Revised March 23, 2017
Thank you for choosing Calibrum for your research platform!
Our goal is to provide you with a best-in-industry software-as-a-service platform that’s super functional and reliable. In order to achieve that goal, we need to make certain legal declarations to ensure that our Service is being used in a reasonable, safe, and legal way. These Terms may be updated from time to time. Notice of modifications to these Terms will appear on Calibrum’ login page. We encourage you to refer to these Terms regularly to ensure your compliance.
If there exists a valid license agreement between Calibrum and your organization, those terms take precedence over these terms.
1. ACCEPTANCE OF TERMS
PLEASE READ THESE TERMS OF SERVICE (“TERMS”) CAREFULLY BEFORE USING CALIBRUM.COM OR PEOPLEANALYTICS360.COM OR THE CALIBRUM SERVICE. BY USING THE WEB SITE OR THE SERVICE, YOU INDICATE YOUR ACCEPTANCE OF THIS ENTIRE AGREEMENT.
2. DESCRIPTION OF CALIBRUM SERVICES
2.1 Calibrum, Inc. (“Calibrum” or “We”) provides the service of data warehousing, web site hosting, web intercepts, emailing survey invitations, and the analysis of research and surveys (“Service” or “Services”).
2.2 For purposes of these Terms, “You,” “User” and “Users” also refers to any person accessing the Calibrum Service by any method either on your behalf or on behalf of the contracting entity (“Licensee”).
2.3 For purposes of these Terms, content includes any questions, responses, panels, and other information (“Content”).
2.4 Subject to your compliance with these Terms and your payment of any applicable fees, Calibrum grants You a non-exclusive, non-transferable, royalty-free, revocable license and lease to use the Services for your own internal business purposes.
2.5 Calibrum may make modifications to the Services at any time, as it deems appropriate, and in its sole discretion.
3. YOUR CONTENT
3.1 You own all right, title and interest in all Content entered into the Service including the survey look and feel, panelists, and survey responses. In addition, all reports and downloads derived from your Content are also owned by You. All such Content are deemed Confidential Information as described below and will not be utilized by Calibrum for any purpose other than to perform its obligations as the Service provider.
3.2 We do not sell or make available specific information about our customers or their data, except in cooperation with law enforcement in regards to violations of applicable laws. We maintain a database of user information that is used only for internal purposes such as technical support, notifying users of changes, or enhancements to the Service.
3.3 Acceptable Usage:
A. Calibrum Services are designed to be used by valid research users and survey takers using a modern web browser/operating system and an Internet connection.
B. You are responsible for controlling access to your account including creating a strong password and protecting that password, and to prevent unauthorized account usage or users.
C. You are responsible for creating backups of your own Content.
D. You may perform a vulnerability assessment or penetration test on the Service only with permission from the Calibrum Security team (email@example.com).The results from any assessment or test are considered Confidential Information as defined below.
E. When emailing surveys or invitations to surveys, You are responsible to ensure that the recipients have opted in to, or otherwise validly consented to, receiving communications from You.
3.4 Unacceptable Usage:
A. You are solely responsible for all Content, and may be held legally liable for your survey(s) or for the manner in which your Content is distributed to third parties. Calibrum does not monitor your Content. However, we reserve the right to remove any Content from our Service that we determine is in violation of our Terms.
B. Calibrum may suspend Your account at any time without notice for conduct that violates these Terms. Additionally, Users who violate these Terms or have knowledge of misuse in their surveys or accounts are subject to legal liability and prosecution. The following is a non-exhaustive list of content and behaviors that are UNACCEPTABLE to Calibrum.
Users may not:
a) Reverse engineer or tamper with the security of any Calibrum software.
b) Make unauthorized copies of any content in the Calibrum software.
c) Except for valid research purposes, upload Content that contains or contains links to: nudity, pornography, adult content, sex, profanity, or foul language.
d) Upload Content that condones, promotes, contains, or links to warez, cracks, hacks, their associated utilities, or other piracy related information, whether for educational purposes or not.
e) Upload Content that infringes any copyrights, trademarks, patents, trade secrets or other intellectual property.
f) Upload Content that is racist or otherwise extremely offensive to others, including content that aggravates, harasses, threatens, defames or abuses others.
g) Upload or display Content that exploits images of children under 18 years of age.
h) Upload binary files or executable code.
C. Regarding email messages sent through the Service, users must comply with all applicable laws including the CAN-SPAM Act of 2003. You agree not to send email messages to any person that has opted out or otherwise objected to receiving messages from you or another sender on whose behalf you may be acting. In plain words, you agree not to send SPAM.
4. CALIBRUM SOFTWARE
4.1 Calibrum owns all right, title and interest in and to the Services as delivered, all related software and technology, and all Calibrum content provided in connection with the Services, including all intellectual property rights in the foregoing. Nothing contained on this web site should be construed as granting any license or right to use any trademark without the prior written permission of Calibrum.
4.2 Calibrum reserves the right to include traffic generated by all web sites it hosts in its overall accounting of page views, unique users, and other usage measures. This includes providing web traffic measurement companies with all URLs hosted by Calibrum for use in their projection of Calibrum’ overall traffic.
5. CONFIDENTIAL INFORMATION
To the extent allowed by law, You agree to indemnify and hold harmless Calibrum against any and all claims and expenses, including reasonable attorneys’ fees, arising from the use of Calibrum’ services and this web site. This indemnification expressly includes your responsibility for any and all liability arising from the violation or infringement of copyrights, trademarks or other proprietary rights and from the use of any libelous or unlawful material contained within your survey or web site.
Calibrum reserves the right to suspend or terminate your use of the web site and the Services at any time, without notice, if You are found in violation of our Your Content restrictions.
8. LIMITATION OF WARRANTIES
ALL CALIBRUM PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. CALIBRUM DOES NOT WARRANT THAT THE SERVICES OR ITS SOFTWARE WILL BE ERROR-FREE OR THAT ALL NON-CONFORMITIES CAN OR WILL BE CORRECTED. CALIBRUM MAKES NO IMPLIED OR EXPRESS WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ITS SERVICES OR THIS WEB SITE. CALIBRUM DOES NOT MAKE ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS WITH RESPECT TO ANY THIRD PARTY CONTENT, EXPRESS OR IMPLIED.
9. LIMITATION OF LIABILITY
9.1 CALIBRUM DISCLAIMS ANY LIABILITY FOR DAMAGES CAUSED BY ITS SERVICES OR THE CONTENTS OF THIS WEB SITE, UNLESS DUE TO ITS INTENTIONAL WRONGDOING. CALIBRUM’ TOTAL LIABILITY FOR ANY CLAIM OR DAMAGE ARISING OUT OF OR RELATED TO ITS SERVICES OR WEB SITE IS LIMITED TO YOUR DIRECT DAMAGES, WHICH SHALL NOT EXCEED THE FEES YOU HAVE PAID TO THE COMPANY. IN NO EVENT SHALL CALIBRUM BE LIABLE FOR LOST PROFITS, LOST DATA, INTERRUPTIONS OF BUSINESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEB SITE OR THE SERVICES OR PRODUCTS, REGARDLESS OF WHETHER CALIBRUM HAS NOTICE OF THE POTENTIAL FOR SUCH LOSS OR DAMAGE.
9.2 Calibrum makes no guarantee of the accuracy, correctness, or completeness of any information on these web pages, surveys, databases, or results, and are not responsible for a) any errors or omissions arising from the use of such information; 2) any failures, delays, or interruptions in the delivery of any content or services contained on our servers; or 3) losses or damages arising from the use of the content or services provided by Calibrum.
10. OTHER TERMS.
10.2 Assignment Restrictions: You are not permitted to sublicense the Services to third parties without prior written permission of Calibrum.
10.3 Choice of Law and Forum: These Terms will be governed by the laws of the United States.
10.4 Severability: In the event that any one or more of these provisions should be held invalid, illegal or unenforceable, such provisions will be modified, if possible, to the minimum extent necessary to make them valid and enforceable, or if they cannot be so modified, then severed, and the remaining provisions contained herein will not in any way be affected or impaired.
10.5 Waiver: Calibrum failure to enforce strict performance of any provision of these Terms does not constitute a waiver of the right to subsequently enforce such provision.
10.6 Third Party Beneficiaries: These Terms create no rights for third party beneficiaries.
Questions regarding this policy may be sent to firstname.lastname@example.org.