Thank you for using AllCounted!
Remember, we won't sell your information to third parties.
We have done our best to keep AllCounted safe, but we cannot guarantee it. We need your help to keep us safe, which includes the following commitments by you:
- You will not post unauthorized commercial communications (such as spam) on AllCounted.
- You will not collect users' content or information, or otherwise access AllCounted using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
- You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on AllCounted.
- You will not falsely represent, through your display name or your activity on AllCounted, the organization for which you don't have the authority to represent.
- You will not upload or transmit any viruses or other malicious code or links to such software into our website or through our services.
- You will not access an AllCounted account belonging to someone else without prior permission from its owner.
- You will not use AllCounted to ask for passwords of any system from survey participants.
- You will not make your survey searchable at AllCounted.com if it collects sensitive business data or personal information such as names, phone numbers, email addresses, and home addresses. You agree to be solely responsible for any damage to anybody or any related law suit if you violate this term.
- You will make your survey searchable if your survey is created only for the purpose of testing to see how our website works. If we find out your testing survey is searchable on our website, we will make it non-searchable without changing anything else. We will not notify you of the change.
- You will not use AllCounted as a data collection, training, or reporting tool for business activities (such as job reports, job training, event registration, or academic testing) that have nothing to do with seeking opinions from people. You agree that AllCounted is the only party that has the authority to determine whether a survey is created for seeking opinions or not.
- You will not post content that is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- You will not create or send any survey containing alcohol-related, dating or other mature content (including advertisements) without appropriate measures to prevent access to your survey from the people to whom such content is prohibited according to laws in related jurisdiction.
- You will not intentionally create surveys that target people under the age of 13 or send any surveys to people under the age of 13.
- You will not use AllCounted to create or send any survey whose main purpose is to ask people to conduct activities at another website.
- You will not circumvent or attempt to circumvent any limitations that AllCounted imposes on your account (such as by opening up a new account to conduct a survey that we have disabled for a violation of the terms in this document).
- You will not misuse our services by interfering with their normal operation, or attempting to access them using a method other than through the interfaces and instructions that we provide.
- Unless authorized by AllCounted in writing, you will not probe, scan, or test the vulnerability of any AllCounted system or network.
- Unless permitted by applicable law, you will not deny others access to or reverse engineer our services or attempt to do so.
- Unless authorized by AllCounted in writing, you will not sell or lease the services.
- You will not use our services to infringe the intellectual property rights of others, or to commit an unlawful activity.
- If your use of the services requires you to comply with industry-specific regulations applicable to such use, you will be solely responsible for such compliance, unless AllCounted has agreed with you otherwise. You will not use our services in a way that would subject AllCounted to those industry-specific regulations without obtaining AllCounted's prior written agreement.
- You will not engage in abusive or excessive usage of our services, which is usage significantly in excess of average usage patterns that adversely affects the speed, responsiveness, stability, availability, or functionality of the services for other users.
- You will not do anything that could disable, overburden, or impair the proper working or appearance of AllCounted, such as a denial of service attack or interference with page rendering or other functionalities.
- You will not bully, intimidate, or harass any user.
- You will not use AllCounted to do anything unlawful, misleading, malicious, or discriminatory.
Using our services indicate that you agree to all these commitments. Violation of any of these will subject your account or content such as surveys and their responses to suspension or deletion with or without prior notices.
Ownership of Your Content
You retain ownership of your intellectual property rights in your surveys and the responses you collected through your surveys. AllCounted does not claim ownership over any of your survey and response data. Remember, we are only a tool that helps our users gain, share, and analyze data easily. These terms do not grant us any licenses or rights to your content except for the limited rights needed for us to provide the services, and as otherwise described in these terms.
Please note that you do not have any ownership of the software, interface design, system design and database design that AllCounted produced and you fully agree to this.
Copyright Claims (DMCA Notices)
AllCounted, Inc. responds to notices of alleged copyright infringement in accordance with the U.S. Digital Millennium Copyright Act (DMCA). If you believe that your work has been exploited in a way that constitutes copyright infringement on AllCounted, you may notify us at email@example.com for claims of copyright infringement.
Other IP Claims
AllCounted respects the intellectual property rights of others, and we expect our users to do the same. If you believe an AllCounted user is infringing upon your intellectual property rights, you are recommended to report it by contacting us at firstname.lastname@example.org. Claims of copyright infringement should follow the DMCA process outlined in this document or any equivalent process available under local law.
Citation of Surveys
You have permission to cite surveys and results created on AllCounted in other places without prior permission. However, you are required to credit the creator (if shown in the survey) of the survey you cite and AllCounted as the source of the information by explicitly citing the creator of the survey you use, the web link of the survey, and AllCounted.com.
Note that to use our services, you agree that AllCoutned has the authority to make your searchable survey non-searchable for any reasons, including poorly designed survey, no or few responses, and displaying private personal information of survey participants,
Third Party Resources
In our website, we may display the links to the websites maintained by third parties. AllCounted does not represent that it has reviewed such third party websites and is not responsible for them or any content appearing on them. Trademarks displayed in conjunction with the related services are the property of their respective owners.
If you have created an account at AllCounted, you are responsible for safeguarding your password and any other credentials used to access your account. You, and not AllCounted, are responsible for any activity occurring in your account (other than activity that AllCounted is directly responsible for which is not performed in accordance with your instructions), whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify AllCounted immediately.
We occasionally send notices to the primary email address registered with your account. It is your responsibility to keep it current and accurate.
Remember to Backup
You are responsible for maintaining, protecting, and making backups of your content. AllCounted will not be liable for any failure to store, or for loss or corruption of, your content. To back up your content, you can take advantage of the export features we provide.
If you are an individual, you may only use the services if you have the power to form a contract with AllCounted. None of our services are intended for use by individuals under 13 years old. If you are under 13 years old or do not have the power to form a contract with AllCounted, you may not use the services we offer. We recommend that parents and guardians directly supervise any use of the services by minors. If you represent an organization, you are required to have the authority to represent it. You warrant that it is validly formed and existing under the laws of your jurisdiction of formation and that you have duly authorized your agent to bind you to the terms in this document.
You must use our services in compliance with, and only as permitted by, applicable law. You agree that you will be the only party responsible for your violation of laws and damages such violation may cause. You further agree that you will not involve AllCounted for your violation of laws in any courts.
Use of Our Email Service
AllCounted would like to stress the proper use of its email service by users like you. If you use our email service to invite people to take your survey, you are prohibited from sending the same survey (the same list of questions) to the same email address more than twice . If you violate this requirement, your account will be subject to being disabled without any prior notice, and you will lose all your data, including your survey and responses.
Suspension or Termination of Our Services to You
AllCounted may limit, suspend, or terminate our services to you if you fail to comply with these terms. AllCounted may also suspend the services to you if we are investigating suspected violation of the terms by you. If we suspend or terminate the services you receive, we may give you advance notice and an opportunity to export a copy of your surveys and their responses from our services. However, we may decide to take immediate action without any notice to you. We have no obligation to retain your account, surveys, responses, and other data upon termination of our services to you.
Changes to Terms
Changes to Services
We constantly improves our services, and we may add, alter, or remove functionality from a service at any time without prior notice. We may also limit, suspend, or discontinue a service at our discretion. If we discontinue a service, we may give you reasonable advance notice to provide you with an opportunity to export your content from that service. We may remove content from the services at any time in our sole discretion, although we may endeavor to notify you before we do that if it materially impacts you and if practical under the circumstances.
Data Loss or Breach
Though we have done our best to keep our website safe, we cannot guarantee anything. There is always a possibility of data loss or breach caused by hardware or software failures or malicious human attack. In case of data loss or breach, we will assess the severity based on specific situations. We may remove some of your data or we may use a backup copy of our database to recover our system. In either case, we may notify you through the primary email address you stored with us. The recovery may cause loss of your data that was created after the backup was created or may make the data show up again that was deleted before the backup was made. In this situation, you will be responsible to review your account and take appropriate actions. We are sorry for any inconvenience that may be caused to you due to our system recovery. You agree that in case of data breach or loss you will not sue AllCounted in any courts for any damages. If you don't agree to this, please don't use our services to create any data.
You understand that we cannot and do not guarantee or warrant that data available for downloading from the internet or our website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the website or any services or data obtained through the website or to your downloading of any material posted on it, or on any website linked to it.
Your use of our website, its services or data obtained through the website is at your own risk. The website, its services or data obtained through the website are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. Neither AllCounted nor any person associated with AllCounted makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the website. Without limiting the foregoing, neither AllCounted nor anyone associated with AllCounted represents or warrants that the website, its services or data obtained through the website will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our website or the server that makes it available are free of viruses or other harmful components or that the website or any services or data obtained through the website will otherwise meet your needs or expectations.
AllCounted hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose.
The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
Exclusion of Certain Liability
In no event will AllCounted, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the website, any websites linked to it, any content on the website or such other websites or any services or data obtained through the website or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
If you are a business, you will indemnify and hold harmless AllCounted and its affiliates, officers, agents, and employees from all liabilities, damages, and costs (including settlement costs and reasonable attorneys' fees) arising out of a third party claim regarding or in connection with your use of our services or a breach of these terms, to the extent that such liabilities, damages and costs were caused by you.
Who You Are Contracting with
Unless otherwise specified in relation to a particular service, the services are provided by and you are contracting with AllCounted, Inc.
For any service provided by AllCounted, Inc., the following three provisions will apply to any terms governing that service:
References to "AllCounted", "we", "us", and "our" are references to AllCounted, Inc., located at 16192 Coastal Highway, Lewes, Delaware 19958, USA.
These terms are governed by the laws of the State of Delaware (without regard to its conflict of law provisions).
Except if prohibited by applicable law, each party submits to the exclusive jurisdiction of the state courts located in Sussex County, Delaware, and the federal courts located in Delaware with respect to the subject matter of those terms.
You may not assign these terms without AllCounted's prior written consent, which may be withheld in AllCounted's sole discretion. AllCounted may assign these terms at any time without notice to you.
These terms constitute the entire agreement between you and AllCounted, and they supersede any other prior agreements, terms and conditions, written or oral concerning its subject matter. Any terms and conditions appearing on a purchase order or similar document issued by you do not apply to the services, do not override or form a part of these terms, and are void.
The relationship between you and AllCounted is that of independent contractors, and not legal partners, employees, or agents of each other.
The use of the terms "includes", "including", "such as", and similar terms, will be deemed not to limit what else might be included.
A party's failure or delay to enforce a provision under these terms is not a waiver of its right to do so later.
If any provision of these terms is determined to be unenforceable by a court of competent jurisdiction, that provision will be severed and the remainder of terms will remain in full effect.
Third Party Beneficiaries
There are no third party beneficiaries to these terms. Check with each specific third party to read about how their terms may differ from ours.
These terms are prepared and written in English. To the extent that any translated version conflicts with the English version, the English version controls, except where prohibited by applicable law.