[Last Updated: April 22, 2021]
- This Agreement governs your relationship with Social Pulse Asia (hereinafter “SP.A”) and your use of and access to all services and products provided by Social Pulse Asia (collectively, the Services) as defined in the Privacy, Confidentiality and Anonymity Policy. You agree that by accessing or using any part of the Services you are bound by the terms of this Agreement (the Terms), including, but not limited to the following: the applicable Privacy, Confidentiality and Anonymity Policy, the Data and Information Ownership Policy, the Verified Respondent Terms and Conditions and the Response Quality Protocol.
- You may not use the Services unless all of the following apply to you, and you affirm that all of the following apply to you:
- You are at least of legal age as defined in your country of citizenship;
- In the Philippines, this age of emancipation is 18 years old;
- You are either an adult over the age of 18 years old, an emancipated minor, or you have express permission (that has been submitted expressly and received expressly by SP.A) from your parent or legal guardian to use the Services;
- You are legally allowed to use the Services where you live;
- You are not using the Services or accepting the Terms on behalf of any other entity, such as a company or organization, unless you have authority to bind that entity to these Terms;
- You have not been banned by SP.A from using the Services.
- You are either an adult over the age of 18 years old, an emancipated minor, or, in cases of certain specialist surveys specifically targeting populations that include respondents lower than 18 years old, that you have express permission (that has been submitted expressly and received express confirmation of receipt of such permission from SP.A) from your parent or legal guardian.
- The SP.A Privacy, Confidentiality and Anonymity Policy (PCAP) (https://socialpulse.asia/policies/privacy-confidentiality-and-anonymity-policy-pcap/) describes what SP.A can do with information about you received by SP.A when you use the Services. You agree to the terms of the PCAP, including the transfer of information to other countries for storage, processing, and use, if applicable.
- Any content that you post to the Services must satisfy all of the following criteria, and you affirm that any content posted, submitted, or otherwise provided by you to the Services satisfies these criteria:
- You have the legal right to post the content to the Services.
- The content and the purpose for posting it complies with all laws, rules, and regulations that may apply.
- The content does not infringe the intellectual property rights (such as copyrights and trademark rights) of any other person or entity.
- The content does not include non-public personal private information belonging to someone else, such as another person’s birthdate, home address, or telephone number.
- You are responsible for your use of the Services and for any content that you post. SP.A does not endorse, support, represent, or affirm the completeness, truthfulness, accuracy, or reliability of any of the content posted through the Services, nor does SP.A endorse any opinions expressed through the Services. All content is the sole responsibility of the person who originated the content, and SP.A does not take responsibility for such content.
- With respect to any content you contribute that uses YouTube services via SP.A, you affirm that—in addition to complying with SP.A’s own General Terms and Conditions and Verified Respondent Terms and Conditions —you are also complying with YouTube’s more restrictive Terms.
- Right to Distribute. You grant to SP.A a license to any content posted by you to the Services, including a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute your content. You agree that SP.A or its service providers or partners may display advertising in connection with your content and otherwise monetize your content without compensation to you, unless you (or your representative organization) has entered into an agreement with SP.A in which case you will be compensated according to the terms of that agreement. You warrant that you have all rights necessary to grant these rights to SP.A and other members of the SP.A community. You also grant a limited non-exclusive, royalty-free license to any SP.A community member to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute any content posted by you to the Services solely in connection with that member’s use of the Services. The licenses granted by you hereunder do not include any moral rights or right of attribution.
- Copyright infringement is not allowed on the Services, and SP.A will, in appropriate circumstances, terminate the account of any repeat infringer.
- You may not interfere with the Services in any way, such as by accessing the Services through automated means in a manner that puts excessive demand on the Services; by hacking the Services; by accessing without authorization areas of the Services that are protected by technical measures designed to prevent unauthorized access; by testing the vulnerability of the Services; by impersonating SP.A or the Services; by accessing the Services for any purpose that competes with the interests of SP.A; by spamming SP.A community members; by failing to respond to operational communications or requests from SP.A; or through any other type of interference with the Services or SP.A’s relationships with others.
- SP.A may remove any content and terminate your access to the Services at any time and for any reason to the extent SP.A reasonably believes (a) you have violated these General Terms and Conditions, (b) you create risk or possible legal exposure for SP.A, or (c) you are otherwise engaging in unlawful conduct—although SP.A endeavors to allow all free speech that is lawful and does not infringe the legal rights of others. Any invitation made by SP.A to you to use the Services or submit content to the Services, or the fact that SP.A may receive a benefit from your use of the Services or provision of content to the Services, will not obligate SP.A to maintain any content or maintain your access to the Services. SP.A will have no liability to you for removing any content, for terminating your access to the Services, or for modifying or terminating the Services.
- You agree to receive communications from SP.A, including communications sent by phone, email, text message, or other means of communication. If you provided a phone number to SP.A, you are required to notify SP.A when you cease to own or control that number to help prevent SP.A from sending communications to others who may acquire that number.
- The Services are provided to you as-is and at your own risk. The Services come with no express or implied warranties, except those that cannot be disclaimed under the law.
SP.A DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS, SUCH AS MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SP.A makes no representation or endorsement about the function of the Services or any content available through the Services. SP.A has no responsibility or liability to you arising from your use of the Services. SP.A has no responsibility or liability to you arising from content provided by you or any other person, even if such content is untrue, harmful, damaging, offensive, inappropriate, fraudulent, tortious, unlawful, contrary to social norms, etc. Although SP.A may make efforts to review or monitor content, you agree that you will not rely on this fact for any purpose. SP.A has no responsibility or liability to you arising from hacking event, data breach, theft, misuse of information, conspiracy, racket, fraud, act of terrorism, misappropriation of information, technical malfunction, interruption of service, or similar event that may cause you to suffer damage, loss, or injury, including without limitation any damage to or loss of your personal property, data, operations, information, reputation, goodwill, profits, etc.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND REGARDLESS OF THE NATURE OF THE CAUSE OF ACTION, SP.A WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR FOR INTANGIBLE LOSSES, ARISING FROM (a) YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES; (b) FROM THE ACTS OR OMISSIONS OF ANY OTHER PERSON OR THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER PERSONS OR THIRD PARTIES; (c) ANY CONTENT OBTAINED FROM THE SERVICES; OR (d) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR COMMUNICATIONS THROUGH THE SERVICES. THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND SHALL FURTHER APPLY WHETHER OR NOT SP.A HAS BEEN INFORMED OF THE POSSIBLITY OF ANY SUCH DAMAGES AND EVEN IF A REMEDY LAID OUT IN THESE TERMS IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
Applicable law and jurisdiction. The laws of the Republic of the Philippines will govern these Terms and any dispute that arises between you and SP.A. All disputes related to these Terms or the Services will be brought solely in courts located in Marikina, Philippines, and you consent to personal jurisdiction and waive any objection as to inconvenient forum.
Languages. SP.A will be maintaining its website, documents and various other written, audio and video material in multiple languages. The official language of SP.A is hereby declared to be the English language. Thus, any legal processes that will be referring to any of these written material shall refer to the English version as the authoritative and final version.
You affirm that you are competent to agree to be bound by this Agreement, meaning that you are over the age of 18, an emancipated minor, or have legal parental or guardian consent.
- SP.A cannot waive any right to enforce this Agreement, unless it does so expressly in writing. No waiver of any part of this Agreement, will be a further or continuing waiver of that part or any other part, and no failure to enforce any part of this Agreement will be deemed a waiver of any kind.
- SP.A may modify the Terms of this Agreement in any way and at any time without notice to you, and you agree to be responsible for making yourself aware of any modification of the Terms and to be bound by any modification of the Terms when you continue to access or use the Services after any such modification. As a matter of courtesy, SP.A endeavors to inform its community members of any such changes. These Terms supersede all prior agreements between you and SP.A pertaining to the Services. Except for the statements in this document and the documents expressly incorporated herein by reference, no statement by SP.A or anyone associated with SP.A, whether verbal or written, can modify or supplement the Terms of this Agreement unless the modification or supplement is stated expressly in writing by referring to this Agreement. If any of the Terms in the Agreement are held to be invalid or unenforceable by a court or arbitrator or by operation of law, the remaining Terms will remain in effect.
Contact Information & Effective Date
If you have any questions, comments, or concerns about our activities, please email us at firstname.lastname@example.org.
The effectivity date of this General Terms and Conditions is January 1, 2021.