1. Use of the Services
About the Services. The Services include, but are not limited, to provision of software-as-a-service for creation and maintenance of polls, surveys, quizzes, slideshows, lists, stories and forms (collectively, the “Products”), and embedding of such Products to online sources, including websites.
You may use the Services only if you have a capacity to form a binding contract with Opinion Stage, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. If you do not agree with one or more provisions of the Terms, please do not use the Services.
You must provide true, accurate, and up-to-date information when you create your user account for the Services.
You have to be 18 years of age and above to use the Services.
Opinion Stage may, without prior notice, change the Services, stop providing the Services or certain features of the Services to you or to users generally, or create usage limits for the Services.
Opinion Stage's License to you. Subject to these Terms, Opinion Stage grants you a limited, revocable, non-exclusive, non-assignable, non-transferable, non-sublicensable license to access and use the Services and embed any Products into your own website using the embed code options provided by Opinion Stage. The Products are made available “as is” and Opinion Stage makes no warranties of any kind and in no event makes any promises or guarantees that the Products are free of bugs or errors. Opinion Stage also makes no guarantees that the Products are free of 3rd party copyrights. In case of doubt, publishers should contact the respective creator.
2. User Content
"User Content" means any information, text, graphics, or other materials uploaded, downloaded or appearing through the Services. You retain ownership of all User Content you submit, post, display, or otherwise make available through your use of the Services.
User Content may be viewable by other users of the Services and also through third-party services and websites. You should only provide User Content that you are comfortable sharing with others under these Terms.
All User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who generated such User Content. Opinion Stage may, but is not under obligation, monitor or control User Content posted via the Services. Any use of or reliance on any User Content made available through the Services is at your own risk.
You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit.
Opinion Stage does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any User Content or communications posted via the Services or endorse any opinions expressed via the Services.
You understand that, by using the Services, you may be exposed to User Content that might be offensive, harmful, inaccurate or otherwise inappropriate. Under no circumstances will Opinion Stage be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content made available via the Services or broadcast elsewhere. If you have detected any User Content that violates the Terms or, in your opinion, is not appropriate in any manner, please immediately report such User Content to Opinion Stage.
Opinion Stage reserves the right at all times (but will not have an obligation) to remove or refuse to distribute any User Content through the Services and to terminate users or reclaim usernames. Opinion Stage also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Opinion Stage, its users and the public.
You are responsible for your use of the Services, for any User Content you provide, and for any consequences thereof, including the use of your User Content by other users and third-party partners. You understand that your User Content may be republished and if you do not have the right to submit User Content for such use, it may subject you to liability.
Your license to Opinion Stage. By submitting, posting or displaying User Content through the Services, you grant Opinion Stage a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute User Content in any and all media or distribution methods (now known or later developed). Opinion Stage may modify or adapt User Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to User Content as it is necessary to conform and adapt that User Content to any requirements or limitations of any networks, devices, services or media.
3. Copyright policy (DMCA)
Opinion Stage respects the intellectual property rights of others and expects users of the Services to do the same. Opinion Stage will respond to notices of alleged copyright infringement that comply with the applicable law and are properly provided to it.
If you believe that your User Content has been copied in a way that constitutes copyright infringement, please contact Opinion Stage by using the contact details available is Section 12 of the Terms and provide the following information, as required by the Digital Millennium Copyright Act (DMCA):
- A physical or electronic signature of the copyright owner or a person authorized to act on copyright owner’s behalf;
- Identification of the copyrighted work claimed to have been infringed;
- 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;
- Your contact information, including your address, telephone number, and an email address;
- A statement by you 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; and
- 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 copyright owner.
Opinion Stage reserves the right to remove User Content alleged to be infringing or otherwise illegal without prior notice and at its sole discretion. In appropriate circumstances, Opinion Stage will also terminate the user’s account if the user is determined to be a repeat infringer.
4. Code of conduct
If you use the Services, you also agree to the code of conduct outlined in this Section 4, which governs what type of Products you are allowed to create using the Services provided by Opinion Stage. Any violation of these Terms and the code of conduct will result in a sanction imposed by Opinion Stage, including, but not limited to, the deletion of your user account.
You must not do any of the following while accessing or using the Services and creating the Products:
- Use the Services for any unlawful purposes or for promotion of illegal activities;
- Post any User Content (as defined in Section 3 of these Terms) that is explicitly pornographic (including shots of genitals);
- Post any User Content or use the Services in violation of any applicable laws (including intellectual property laws, right of privacy or publicity laws, and any laws of the jurisdiction applicable to you), or any contractual or other legal obligations;
- Post any User Content that is hateful, abusive, threatening, profane, or otherwise objectionable;
- Post any User Content or use the Services to create an impression that you know is incorrect, misleading, or deceptive, including by impersonating others or otherwise misrepresenting your affiliation with a person or entity;
- Publish or post other people’s personal data without their express authorization and permission;
- Use the Services for the purpose of spamming anyone;
- Publish or link to malicious content intended to damage or disrupt another user’s browser or computer or to compromise a user’s privacy;
- Access or tamper with non-public areas of the Services, Opinion Stage’s computer systems, or the technical delivery systems of Opinion Stage’s providers;
- Probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
- Access or search or attempt to access or search the Services by any means (automated or otherwise) other than through the currently available, published interfaces that are provided by Opinion Stage (and only pursuant to the Terms), unless you have been specifically allowed to do so in a separate agreement with Opinion Stage (crawling the Services is permissible in accordance with these Terms, but scraping the Services without the prior consent of Opinion Stage except as permitted by these Terms is expressly prohibited);
- Forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or
- Interfere with or disrupt (or attempt to do so) the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of User Content in such a manner as to interfere with or create an undue burden on the Services.
Opinion Stage may make available one or more APIs for interacting with the Services. Your use of any Opinion Stage API is subject to these Terms and the Opinion Stage API Rules, which will be posted before Opinion Stage makes these APIs available (as part of these Terms).
5. Third-party links
The Services may contain links to third-party websites or resources. You acknowledge and agree that Opinion Stage is not responsible or liable for (i) the availability or accuracy of such third-party websites or resources or (ii) the content, products, or services on or available from such third-party websites or resources. Links to such websites or resources do not imply any endorsement by Opinion Stage of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge your sole responsibility for and assume all risk arising from your use of any such third-party websites or resources.
6. Disclaimer; limitation of liability; indemnification
Your access to and use of the Services or any User Content is at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the extent permitted by the applicable law, OPINION STAGE AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Opinion Stage makes no warranty and disclaims all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services, the User Content, or any content thereon.
Opinion Stage will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any User Content. You also agree that Opinion Stage has no responsibility or liability for the deletion of, or the failure to store or to transmit, any User Content and other communications maintained by the Services. Opinion Stage makes no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Opinion Stage or through the Services, will create any warranty not expressly made herein.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OPINION STAGE AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
- YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES;
- ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES;
- ANY CONTENT OBTAINED FROM THE SERVICES; AND
- UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT OPINION STAGE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
If anyone brings a claim against Opinion Stage related to your actions, your User Content, your use of the Services, or actions or User Content by or from someone using your account, you will indemnify and hold Opinion Stage harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
7. Payment plans; payment terms; refunds
The Services can be provided free of charge (for basic non-commercial use) or on the basis of monthly and annual payment plans (the “Payment Plans”).
Opinion Stage offers a number of monthly and annual Payment Plans customized to your particular needs (e.g., the number of features of the Services, branding possibilities, support services, and the permitted number of views). For more information on the available Payment Plans and the prices of the Payment Plans, please visit https://www.opinionstage.com/pricing.
Prices.The prices for the Payment Plans are displayed in United States dollars (USD), including all applicable taxes. The prices remain valid as long as (i) they are indicated through the Services, (ii) they are communicated to you in writing, or (iii) your Payment Plan lasts. The prices are subject to change without a prior notice.
You can pay for the Services by using your credit card or your PayPal account. Upon your request, Opinion Stage may support payments via a bank transfer (please contact us for more information). All payments for the Services are processed by the third-party payment processors authorized by Opinion Stage, namely, BlueSnap, PayPal, ChargeBee. The third-party payment processors may collect from you payment information, which will allow them to make the payments requested by you. You agree not to hold Opinion Stage liable for payments that do not reach the correct account because you have quoted an incorrect account number or incorrect personal data. You must not pay, or attempt to make, payments through any fraudulent or unlawful means. The Payment Plans are subject to recurring payments that are charged at the beginning of each billing period (month or year) by using the payment method chosen by you.
Cancellation of Payment Plans and refunds
Except as specifically set forth in this section, the Payment Plans are prepaid for the period selected (monthly or yearly) and are nonrefundable.
Free trial. Yearly plans have a 7 days free trial. The free trial period is not subject to any charges and you can cancel your Payment Plan at any time within the period of 7 days. No cancellation fees apply and you will not be charged for the chosen Payment Plan if it has been cancelled during the free trial period. If you choose a monthly Payment Plan, you are not entitled to a free trial period.
Cancelling Payment Plans. If you decide to cancel your Payment Plan, you have to do so before the expiration of the Payment Plan (before the day of the next scheduled payment). Monthly and yearly Payment Plans will not be charged at the next billing cycle after you cancel your Payment Plan. It is your sole responsibility to cancel the Payment Plan in accordance with Opinion Stage’s cancellation policy.
Refunds. When you cancel your Payment Plan or cease to use the Services, you will not be issued refunds for your most recent (or any previous) payments. Opinion Stage reserves the right, but no obligation, at its sole discretion, to consider any requests for issuing refund.
Right of withdrawal
If you are a consumer (i.e., a natural person acting outside of your trade or business) based in the E.U., Opinion Stage will comply with E.U. consumer protection laws and provide you with the possibility to withdraw from the service contract within 14 days after such a contract has been concluded, without giving any reason. Thus, if you purchase the Payment Plan and decide to stop using the Payment Plan within 14 days, you must inform Opinion Stage of your decision to withdraw from the sale contract by an unequivocal statement (e.g., a letter sent by post or email) before the expiration of the withdrawal period. You can use the contact details indicated in Section 12 of the Terms to exercise your right of withdrawal.
Effect of withdrawal. After you withdraw from the contract, Opinion Stage will reimburse you the payment made by you using the same payment method as you used for your initial transaction. Please note that, if you requested to begin the performance of the Services during the withdrawal period, you shall pay Opinion Poll an amount which is in proportion to what has been provided until you have communicated your withdrawal from, in comparison with the full coverage of the contract. If the service contract has been fully executed before the end of the aforementioned time period, you can no longer withdraw as the work has been completed. For more information on your E.U. consumer rights, please visit the following link: https://europa.eu/youreurope/citizens/consumers/index_en.htm.
8. Technical steps to conclude a contract
Registering a user account
To start using the Services, you are required to register a user account on Opinion Stage’s website available at https://www.opinionstage.com (the Website”). You can do so by (i) clicking on the button “Get started” located at the right top corner of the Website, (ii) entering the requested personal data, and (iii) clicking on the button “Signup”. You can also create your user account by using your social media accounts (Facebook, Twitter, or Google+). You can do so by (i) clicking on the button “Get started” located at the right top corner of the Website, (ii) clicking on the icon of the chosen social media service, and (iii) authorizing Opinion Stage to access your social media account. Afterwards, you can start using the Services under the free of charge Basic Payment Plan.
You are responsible for safeguarding the password and the username that you use to access the Services and for any activities or actions that require your password. Opinion Stage encourages you to use “strong” passwords (that use a combination of upper and lower-case letters, numbers and symbols) with your user account. Opinion Stage will not be liable for any loss or damage arising from your failure to comply with these requirements.
Upgrading a user account
If you would like to upgrade your Basic Payment Plan and make use of more features of the Services, you have to purchase one of the Payment Plans offered by Opinion Stage. You can do so by (i) logging in to your user account through the Website, (ii) clicking on the button “Upgrade” located at the right top corner of the Website, (iii) clicking on the button “Buy now” or “Try free for 7 days” located next to the Payment Plan chosen by you, and (iv) providing your payment details and clicking on “Upgrade my plan”.
Concluding a contract
By clicking on the button “Upgrade my plan” and receiving a confirmatory email, you conclude a service sale contract with Opinion Stage in English and become bound to the payment terms described in these Terms. The details of your specific contract will not be filed by Opinion Stage and, therefore, the specific contract will not be available to you. However, if you do require any information regarding your Payment Plan, please login to your account or contact Opinion Stage.
Correcting input errors. You will be able to identify and correct any input errors prior to clicking on the “Upgrade my plan” button. You can navigate through the fields containing the information entered by you by using the “back” and “forward” functionalities of your browser.
9. Proprietary Rights
Intellectual property. All rights, titles, and interests in and to the Services (excluding User) are and will remain the exclusive property of Opinion Stage and its licensors. Except as expressly provided herein, nothing in the Terms gives you a right to use the Opinion Stage name or any of the Opinion Stage trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding the Services is entirely voluntary and Opinion Stage will be free to use such feedback, comments or suggestions as it sees fit and without any obligation to you.
Advertisement. The Services may include advertisements, which may be targeted to the User Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Opinion Stage through the Services are subject to change. In consideration for Opinion Stage granting you access to and use of the Services, you agree that Opinion Stage and its third-party providers and partners may place such advertising on the Services or in connection with the display of User Content or information from the Services whether submitted by you or others.
11. General Terms
Governing law. The Terms and any action related thereto will be governed by the laws of Israel, without regard to or application of its conflict of law provisions or your state or country of residence.
Dispute resolution. Unless submitted to an alternative dispute resolution body, all claims, legal proceedings or litigation arising in connection with the Services will be brought in the courts of Tel Aviv, Israel.
Availability. Opinion Stage puts reasonable efforts to ensure that the Services are always available. Nevertheless, the availability of the Services may be affected by factors, which are outside of Opinion Stage’s reasonable control, e.g., bandwidth problems, equipment failure, or other Force Majeure. Opinion Stage accepts no responsibility for the unavailability of the Services caused by such factors.
Term and termination. The Terms come into force on the effective date indicated at the top of the Terms and remain in force until terminated. Opinion Stage reserves the right, at its sole discretion, to terminate the Terms at any time by sending you either a message or an email. In addition, your rights under these Terms will be automatically terminated if you do not comply with one or more provisions of these Terms. After the termination of these Terms, all legal rights granted to you pursuant to these Terms will terminate. Upon termination, you shall stop using the Services.
Sanctions. If Opinion Stage believes, in its sole discretion, that you violate these Terms and it is appropriate, necessary or desirable to do so, it may:
- Send you a formal warning;
- Temporary suspend your user account;
- Permanently prohibit the use of the Services; or
- Delete your user account.
Entire agreement. These Terms are the entire and exclusive agreement between Opinion Stage and you regarding the Services (excluding any services for which you have a separate agreement with Opinion Stage that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Opinion Stage and you regarding the Services. The failure of Opinion Stage to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
Amendment of the Terms. Opinion Stage may revise these Terms from time to time. The most current version of the Terms will always be on this page (or such other page as the Services may indicate). Opinion Stage may notify you about the amendments via the notice on the Website or e-mail. By continuing to access or use the Services after those amendments become effective, you agree to be bound by the revised Terms.
Last amendment. The Terms have been last amended on 2nd of May 2018.
12. Contact details
If you have questions about the Terms, please contact Opinion Stage by:
Mail: Opinion Stage Ltd., Zmora 8, Shoham, 6085000, Israel