Welcome, and thank you for visiting QualSights.com. Georama, Inc. d/b/a QualSights (“QualSights”) is a Delaware (USA) corporation, and our principal office is located at 541 N. Fairbanks Ct, Suite 2200, Chicago, IL 60611 USA.
QualSights provides a unique online service which allows our customers (which are generally businesses) to observe and understand how consumers shop for, use, consume, and/or experience products, services and related items (e.g. groceries, packaging, marketing materials) in a variety of real-world environments. To make this possible, our platform provides several interrelated features that allow our customers (again, businesses) to initiate and engage in live or recorded interview sessions and activities with research participants using any of a variety of possible devices (e.g. smartphones, cameras, etc.) in any of a variety of contexts (e.g. video/photo/audio activities, video/audio interviews & focus groups, surveys, in-person fieldwork). All participation by research participants is entirely voluntary.
II. Terms of Service
III. Scope; Additions and Changes to These Terms
IV. Rules of Conduct for Site Users
(1) Rules of Conduct
Generally, you promise that you: (i) will not to use the Sites for any purpose that is prohibited by these Terms; (ii) will use the Sites in a manner that complies with all laws and export restrictions; and (iii) will use the Sites only as they are designed and intended to be used (and if you have any questions about our intentions with regard to the Sites you agree to contact us for clarification).
More specifically, you agree that you will not:
- Transmit, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, offensive, fraudulent, infringing, obscene, or otherwise objectionable content in any way (as determined in our sole discretion);
- Intentionally or recklessly distribute viruses, worms, trojan horses, or any other malicious code or items of a destructive, deceptive or invasive nature;
- Impersonate another person or company, or otherwise misrepresent yourself or your company/entity in any way;
- Upload, transmit or otherwise use a third party’s intellectual property or other proprietary information in or on the Sites without the express permission from the appropriate third party (owner, licensor, etc.);
- Use the Sites to violate the privacy, publicity, or similar legal rights of others; and/or use the Sites to harass, defame, libel or otherwise harm others;
- Attempt to gain unauthorized access to the Sites (or any part of the Sites to which access is restricted or limited in any way) or other accounts; and/or take any action to subvert security or access-restriction measures that are incorporated into the Sites;
- Directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Sites, except to the limited extent applicable laws may specifically prohibit or limit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Sites; or (iii) copy or otherwise transfer or misappropriate any of our content, third party content, intellectual property rights, or features of the Sites;
- Remove or modify any of our logos; or any copyright, trademark, or other proprietary rights notices contained in or on the Site; or
- Take any other action that is detrimental to the best interests of our company, the Sites, Site users, or the public.
V. User Content and Copyright Claims
- (1) Content
We reserve the right to remove, edit or modify any content or other materials on the Sites at any time, temporarily or permanently, without notice to you or other users, for any reason in our sole discretion (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content, or if we are concerned that you may have violated these Terms).
- (2) Digital Millennium Copyright Act (“DMCA”)
If you are a copyright owner, or an agent thereof, and you believe that certain content hosted on the Sites infringes on your copyright interests, you may submit a notice thereof pursuant to the Digital Millennium Copyright Act (“DMCA”) to us by providing us with the information listed below. Following receipt of a full and complete notice, we will take whatever action(s) we deem appropriate (in our sole discretion), which may include removing the subject material from the Site.
To provide full notice to us please provide the following, in writing:
Notice under this section should be delivered to:
- Please identify the owner of the copyright that is alleged to be infringed, and please provide a name and physical or electronic signature of the copyright owner or of a person authorized to act on behalf of such owner;
- Please identify the copyrighted work that you claim has been infringed (images, screenshots, etc. may be acceptable, in conjunction with a written description or web link, as may be applicable), a clear description of the location on the Sites of the allegedly infringing material, and a clear description of how you believe that your copyrighted material has been infringed;
- Please provide us with adequate contact information so that we will be able to contact you regarding your notice;
- Please provide a written statement to the effect that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- Please provide a written statement to the effect that the information in your notification is accurate, and that, under penalty of perjury, you are the owner or are authorized to act on behalf of the owner of the right that is allegedly infringed.
541 N Fairbanks, Suite 2200, Chicago, IL, 60611
VI. Additional Terms - Registration
- Registration Information
You agree that the registration information that you provide to us at registration and at all other times will be true, accurate, current, and complete. You agree to accept responsibility for all activities that occur under your account. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account information and your password, and for restricting access to your computer and other equipment.
- Termination of Registration
- You agree that we may freeze or terminate your registration and your access to all or any part(s) of the Sites at any time, with or without notice, and with immediate effect, if we believe such action(s) are in the best interests of the Sites or the public, as determined in our sole discretion. Such action may result in the forfeiture and destruction of all information associated with your registration and/or your account.
- In the event of any termination of any kind, all fees paid prior to such termination are non-refundable.
- You may terminate your account at any time by following the instructions on the Sites. You may terminate these Terms at any time by canceling your registration on the Sites and discontinuing your use of the Site. However, all provisions of these Terms which by their nature should survive termination, shall survive termination; including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
VII. General Conditions Governing Your Usage of the Site
- (1) Eligibility/Use Limitations
You may not use the Sites if you have been barred from doing so or are otherwise barred from using the Sites under the laws (including treaties) of the US or of any other nation or jurisdiction. You must be 18 years of age or older to use the Sites. If you are registering or using an account on behalf of a company, entity, or organization (a “Corporate Entity”), then you represent and warrant that you are an authorized representative of that Corporate Entity with the authority to bind such organization to these Terms; and you agree to be bound by these Terms on behalf of such Corporate Entity.
- (2) Links, Third Party Products and Service Partners
A. Links. The Sites may contain links to third-party websites or resources on the Internet, and in addition, third-party websites may contain links to the Sites. When you access third party websites, you do so at your own risk. Third party websites are not under our control, we have no obligation to monitor third party websites, and you acknowledge and agree that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such third-party websites or resources. The inclusion of any link to a third-party website on the Sites does not imply any endorsement of that website by us or any association with its operators. Your access and use of linked sites and/or 3rd party resources is solely at your own risk.
B. Service Partners. We may, from time to time, contract with third parties to provide a portion of the services associated with the payments, hosting, administration and/or other service features (e.g. payment processing, application hosting) of the Sites (hereafter “Service Partners”). You are responsible for ensuring that you comply with the terms of service (or equivalent agreement) of each Service Partner if you use applicable Service Partner services via a separate website or mobile site, and you will indemnify, defend, and hold us harmless from any breach of such agreement.
- (3) Notices, Contact Information
- Notice to Us: You can contact us at the following:
541 N Fairbanks, Suite 2200, Chicago, IL, 60611
- Notice to You:
- If you have registered with the Sites and we need to contact you directly for any reason, we will do so via the email address that you provided during the registration process. Such notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.
- By providing us with contact information, you consent to receive reasonable communications from us electronically. Such communications may include, but will not be limited to, legally required disclosures or other information in connection with the Sites (collectively, "Service Notices"). You can withdraw your consent to receive notices at any time.
VIII. Ownership and Proprietary Rights
- (1) We Retain Ownership of the Sites, our Property and Content
The Sites contain content and proprietary materials created and/or owned by us or by our partners. Such content is protected under the laws of the Unites States and other countries, international conventions, and other relevant intellectual property and proprietary rights laws, and such protections may include copyright, trademark, service mark, patent, trade secret and/or trade dress, and/or other proprietary rights. You must abide by and maintain all copyright, trademark and other proprietary rights notices, information, and restrictions contained in any content accessed through the Sites. And to be clear, we retain all rights in the Sites and our content except those rights expressly granted to you by these Terms.
- (2) Grant of Limited License to Sites (for Site Use)
Subject to these Terms, we grant to you a limited, non-exclusive, non-sublicensable and non-transferable license to use the Sites and our content solely for personal (or authorized entity) use in conjunction with your use of the Site.
- (3) Feedback and Future Development
If you provide us with any suggestions or feedback (including but not limited to suggestions for improvements to the Sites, hereafter “Feedback”), you hereby grant us a fully-paid, royalty-free, perpetual, irrevocable, nonexclusive license to use and/or exploit such Feedback in any way, including but not limited to by incorporating such Feedback into the Sites.
IX. Liability Provisions, Dispute Resolution
- (1) Warranties and Representations by Us
We make the Sites available to you – and to the public in general – on a limited basis. You agree that we have no special relationship with, or fiduciary duty to, you.
THE SITES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND EXCEPT AS SET FORTH ABOVE, THE SITES ARE PROVIDED WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
SOME STATES MAY NOT ALLOW LIMITATIONS ON CERTAIN WARRANTIES OR ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU OR MAY BE LIMITED BY ACTION OF LAW. IN SUCH EVENT, YOU AGREE THAT OUR LIABILITY WILL BE THE LOWEST LIABILITY ALLOWABLE UNDER SUCH APPLICABLE LAW.
Electronic Communications Privacy Act Notice (18 USC 2701-2711): WE MAKE NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITES OR ANY WEBSITE LINKED TO THE SITE. We will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other user content stored on our equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Site.
- (2) Indemnification by You
You agree to defend, indemnify, and hold harmless us, our affiliates and each of our employees, agents, members, partners, contractors, directors, suppliers and representatives, from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to your violation of any of these Terms.
- (3) Waiver, Release
As a condition of the use of the Sites, you, to the fullest extent permitted by law, hereby waive and release all claims of any kind against us, our parent companies, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns, for any claims, actions, suits, procedures, costs, expenses, damages and liabilities of any kind that may arise out of or in any way are related to your use of the Sites.
Further, YOU HEREBY EXPRESSLY WAIVE ALL RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542 (or any statute of like effect in the jurisdiction in which you are located). This waiver extends to and includes any and all claims, liabilities, injuries, damages, and causes of action that you do not anticipate, know, or suspect to exist at the time that you use the Sites but that may develop, accrue, or be discovered in the future.
- (4) Limitation of Liability
IN NO EVENT SHALL WE, NOR OUR DIRECTORS, MEMBERS, SHAREHOLDERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SITES: (I) FOR ANY LOST PROFITS, DATA LOSS, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, OR FOR SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING); (II) FOR ANY DAMAGES OF ANY KIND CAUSED BY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION); (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE-HUNDRED U.S. DOLLARS ($100.00) IN ANY CIRCUMSTANCE.
THE LIMITATIONS ON OUR LIABILITY TO YOU AS SET FORTH ABOVE SHALL APPLY TO THE MAXIMUM AMOUNT PERMITTED UNDER APPLICABLE LAW WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
- (5) Statute of Limitations
UNLESS OTHERWISE SPECIFICALLY PROVIDED IN THESE TERMS, YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
- (6) Choice of Law and Venue
These Terms shall be governed in all respects by the laws of the State of Illinois, without regard to such state’s conflict of law provisions. You agree that any claim or dispute you may have against Us must be resolved by a court located in Cook county, Illinois except as otherwise agreed by the parties or as described in the Arbitration Agreement paragraph above. You agree to submit to the personal jurisdiction of the courts located within Cook county, Illinois for the purpose of litigating any such claims or disputes.
X. Subscriptions, Payments and Charges
- (1) Services and Fees, Generally:
The Sites may allow you to purchase a project or subscription to access and/or use certain SaaS-based Services (“Services”) in exchange for certain payments. Applicable fees and services are described on the Sites, or in other service documentation (e.g. a proposal) provided by us.
- (2) Services - Terms:
If you elect to purchase Services, then the date upon which you complete your registration on the Sites or your account is activated by us and we receive a PO or initial payment will be the effective date (the "Effective Date") of your purchase.
If you purchase a subscription or other time-based service, then the date on which your service period ends will be last day of the subscription period or the last day of services, as indicated on the Sites or other documentation. Following the end of any service period you agree that we may provide you notice that your subscription period has expired, and that you should download any content generated by you in conjunction with your use of the Sites. 90 days following such notice we may terminate all applicable services, and we may delete your account(s) and all account-related information. Unless otherwise agreed, following termination, we will have no obligation to archive, retrieve or transmit any Site or account-related information to you.
- (3) Payment Processing:
- (4) Your Agreement re Payment Processing:
If you use a credit card to make a payment on the Sites, you understand and specifically agree that we (and/or our third party service provider, as applicable) may process charges for the transactions initiated by you in accordance with the fees and rates set forth on the Sites.
- (5) Additional Obligations/Restrictions:
- You will indemnify, defend, and hold us harmless from any breach by you of any credit or debit card processing and/or issuing agreement, and any breach by you of any agreement with an alternative payment service provider (e.g. PayPal).
- You may not share accounts, and you may not create multiple user accounts or multiple user connections to the Sites in order to evade an obligation to pay service fees or other charges.
- For all purchased resources and services, we will charge you in the manner and/or amounts indicated on the Sites or as otherwise expressly agreed by us in writing. If for any reason your payments are late, such payments may bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less) until paid. All charges are exclusive of taxes. If your payments are late we reserve the right to suspend or cancel your transactions and related Site privileges. And you are responsible for paying reasonable expenses and attorney’s fees that we incur collecting late payments from you.
- You are responsible for paying all taxes and government charges applicable to payments you make in conjunction with the Site. To the fullest extent permitted by law, and notwithstanding anything to the contrary in these Terms, you waive all claims relating to Site-related charges unless claimed within 60 days after the due date of the charge (this does not affect your credit card issuer rights).
- You acknowledge and agree that any credit card information, other payment service information, and/or related billing and payment information that you provide may be shared by us with third party service providers such as payment processors and/or credit agencies, solely for the purposes of checking credit, processing payments and otherwise servicing your account. You agree that we may convey such information as we have access to in response to valid legal process (such as subpoenas and court orders), or to establish or exercise our legal rights. We will not be liable for any use or disclosure of such information by such third parties.
XI. General Provisions
- (1) Integration and Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
- (2) Additional Terms
We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including ‘line-noise’ interference). The Terms are personal to you and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without your consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under these Terms will be in writing and will be deemed to have been duly given: (a) when received (if personally delivered) or sent by certified or registered mail, return receipt requested; (b) when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or (c) the day after it is sent, if sent for next day delivery by recognized overnight delivery service. No action by any third party or any statement by any person other than our chief executive or managing partner shall operate to amend these Terms. To the extent there is an inconsistency between the Terms of Service and other terms or policies, these Terms of Service shall govern. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
The following capitalized words will have the meanings assigned below. Other words will also be defined in other sections of these Terms.
- The terms “we,” “us,” “our,” “ours” and equivalent terms refer to QualSights, and all of such entity’s employees, officers, directors, agents and investors, as well as such entity’s parent and associated companies.
- The terms “you,” “your,” “yours,” and equivalent terms refer in each case to the individual (whether acting either individually or representing a corporate entity) who accesses or uses the Sites or any of the features of the Sites and has thereby accepted these Terms.