Last updated: January 18, 2011
Welcome to the QuestChain.com ("QuestChain or QuestChain.com") web site (the "Web Site" or "the service"). Please review the following terms and conditions concerning and preliminary to your use of this Web Site. By accessing, using or downloading any materials from the Web Site, you agree to follow and be bound by all of these terms and conditions (the "Terms").
If you do not agree with these Terms, please do not use this Web Site.
GENERAL USE PROVISIONS
All materials provided on this Web Site, including but not limited to information, documents, products, logos, graphics, images, software, and services ("Materials"), are provided either by QuestChain or by their respective third party manufacturers, authors, developers and vendors ("Third Party Providers") and are the copyrighted work of QuestChain and/or its Third Party Providers. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of QuestChain or the Third Party Provider. Also, you may not "mirror" any Materials contained on this Web Site on any other server without QuestChain's prior express written permission.
Except where may expressly provided otherwise by QuestChain, nothing on this Web Site shall be construed to confer any license under any of QuestChain's or any Third Party Provider's intellectual property rights, whether by estoppels, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses.
Any unauthorized use of any Materials contained on this Web Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
COST OF SERVICES
Registration to the site and creation of questionnaires are free of charge.
The cost of a single questionnaire distribution and its analysis in QuestChain site is $12 (US $).
The questionnaire will be open for responses for a period of one month. After that period, the user will be able to view all the responses that were collected for a period of up to an additional one month, but the questionnaire will be blocked for respondents.
Subscription to QuestChain will grant the user with unlimited usage (including any survey distribution) and unlimited respondents during the subscription term.
When a subscription expires, the user will be able to view all the responses that were collected for a period of up to an additional one month, but the surveys that were distributed during the subscription period will be blocked for respondents.
You acknowledge and agree that QuestChain is allowed to delete any data after a period of 30 days from the end date of any subscription or from any free distribution.
Subscription fee for one month standard plan is $18 (US $)
Subscription fee for one year standard plan is $150 (US $)
Subscription fee for one month pro plan is $49 (US $)
Subscription fee for one year pro plan is $450 (US $)
1. When distributing surveys for free, on the respondents pages there will be ads and some of the features will be blocked or limited according to the Plans & Pricing list on the site.
2. A free distribution will be open for respondents for a period of 10 days and then will be blocked for respondents.
The user will be able to view all the responses that were collected, for a period of an additional one month.
* QuestChain keeps the right to change the cost of service at any time.
LINKS TO THIRD PARTY SITES
This Web site may contain links to web sites controlled by parties other than QuestChain. QuestChain is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party web sites. QuestChain is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by QuestChain of the linked web site. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of a destructive nature.
You are aware of the fact that all information, data, text, software, music, sound, photographs, graphics, video, messages or any other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not QuestChain.com, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. QuestChain.com does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will QuestChain.com be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred because of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. You agree not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere with QuestChain.com's web site in any manner.
You agree NOT to use QuestChain.com or the service to:
* interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;/br>
* intentionally or unintentionally violate any applicable local, state, national or international law;
* upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, harm minors, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
* impersonate any person or entity, including, but not limited to, a QuestChain.com official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
* upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary;
* upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
* upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
QuestChain.com reserves the right to refuse any or all service to any User for any reason, at any time, at QuestChain.com's sole discretion. User agrees that QuestChain.com may block its IP address or addresses at any time, and at QuestChain.com's sole discretion, thereby disallowing User's continued use of QuestChain.com's web site.
Email and Prohibited Content
Email messages sent in connection with QuestChain.com must contain a "remove me from the responders list" link that allows responders to remove themselves from your email messages. You acknowledge and agree that you will not hide, disable, or remove or attempt to hide, disable, or remove the opt-out link from the email invitation. You will actively manage and process unsubscribe requests received by you directly within ten days of submission, and update your email lists and address books to reflect the unsubscribe requests. You are responsible for ensuring that during use of the Survey Tool your email messages do not generate a number of spam complaints in excess of industry standards. If QuestChain.com determines that your level of spam complaints is higher than industry standards, QuestChain.com, at its sole discretion, has the right to terminate your use of its Survey Tool.
Permission Lists Only
All recipients sent to must have opted in to receiving communications from you, the sender.
You can only use QuestChain.com to send emails to lists of people that gave you permission to email them. If you do not have proof that each recipient on your list opted in for your emails, do not import them into QuestChain.com.
SOFTWARE USE RESTRICTIONS
Any software and documentation ("the Software") that may be made available to download from the web site is the copyrighted work of QuestChain.com and/or its suppliers. It may not be resold or used for any commercial purposes. Unauthorized use may subject you and/or your company to severe civil and criminal penalties.
Except where expressly provided otherwise by QuestChain, all comments, feedback, information or materials submitted to QuestChain through or in association with this Web Site ("Submissions") shall be considered confidential and QuestChain's property. By providing such Submissions to QuestChain, you agree to assign to QuestChain, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. QuestChain shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you, not QuestChain, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.
THE USAGE OF THE WEB SITE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND. QUESTCHAIN HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USAGE OF THE WEB SITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL QUESTCHAIN BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFIT ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE WEB SITE.
LIMITATION OF LIABILITY
QUESTCHAIN SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS. IN NO EVENT SHALL QUESTCHAIN BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS WEB SITE, EVEN IF QUESTCHAIN HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU HAVE SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEB SITE AND YOU WILL NOT MAKE A CLAIM AGAINST QUESTCHAIN FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS, OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS. YOU AGREE TO HOLD QUESTCHAIN HARMLESS FROM, AND YOU COVENANT NOT TO SUE QUESTCHAIN FOR, ANY CLAIMS BASED ON OR RELATED TO THE USE OF THE WEB SITE.
IN NO EVENT SHALL QUESTCHAIN LIABILITY UNDER THESE TERMS OF SERVICE AND USE EXCEED THE AMOUNTS ACCTUALY PAID BY YOU TO QUESTCHAIN FOR THE EVENT GIVING RISE TO SUCH LIABILITY.
QuestChain controls and operates this Web Site from Israel and makes no representation that these Materials are appropriate or available for use in other locations. If you use this Web Site from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries. Unless otherwise explicitly stated, all marketing or promotional materials found on this Web Site are solely directed to individuals, companies or other entities located in Israel. You acknowledge and agree that Materials are subject to the Israeli Laws and Regulations.
The courts of the Tel Aviv-Jaffa, Israel shall have sole and exclusive jurisdiction concerning this Web Site.
Any dispute regarding to this Web Site shall be governed and construed in accordance with the laws of the State of Israel without reference to its choice of law rules.
FULFILLMENT OF THE AGREEMENT AND THE LAWS
You also agree not to intentionally or unintentionally violate any applicable local, state, national, or international law.
Although QuestChain.com has no obligation to review the content provided by you or your use of the Survey Tool, QuestChain.com may do so and may block any email messages and or terminate any use of the Survey Tool that QuestChain.com believes may be in violation of the foregoing.
This Web Site may include inaccuracies or typographical errors. QuestChain and the Third Party Providers may make improvements and/or changes in the products, services, programs, and prices described in this Web Site at any time without notice. QuestChain may periodically make changes to the Web Site. Any action related to these Terms will be governed by State of Israel laws. No choice of law rules of any jurisdiction will apply. These Terms represent the entire understanding relating to the use of the Web Site and prevail over any prior or contemporaneous, conflicting or additional, communications. QuestChain has the right to revise these Terms at any time without notice by updating this posting. QuestChain reserves any rights not expressly granted herein.
QuestChain may publish the logos of its customers.
CHANGES TO THE SERVICE
QuestChain.com reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part of it) with or without notice. You agree that QuestChain.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that QuestChain.com has no responsibility or liability for the deletion or failure to store any survey data or other Content maintained or transmitted by the Service. You acknowledge that QuestChain.com reserves the right to delete accounts that are inactive for an extended period.
All intellectual property is a sole property of QuestChain. It is absolutely forbidden to copied or imitated the web site in whole or in part. No logo, graphic, sound or image from the Web Site may be copied or retransmitted unless expressly permitted in writing by QuestChain.
UPDATES & EFFECTIVE DATE
From time to time, QuestChain may update this terms of service and use. We encourage you to periodically check back and review these terms.