TERMS OF USE | Effective 1/9/2023
COPYWRIGHTS
All content and functionality on the Site, including text, graphics, logos, icons, images, and videos, as well as their selection and arrangement, are the exclusive property of Demoscopic Analytics, as are any concepts, know-how, tools, frameworks, software, applications, or other technology, algorithms, models, processes, and industry perspectives underlying or embedded in the foregoing, as well as any enhancements to or derivative works thereof (the "Site Content"). Except for the uses specified in SITE CONTENT USAGE, neither the Site Content nor the functionality of the Site may be copied, reproduced, modified, reverse engineered, altered (including the removal or disabling of any security or technological safeguards, disclaimers, or legends), uploaded, published, uploaded, posted, transmitted, or distributed in any way without our written permission. All non-expressly granted rights are reserved.
TRADEMARKS
The trademarks, service marks, designs, and logos shown on the Site (collectively, the "Trademarks") are registered and unregistered Trademarks of Demoscopic Analytics and its licensors. You agree that, except as expressly permitted by us (e.g., through social media sharing tools provided on the Site) or our licensors, where applicable, you will not refer to or attribute any information to Demoscopic Analytics or its licensors in any public medium (e.g., press release, websites, or public social media) for advertising or promotion purposes, or to inform or influence any third party, and that you will not use or reproduce any Trademark.
SITE CONTENT USAGE
Demoscopic Analytics hereby grants you a limited, non-exclusive, non-transferable, revocable license for the term of this agreement to access and download, display, and print one copy of the Site Content on any single computer solely for your internal, business use, provided that you do not modify the Site Content in any way (including creating derivative works thereof), that you retain all copyright and other proprietary notices displayed on the Site Content, and that you otherwise comply. You may not otherwise duplicate, edit, reverse engineer, distribute, transmit, post, or disclose the Site Content without Demoscopic Analytics' prior written approval.
Furthermore, without Demoscopic Analytics' prior written authorization, you may not "mirror" the Site Content or any portion of it. Except as specifically stated below, nothing on this Site should be regarded as providing, directly or indirectly, or by implication, any license or permission to use any Demoscopic Analytics intellectual property. If you do not comply with these Terms, the license granted in this section will be automatically and immediately terminated.
USER POSTINGS
You understand and agree that Demoscopic Analytics shall own and have the unfettered right to use, publish, and otherwise exploit any and all information that you submit or otherwise publish on the Site in posts, forums or message boards, questionnaires, survey replies, and elsewhere. You acknowledge and agree that by sending us any such submission, you automatically grant—and hereby do grant—to us a worldwide, non-exclusive, transferable, assignable, sub-licensable, perpetual, irrevocable license and right to use, reproduce, publish, distribute, modify, and otherwise exploit—and not be infringed upon—such submission for any purpose and in any form or media. Additionally, you renounce all claims against Demoscopic Analytics for any alleged or real violations of any moral rights, intellectual property rights, privacy rights, or publicity rights in connection with the use and dissemination of such contributions by Demoscopic Analytics.
You agree that you will not upload or otherwise publish on the Site any content that (a) is threatening, libelous, defamatory, or obscene; (b) would be illegal, give rise to civil liability, or otherwise violate the law; (c) violates the rights of another party's intellectual property or privacy; (d) contains a computer virus or other harmful component; (e) contains advertising; or (f) that encourages behavior that would be illegal, give rise to civil liability. Demoscopic Analytics makes no representations or warranties about the authenticity or dependability of information supplied by users on the Site. Furthermore, Demoscopic Analytics does not and cannot examine every information uploaded by users on the Site, and is not liable for such material. Demoscopic Analytics, however, maintains the right to refuse to post and to remove any information, in whole or in part, for any reason or no reason.
INFRINGEMENT & TAKEDOWN BY DEMOSCOPIC ANALYTICS
Demoscopic Analytics bans the uploading of any information that infringes or violates any person's or entity's copyright rights and/or other intellectual property rights (including privacy and publicity rights). If you believe that any content on the Site infringes on your intellectual property right (or a right that you are responsible for enforcing), please write to Demoscopic Analytics at the address shown below, providing a written statement that includes: (a) identification of the allegedly infringing copyrighted work and/or intellectual property right; (b) identification of the allegedly infringing item on the Site that is asked to be deleted; (c) your name, address, daytime phone number, and e-mail address; (d) a declaration that you have a good faith belief that the use of the copyrighted work and/or the exercise of the intellectual property right is not permitted by the owner, its agent, or the law; (e) a declaration that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly being infringed; and (f) the assertion of infringement bearing the signature of the owner of the intellectual property right or a representative duly appointed by the owner.
Upon receiving a claim (or a claim in accordance with 17 U.S.C. 512(c)(3)), Demoscopic Analytics will delete any uploaded submission that violates the copyright or other intellectual property rights of any person under U.S. law. A fraudulent submission of such a statement is subject to severe penalties under US law. People who consistently submit infringing or illegal content may be barred from publishing future submissions under the right conditions.
DISCLAIMERS
THE INFORMATION AND FUNCTIONALITY ON THE SITE IS PROVIDED WITH THE UNDERSTANDING THAT DEMOSCOPIC ANALYTICS IS NOT HEREIN ENGAGED IN RENDERING PROFESSIONAL ADVICE OR SERVICES TO YOU, THAT NO SITE CONTENT IS INTENDED TO SERVE AS OR SHALL BE DEEMED INVESTMENT, LEGAL, TAX, ACCOUNTING OR OTHER REGULATED ADVICE, THAT YOU SHALL REMAIN SOLELY RESPONSIBLE INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL CONTENT AND FUNCTIONALITY ON THE SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY DEMOSCOPIC ANALYTICS AND ITS THIRD-PARTY CONTENT PROVIDERS AS TO OWNERSHIP, ACCURACY OR ADEQUACY OF THE SITE CONTENT. DEMOSCOPIC ANALYTICS SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY INFORMATION CONTAINED ON LINKED WEBSITES, IN ANY USER SUBMISSIONS POSTED ON THE SITE, OR PROVIDED BY THIRD PARTIES. REGARDLESS OF WHETHER THEY WERE INFORMED OF THE LIKELIHOOD OF SUCH DAMAGES OR LOSSES, DEMOSCOPIC ANALYTICS AND ITS THIRD-PARTY CONTENT PROVIDERS DISCLAIM ANY RESPONSIBILITY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR LOSSES AS WELL AS LOST REVENUES OR PROFITS.
INDEMNIFICATION
You hereby release Demoscopic Analytics and all of its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives, and attorneys (collectively, "Demoscopic Analytics Indemnified Parties") from any and all liability, costs, and other losses (collectively, "Losses") incurred by Demoscopic Analytics in connection with any claims resulting from your use of the Site and/or any violation by you of these Terms, including any statements, warranties, and covenants you made, if any, by agreeing to these Terms. Demoscopic Analytics maintains the right to take sole responsibility for the defense and management of any issue that would otherwise be subject to your indemnification.
THIRD-PARTY CONTENT
We could link to third-party websites, and some of the content appearing to be on this website is actually maintained, supplied, or furnished directly or indirectly by other parties, as in cases where third-party websites are framed or third-party server content is included. These third-party websites are under the terms of use and privacy policies, if any, of the relevant third-party content providers, and Demoscopic Analytics is not responsible for them.
GOVERNING LAW & JURISDICTION
The laws of the State of Texas shall govern these Terms, without regard to its provisions on the applicability of its conflict of laws.