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Data Illusion, Inc. TERMS
OF SERVICES
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- You agree to provide
true and correct information about yourself in
the Data Illusion Terms of Service registration
form.
- You agree not to use
the service for illegal purposes or for the
transmission of material that is unlawful,
harassing, libelous, invasive of another's
privacy, abusive, threatening, harmful, vulgar,
obscene, tortious, or otherwise objectionable, or
that infringes or may infringe the intellectual
property or other rights of another.
- You agree that the
Data Illusion and their designees may in their sole
discretion terminate your account if they believe
you have in any way violated the Terms of
Service.
- ACKNOWLEDGMENT
AND ACCEPTANCE OF TERMS OF SERVICE
The Data Illusion service, owned by
Data Illusion and operated on Deckpoint SA's network,
is provided to you ("User") under the
terms and conditions of this Data Illusion Terms of
Service and any amendments thereto and any
operating rules or policies (the
"VTS") that may be published from time
to time by Data Illusion. The VTS comprises the
entire agreement between User and Data Illusion and
supersedes any prior agreements pertaining to the
subject matter contained herein. BY COMPLETING
THE REGISTRATION PROCESS AND SELECTING THE
"YES, I Agree" BUTTON, YOU ARE
AGREEING TO BE BOUND BY THE VTS.
- DESCRIPTION
OF SERVICE
Data Illusion is providing user with the
capability to create and manage polls or surveys on the World Wide Web.
Data Illusion does not charge User for the Service, except for
enhancements User may elect to obtain (though
Data Illusion may in the future charge a fee for use
of the Service). User must:
- provide for
User's own access to the World Wide Web
and pay any service fees associated with such access.
- provide all
equipment necessary for User to make such
connection to the World Wide Web an, including a
computer and modem .
- Provide his own site or homepage to insert his poll or survey html code.
- USER'S
REGISTRATION OBLIGATIONS
In consideration of use of the Service,
User agrees to:
- provide true,
accurate, current and complete
information about User as prompted by the
Registration Form.
- to maintain
and update this information to keep it
true, accurate, current and complete.
This information about a User shall be
referred to as "Registration
Data." If any information provided
by User is untrue, inaccurate, not
current or incomplete, Data Illusion has the
right to terminate User's account and
refuse any and all current or future use
of the Service.
- USE OF
REGISTRATION DATA
User agrees Data Illusion or its designee
may disclose Registration Data to third parties
about User and information about User's use of
the Service provided that such disclosures do not
include User's name, mailing address, email
address, or account number, except as authorized
by User or User's representative or as required
by law or legal process., or as set forth in
Paragraph VII below.
- MODIFICATIONS
TO TERMS OF SERVICE
Data Illusion may change the VTS from time
to time. User will be notified of any such
changes by a startup screen describing the
changes. By selecting the "YES, I
agree" button that follows the posted
changes User agrees to be bound by the
modifications to the VTS. If User does not select
the "YES, I agree" button, User's
account will not be created.
- MODIFICATIONS
TO SERVICE
Data Illusion reserves the right to modify
or discontinue, temporarily or permanently, the
Service with or without notice to User. User
agrees that Data Illusion shall not be liable to
User or any third-party for any modification or
discontinuance of the Service.
- Data Illusion
POLL/SURVEY PRIVACY POLICY
Data Illusion considers votes transmitted
via the Service to be the private correspondence
. Data Illusion will not monitor, edit or disclose the contents of a
User's poll or survey, except that User
agrees Data Illusion may do so:
- as required
by law.
- to comply
with legal process.
- if necessary
to enforce the VTS.
- to respond to
claims that such contents violate the
rights of third-parties
User acknowledges
and agrees that Data Illusion does not endorse the
content of any User communications and are not
responsible or liable for any unlawful,
harassing, libelous, privacy invading, abusive,
threatening, harmful, vulgar, obscene, tortious,
or otherwise objectionable content, or content
that infringes or may infringe the intellectual
property or other rights of another.
- MEMBER
ACCOUNT, PASSWORD AND SECURITY
User is responsible for maintaining the
confidentiality of the password and account, and
is fully responsible for all activities which
occur under User's password or account. User
agrees to immediately notify the Service of any
unauthorized use of User's password or account or
any other breach of security.
- MEMBER
CONDUCT
User agrees to abide by all applicable
local, state, national, and international laws
and regulations in User's use of the Service, and
agrees not to interfere with the use and
enjoyment of the Service by other Users. User
agrees to be solely responsible for the contents
of User's transmissions through the Service.
User agrees:
- not to use
the Service for illegal purposes.
- not to
interfere with or disrupt the Service or
servers or networks connected to the
Service.
- to comply
with all requirements, procedures,
policies and regulations of networks
connected to the Service.
- to comply
with all applicable laws regarding the
transmission of technical data exported
from the United States.
User agrees not to
transmit through the Service any unlawful,
harassing, libelous, privacy invading, abusive,
threatening, harmful, vulgar, obscene or
otherwise objectionable material of any kind.
User agrees not to transmit any material that
violates the rights of another, including but not
limited to the intellectual property rights of
another. User agrees not to transmit any material
that violates any applicable local, state,
national, or international law or regulation.
User agrees not to attempt to gain unauthorized
access to other computer systems or networks
connected to the Service.
- INDEMNITY
User agrees to indemnify and hold
Data Illusion and their parents, subsidiaries,
affiliates, officers, and employees, harmless
from any claim or demand, including reasonable
attorneys' fees, made by any third party due to
or arising out of User's use of the Service,
User's connection to the Service, User's
violation of the VTS, or User's violation of any
rights of another.
- NO RESALE OF
SERVICE
User agrees not to resell the Service or
use of or access to the Service.
User agrees not to use the Service for any
commercial purposes.
- POLL AND SURVEY STORAGE
Data Illusion assumes no responsibility for
the deletion or failure to store votes, polls or surveys.
Data Illusion may establish an upper limit on the
number of votes.
- POLL AND SURVEY VOTES
Data Illusion assumes no responsibility for
the votes of a poll or survey. Data Illusion assumes no responsiblity
for the maintain of any kind of poll or survey.
User agree that the results of polls and surveys cannot be assumed to represent the opinions of Internet users in general, or of the public as a whole.
.
- TERMINATION
User agrees that Data Illusion may
terminate User's password, account or use of the
Service if Data Illusion believes
- that User has
violated or acted inconsistently with the
letter or spirit of the VTS.
- that User has
violated the rights of Data Illusion or
other Users or parties.
- User further
agrees that Data Illusion may terminate
User's password, account or use of the
Service if User fails to use the Service
at least one time during a reasonable
period of time as determined by
Data Illusion from time to time which period
shall not be less than three months.
User acknowledges
and agrees that any termination of service under
this Agreement under any provision of this
Agreeement may be effected without prior notice,
and acknowledges and agrees that Data Illusion may
immediately delete email files, list members in
User's account and bar any further access to such
files, members or the Service.
- DEALINGS WITH
ADVERTISERS
User's correspondence with or
participation in promotions of advertisers found
on 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
User and such advertiser. User agrees not to hold
Data Illusion 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.
- LINKS
The Service may provide, or Users may include in
email, links to other Web sites or resources.
User acknowledges and agrees that Data Illusion are
not responsible for the availability of such
external sites or resources, and does not endorse
and is not responsible or liable for any content,
advertising, products, or other materials on or
available from such sites or resources. User
agrees that Data Illusion shall not be responsible
or liable, directly or indirectly, for any damage
or loss caused or alleged to be caused by or in
connection with use of or reliance on any such
content, goods or services available on such
external sites or resources.
- Data Illusion'S
PROPRIETARY RIGHTS
User acknowledges and agrees that
content, including but not limited to text,
software, music, sound, photographs, graphics,
video, or other material contained in sponsor
advertisements or information presented to User
through the Service or advertisers is protected
by copyrights, trademarks, service marks,
patents, or other proprietary rights and laws.
User acknowledges and agrees that User is
permitted to use this material and information
only as expressly authorized by Data Illusion or
advertisers, and may not copy, reproduce,
transmit, distribute, or create derivative works
of such content or information without express
authorization.
- DISCLAIMER OF
WARRANTIES
USER EXPRESSLY AGREES THAT USE OF THE
SERVICE IS AT MEMBER'S SOLE RISK. THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS.
Data Illusion 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.
Data Illusion MAKES NO WARRANTY THAT THE SERVICE
WILL MEET USER'S REQUIREMENTS, THAT THE SERVICE
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR
FREE; NOR DOES Data Illusion MAKE ANY WARRANTY AS TO
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF
THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY
OF ANY INFORMATION OBTAINED THROUGH THE SERVICE
OR THAT DEFECTS IN THE SOFTWARE WILL BE
CORRECTED.
USER UNDERSTANDS AND AGREES THAT ANY MATERIAL
AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF OR FROM THE SERVICE IS DONE AT
USER'S OWN DISCRETION AND RISK AND THAT USER WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM
THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
Data Illusion MAKES NO WARRANTY REGARDING ANY GOODS
OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM
THE SERVICE OR ANY TRANSACTIONS ENTERED INTO
THROUGH SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY USER FROM Data Illusion OR
THROUGH OR FROM THE SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES, SO SOME OF THE ABOVE
EXCLUSIONS MAY NOT APPLY TO YOU.
- LIMITATION OF
LIABILITY
USER AGREES THAT Data Illusion SHALL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM
THE USE OR THE INABILITY TO USE THE SERVICE OR
FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICES OR RESULTING FROM ANY GOODS OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH OR FROM THE
SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO
OR ALTERATION OF USER'S TRANSMISSIONS OR DATA,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF
Data Illusion HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
USER FURTHER AGREES THAT Data Illusion SHALL NOT BE
LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION,
SUSPENSION OR TERMINATION OF SERVICE, INCLUDING
BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL,
SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES,
WHETHER SUCH INTERRUPTION, SUSPENSION OR
TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR
INTENTIONAL, INADVERTENT OR ADVERTENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE
LIMITATIONS MAY APPLY TO YOU.
- NOTICE
Any notice to User or to the Service
shall be made via either email or regular mail.
The Service may also provide notices of changes
to the VTS or other matters by displaying
notices to Users generally on the Service.
- GENERAL
The VTS and the relationship between
User and Data Illusion shall be governed by the laws
of Switzerland. User and Data Illusion agree to
submit to the personal and exclusive jurisdiction
of the courts located within Switzerland.
The failure of Data Illusion to exercise or enforce
any right or provision of the VTS shall not
constitute a waiver of such right or provision.
If any provision of the VTS is found by a court
of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should
endeavor to give effect to the parties'
intentions as reflected in the provision, and the
other provisions of the VTS remain in full force
and effect.
User agrees 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 VTS must be filed within one (1) year
after such claim or cause of action arose or be
forever barred.
The section titles in the VTS are for
convenience only and have no legal or contractual
effect.
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poll example
