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Terms & Conditions.
1. INTRODUCTION
Welcome to VIA Survey.PLEASE READ THIS USER AGREEMENT (“USER AGREEMENT” OR “AGREEMENT”) CAREFULLY. BY ACCESSING OR USING THE VIA Survey WEBSITE IN ANY WAY (OTHER THAN TO READ THIS USER AGREEMENT FOR THE FIRST TIME), YOU ARE SIGNIFYING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS USER AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND OR IF YOU OBJECT TO ANY TERM OR CONDITION OF THE SAME, DO NOT ACCESS OR USE THIS WEBSITE. BY PUBLICLY POSTING CONTENT YOU WILL ALLOW OTHERS TO MAKE COMMERCIAL USE ON A LIMITED BASIS OF YOUR CONTENT WITHOUT PAYMENT TO YOU AS PERMITTED IN THIS AGREEMENT. FOR A NON-EXHAUSTIVE LIST OF EXAMPLES OF HOW YOUR CONTENT MAY BE USED COMMERCIALLY SEE SECTION BELOW. IN ADDITION, BECAUSE OF THE COLLABORATIVE NATURE OF THE WEBSITE, ONCE YOU POST CONTENT ON THE WEBSITE, SOME CONTENT MAY NOT BE REMOVED EVEN IF YOU TERMINATE YOUR ACCOUNT. The grants made by you in this Agreement are provided for good and valuable consideration including, without limitation, the possibility of publication or publicity, the receipt and sufficiency of which are hereby acknowledged.
2. INTELLECTUAL PROPERTY
VIA Survey and its licensors own all right, title and interest, including without limitation all intellectual property rights in and to the Website and all materials provided on the Website (and any derivative works or enhancements thereto). Additionally, all trademarks, service marks, trade names and trade dress that may appear on the Website are owned by us, our licensors, or both. You shall not acquire any right, title, or interest therein, except for the limited use rights expressly set forth in this User Agreement. Any rights not expressly granted herein are reserved.
3. MEMBERSHIP
(A) You must be 13 years of age or older to register as a member of the Website (a "Member") or otherwise use the Website. If you are under the age of 13, you are not allowed to register and become a member or access certain areas or features of the Website. Membership is void where prohibited.
(B) If you become a Member, you will be asked to create a User Name and password (an “Account”), which will permit you to access certain areas or features of the Website that will not be available to non-registered users. Your User Name may be creative and does not have to be your actual name. Please choose your User Name carefully as your User Name may be posted in connection with your Content (please see Section below). VIA Survey reserves the right in its sole discretion to reject your User Name for any reason.
(C) In addition to your User Name, if you become a Member you will also be asked to provide other information to VIA Survey during the registration process. Such information may include your email address, age, gender, postal code and education level. With respect to this information, you agree to provide true, accurate and complete registration information and, if such information changes, you agree to promptly update the relevant registration information. You are responsible for safeguarding and maintaining the confidentiality of your Account. You agree that you are solely responsible for activity that occurs under your Account, whether or not you have authorized such activities or action. You agree to notify VIA Survey immediately of any breach of security or unauthorized use of your Account.
(D) If you become a Member, you will be able do things such as participate in public forums, setup a profile, and post Content. Although you are required to provide accurate registration information, you may exercise some “creative license” in these public forums. Please remember that any information that is disclosed in such a way becomes public information and you should exercise caution in what information you disclose.
4. WEBSITE TERMS
(A) Permitted Use of Website. The Website is provided for your personal, non-commercial use except as permitted in this Agreement. Except as expressly permitted herein, you may not use, reproduce, distribute, create derivative works based upon, display, perform, transmit, publish, or otherwise exploit the Website, Content, or any other material on this Website for any purpose whatsoever without the prior written consent of VIA Survey or, in the case third-party content, its respective owner.
(B) Prohibited Activities. You agree that you will not:
(i) remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the Website, Content, or any other material on this Website. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of the Website, Content, or other material on this Website.
(ii) use any automatic device (such as a robot or spider) or manual process to copy the Website, Content, or other material on this Website for any purpose without the express written permission of VIA Survey. Notwithstanding the foregoing, VIA Survey grants public search engine operators permission to use automatic devices (such as robots or spiders) to copy Content and other material on this Website for the sole purpose of creating (and only to the extent necessary to create) a searchable index that is available to the public. VIA Survey reserves the right to revoke this permission at any time.
(iii) collect or harvest any personally identifiable information from the Website including, without limitation, user names, passwords, and email addresses.
(iv) attempt to interfere with the proper working of the Website or impair, overburden, or disable the same. You may not decompile, reverse engineer, or disassemble any portion of this Website. Nor may you use network-monitoring software to determine the Website architecture and/or extract usage data.
(C) Prohibited Use of Website. You agree that you will not use the Website to:
(i) transmit any content that is defamatory, libelous, invasive of privacy or publicity rights, pornographic, harmful, threatening, abusive, harassing, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable;
(ii) transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
(iii) transmit available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(iv) intimidate or harass another;
(v) use or attempt to use another's Account, service or system without written authorization from VIA Survey;; or
(vi) transmit any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
(D) Permitted Use of Content. The use of Content submitted by users is governed by Sections 5 and 6.
(E) Representations, Warranties, and Covenants. You represent, warrant, and covenant to VIA Survey that:
(i) you are fully competent to enter into this User Agreement and have full power and authority to do the same;
(ii) the execution and delivery of this User Agreement and the performance of your obligations hereunder will not constitute a breach or default or otherwise violate any agreement to which you or any of your affiliates are a party;
(iii) you will use the Website in compliance with applicable laws and regulations; and
(iv) you will cooperate fully with VIA Survey to investigate any suspected or actual activity that is in breach of this User Agreement.
(F) Third Party Links and Content
(i) The Website may contain links to other websites maintained by third parties. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on or through the Website does not imply approval or endorsement of the linked website by us. If you decide to leave the Website and access these third-party sites, you do so at your own risk.
(ii) In many instances, the content available through VIA Survey represents the opinions and judgments of the respective information provider. VIA Survey neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the Website by anyone other than authorized VIA Survey employee spokespersons acting in their official capacities. Under no circumstances will VIA Survey be liable for any loss or damage caused by a user’s reliance on information obtained through VIA Survey. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through VIA Survey.
5. SUBMISSION OF CONTENT
(A) Responsibility for Content. You are solely responsible any Content that you upload, post, email, transmit, or otherwise make available (hereinafter, "post") on or through the Website. VIA Survey shall have the right, but not the obligation, to monitor the Content. In addition, VIA Survey shall have the right in its sole discretion and for any reason whatsoever to edit, mark the board containing the Content as “private”, refuse to accept or post, remove, or disable access to any Content.
(B) License Grant
(i) Subject to the Exception Applicable to Private Content set forth below, by posting Content to any part of the Website, you automatically grant to VIA Survey an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide right and license (with the right to sublicense) to use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, and transmit Content (in whole or in part) as VIA Survey, in its sole discretion, deems appropriate including, without limitation, (1) in connection with the Website and VIA Survey’s business; (2) in connection with the websites and businesses of VIA Survey’s affiliates, parents, subsidiaries, and their related companies; and (3) in connection with the websites and businesses of VIA Survey’s business partners and users. Without limiting the generality of the foregoing you acknowledge that these rights include, without limitation, the right to create and sell (and the right to allow others to create and sell) greeting cards, photo albums, diaries, journals, books, posters, calendars, and apparel such as hats and shirts which may include your Content. In addition, you acknowledge that these rights include the right to display advertisements in connection with your Content; to use your Content for advertising, promotional, to use your Content for other commercial purposes; and to allow others to do the same.
(ii) In order to facilitate the posting and storage of the Content on the Website, when you post Content to any part of the Website you automatically grant to VIA Survey an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide right and license (with the right to sublicense) to use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, and transmit Content (in whole or in part) as VIA Survey deems necessary.
(iii) By submitting Content to VIA Survey, you also grant VIA Survey the right, but not the obligation to use your User Name in connection with your Content and you also grant VIA Survey the right to grant others to do the same. Notwithstanding the foregoing, you waive any and all claims you may now or later have in any jurisdiction to so-called “moral rights” or rights of “droit moral” with respect to the Content.
(iv) The grants in this Section 5(B) may be exercised in any format, media or technology now known or hereafter developed for the full term of any copyright that may exist in such Content.
(C) Exception Applicable to Private Content. The Website may now or in the future have functionality that will allow you or others to classify certain areas of the Website as “private” (each a “Private Board”). When a Private Board is created, the creator may have the option of allowing only certain groups or users to access and view the Private Board including the Content posted on it. The grants made in Section 5(B)(i) (above) shall not apply to Content posted on a Private Board unless the Content becomes public by any means, whether through the creator of the Private Board’s later decision to remove the “private” classification or by system malfunction. Moreover, if the designation of a public board changes to “private” (regardless of whether the designation is changed by you, another user, or VIA Survey), then any rights and licenses previously granted hereunder will remain in full force and effect and survive.
(D) Content Removal. Notwithstanding the foregoing, you may be able to remove your Content from the Website. If you choose to remove your Content, you acknowledge that VIA Survey may retain archived copies of your Content. In addition, even if you remove your Content, any rights and licenses previously granted by you will remain in full force and effect and survive.
(E) Representations, Warranties, and Covenants. You represent, warrant, and covenant to VIA Survey that:
(i) the Content will not violate or infringe upon the rights of any third party including, without limitation, copyright, moral right, trademark, privacy, publicity or other personal or proprietary rights or contain libelous, defamatory or otherwise unlawful material;
(ii) you are the sole owner of the Content and its copyright and you have the right to grant VIASurvey the rights and licenses in the Content set forth and referenced in this Agreement;
(iii) you have and will maintain throughout your use of or access to the Website all rights, authorizations, consents and licenses that are required for you to be able to grant the rights and licenses in the Content set forth and referenced in this Agreement and that such rights, authorizations, consents and licenses have been obtained in compliance with all applicable laws, rules and regulations and without violating any rights or interest of any third party;
(iv) your Content does not violate any law or regulation;
(v) your Content will not contain any “back door,” “trap door,” “time bomb,” “Trojan Horse” or other computer programming routines or viruses that are intended to damage, interfere with or intercept any system data or personal information, permit access to or use of the Website or other software or hardware by unauthorized parties or disable or damage any portion of the Website or content stored therein;
(vi) your Content is not pornographic, harmful, threatening, abusive, harassing, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable;
(vii) You do not hold membership in any trade group or collective society or organization that would impair your obligations under this Agreement or impose additional obligations on VIA Survey;
(viii) the Content does not contain any illegal material or promote activities that are illegal; and
(ix) the Content does not include any personal information such as phone numbers, social security numbers, account numbers, addresses, or employer references
6. USE OF CONTENT
(A) Sublicense Grant. VIA Survey grants to you a revocable, non-exclusive, non-transferable, sublicense to use the Content in accordance with the licenses set forth below. This sublicense is conditioned upon your compliance with the terms of this Agreement and will immediately terminate upon your failure to comply with the same.
(i) Non-Commercial License. Subject to the restrictions in this Agreement, you may reproduce, distribute, publicly display, publicly perform, and transmit Content as well as create derivative works based upon Content solely for your personal, non-commercial use as permitted by the Website’s functionality, this Agreement, or both.
(ii) Commercial License. Subject to the restrictions in this Agreement, you may reproduce, distribute, publicly display, publicly perform, and transmit Content as well as create certain derivative works based upon Content for commercial purposes provided that you shall not use more than five (5) individual items of Content from any single Member in any reproduction, distribution, public display, public performance, transmission or derivative work permitted hereunder without the prior written consent of VIA Survey. Under this Commercial License grant, you are limited to a maximum of 1,000 reproductions or distributions of any work that contains Content, or derivative works based upon Content, regardless of media type (i.e. whether in “hard copy” print format or a non-print format such as digital or electronic files).
(iii) Other Licenses. If you have a request that does not fall within the scope of the above licenses, please contact VIA Survey at [insert contact].
(B) Additional Restrictions. The following additional restrictions apply to your use of Content licensed to you hereunder:
(i) You shall not sublicense, resell, transfer, or assign to any third party the Content or any rights thereto or the rights granted to you under this license.
(ii) You shall not use Content in a manner that would be defamatory, pornographic or obscene, whether directly or in context or juxtaposition with specific subject matter; violate a depicted person’s right of privacy or publicity; and/or infringe any trade name, trademark or service mark.
(iii) You shall not incorporate Content into a logo, trademark, or service mark.
(iv) You shall not use Content in a manner that creates the impression that VIA Survey or the Member who contributed an item of Content personally uses or endorses a product or service.
(v) You shall not remove copyright notices, restricted rights legends, copyright management information, or any other proprietary notices from the Content.
(C) Attribution Requirement. If you publicly display, publicly perform, or distribute Content or a derivative work based upon Content, then you must include a copyright notice and credit adjacent to each item of Content. The copyright notice should be formatted as follows: “© [Year] [Member’s name as specified on each web page on which you viewed the Content], reprinted with permission from VIA Survey LLC ”. [Question: Is this attribution requirement appropriate? yes]
7. COPYRIGHT POLICY
(A) VIA Survey respects others’ intellectual property rights and expects its users to do the same. In appropriate circumstances, and at its sole discretion, VIA Survey may terminate and/or disable the Accounts of users who it suspects to be infringers of the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances, and in its sole discretion, VIA Survey may remove, or disable access to, material on its website or hosted on its systems that may be infringing or the subject of infringing activity.
(B) In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), VIA Survey will respond promptly to claims of copyright infringement that are reported to the agent that VIA Survey has designated to receive notifications of claims infringement (its “Designated Agent”). VIA Survey’s Designated Agent is:
Debra S. PingerThe Mayerson Foundation
312 Walnut Street, Suite 3600
Cincinnati, Ohio 45202
513-621-7500.
(fax) 513-621-2864
debp@mayersonfoundation.org
(C) If you are a copyright owner (or authorized to act on behalf of the copyright owner) and believe that your work’s copyright has been infringed, please report your notice of infringement to VIA Survey by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) 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 us to locate the material.
(iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
(v) 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, its agent, or the law.
(vi) 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.
VIA Survey will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
8. MEMBER DISPUTES
You are solely responsible for your interactions with other users and Members. We reserve the right, but have no obligation, to monitor disputes between you and other users or Members. If there is such a dispute, you hereby release VIA Survey and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies from claims, demands, and damages of every kind or nature arising out of, relating to, or in any way connected with such dispute.
9. PRIVACY
VIA Survey has established a Privacy Policy to explain how user information is collected and used by us. A copy of this Privacy Policy can be found here: [insert link] and is incorporated by reference into this User Agreement. By accessing or using any of our Websites, you are signifying your acknowledgement and agreement to our Privacy Policy
10. INDEMNIFICATION
You agree to indemnify and hold VIA Survey and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies harmless from and against any loss, liability, claim, or demand, including reasonable attorney's fees, arising out of any claim, action, investigation or proceeding made or instituted by any third party arising out of, relating to, or in any way connected with (i) any actual or alleged violation or breach by you of this Agreement; (ii) Content provided by you or through use of your Account; (iii) your violation of any third party intellectual property right including, without limitation, any copyright, trademark, patent, trade secret, moral right, or other proprietary right; (iv) any claim that your Content caused damage to a third party; (v) your violation of any law or the rights of a third party; and (vi) any act or omission by you or anyone acting at your direction or under your control or supervision.
11. DISCLAIMERS
(A) VIA Survey is not responsible for any incorrect or inaccurate content posted on or in connection with the Website, whether posted or caused by users of the Website, Members, or by any of the equipment or programming associated with or utilized in the Website. VIA Survey is not responsible for the conduct, whether online or offline, of any user of the Website or Member. The Website may be temporarily unavailable from time to time for maintenance or other reasons. VIA Survey assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. VIA Survey is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Website. Under no circumstances will VIA Survey be responsible for any loss or damage resulting from anyone's use of the Website, any content posted on or through the Website or transmitted to Members, or any interactions between users of the Website or Members, whether online or offline.
(B) THE WEBSITE AND THE CONTENT ARE PROVIDED "AS-IS" AND ON AN “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. VIA Survey, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY (1) WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, OR INFORMATIONAL CONTENT OF THE WEBSITE , CONTENT OR OTHER MATERIAL ON THIS WEBSITE; AND (3) WARRANTIES FOR PRODUCTS OR SERVICES RECEIVED THROUGH OR ADVERTISED ON WEBSITE OR ACCESSED THROUGH ANY LINKS ON WEBSITE.
(C) VIA Survey CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE.
12. LIMITATION OR LIABILITY
(A) IN NO EVENT WILL VIA Survey AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM, RELATING TO, OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE, CONTENT, OR OTHER MATERIALS ON THE WEBSITE EVEN IF VIA Survey IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(B) YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER VIA Survey NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER MEMBERS OR THIRD PARTIES, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
(C) NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, VIA Survey’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF: (A) THE AMOUNT PAID, IF ANY, BY YOU TO VIA Survey DURING THE PRECEDING TWELVE (12) MONTH PERIOD; OR (B) ONE HUNDRED DOLLARS ($100).
(D) CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
13. TERMINATION
(A) The license granted to you in Section 6(A) hereunder will terminate automatically upon any breach by you of the terms of this Agreement. In our sole discretion, we may terminate or suspend your Account and/or prohibit you from using or accessing the Website for any reason, at any time without notice. You agree that VIA Survey will not be liable to you or any third party for any termination or suspension of your Account or for blocking your access to the Website.
(B) Any suspension or termination shall not affect your obligations to VIA Survey under this User Agreement (including, but not limited to, your indemnification obligations). Sections 2, 4(E), 5, 7, 8, 10, 11, 12, , 14, 15, and 14 shall survive any expiration or termination of this User Agreement.
14. GOVERNING LAW AND JURISDICTION
(A) You agree that the laws of the State of Ohio, without regard to principles of conflict of laws, will govern this User Agreement and any dispute of any sort that might arise between you and VIA Survey or any of its affiliates.
(B) Any legal proceedings that may arise out of, relate to, or be in any way connected with this User Agreement or this Website shall be brought in the state and federal courts located in Hamilton County, Ohio and the parties agree to submit to the exclusive jurisdiction and venue of the same.
15. MODIFICATION
We reserve the right at our sole discretion to modify this User Agreement at any time. All modified terms will become effective immediately upon notice, either by posting on this page of the Website or by notification by email or conventional mail. It is your responsibility to regularly review this User Agreement for any changes. Your access and use of the Website following any revision of this User Agreement will signify your assent to and acceptance of the revised terms. If you object to any subsequent revision to the User Agreement, you may terminate your Account as provided in Section 13 herein or, if you do not have an Account, your only recourse is to immediately discontinue use of the Website.
16. OTHER
This User Agreement, together with the Privacy Policy and any other VIA Survey policies that may be posted by us on the Website, constitute the entire agreement between you and VIA Survey regarding the use of the Website, superseding any prior agreements between you and VIA Survey relating to your use of the Website. The failure of VIA Survey to exercise or enforce any right or provision of this User Agreement shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The section headings used in this User Agreement are for convenience only and shall not be given any legal import. You shall not assign this User Agreement or assign any rights or delegate any of your obligations hereunder, in whole or in part, without the prior written consent of VIA Survey. Any such purported assignment or delegation by you without prior written consent of VIA Survey will be null and void and of no force and effect. VIA Survey may assign this User Agreement or any rights hereunder without your consent and without notice.
17. CONTACTING US
(A) If you have any questions about this User Agreement, please contact us at admin@VIASurvey.com or debp@scrippscenter.org.
Privacy Policy.
We know that you care how information about you is used and safeguarded. Your responses to questionnaires on this Web site are entirely voluntary and will be used, anonymously, in ongoing research by Dr. Seligman, the Values in Action Institute, and the creators of the questionnaires. By visiting authentichappiness.org and completing the questionnaires, you are accepting the practices described in this Privacy Notice.
What We Collect and How We Use It - Registration
During registration, we ask you to tell us a bit about yourself, including your date of birth, your sex, your Zip Code (or your country if you live outside the U.S.), how much formal education you have received, and your occupation. We use these to tell you how your scores on the questionnaires compare to those of others who are like you in age, sex, geographic location, education, and occupation. We also use them to compute statistics for our research on how these factors affect happiness and strengths.
We also ask you, during registration, to give us your e-mail address, the answer to a security question that only you would be likely to know, and a name that you would like to use. These are for your benefit. They make it easier for you to remember how to log in here. They make it possible for us to tell you your password if you forget it. And they help you be sure that you are looking at your own records if you share your computer with another user of this site. We display your name when you log in and include it in your printable My Scores report. If you do not want to share your real name, you can make up a name.
We may also use your e-mail address and name to send out occasional e-mail messages inviting you to participate in other positive psychology research or advising you of new positive psychology resources.
You are not required to give us your real e-mail address or name, but we hope that you will in case you need any help with your account. To protect your privacy, if we receive a request for information about your account, the response will be sent to the registered address, not the one making the request, unless we can verify that the registered address is an invalid or defective address and that the person making the request is the person who created the account.
What We Collect and How We Use It - Questionnaires
We also collect your responses to the questionnaires on this site and store these, along with your scores, on our database server. We will never report your individual responses or scores to others, except as described below. We will include your scores and responses in reports, publications, lectures, and Web sites only in summaries of groups of site users. We will not include your responses in the comparisons we provide on this site until there are at least 50 surveys from people in the same category (a geographic area, age range, occupational group, etc.).
You are not required to provide us with any of this data, but if you choose to submit the registration form or any of the questionnaires, you must answer all of the questions to receive your scores.
What We Share
Other researchers have allowed us to use their questionnaires on this Web site. In return, we share your responses with them for their own research. They may receive the responses to their questionnaire, plus the age, sex, geographic location, education, and occupation categories of the person who provided them. They do not receive your name or e-mail address.
For the development and maintenance of this Web site, we contract with other organizations that might require access to the data collected on this Web site, solely for the purpose of assisting in the operations of this Web site. These organizations are bound by strict confidentiality requirements.
We may also share this same information with our graduate students and research partners for their own positive psychology research projects. Again, no identifying information will be included.
How We Use Cookies
We will not place any cookies in your browser without your consent. When cookies are allowed they will only be used to manage each session you have at the web site. The cookies make sure that you and only you are able to view your scores, and will never contain any personal information about you. When you close your browser, or log off the site, these cookies will be deleted.
Information Collected from Children
This Web site is not targeted at children under the age of 13. No one under the age of 13 may register to use the site. We include one questionnaire suitable for children ages 8 to 17. It assesses a child's top five strengths and provides a comparison to other children of the same sex and in the same age group. Those who are under age 13 must have a parent, guardian, or other adult authorized by a parent or guardian log in as a registered user to gain access to the questionnaire. We present sample questions before beginning the survey to help parents decide if it is appropriate for their child, and we ask you to select an anonymous screen name for the child to use. This name is used only to label your different children's scores.
We do not ask for the child's name, address, geographic location, e-mail address, or other information that could be used to identify or locate a child, except through you.
Web-Related Information We Collect Automatically
Like almost all Web sites, we automatically collect information on all requests for pages from our Web server. We collect the IP address of your Internet connection (which generally does not identify you unless your Internet service provider has assigned you a static IP address), the type of browser you used, what you requested, and what was sent. This helps us understand usage of the Web site and allows us to produce aggregate statistics on usage.
Security of the Data We Collect
We take reasonable technical, administrative, and physical precautions to keep your information secure. For example, we store your responses in a password-protected database and data you send to us or we send to you is SSL-encrypted.
Changes
We retain the right to change this Privacy Statement. If we do, the revised Privacy Statement would apply only prospectively to future data collected. We will post changes to this page in a prompt manner. This statement is effective as of December 5, 2005.