1. Introduction and Definitions
For the purposes of these Terms of Service (the “Terms”):
- “You” and “your” refer to any individual or legal entity (including its directors, officers, employees, agents, representatives, and any other persons for whom it is responsible) who uses a Service and is thereby bound by these Terms.
- “TmatNetwork Media” refers to TmatNetwork Media Ltd.
- “Service” means any product or service provided by TmatNetwork Media that you use or subscribe to; “Services” means more than one such product or service.
- “Website” means www.tmatnetwork.com, all relevant subdomains, and any other website owned by TmatNetwork Media.
- “Service Package” means any service package or plan for Services offered on the Website to which you subscribe.
2. Legal Agreement
TmatNetwork Media provides Services to you subject to these Terms. By:
- completing the registration process on the Website,
- subscribing to a Service Package,
- using a Service, or
- using the Website,
you accept these Terms as a binding agreement and contract between you and TmatNetwork Media. You acknowledge that you have read, understood, and agree to be bound by these Terms.
If you disagree with any part of these Terms, you must leave the Website and discontinue using the Service immediately.
If you are using the Service on behalf of another person, company, entity, organization, or third party, you represent and warrant that you are authorized to accept these Terms on that third party’s behalf. You and such third party jointly and severally agree to indemnify and hold harmless TmatNetwork Media and its directors, officers, employees, agents, and representatives (the “TmatNetwork Group”) from any liabilities, actions, demands, judgments, losses, costs, damages, and expenses (“Losses”) arising from your violation of these Terms.
TmatNetwork Media reserves the right to modify these Terms from time to time without prior notice. Such modifications shall be effective upon posting on the Website. It is your responsibility to check the Website periodically for any changes to the Terms. By using the Services after any modification is posted, you agree to be bound by the updated Terms.
3. Registration and Your Security Obligations
You agree to:
- Provide accurate and current information about yourself as prompted by the registration form.
- Maintain the security of your password.
- Accept all risks of unauthorized access to your password and account.
TmatNetwork Media does not warrant that data transmitted through or stored in connection with the Services cannot be intercepted or accessed for illegal purposes.
You agree to indemnify and hold harmless the TmatNetwork Group from any Losses arising from the content and operation of your account. Except as expressly set out in these Terms, TmatNetwork Media assumes no responsibility for:
- The content, results, or operation of your account or your data;
- The security of your account or data; or
- Any Website.
4. Grant of Right to Use
Subject to these Terms and any restrictions imposed by applicable laws, regulations, ordinances, judgments, orders, or policies of any authorized governmental body, TmatNetwork Media grants you a limited, revocable, non-exclusive right to use the Services solely as provided in your Service Package.
You may use the Services during the subscription period, provided you have paid and continue to pay all applicable subscription fees (including renewal fees) when due. Your Service Package is non-transferable.
You retain all rights and ownership in the data contained in your Service reports. TmatNetwork Media shall have the right to use the data contained in Service reports for:
- Trend assessment;
- Aggregation and analysis;
- Case studies;
- Development of new products; and
- Survey generation.
For these purposes, TmatNetwork Media agrees that any data used will be anonymized to protect confidentiality.
During the subscription period, TmatNetwork Media grants you the right to:
- Reproduce, copy, modify, adapt, translate, and create derivative works of the Service reports developed for you; and
- Transmit and/or publish the Service reports.
You may not use the Service for:
- (a) Any purpose contrary to any applicable law or regulation;
- (b) Any fraudulent, illegal, or immoral purpose; or
- (c) Any purpose that directly interferes with the use of services provided to any other customer of TmatNetwork Media.
The granted right terminates immediately upon non-compliance with these Terms. TmatNetwork Media may, at its discretion, suspend or terminate your account, terminate this agreement, and pursue any applicable charges and fees.
5. Terms of Payment and Refunds
All pricing and payment terms (including billing periods) not provided in these Terms are available on the applicable page for each Service Package on the Website.
You agree to pay, forthwith or at such time as specified by TmatNetwork Media, all applicable fees, including one-time or recurring fees incurred in connection with projects under your Service account, at the prices effective at the time the subscription is purchased (“Subscription Fees”).
All transactions are processed via secure services. You:
- Are responsible for all payments to TmatNetwork Media as and when due;
- Are solely responsible for the security of your account; and
- Must provide TmatNetwork Media with all necessary details regarding your payment account to facilitate and process all required payments of Subscription Fees.
Unless stated otherwise in writing or in these Terms under Section 9, all Subscription Fees and other charges are non-refundable.
6. Confidentiality
TmatNetwork Media shall not share your Service reports or any other information related to your projects in the Service account with third parties without your prior written consent, except:
- To perform obligations under these Terms; or
- If required by law, regulation, or court order.
If disclosure is required by law, regulation, or court order, TmatNetwork Media agrees to give you as much notice as is reasonably practicable prior to disclosing such information (unless prohibited by law).
You agree that TmatNetwork Media may use your name, corporate name (if applicable), and logo (if applicable) to identify you as a user and client in promotional materials.
7. Disclaimer
To the extent permitted under applicable laws, TmatNetwork Media and its affiliates, members, officers, employees, agents, partners, and licensors expressly disclaim any warranties and conditions of any kind, whether express or implied.
8. Limitation on Liability
To the extent permitted under applicable laws, TmatNetwork Media and its affiliates, members, officers, employees, agents, partners, and licensors shall not be liable for any indirect, consequential, exemplary, incidental, special, or punitive damages arising from your use of the Service.
9. Termination
TmatNetwork Media may terminate these Terms:
- For any reason; or
- If you breach or violate these Terms and do not cure such breach within the time period provided for cure.
You may terminate these Terms by contacting a TmatNetwork representative.
Upon notification of termination, you must immediately cease using the Service.