1. Introduction and Definitions
For the purposes of these Terms of Service (hereinafter “Terms”), “you” and “your” refer to any individual or legal entity, including its directors, officers, employees, agents, representatives, and others for whom it is responsible, who uses a Service and is thereby bound by these Terms. “TmatNetwork Media” shall refer to TmatNetwork Media Ltd. “Service” refers to any product or service utilized by you or subscribed for by you and provided by TmatNetwork Media, and “Services” shall mean more than one. “Website” shall refer to www.tmatnetwork.com and all relevant subdomains and/or any other website owned by TmatNetwork Media. “Service Package” refers to any service package or service 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 and acknowledge that you have read, understand, 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 any other person, company, entity, organization, or third party, you represent and warrant that you are authorized to accept these Terms on such third party’s behalf, and that you and such third party jointly and severally agree to indemnify and save harmless TmatNetwork Media and its directors, officers, employees, agents, and representatives (“TmatNetwork Group”) from any liabilities, actions, demands, judgments, losses, costs, damages, and expenses (“Losses”) arising from a violation by you 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 them on the Website. It is your responsibility to check the Website from time to time to apprise yourself of any changes to the Terms. You agree to be bound to any changes of these Terms when you use the Services after any such modification is posted.
3. Registration and Your Obligations of Security
You agree to provide accurate and current information about yourself as may be prompted by the registration form, maintain the security of your password, and accept all risks of unauthorized access to your password. TmatNetwork Media does not warrant that any data may not be intercepted for illegal purposes. You agree that you shall indemnify and save harmless TmatNetwork Group from any Losses arising from the content and operation of your account. Except as set out in these Terms, TmatNetwork Media assumes no responsibility for the content, results, or operation of your account, 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 any governmental authority or applicable laws, regulations, ordinances, judgments, orders, or policies set forth by 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 the subscription fees (including renewal subscription fees), when and as applicable. Your Service Package is non-transferable. We hereby acknowledge your right and ownership to the data contained in the Service reports. TmatNetwork Media shall have the right to utilize the data contained in the Service reports for trend assessment, aggregation 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;
- 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, (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, and 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 terms of payment (including billing period) not provided below are available on the applicable page of each Service Package on the Website. You agree to pay forthwith, or at such time specified by TmatNetwork Media, all applicable fees, including one-time or recurring fees incurred in connection with the projects of the Service account at the prices effective at the time a subscription is bought (“Subscription Fees”).
All transactions are processed via secure services, and you will:
- Be responsible for all payments to TmatNetwork Media as and when due;
- Be solely responsible for the security of your account;
- Provide TmatNetwork Media with all necessary details as to your payment account to expedite 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 never share user Service reports and any other information related to user projects in the Service account with third parties without your prior written consent, except for the purpose of performing obligations under these Terms or if required by law, regulation, or court order. If so required, we agree to give you as much notice as is reasonably practicable prior to disclosing such information. 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 warranty 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.
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