Terms of Use

The SurveyTalent.com website ('Website') is a hosted service operated by SurveyTalent BV, corporate identity number 66620147, a company duly incorporated and organized under the laws of the Netherlands, having its principal office at Mezenlaan 5, Bussum, The Netherlands. The following terms and conditions govern all use of the SurveyTalent.com website and all content, services and products available at or through the Website. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, SurveyTalent's Privacy Policy and SurveyTalent's Security Policy) and procedures that may be published from time to time on this Website by SurveyTalent (collectively, the "Agreement"). Your use of the Website will constitute your acceptance of this Agreement.

Your SurveyTalent Account and use of the Website.

If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not describe or assign keywords to your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and SurveyTalent may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause SurveyTalent liability. You must immediately notify SurveyTalent of any unauthorized uses of your account or any other breaches of security. SurveyTalent will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

Responsibility of Users.

If you operate an account, contribute to an account, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

  • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
  • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
  • your Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and Websites, and similar unsolicited promotional methods;
  • your Content is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your Site's URL or name is not the name of a person other than yourself or company other than your own; and
  • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by SurveyTalent or otherwise.

By submitting Content to SurveyTalent for inclusion on your Website, you grant SurveyTalent a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your Site. If you delete Content, SurveyTalent will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, SurveyTalent has the right (though not the obligation) to, in SurveyTalent's sole discretion (i) refuse or remove any content that, in SurveyTalent's reasonable opinion, violates any SurveyTalent policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in SurveyTalent's sole discretion. SurveyTalent will have no obligation to provide a refund of any amounts previously paid.

Payment and Renewal.

By signing up for one of SurveyTalent's paid services, you agree to pay SurveyTalent the specified fees (monthly or yearly) in exchange for access to the paid services. Applicable fees will be invoiced starting from the day your access is established and in advance of using such services. All payments are non-refundable. there will be no refunds or credits for partial months of Service, upgrade/downgrade refunds, or refunds for months unused with an open account. SurveyTalent reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you.

Unless you notify SurveyTalent before the end of the applicable subscription period that you want to cancel a paid subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Subscriptions can be canceled at any time in the Account section of your site.

On paying accounts, if you exceed the maximum number of responses allowed for a given month, a fee of $0.05 USD per response exceeding the limit will be charged to your account at the end of your billing period. On free accounts, forms will be deactivated once they have exceeded the maximum number of responses allowed for a given month.

Downgrading your SurveyTalent site may cause the loss of content, features, or capacity of your account. SurveyTalent does not accept any liability for such loss.

Responsibility of Website Visitors.

SurveyTalent has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, SurveyTalent does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. SurveyTalent disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

Content Posted on Other Websites.

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which SurveyTalent.com links, and that link to SurveyTalent.com. SurveyTalent does not have any control over those non-SurveyTalent websites and webpages, and is not responsible for their contents or their use. By linking to a non-SurveyTalent website or webpage, SurveyTalent does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. SurveyTalent disclaims any responsibility for any harm resulting from your use of non-SurveyTalent websites and webpages.

Copyright Infringement.

As SurveyTalent asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by SurveyTalent.com violates your copyright, you are encouraged to notify SurveyTalent. SurveyTalent will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. SurveyTalent will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of SurveyTalent or others. In the case of such termination, SurveyTalent will have no obligation to provide a refund of any amounts previously paid to SurveyTalent.

Intellectual Property.

This Agreement does not transfer from SurveyTalent to you any SurveyTalent or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with SurveyTalent. SurveyTalent, SurveyTalent.com, the SurveyTalent.com logo, and all other trademarks, service marks, graphics and logos used in connection with SurveyTalent, or the Website are trademarks or registered trademarks of SurveyTalent or SurveyTalent's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any SurveyTalent or third-party trademarks.

Attribution.

SurveyTalent reserves the right to display attribution links such as 'Powered by SurveyTalent.com' in your Content. Only on active paid subscriptions, these credits may be removed.

Domain Names.

If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers ("ICANN"), including their Registration Rights and Responsibilities.

Changes.

SurveyTalent reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. SurveyTalent may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination.

SurveyTalent may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your SurveyTalent.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you are on a paid subscription at SurveyTalent, such account can only be terminated by SurveyTalent if you materially breach this Agreement and fail to cure such breach within thirty (30) days from SurveyTalent's notice to you thereof; provided that, SurveyTalent can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties.

The Website is provided "as is". SurveyTalent and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither SurveyTalent nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

Limitation of Liability.

In no event will SurveyTalent, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to SurveyTalent under this agreement during the twelve (12) month period prior to the cause of action. SurveyTalent shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty.

You represent and warrant that (i) your use of the Website will be in strict accordance with the SurveyTalent Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification.

You agree to indemnify and hold harmless SurveyTalent, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

Miscellaneous.

This Agreement constitutes the entire agreement between SurveyTalent and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of SurveyTalent, or by the posting by SurveyTalent of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the Netherlands. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; SurveyTalent may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Change Log
  • April 16th, 2012. Created.
  • October 30, 2012. Added Company Identity Number & Address.
  • January 25, 2014. Updated Company Address.
  • August 21, 2016. Updated Company Details (BV) and Address.