These are the Terms and Conditions ("Terms") of Evently Zest ("Zest," "we," "us" or "our"). By accessing or using (mobile) applications, websites or any other Zest service (together, the "Service") made available by Zest, however accessed, you agree to be bound by these Terms. The Service is owned or controlled by Zest. These Terms affect your legal rights and obligations. If you do not agree to be bound by all of these Terms, do not access or use the Service.
You must be at least 18 years old to use the Service. You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employees or clients, Zest prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You represent that all information you provide or provided to Zest upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy. You agree that you will not solicit, collect or use the login credentials of other Zest users. You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms or any other Zest terms. You are responsible for keeping your password secret and secure. You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper. You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, works of authorship, applications, respondents data, links and other content or materials (collectively, "Content") that you submit, post or display on or via the Service. Violation of these Terms may, in sole discretion of Zest, result in termination of your Zest account. You understand and agree that Zest cannot and will not be responsible for the Content posted on the Service and you use the Service at your own risk. If you violate the letter or spirit of these Terms, or otherwise create risk or possible legal exposure for Zest, we can stop providing all or part of the Service to you.
You must not create or submit unwanted email, comments or other forms of commercial or harassing communications (spam) to any Zest users. You must not defame, stalk, bully, abuse, harass, threaten, impersonate, discriminate or intimidate people or entities and you must not post private or confidential information via the Service. You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive content via the Service. You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example state, local and provincial) applicable to your use of the Service, including but not limited to, copyright laws. You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Zest page is rendered or displayed in a user's browser or device. You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or Zest.
We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. If we terminate your access to the Service or if you deactivate your account and all other data will no longer be accessible through your account (e.g., users will not be able to navigate to your username and view your photos), but those materials and data may persist and appear within the Service. We reserve the right to force forfeiture of any username for any reason. Upon termination, all rights granted to you in these Terms will immediately cease. We reserve the right to refuse access to the Service to anyone for any reason at any time. We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms. Zest reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by Zest, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, Zest encourages you to maintain your own backup of your Content. Zest is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. Zest will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure. You agree that Zest is not responsible for, and does not endorse, Content posted within the Service. Zest does not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these Terms, you may bear legal responsibility for that Content. You agree that you are responsible for all data charges you incur through use of the Service. We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means (except as may be the result of standard search engine protocols or technologies used by a search engine with the express consent of Zest).
You agree that Evently Zest shall be permitted to charge your credit card on a monthly, annual, or other agreed upon basis in advance of providing services. Payment is due upon invoicing. Service may be interrupted on accounts that reach 10 days past due. Accounts that are not collectable by Evently Zest may be turned over to an outside collection agency for collection.
Subscriber is aware that Evently Zest may prospectively change the specified rates and charges from time to time.
Evently Zest is not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by Evently Zest. Currency exchange settlements will be based on agreements between you and the provider of your credit card. Pro-rated credits will not be issued for unused services when customer retains any active service.
Server Provider Fees
You agree that Evently Zest is not responsible for any additional fees charged to your credit card by third-party server providers such as LimeService, DigitalOcean, Linode, Amazon, or Rackspace.
Evently Zest provides technical support to our subscribers via our e-mail support system. The following are our guidelines when providing support: Evently Zest provides support related to your Limesurvey related tasks carried out by Zest. Evently Zest does not offer technical support for application specific issues such as application configuration, programming, web or mail server configuration, or any other such issue. Evently Zest does not provide technical support to your customers.
Account Cancellation Or Suspension
Evently Zest reserves the right to suspend network access to any customer if, in the judgment of the Evently Zest network administrators, the customer's server is the source or target of a violation of any of the other terms of service or for any other reason which Evently Zest chooses. Evently Zest will use reasonable care in notifying the Customer and in resolving the problem in a method resulting in the least amount of service interference. Evently Zest reserves the right to terminate service without notice for continued and repeated violations of the terms of service. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.
If at any time it becomes necessary for Evently Zest to cancel a customer's service without cause, Evently Zest will provide 10 days advance notice.
You may cancel the service at any time by using the "Cancel Subscription" link located on the "My Account" sub-tab of the Evently Zest web application. Cancellation of service does not relieve Subscriber of responsibility for the payment of all accrued charges.
Subscriber is solely responsible for the preservation of Subscriber's data which Subscriber saves onto its virtual server (the “Data”). Even with respect to Data as to which Subscriber contracts for backup services provided by Evently Zest, Evently Zest shall have no responsibility to preserve Data. Evently Zest shall have no liability for any Data that may be lost.
You agree that any of the below activities are considered prohibited usage and will result in immediate account suspension or cancellation without a refund and the possibility that Evently Zest will impose fees; and/or pursue civil remedies without providing advance notice.
Misuse of System Resources: Intentional misuse of system resources, including but not limited to employing programs that consume excessive network capacity, CPU cycles, or disk IO.
Access to Other Computers or Networks without Authorization: Attempting unauthorized and/or illegal access of computers, networks and/or accounts not belonging to party seeking access. Any act which interferes with the services of another user or network. Any act relating to the circumvention of security measures.
Evently Zest and the services it provides may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of the law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. Evently Zest’s services may not be used to facilitate infringement of these laws in any way.
Other Activities viewed as Illegal or Harmful: Engaging in illegal activities or engaging in activities harmful to the operations of Evently Zest or Evently Zest’s customers.
Providing False Data on any Contract or Application: including fraudulent use of credit card numbers.
There may be links from the Service, or from communications you receive from the Service, to third-party (mobile) applications, websites or features. The Service may also include third-party content that we do not control, maintain or endorse. Zest does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that Zest is in no way responsible or liable for any such third-party services or features. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third-party service (each, an "Application") and such Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about your profile on the Service being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Zest has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold the Zest Parties (as defined below) harmless for activity related to the Application.
The Service, including, without limitation, Zest Content, is provided on an "as is", "as available" and "with all faults" basis. To the fullest extent permissible by law, neither Zest nor any of its directors, employees, managers, officers, partners, affiliates or agents (collectively, the "Zest Parties") make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (a) the Service; (b) the Zest Content; (c) user content; or (d) security associated with the transmission of information to Zest or via the Service. In addition, the Zest Parties hereby disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus. The Zest Parties do not represent or warrant that the Service will be error-free or uninterrupted; that defects will be corrected; or that the Service or the server that makes the Service available is free from any harmful components, including, without limitation, viruses. The Zest Parties do not make any representations or warranties that the information (including any instructions) on the Service is accurate, complete, or useful. Although it is the intention of Zest for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. You acknowledge that your use of the Service is at your sole risk. The Zest Parties do not warrant that your use of the Service is lawful in any particular jurisdiction, and the ZestParties specifically disclaim such warranties. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to you to the extent such jurisdiction's law is applicable to you and these Terms. By accessing or using the Service you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Service. The Zest Parties do not endorse Content and specifically disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any content.
To the extent not prohibited by law, in no event shall the Zest Parties be liable to you for any loss or damages of any kind (including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages) that are directly or indirectly related to: the Service; the Zest Content; user content; your use of, inability to use, or the performance of the Service; any action taken in connection with an investigation by the Zest Parties or law enforcement authorities regarding your or any other party's use of the Service; any action taken in connection with copyright or other intellectual property owners; any errors or omissions in the service's operation; or any damage to any user's computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if the Zest Parties have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort (including, without limitation, whether caused in whole or in part by negligence, acts of god, telecommunications failure, or theft or destruction of the service). In no event will the Zest Parties be liable to you or anyone else for loss, damage or injury, including, without limitation, death or personal injury. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. In no event will the Zest Parties total liability to you for all damages, losses or causes or action exceed the amount of the monthly fees belonging to your membership. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. You agree that in the event you incur any damages, losses or injuries that arise out of acts of Zest or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any website, service, property, product or other content owned or controlled by the Zest Parties, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any website, property, product, service, or other content owned or controlled by the Zest Parties. Zest is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. You agree that any claim you may have arising out of or related to your relationship with Zest must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
You agree to defend (at the request of Zest), indemnify and hold the Zest Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): your Content or your access to or use of the Service; your breach or alleged breach of these Terms; your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or any misrepresentation made by you. You will cooperate as fully required by Zest in the defense of any claim. Zest reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Zest.
If, at any time, any provision of these Terms is or becomes illegal, invalid or unenforceable in any respect under any law of any jurisdiction, neither the legality, validity or enforceability of the remaining provisions nor the legality, validity or enforceability of such provision under the law of any other jurisdiction will in any way be affected or impaired.
Failure of Zest to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition.
The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Zest to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that Zest provides. No software from the Service may be downloaded, exported or re-exported: (a) into any European Union and/or U.S. embargoed countries or (b) to anyone on a sanction list maintained by the European Union and/or the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By downloading any software related to the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
We reserve the right, in our sole discretion, to change these Terms ("Updated Terms") from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on the Service, and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. These Terms will govern any disputes arising before the effective date of the Updated Terms.
These Terms, and any non-contractual obligations arising out of or in connection with it, are governed by and construed in accordance with the laws of the Netherlands. All disputes between you and Zest (whether or not such dispute involves a third party) with regard to your relationship with Zest, shall be submitted exclusively to the competent court of law in Gelderland, the Netherlands, without prejudice to the right of Zest as plaintiff to initiate proceedings before any other court having jurisdiction. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
If you have any questions about these Terms of the Service, please send an email to firstname.lastname@example.org.
How do we use this information?
We use all of the information we have to help us provide and support our Services. Here is how: remember information so you will not have to re-enter it during your visit or the next time you visit the Service; provide, improve, test, and monitor the effectiveness of our Service; To help you efficiently access your information after you sign in; monitor metrics such as total number of visitors, traffic, and demographic patterns; diagnose or fix technology problems; develop and test new products and features; and automatically update the Zest application on your device. Communications We may use your information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link.
How is this information shared?
We will not rent or sell or share your information to third parties outside Zest.
Zest has taken appropriate technical and organizational measures by using the latest technologies to protect your information against loss or unlawful processing. We use safeguards to help keep the information collected through the Service secure and take steps (such as requesting a unique password) to verify your identity before granting you access to your account. However, Zest cannot ensure the security of any information you transmit to Zest or guarantee that information on the Service may not be accessed, disclosed, altered, or destroyed. We request you to do your part to help us. You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to emails between you and Zest, at all times. We are not responsible for the functionality, privacy, or security measures of any other organization.
In accordance with the law, Zest does not retain data any longer than is required for attaining the purposes for which they were collected.
If you wish to know which of your data Zest has recorded or if you wish to amend or remove data that you cannot amend via your account, please contact Zest.
Our Service does not address anyone under the age of 13 ("Children"). We do not knowingly collect personally identifiable information from children under 13. If you are a parent or guardian and you are aware that your Children has provided us with personal information, please contact us. If we become aware that we have collected personal information from a child under age 13 without verification of parental consent, we take steps to remove that information from our servers.
Dit zijn de algemene voorwaarden van Evently (“Evently”). Evently is ingeschreven bij de Kamer van Koophandel onder nummer 53596315.
Evently biedt een online platform voor het beheren en automatiseren van Limesurvey.
Indien een bepaling van deze algemene voorwaarden nietig dan wel onverbindend mocht blijken te zijn, blijven Evently en Gebruiker gebonden aan de overige bepalingen van deze akte. Evently zal de nietige dan wel onverbindende bepaling(en) vervangen door een bepaling die wel verbindend is en waarvan de strekking zoveel mogelijk dezelfde is als die van de te vervangen bepaling(en), rekening houdend met het oogmerk van deze algemene voorwaarden.
Evently behoudt zich het recht voor om te allen tijde deze algemene voorwaarden eenzijdig aan te passen, aan te vullen en/of te wijzigen zonder een verplichting of mededeling daarvan te doen aan Gebruikers. De meest actuele versie van de algemene voorwaarden is de vinden op de Website. Door bezoek aan de Website wordt Gebruiker op de hoogte gesteld van de huidige algemene voorwaarden.