How you can use and enjoy our online Community
Effective date: January 18, 2021
We are committed with ensuring that anyone gets the best user experience possible when using and interacting our services. As part of this pledge, we have created a Community aimed at helping interaction and communication among users; sharing feedback, tips and work; helping others by explaining routines and best practices for data collection and analysis; and contributing to having meaningful conversations at scale.
We may update or modify the Community and its functionalities at any time, as well as disable access to or discontinue the Community. We will not be required to notify you about these actions, and we will not be liable to you or to any third parties for any of those actions.
The Community is addressed to anyone being 16 years old or older interested in the creation of forms and data collection, regardless of whether our Services are being used or not. If you are between 14 and 16 years old, you may only use the Community under the supervision of a parent or legal guardian.
3.Access to the Community and Profile creation
Access to the Community is subject to setting up a profile there (the “Profile”). To this end, you will be required to choose a valid username and provide any additional Profile information requested during the sign-up process. You are responsible for your Profile and anything that happens under it, and you are required to share Contents using your Profile. It is your responsibility to keep your username and password confidential, as well as to notify us as soon as possible in the event that you know or suspect that their confidentiality has been compromised.
Profile information other than username is private and will not be shared with other members of the Community / third parties.
We may decide to terminate your Profile at any time, with or without reason, and with or without prior notice. Your Profile can be terminated, and you may be banned from accessing to the Community and creating a new Profile, in the event that you breach this Terms or the law, among other cases. You may also decide to cancel your Profile at any time. In the event that your Profile is cancelled or terminated, we may delete your Profile and any Contents.
4. Information available on the Community
The Community is aimed at being an agora where its members are invited to share information, feedback, data, videos, code, scripts, advice, contents, and experiences about the products and services offered by us (the “Contents”). Therefore, the Contents shared, uploaded, or made available through the Community do not necessarily reflect our views or position.
You acknowledge that, in order to ensure compliance with legal obligations, prevent phishing or fraud, or when unlawful content is reported to us, we may be required by third parties to review certain Contents (including Contents submitted by you) to determine whether it is illegal or whether it breaches these Terms. We may at our sole discretion modify, prevent access to, delete, or refuse to display Contents that we believe violate the law or these Terms. However, you acknowledge that we have no obligation to monitor or review any Contents. Your discretion is advised in using the Contents publicly shared on the Community, and you shall not hold us liable for the Contents published by other users of the Community.
5. Your use of the Community
When publishing Contents, browsing, or otherwise interacting with the Community, you must comply with these Terms, as well as with the law and public order. You are responsible for any Contents you decide to share, upload or make available through the Community and you understand that, by making them available, other users or third parties may gain access to it, even after you have cancelled your Profile, or we have terminated your Profile.
In particular, you undertake to not:
- Use the Community to pursue illegal purposes, contrary to the rights and legitimate interests of us or any other third party, or in any other manner that may tamper, disrupt, overload, or otherwise damage the Community or the site and services offered by us;
- Choose an appropriate Profile name: offensive names, or other expressions that may be misleading are strictly forbidden;
- Check that you can share the Contents before posting them or making them available through the Community. We respect intellectual property and other rights owned by third party, and we expect you to honor them at all times;
- Do not use the Community to advertise, sell, solicit or carry out any sort of commercial activities. As mentioned in this Terms, the Community is aimed at sharing Contents, but it is not meant to be a marketplace or a listing page and, therefore, these activities are strictly forbidden, as well as any sort of spam messages or chain letters;
- Do not directly or indirectly advertise your own or third-party’s products or services, or try to divert users of our Community to other forums, webpages, companies or individuals, regardless of whether those are directly or indirectly competing with us; and
- You are expected to be polite and respect others. Hate speech, messages inciting violence or illegal activities, harassing or impersonating others, offensive or pornographic Contents will not be tolerated in this Community.
6. Warranty disclaimer
To the maximum extent permitted by applicable law, the Community is provided “as is”, “with all faults” and “as available” and the entire risk of use and performance remains with you. We do not make any representations or warranties, express or implied, statutory or otherwise, and we hereby disclaim any implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement. We do not make any warranty or claim that the Community will be available or provided on an uninterrupted, timely, or secure basis; will be accurate, complete, reliable, or function properly; meet your requirements; be error-free or free from viruses, worms, or other harmful or malicious components.
7. Limitation of liability
To the maximum extent permitted by applicable law, in no event we will be liable —whether in contract, tort and negligence, or any other form of action, even if we have been notified by you— for any direct, indirect, consequential, incidental, exemplary, punitive, or special damages, including any damages to or for loss of data, revenue, profits, or property.
The limitation of liability set forth in this section shall only apply to the maximum extent permitted by law. In particular, it shall not be applicable in the event of gross negligence or willful misconduct, or—subject to you using the Services as a consumer—injury or death.
You shall indemnify, defend, and hold us, our officers, directors, employees, agents, partners, suppliers, and/or licensors harmless, and will keep them indemnified from and against any claim, loss, expense, liability, damage or demand—including reasonable attorney’s fees— relating to, arising from, or allegedly arising from your use of the Community, your Contents, the breach of these Terms, or any infringement, violation or misappropriation of third-party intellectual property rights or other rights.
9. Intellectual property
All works, trademarks, software, or other contents and creations displayed on the Community or otherwise provided or made available by us through the Community are owned by us or have been licensed to us by their owner/s. Unless expressly granted, you do not have any use or ownership rights upon said materials and creations other than for the use of the Community, and under the terms and conditions described in these Terms.
Each time you submit your Contents, you acknowledge and agree that you are granting us and other users a worldwide, perpetual, royalty-free, irrevocable, sublicensable and transferable license to use your Contents, either in connection with the Community or for other purposes. This license includes the rights to distribute, reproduce or copy, communicate to the public, transform, or modify, adapt, translate, or otherwise use your Contents in any form or format, and by using any media. You warrant and represent that the license granted herein does not conflict with third-party rights or legitimate interests, and that there are no other conflicting rights (such as privacy or image rights) that may limit, prevent or otherwise impact this license.
11. Links to third parties’ webpages
We are not liable for websites and contents that are linked or embedded in the Community, either as advertisement banners or otherwise included in any of the Community’s contents. We shall have no obligation to review the contents of said webpages and the services or products that third parties may offer through them, and their existence does not imply that we support, promote, endorse, sponsor, guarantee, or recommend the linked websites, contents, services, or products. You acknowledge that terms and conditions may apply to the access and use of said services, products, and websites, and that you are responsible for reviewing and accepting them.
12. Changes and amendments to the Terms
We may modify these Terms from time to time. If you do not agree to any amendments to the Terms, you shall (as your sole remedy) stop using the Community. By continuing to use the Community, you are providing your agreement to be bound by the updated version of these Terms.
13. Governing law and dispute resolution
The rights and obligations of the parties under these Terms shall be governed by Spanish law. This shall not prevent the application of those mandatory rights you are entitled to under your applicable law in the event that you are acting as a consumer.
Also, should you be acting as a consumer, you may also access to the European Union’s online dispute resolution webpage at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN.
The illegality, invalidity, nullity or unenforceability of any of the sections of these Terms will not affect the validity of its other provisions, which shall remain in full force and effect. Such sections are to be replaced or integrated into others that, in accordance with law, correspond to the objective of the substituted sections.
If, at any time, we fail to respond to a breach of these Terms by you, that failure will not waive our right to act with respect to subsequent or similar breaches. A waiver will only be binding on us if it is in writing and signed by one of our representatives.
15. Right to be forgotten
If a Typeform account owner exercises the GDPR Right to be forgotten, their community account will also be deleted as it is part of their Typeform account. Any content from a deleted account will remain in the community, but the author will be shown as Anonymous. The identity of the deleted account owner won't be available for anyone, including the Typeform team.
If a Community member wishes to exercise GDPR Right to be forgotten for only their Community account, they will have to specify it in the request. In that case, the Community account will be deleted, but the content remains.
16. Contact us
TYPEFORM SL (hereinafter referred to as “us”, “we” or “our”) has created and manages the Community. We are a Spanish entity with registered address at Carrer Bac de Roda, 163, local, 08018 - Barcelona (Spain), and C.I.F. (Spanish tax identification number) B65831836. Our company is registered in the Commercial Registry of Barcelona, page B-421911, folio 145, volume 43262.
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