Terms and Conditions
Standard Terms and Conditions of Business of the LimeService Online Service
(also available in German language ) - Last change: 1. November 2010
I. Area of applicability
1. These Standard Terms and Conditions ("T&Cs") govern the provision of services offered by Fa. Carsten Schmitz, Eidelstedter Weg 23, 20255 Hamburg, (“LimeSurvey.com) which may be utilized by users at the websites http://www.limeservice.com, http://www.limeservice.net, http://www.limeservice.org etc. ("limeservice").
2. By registering with LimeService, you expressly agree to be bound by these T&Cs. LimeSurvey.com expressly reserves the right to modify or alter these T&Cs at all times with binding future effect. Users shall be notified of any such modifications or alterations at a suitable place within LimeService. By logging onto LimeService, users agree to be bound by such modifications or alterations.
II. Services provided by LimeSurvey.com
1. LimeService provides users with a means of creating, managing and evaluating surveys online. Descriptions and manuals describing the scope of the services available, which are subject to ongoing further development, are available at LimeSurvey.org for downloading or inspection. LimeService offers its users the means for discussing the services, obtaining additional information and, if desired, establishing contacts with other users in forums on LimeSurvey.org. Among other things, LimeService allows surveys and survey evaluations to be integrated in users' own websites.
2. As a matter of principle, the online service is available at no charge with a certain response. Once a certain monthly response volume is reached, however, costs arise as the user must buy additional response volume. Bought response volumes are one-off buys and will be added to the user's response account balance. The applicable prices are set out in the price list available at LimeService.
1. Prior registration is necessary to use LimeService. The user must complete the requisite fields of the registration form truthfully and in full. Otherwise, the service will not be available.
2. The service is available only to users with full legal capacity. Persons who do not have full legal capacity must be represented by a person with full legal capacity.
3. Users undertake to treat their logon data and passwords confidentially and to refrain from disclosing them to any third parties. LimeSurvey.com shall be notified immediately if logon data and/or passwords become known to third parties.
4. Users are not allowed to register or use several accounts on their behalf unless explicelty permitted by LimeSurvey.com. LimeSurvey.com reserves the right to check existing registrations/accounts for such violations and may lock or delete such accounts without further notice.
IV. Storage of surveys and responsibility
1. LimeSurvey.com shall provide users with storage space on LimeService for the surveys which they place on it. The available storage space shall be limited to 100 MB. LimeService expressly states that users are able and obliged to download and back up the data collected in their surveys themselves. In the event of any failure in the LimeService system, data may be lost, in which case LimeSurvey.com shall not be held liable unless such loss of data is due to gross negligence or willful misconduct.
2. The user should expressly note that LimeSurvey.com performs a backup of all the data held on LimeService every 24 hours . Accordingly, in the event of the aforementioned system failure, the data added since the last backup in particular may be lost.
3. The service is offered for users to run surveys in a normal and reasonable frame and manner. Should the service be misused by a user wasting extraordinary amounts of ressources, using the inivation/reminder email system to send advertisement messages, or disturbing the usage for other users, LimeSurvey.com preserves the right to lock the particular account without advanced notice. LimeService reserves to the right to check occasionally on the contents of emails sent using the invitation system.
V. Duration of right of access
1. The user may terminate his membership at any time. Upon termination of his membership, the user shall not be entitled to recover any reimbursement from LimeService for bought response volume.
2. LimeSurvey.com may terminate the user's right to utilize the services provided without stating any reasons. If the user has acquired bandwidth, the amount paid shall be reimbursed on a proportionate basis by LimeSurvey.com. This shall not apply if the termination of the user's right to utilize the services is due to any breach by the user of his obligations as specified in these T&Cs or he fails to utilize the services provided by LimeService over a period of six months.
3. If the user does not utilize the services for 3 months and the user's account response balance is same or below the monthly free volumen/bandwidth the user will be notified with a warning email that his account is to be deleted. After further 14 days the account will be deleted unless the user at least once logs into his survey administration during that time period.
4. If the user does not utilize the services for an ongoing period of 3 months (by not loggin into the survey administation) and the user's account response balance is above the monthly free response volumen there will be a monthly fee of 50 responses/50MB removed from the user's response account balance.
5. In all cases in which the user's right to utilize the services is terminated, LimeSurvey.com may delete the content placed within LimeService by the user in question. The user shall have no right to claim relinquishment or provision in any other form of his content. Consequently, LimeSurvey.com again stresses that users are able and obliged to backup their data themselves at all times.
6. In addition, LimeSurvey.com may suspend or discontinue LimeService or all or part of the services offered at any time and without prior notice. In this case, the user's right to utilize the services shall cease automatically.
VI. Grant of rights
1. The user permits LimeSurvey.com to manage and store the content for the provision of the services available at LimeService. LimeSurvey.com shall not be granted any other rights over and above this.
2. For the duration of his membership, LimeSurvey.com permits the user to utilize the services available at LimeService and grants the user the simple and non-transferable right to do so.
VII. Availability of services
1. The user acknowledges that LimeSurvey.com does not make any guarantee or warranty for the provision of the services which it offers at LimeService. LimeSurvey.com expressly reserves the right to discontinue LimeService or the services provided via LimeService in full or in part or to restrict availability.
2. Accordingly, LimeSurvey.com shall assume no liability for ensuring that the services offered are available for utilization by users at all times and/or without any interruptions.
1. LimeSurvey.com shall be liable only for loss or damage caused by infringement of its contractual duties as a result of willful misconduct or gross negligence. Liability for the infringement of contractual duties caused by simple negligence shall be excluded as far as this is permitted by law. If it is not possible to exclude liability for simple negligence (e.g. in the case of obligations going to the root of the contract), LimeSurvey.com's liability shall be confined to damage or loss which could typically have been foreseen when the contract was entered into. This shall not prejudice LimeSurvey.com's liability for personal injury, loss of life and impairment of health or in accordance with product liability legislation. The aforementioned restrictions to liability shall also apply to any breach of duty on the part of the representatives or agents of LimeSurvey.com.
2. All claims for compensation asserted against LimeSurvey.com shall be barred 12 months after the date on which they arise. This shall not apply to claims based on willful or tortious acts or those which give rise to liability under product liability legislation.
3. The user shall bear the risk of any interception, manipulation or impairment by third parties of the user response volume or third-party generation of responses (e.g. hacker attacks), unless LimeSurvey.com contributes to such loss or damage as a result of willful misconduct or gross negligence. However, LimeSurvey.com undertakes to take appropriate precautions to prevent such manipulation or interception to the extent that this technically possible and reasonable in the light of the costs involved. In addition, LimeSurvey.com shall furnish users with any data available to assist in asserting claims for damages against such third parties.
4. The aforementioned restrictions of liability shall also apply to entities associated with LimeSurvey.com as well as to any personal liability on the part of employees, representatives, shareholders and agents of LimeSurvey.com and/or entities associated with LimeSurvey.com.
IX. Property rights of LimeSurvey.com
The user acknowledges that all brands and other names used within LimeService and all logos are the sole property of LimeSurvey.com and may not be used without the prior written approval of LimeSurvey.com. Moreover, none of the software used for providing the services may be copied, decompiled or otherwise modified except with the express consent of LimeSurvey.com.
X. Data privacy
1. These T&Cs and the entire legal relations between LimeSurvey.com and the user shall be subject solely to the laws of the Federal Republic of Germany to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. The place of fulfillment shall be Hamburg. As far as legally possible, the forum for any disputes shall be the courts of law of Hamburg .
2. If any of the provisions in these T&Cs are void, this shall not prejudice the validity of the remaining provisions. Void or ineffective provisions shall be replaced by ones whose content and purpose come as close as possible to the economic intention of these T&Cs; this shall apply accordingly to any gaps found in these T&Cs.