  1. We reserve the right at any time to modify or discontinue any part or all operations, access, use of the Website and/or Services and/or Content without notice. We shall not be liable to you or to any third party for any such modification, change, suspension, or discontinuance.

  1. GOVERNING LAW

  1. These Terms shall be governed by and construed in accordance with the laws of Cyprus.  The courts of Cyprus shall have exclusive jurisdiction over any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or their subject matter or formation.

  1. Nothing in this clause shall limit our right to take proceedings in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.

  1. GENERAL CONDITIONS

  1. Notices, communication or statements relating to these Terms shall be in English language, in writing and deemed effective: (i) upon delivery when delivered in person; (ii) upon transmission when delivered by facsimile or email; or (iii) upon delivery when sent by registered or certified mail, postage prepaid, return receipt requested or by nationally-recognized overnight courier service to the registered address of the respective party. Notices to us shall be sent to [email protected]. Notices to you shall be sent at your email address as provided to us.

  1. The headings to sections and subsections used in these Terms are for convenience purposes only and are not intended to limit or otherwise affect these Terms.

  1. These Terms are non-exclusive and the relationship between us is that of independent contractors.  Nothing contained in these Terms shall be deemed to create any association, partnership, joint venture, or relationship of principal and agent or employer and employee between us.

  1. We may assign our obligations under these Terms to a subsidiary, business successor, or other company of the same group. You may not assign your obligations under these Terms without our prior written consent.

  1. You acknowledge and agree that entering into these Terms, you have not relied and you are not relying on any representations, warranties or other statements whatsoever, whether written or oral other than those expressly set out in these Terms, Privacy Policy or other documents incorporated herein and that you will not have any right or remedy rising out of any representation, warranty or other statement not expressly set out in these Terms.