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SurveyPolice Forum and Website Terms of Use Agreement

 
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PostPosted: Sat Nov 17, 2007 9:55 pm    Post subject: SurveyPolice Forum and Website Terms of Use Agreement

Terms of Use Agreement
Read This Terms of Use Agreement Before Accessing Website.

This is a web site of SurveyPolice.com, and is owned and operated by Fortuna Internet Solutions Inc.

Effective Date: This Terms of Use Agreement was last updated on November 11, 2007.

This Terms of Use Agreement sets forth the standards of use of the Fortuna Internet Solutions Inc. Online Service. By using the SurveyPolice.com website you (the "User") agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at the SurveyPolice.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

1. Description of Service

Fortuna Internet Solutions Inc. is providing User with a directory website. User must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for User 's access to the Internet, and (3) pay any fees relate with such connection.

2. Disclaimer of Warranties.

The site is provided by Fortuna Internet Solutions Inc. on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, Fortuna Internet Solutions Inc. makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Fortuna Internet Solutions Inc. shall have no liability for any interruptions in the use of this Website. Fortuna Internet Solutions Inc. disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable. This website contains links to third-party websites or resources. You acknowledge and agree that Fortuna Internet Solutions Inc. is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. You agree not to hold Fortuna Internet Solutions Inc liable for any loss or damage of any sort incurred as the result of any dealings with or the presence of any third listed on this website.

3. Limitation of Liability

FORTUNA INTERNET SOLUTIONS INC. SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR FORTUNA INTERNET SOLUTIONS INC. SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF FORTUNA INTERNET SOLUTIONS INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

4. Indemnification

User agrees to indemnify and hold Fortuna Internet Solutions Inc., its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of User 's use of the Service, the violation of this Agreement, or infringement by User, or other user of the Service using User 's computer, of any intellectual property or any other right of any person or entity.

5. Modifications and Interruption to Service

Fortuna Internet Solutions Inc., reserves the right to modify or discontinue the Service with or without notice to the User. Fortuna Internet Solutions Inc., shall not be liable to User or any third party should Fortuna Internet Solutions Inc. exercise its right to modify or discontinue the Service. User acknowledges and accepts that Fortuna Internet Solutions Inc. does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

6. Third-Party Sites

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Users to review said privacy policies of third-parties' sites.

7. Disclaimer Regarding Accuracy of Vendor Information

Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Fortuna Internet Solutions Inc. makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website. Fortuna Internet Solutions Inc. makes no warranties or representations whatsoever with regard to any product provided or offer by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

8. Membership

You may become a "Member" of this website, which may grant you additional privileges.

Becoming a member of this website automatically entitles you to membership for our forum. Please refer to section 9, Forum, for terms pertaining to forum usage.

Becoming a website Member allows you to post content on this website. You agree as a condition of use and membership that we may contact you for the purpose of informing you of changes to this Agreement or describing new services available on this website. You are responsible for safeguarding the password that you use to access any secure areas of this website. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify Fortuna Internet Solutions Inc. of any unauthorized use of your password.

9. Forum

By becoming a member of SurveyPolice.com you are automatically granted membership to our forum located at forum.surveypolice.com.

Forum members are asked to treat fellow members with dignity, respect, and basic manners.

As a forum member, you agree not to post any unlawful, harmful, threatening, abusive, slanderous, harassing, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically, sexually or otherwise objectionable content.

You agree not to impersonate any person or entity, or misrepresent your affiliation with a person or entity. You agree not to post any content that has not been written by you or that you do not have the right to transmit certain content. You will not upload or post any content that infringes on any patent, trademark, trade secret, copyright or other propriety rights (“Rights”) of any party. You agree not to post any unsolicited or unauthorised advertising, promotional materials, spam, software viruses. You agree not to extract, collect, process, combine or store personal data about other users. You agree not to post under more than one identity. That is, you agree not to hold more than one membership account at any time. You also agree not to post any “affiliate links” – that is, links that go to a third-party website containing a special referral code in which you are compensated for leads or sales.

A post to the forum which is deemed to be inappropriate (in any or all of the aforementioned ways) may be removed or split from the originating topic at the discretion of the administrators, and the author may or may not be notified about the post in question.

The forum administrators and moderators will regularly access the forum to remove or edit any material they feel is in violation with these terms of use. However, it may not be possible for the administrators to review each message posted to the forum. Therefore, you acknowledge that all posts made to these forums are not the opinions or views of Fortuna Internet Solutions Inc., its employees, or affiliates and hence Fortuna Internet Solutions will not be held liable for such opinions expressed on the forum. The content of all posts remain the property of their respective authors and cannot be republished elsewhere in any form without the knowledge and consent of the author (member). However, you grant Fortuna Internet Solutions the right to display your post on [url]forum.surveypolice.com[/url].

Members of the forum agree to have any information entered in a post stored in a database. This information will not be disclosed to any third party without your consent, however Fortuna Internet Solutions Inc. will not be held liable for any hacking attempts that may lead to this data being compromised.

Members agree to be contacted by Fortuna Internet Solutions Inc. via e-mail if the forum moderators see fit.

10. Failure to Comply

In the event that the rules outlined in section 9, Forum, of this Terms of Use agreement are broken, Fortuna Internet Solutions Inc. has the right to issue disciplinary action, including but not limited to: a warning from the forum moderator, a temporary ban from forum usage, or a permanent ban if necessary. In the event that one or more users from the same IP address have been found violating the Forum Terms of Use, Fortuna Internet Solutions Inc. has the right to ban the IP address from which these forum posts have originated and to close the membership accounts associated with these posts, without warning. Furthermore, the webmaster, administrators and moderators of this forum have the right to remove, edit, move, or close any topic at any time should they see fit.

11. Complaints Process

Members of this website have the option to issue complaints against other third-parties – usually online survey panels, companies, or websites through this website. Filing a complaint on this website is a free service and is restricted to Members of this website.

By submitting a complaint, the Member acknowledges and agrees that they have already attempted to contact the third-party in question and have not received a satisfactory response. The Member agrees that they are a Member of the website of the third-party in question and that the issues they have been experiencing with the third-party are indeed genuine. The Member agrees that the complaint they submit may not be approved by Fortuna Internet Solutions Inc. and that their complaint may be deleted from the database and not sent to the third party. The Member agrees that Fortuna Internet Solutions Inc. will try to contact the third party in question to address the Member’s complaint however that a response is not guaranteed. The Member agrees that there is no guarantee that the Member’s complaint will be successfully resolved. The Member also agrees not to post more than one of the same complaint on the website and may have their Membership to this website withdrawn if they choose to do so. The Member agrees that the complaint filed on the website is an opinion of the Member and not that of Fortuna Internet Solutions Inc. The Member agrees not to hold Fortuna Internet Solutions Inc. liable for any losses or damages experienced as a consequence of using the complaint feature on this website.

The third party involved in the complaints process (herein referred to as the “defendant”) understands and agrees that responding to any e-mails from this website regarding a complaint issued by a website member is completely optional. The defendant agrees that the complaints issued on the website do not originate from Fortuna Internet Solutions Inc. but from the Members of this website. The Defendant agrees not to hold Fortuna Internet Solutions Inc. liable for any losses or damages associated with any complaint posted on this website.

Both the Member and the Defendant agree that Fortuna Internet Solutions Inc. may post a modified version of the original complaint on the website. This modified version may be stripped of any sensitive information including but not limited to contact information and account numbers. Both the Member and Defendant agree that Fortuna Internet Solutions Inc. may change the status of a complaint at any time to “pending”, “invalid”, “resolved”, or “unresolved”. Both the Member and Defendant agree that Fortuna Internet Solutions Inc. may mark a case as “resolved” and that the complaint will be closed. Both the Member and Defendant agree that the number and content of the complaints listed on this website in no way represent the actual number of complaints the Defendant’s website or business actually receives. Both Member and Defendant agree that all information provided on this website regarding complaints is strictly for information use only. Both Member and Defendant agree that the e-mail address stored in the database of this website that belongs to the Defendant may be out of date or inaccurate and that the Defendant may not receive the complaint. Both Member and Defendant agree that Fortuna Internet Solutions Inc. will make an effort to verify the e-mail address of the Defendant before a complaint is approved and is sent to the Defendant. Both Member and Defendant agree that in NO WAY shall Fortuna Internet Solutions Inc. be held liable for any damages or losses experienced as a result of a complaint being issued or listed on this website.

12. Termination.

You can cancel your account at any time by contacting Customer Support. We can cancel your account, or otherwise refuse service to you, at any time for any reason (including repeat infringement). Fortuna Internet Solutions Inc. may choose to assume that you intended to terminate your account if you do not access it for more than 3 months.

13. Content.

This website provides various information regarding online survey panels. The survey panels listed on this website are operated by third party organizations, and are not operated by Fortuna Internet Solutions Inc.

Fortuna Internet Solutions Inc. disclaims any responsibility for, or liability related to any third party organizations listed on the website. Fortuna Internet Solutions Inc. does not warrant that survey panel descriptions, contact information, or any other content this website, regardless of its source, is accurate, complete, reliable, current or error-free. Website content is provided for informational purposes only and does not constitute an endorsement by Fortuna Internet Solutions Inc. of any product or service. You should not rely on such information in situations where its inaccuracy would cause you to suffer any loss. Fortuna Internet Solutions Inc. assumes no liability for inaccuracy or incompleteness in its search results, editorial content, user ratings ( e.g. user merchant rating, user product rating) or other content on this website.

Consumer reviews and ratings on this website are from our members and website visitors who have elected to post a review or rating on this website. As such, these reviews and ratings are informative for those wishing to use them, but they do not guarantee any level of performance by a third party in any given transaction.

Participating third parties may pay Fortuna Internet Solutions Inc. to be presented on this website or to have their product or service offerings placed higher in our search results, but in no event do such payments affect the reviews or ratings given to any third party by participating members.

You may download, view and print a single copy of any other content, solely for your personal and non-commercial purposes, subject to the restrictions set forth in this Agreement. All right, title, and interest in and to this website, and any other content appearing on this website, will remain the exclusive property of Fortuna Internet Solutions Inc. and its licensors. Except as expressly permitted in this Agreement, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use this website, or any other content appearing on this website. You may not copy or modify the HTML code used to generate web pages on this website. You may not use this website, or any other content appearing on this website, on or in connection with any other website, for any purpose.

14. Content Submission.

By contributing or submitting any content to this website, you warrant that you are the author and owner of the intellectual property rights thereto, and you grant Fortuna Internet Solutions Inc. a worldwide, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such materials and/or incorporate such materials into any form, medium or technology without compensation to you. In addition, you warrant that all "moral rights" that you may have in those materials have been voluntarily waived by you. None of the materials shall be subject to any obligation of confidence on the part of Fortuna Internet Solutions Inc., its agents, subsidiaries, affiliates, co-brand partners or other partners and their respective directors, officers and employees. Fortuna Internet Solutions Inc. reserves the right to change, condense or delete any content on this website that Fortuna Internet Solutions Inc. deems, in its sole discretion, to violate the content guidelines or any other provision of this Agreement.

You agree that you shall not post any information: that is known by you to be false, inaccurate or misleading; that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); that is, or may reasonably be considered to be, defamatory, libellous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation; for which you were compensated or granted any consideration by any third party; that includes any information that references addresses, email addresses, contact information or phone numbers; or that contains any computer viruses, worms or other potentially damaging computer programs or files. You retain all ownership rights to information, text, graphics, or other materials you publish on this website. However, we can reproduce, publish and distribute all or teaser portions of your content online and offline and permit others to do the same.

15. Governing Jurisdiction of the Alberta Courts.

Our website is operated and provided in the Province of Alberta. As such, we are subject to the laws of the Province Alberta, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the Province Alberta.

16. Compliance with Laws.

User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

17. Copyright and Trademark Information

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2007 SurveyPolice.com, with all rights reserved, or is the property of Fortuna Internet Solutions Inc. and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Fortuna Internet Solutions Inc. is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Fortuna Internet Solutions Inc.

Fortuna Internet Solutions Inc.TM and SurveyPolice.comTM are proprietary marks of Fortuna Internet Solutions Inc. Fortuna Internet Solutions Inc.'s trademarks may not be used in connection with any product or service that is not provided by Fortuna Internet Solutions Inc., in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Fortuna Internet Solutions Inc.

18. Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Fortuna Internet Solutions designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

Veronica Dubak
By Email: webmaster(at)surveypolice.com
By Telephone: 403-813-4575

19. Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Fortuna Internet Solutions Inc., in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a User. User agrees that by accepting this Terms of Use Agreement, User is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.

If you would like to contact us with website errors or omissions, please do so by using the information below.

We can be reached via e-mail webmaster(at)surveypolice.com
or alternately you can reach us by telephone at 403-813-4575
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