Terms of Service
1. Acceptance of Terms
Welcome to Impressity Website. By using and/or visiting this website (collectively, including
all content and functionality available through the Impressity.com domain name,
the "Impressity", "Impressity Website", or "Website"), you signify your agreement to (1) these
terms and conditions (the "Terms of Service"), (2)Impressity's privacy policy, and
(3) Impressity's copyright policy. If you do not agree to any of these terms, please do not use the Impressity Website. These Terms of Services may be updated by us
from time to time without notice. Impressity may, in its sole discretion, modify
or revise these Terms of Service and policies at any time, and you agree to be bound
by such modifications or revisions. Nothing in this Agreement shall be deemed to
confer any third-party rights or benefits.
Impressity reserves the right to discontinue any aspect of the Impressity
Website at any time.
2. Impressity Website
These Terms of Service apply to all users of the Impressity Website, including users
who are also contributors of the Website. The term "Impressity Website" includes all aspects
of Impressity, including but not limited to all products, software and services
offered via the website such as the Embedded Impressity Surveys and other applications.
The Impressity Website may contain links to third party websites that are not owned
or controlled by Impressity. Impressity has no control over, and assumes no responsibility
for, the content, privacy policies, or practices of any third party websites. In
addition, Impressity will not and cannot censor or edit the content of any third-party
site. By using the Website, you expressly relieve Impressity from any and all liability
arising from your use of any third-party website.
3. Impressity Accounts
In order to access some features of the Website, you will have to create an Impressity account. You may never use another's account without permission. When creating your
account, you must provide accurate and complete information. You are solely responsible
for the activity that occurs on your account, and you must keep your account password
secure. You must notify Impressity immediately of any breach of security or unauthorized
use of your account. Although Impressity will not be liable for your losses caused
by any unauthorized use of your account, you may be liable for the losses of Impressity
or others due to such unauthorized use.
4. General Use of the Website
Impressity hereby grants you permission
to access and use the Website as set forth in these Terms of Service, provided that:
A. You agree not to distribute in any medium any part of the Website, including
but not limited to User Generated Contents (defined below), without Impressity's prior
written authorization.
B. You agree not to alter or modify any part of the Website.
C. You agree not to access User Generated Contents (defined below) or any other
contents on Impressity Website through any technology or means other than the Website itself, the Impressity
Embedded Survey, or other explicitly authorized means Impressity may designate.
D. You agree not to use the Website, including the Impressity Embedded Survey
with the effect of competing with or displacing the market for Impressity, Impressity
content, or its User Generated Contents.
E. If you use the Impressity Embeddable Survey on your website,
you must include a prominent link back to the Impressity website on the pages containing
the Embeddable Survey.
F. You agree not to use or 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 Impressity 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. Notwithstanding the foregoing, Impressity
grants the operators of public search engines permission to use spiders to copy
materials from the site for the sole purpose of and solely to the extent necessary
for creating publicly available searchable indices of the materials. Impressity reserves the right to revoke these exceptions
either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use
the communication systems provided by the Website (e.g. comments, email) for any
commercial solicitation purposes. You agree not to solicit, for commercial purposes,
any users of the Website with respect to their User Generated Contents.
G. In your use
of the website, you will otherwise comply with the terms and conditions of these
Terms of Service, and all applicable local, national, and international laws and
regulations.
5. Your Use of Content on the Site
In addition to the general restrictions above,
the following restrictions and conditions apply specifically to your use of content
on the Impressity Website.
A. The contents on the Impressity Website ("Contents"), including
User Generated Contents (as defined below), also including without limitation, the text, software,
scripts, graphics, photos, sounds, music, videos, interactive features and the like, and the trademarks, service marks and logos contained therein ("Marks"),
are owned by or licensed to Impressity Website, subject to copyright and other intellectual
property rights under the law. Contents on the Website are provided to you AS IS for
your information and personal use only and may not be downloaded, copied, reproduced,
distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited
for any other purposes whatsoever without the prior written consent of the respective
owners. Impressity reserves all rights not expressly granted in and to the Website
and the Contents.
B. You may access the Content on the Impressity Website solely:
- for your information
and personal use;
- on an occasional and irregular basis,
you may include insubstantial portions of the Contents from the Website in memoranda,
reports and presentations, and then only to the extent that such use constitutes
"fair use" under applicable copyright and intellectual property law,
provided that in each instance you include in all such memoranda,
reports and presentations all copyright, trademark and other notices from the Website
and the information used, original source attribution, and the phrase "Used with permission from the owners and creators of Impressity Website”
except for such other Contents which have been incorporated into Impressity Website by reference and as such require permission from the owners of such Contents. ;
- as intended through the normal functionality of
the Impressity Website.
C. User Comments are made available to you for your information and personal
use solely as intended through the normal functionality of the Impressity Service.
User Comments are made available "as is", and may not be used, copied, reproduced,
distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise
exploited in any manner not intended by the normal functionality of the Impressity
Service or otherwise as prohibited under this Agreement.
D. You may access Impressity
Contents, (including User Generated Contents and any other contents) only as permitted under this Agreement.
Impressity reserves all rights not expressly granted in and to the Impressity Contents
and the Impressity Service.
E. You agree to not engage in the use, copying, or distribution
of any of the Contents other than expressly permitted herein, including any use,
copying, or distribution of User Generated Contents of third parties obtained through the
Website for any commercial purposes.
F. You agree not to circumvent, disable or
otherwise interfere with security-related features of the Impressity Website or
features that prevent or restrict use or copying of any Contents or enforce limitations
on use of the Impressity Website or the Contents therein.
G. You understand that
when using the Impressity Website, you will be exposed to User Generated Contents from
a variety of sources, and that Impressity is not responsible for the accuracy, usefulness,
safety, or intellectual property rights of or relating to such User Generated Contents.
You further understand and acknowledge that you may be exposed to User Generated Contents
that are inaccurate, offensive, indecent, or objectionable, and you agree to waive,
and hereby do waive, any legal or equitable rights or remedies you have or may have
against Impressity with respect thereto, and agree to indemnify and hold Impressity,
its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent
allowed by law regarding all matters related to your use of the site.
6. Your User Generated Contents and Conduct
A. As a Impressity account holder you may create your own surveys
("Surveys") and textual content ("User Comments"). Surveys and User
Comments are collectively referred to as "User Generated Contents." You understand that
whether or not such User Generated Contents are published, Impressity does not guarantee
any confidentiality with respect to any User Generated Contents.
B. You shall be solely
responsible for your own User Generated Contents and the consequences of publishing
them. In connection with User Generated Contents, you affirm, represent, and/or warrant
that: you own or have the necessary licenses, rights, consents, and permissions
to use and authorize Impressity to use all patent, trademark, trade secret, copyright
or other proprietary rights in and to any and all User Generated Contents to enable inclusion
and use of the User Generated Contents in the manner contemplated by the Website and these
Terms of Service.
C. For clarity, you retain all of your ownership rights in your
User Generated Contents. However, by submitting User Generated Contents to Impressity, you hereby
grant Impressity a worldwide, non-exclusive, royalty-free, sublicenseable and transferable
license to use, reproduce, distribute, prepare derivative works of, display, and
perform the User Generated Contents in connection with the Impressity Website and Impressity's
(and its successors' and affiliates') business, including without limitation for
promoting and redistributing part or all of the Impressity Website (and derivative
works thereof) in any media formats and through any media channels. You also hereby
grant each user of the Impressity Website a non-exclusive license to access your
User Generated Contents through the Website, and to use, reproduce, distribute, display
and perform such User Generated Contents as permitted through the functionality of the
Website and under these Terms of Service. The above licenses granted by
you in User Generated Contents are perpetual and irrevocable.
D. In connection with User Generated Contents,
you further agree that you will not submit material that is copyrighted, protected
by trade secret or otherwise subject to third party proprietary rights, including
privacy and publicity rights, unless you are the owner of such rights or have permission
from their rightful owner to post the material and to grant Impressity all of the
license rights granted herein.
E. You further agree that you will not, in connection
with User Generated Contents, submit material that is unlawful, harmful, threatening, abusive,
harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's
privacy, hateful, or racially, ethnically or otherwise objectionable, or contrary
to applicable local, national, and international laws and regulations.
F. Impressity
does not endorse any User Submission or any opinion, recommendation, or advice expressed
therein, and Impressity expressly disclaims any and all liability in connection
with User Generated Contents. Impressity does not permit copyright infringing activities
and infringement of intellectual property rights on its Website, and Impressity
will remove all Contents and User Generated Contents if properly notified that such Content
or User Submission infringes on another's intellectual property rights. Impressity
reserves the right to remove Content and User Generated Contents without prior notice.
G. Special note when creating your survey questions. You agree that you will not create or publish survey questions that solicit survey respondents' personal identifiable information.
The only exception is that you will set such questions to private so that answers to such questions are not collected in Impressity's aggregated reports.
You are fully responsible for all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from soliciting or disclosing personal information in the surveys or aggregated reports.
7. Account Termination Policy
A. Impressity may terminate a User's access to its Website if, under appropriate
circumstances, they are determined to be a repeat infringer.
B. Impressity reserves the right to decide whether Contents or a User Generated Contents
are appropriate and complies with these Terms of Service for violations other than
copyright infringement, such as, but not limited to, pornography, obscene or defamatory
material. Impressity may remove such User Generated Contents and/or
terminate a User's access for uploading such material in violation of these Terms
of Service at any time, without prior notice and at its sole discretion.
8. Digital Millennium Copyright Act
A. If you are a copyright or trademark owner or an agent thereof and believe that any User Submission
or other content infringes upon your copyrights or trademarks,
you may submit a notification pursuant
to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright and Trademark Agent
with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
-
An electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted
work or trademark
claimed to have been infringed, or, if multiple copyrighted works or trademarks
are covered by a single notification, a representative list of such works;
- Identification of the material that is claimed to be infringing
or to be the subject of infringing activity and that is to be removed or access
to which is to be disabled and information reasonably sufficient to permit the service
provider to locate the material;
- Information reasonably sufficient to permit the
service provider to contact you, such as an address, telephone number, and, if available,
an electronic mail;
- A statement that you have a good faith belief that use of the
material in the manner complained of is not authorized by the copyright owner or trademark owner, its
agent, or the law;
- A statement that the information in the notification is accurate,
and under penalty of perjury, that you are authorized to act on behalf of the owner
of an exclusive right that is allegedly infringed.
Impressity's designated Copyright and Trademark
Agent to receive notifications of claimed infringement is email: copyright@impressity.com. For clarity, only DMCA notices should go
to the Copyright and Trademark Agent; any other feedback, comments, requests for technical support,
and other communications should be directed to Impressity customer service through
Contact Us You acknowledge that if you fail
to comply with all of the requirements of this Section, your DMCA notice may
not be valid.
B. Counter-Notice. If you believe that your User Generated Contents that was
removed (or to which access was disabled) is not infringing, or that you have the
authorization from the copyright owner or trademark owner, the copyright owner or trademark owner's agent, or pursuant
to the law, to post and use the content in your User Generated Contents, you may send a
counter-notice containing the following information to the Copyright and Trademark Agent:
- Your
electronic signature;
- Identification of the content that has been removed
or to which access has been disabled and the location at which the content appeared
before it was removed or disabled;
- A statement that you have a good faith belief
that the content was removed or disabled as a result of mistake or a misidentification
of the content; and
- Your name, address, telephone number, and e-mail address, a
statement that you consent to the jurisdiction of the federal court in Seattle,
Washington, and a statement that you will accept service of process from the person
who provided notification of the alleged infringement.
If a counter-notice is received
by the Copyright and
Trademark Agent, Impressity may send a copy of the counter-notice to the
original complaining party informing that person that it may replace the removed
content or cease disabling it in 10 business days. Unless the copyright owner or trademark
owner files
an action seeking a court order against the content provider, member or user, the
removed content may be replaced, or access to it restored, in 10 to 14 business
days or more after receipt of the counter-notice, at Impressity's sole discretion.
9. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE IMPRESSITY WEBSITE SHALL BE AT YOUR SOLE RISK. TO
THE FULLEST EXTENT PERMITTED BY LAW, IMPRESSITY, ITS OFFICERS, DIRECTORS, EMPLOYEES,
AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE
AND YOUR USE THEREOF. IMPRESSITY 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 IMPRESSITY WEBSITE. IMPRESSITY DOES NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED
BY A THIRD PARTY THROUGH THE IMPRESSITY WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED
IN ANY BANNER OR OTHER ADVERTISING, AND IMPRESSITY 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.
10. Limitation of Liability
IN NO EVENT SHALL IMPRESSITY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, 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 IMPRESSITY 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
IMPRESSITY SHALL NOT BE LIABLE FOR User Generated Contents 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.
The Website is controlled and offered by Impressity from its facilities in the United
States of America. Impressity makes no representations that the Impressity Website
is appropriate or available for use in other locations. Those who access or use
the Impressity Website from other jurisdictions do so at their own volition and
are responsible for compliance with local law.
11. Indemnity
You agree to defend, indemnify and hold harmless Impressity, its parent corporation,
officers, directors, employees and agents, from and against any and all claims,
damages, obligations, losses, liabilities, costs or debt, and expenses (including
but not limited to attorney's fees) arising from: (i) your use of and access to
the Impressity Website; (ii) your violation of any term of these Terms of Service;
(iii) your violation of any third party right, including without limitation any
copyright, property, or privacy right; or (iv) any claim that one of your User Generated Contents
caused damage to a third party. This defense and indemnification obligation will
survive these Terms of Service and your use of the Impressity Website.
12. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor,
or possess legal parental or guardian consent, and are fully able and competent
to enter into the terms, conditions, obligations, affirmations, representations,
and warranties set forth in these Terms of Service, and to abide by and comply with
these Terms of Service. In any case, you affirm that you are over the age of 13,
as the Impressity Website is not intended for children under 13. If you are under
13 years of age, then please do not use the Impressity Website. There are lots of
other great web sites for you. Talk to your parents about what sites are appropriate
for you.
13. Assignment
These Terms of Service, and
any rights and licenses granted hereunder, may not be transferred or assigned by
you, but may be assigned by Impressity without restriction.
14. General
You agree that: (i) the Impressity Website shall be deemed solely based in Washington;
and (ii) the Impressity Website shall be deemed a passive website that does not
give rise to personal jurisdiction over Impressity, either specific or general,
in jurisdictions other than Washington. These Terms of Service shall be governed
by the internal substantive laws of the State of Washington, without respect to
its conflict of laws principles. Any claim or dispute between you and Impressity
that arises in whole or in part from the Impressity Website shall be decided exclusively
by a court of competent jurisdiction located in King County, Washington. These Terms
of Service, together with the Privacy Notice at
Privay policy
and any other legal notices published by Impressity on the Website, shall constitute
the entire agreement between you and Impressity concerning the Impressity Website.
If any provision of these Terms of Service 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 Service, which shall remain in full force
and effect. No waiver of any term of this these Terms of Service shall be deemed
a further or continuing waiver of such term or any other term, and Impressity's
failure to assert any right or provision under these Terms of Service shall not
constitute a waiver of such right or provision. Impressity reserves the right to
amend these Terms of Service at any time and without notice, and it is your responsibility
to review these Terms of Service for any changes. Your use of the Impressity Website
following any amendment of these Terms of Service will signify your assent to and
acceptance of its revised terms. YOU AND IMPRESSITY AGREE THAT ANY CAUSE OF ACTION
ARISING OUT OF OR RELATED TO THE IMPRESSITY WEBSITE MUST COMMENCE WITHIN ONE (1)
YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY
BARRED.