Avidestal

Terms & Conditions


Welcome to AvidCircle, a co-branded online community built for online qualitative research. This community (the "Service," or the "Website") is provided by Avidestal Technologies ("Avidestal"). By using this website, you agree to be bound by these Terms of Use (this "Agreement") and the Privacy Statement.


This Agreement sets out the legally binding terms of your use of the Service and may be modified by AvidCircle at any time, and without prior notice, such modifications are to be effective when posted by AvidCircle on this website. Your continued use of the Service after any modifications are posted constitutes your consent to such modifications. In addition, this Agreement includes our acceptable use policy for content posted on the Service and notices regarding the website.

AvidCircle allows one to engage and interact with fellow community members and moderators effectively. One can share their opinions, answer surveys, answer polls, participate in a bulletin board discussion related to various market research topics.

YOU MAY NOT USE THIS SERVICE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO ANY SERVICE MAY BE TERMINATED IMMEDIATELY AT AVIDCIRCLE'S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT OR FOR ANY OTHER REASON.

Eligibility

By using the Service, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of its terms and conditions.

Term

This Agreement will remain in full force and effect while you use the Service and/or are a member. You may deactivate your membership at any time by sending an e-mail to support@avidestal.com , including "DEACTIVATE" in the subject line. AvidCircle may terminate your membership at any time for any reason. In the event of deactivation or termination, other terms of this Agreement will remain in effect.

Noncommercial Use by Members

The Service is for the personal use and enjoyment of individual members only and may not be used in connection with any commercial endeavors. You may not use or copy content from the Service for use with any other product or Service, and illegal or unauthorized uses of the Service are prohibited.

AvidCircle's Property

AvidCircle either owns or is licensed to use all proprietary rights in the Service, including all copyrights, trademarks, and patent rights associated with the Service. Accordingly, except for information that is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

Registration

While you can view some features of the Service without registering, you must register to use all of the features of the Service, including to post a profile, post other content, or communicate with other members. When you register for the Service, you are required to provide certain information and are provided an opportunity to create a profile containing additional, optional information. We will send you an e-mail at the address you provide to confirm your membership, after which your membership will be activated. You will be asked to select a username and password.

You must provide us with current, complete, and accurate information as requested by the registration form. Updating this information is your responsibility.

After completing the registration form, you may be asked to choose a user identification (username) and password. Usernames are subject to AvidCircle's approval and must not contain misleading or objectionable material. It is your responsibility to maintain the confidentiality of your password and account. Additionally, you are responsible for any and all activities under your account. You agree to notify AvidCircle immediately of any unauthorized use of your account. AvidCircle is not liable for any loss that you may incur due to someone else using your password or account, either with or without your knowledge.

If the Service does not recognize your device from a previous sign-in, you will be asked for information that will help us to identify your registration.

Policy Regarding Postings

After you have registered and your membership is confirmed, you will be able to post content on the Service (the "Content") and communicate with other members. You are solely responsible for the content that you publish or display (hereinafter, "post") or transmit to other members via the Service. By posting content to any public area of the Service, you automatically grant, represent and warrant that you have the right to grant, to AvidCircle an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.

AvidCircle does not control and is not responsible for any notes, messages, billboard postings, photographs, profiles, or other materials posted or delivered to the Service by you or other members. AvidCircle is not obligated to and does not regularly review, monitor, delete, or edit postings. However, AvidCircle reserves the right to do so at any time at its sole discretion, for any reason or no reason, and to delete or edit any posting that is objectionable, offensive, illegal, or in violation of this Agreement with or without notice. You agree that you have no recourse against AvidCircle if we refuse to post, or if we delete or refuse to delete, any post by you or other members.

You agree that you will not:

 

  • Post or deliver any unsolicited advertisement, promotional materials, junk e-mail, bulk e-mail (also known as "spam"), chain letters, surveys, or contests, or solicit participation in any pyramid schemes without our express prior written consent. The number of postings by any member is subject to reasonable limits at the discretion of AvidCircle.
  • Post or deliver any advertisement or solicitation via the Service to buy or sell any products or services or engage in commercial activities and/or sales, without our prior written consent.
  • Post or deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, tortuous, harassing, hateful, or otherwise objectionable.
  • Post or deliver, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of a medical condition, religion, race, ethnicity, sexual orientation, gender, age, or disability.
  • Post or deliver or provide links to, any postings containing defamatory, false, or libelous material.
  • Post or deliver information that you know is false, misleading, or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous.
  • Post or deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity.
  • Post or deliver any posting that you do not have a right to make available under law or contractual or fiduciary relationships.
  • Post or deliver information that violates our community guidelines.
  • Impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another.
  • Manipulate identifiers, including by forging headers, to disguise the origin of any posting you deliver.
  • Use the Service in any manner that could damage, disable, overburden, impair or otherwise interfere with the use of the Service or other users' computer equipment, or cause damage, disruption, or limit the functioning of any software, hardware, or telecommunications equipment.
  • Attempt to gain unauthorized access to the Service, any related website, other accounts, computer system, or networks connected to the Service through hacking, password mining, or other means.
  • Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service, including harvesting or otherwise collecting information about others such as e-mail addresses.

You are solely responsible and liable for postings delivered to the Service using your account. Any violation of these provisions can subject your AvidCircle membership to immediate termination and, possibly, further legal action.

We reserve the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators.

Rewards Program

The Service currently includes a program for those who are invited and choose to participate, to accumulate, purchase and/or redeem rewards points (Points) on an individual basis for your own account (Rewards Program). The Rewards Program may be structured to offer benefits based on your current balance of ''redeemable'' Points (that is, Points that have not previously been redeemed) and/or ''lifetime'' Points (all prior Points accumulated, whether previously redeemed or not).

AvidCircle may establish criteria pursuant to which you may ''earn'' Points (e.g., by registering for the Service, engaging in specified activities, like creating and/or sharing content, and/or participating in other activities). In addition, points may expire and become non-redeemable after a specified period of time, as determined by AvidCircle.

AvidCircle may offer benefits to members in exchange for the redemption of a specified number of Points. The nature of those benefits and the number of Points required to obtain such benefits will be established by AvidCircle.

 You acknowledge and agree that:

 

  • Points have no cash value.
  • Points have no purpose or use except in exchange for benefits (if any) offered by AvidCircle through the Rewards Program.
  • Redemption offers may be time-limited.
  • Rewards are subject to availability. AvidCircle reserves the right, in its sole discretion, to delete, add, modify or substitute e-gift cards at any time and for any reason.
  • Points are not returnable, refundable, transferable, or exchangeable. In other words, Points may only be used in the rewards program and cannot be sold, traded, bartered, given away, redeemed by, or transferred to any other person or account.
  • The Service and Rewards Program has no predetermined termination date and may continue until AvidCircle decides to terminate the Service and/or Rewards Program.
  • Any account which has been dormant for a period of twelve (12) months may be deemed terminated and all Points in that account may be removed and will not be reinstated.
  • AvidCircle's ability to accurately credit Points to your account based on your activities at social networking sites may be restricted by the terms, conditions, or functions of such sites.
  • Points are not valid unless earned in strict compliance with the requirements established by AvidCircle. You will not attempt to earn Points by any unauthorized means, including without limitation, by using any script, bot, or other automated methods.
  • By redeeming the Points and accepting the rewards, you will be solely responsible for all (a) federal, state, provincial, and/or local taxes, if any; and (b) other fees and expenses associated with the receipt and use of the prize(s) or Points.
  • Receipt of a reward constitutes permission (except where prohibited by law) for AvidCircle and its designees to use your name, voice, image, likeness, statements, biographical information, and any other personal characteristics, in any and all media now or hereafter known, for any purpose, including without limitation advertising, marketing, promotional and/or publicity purposes without additional compensation.
  • As a condition of participation in the Rewards Program, you hereby release AvidCircle and its affiliates and partners from and against any and all liability, claims, or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with the earning, redemption, use or otherwise participating in any aspect of the Rewards Program, or the receipt, ownership or use of any reward(s) received.
  • Unless a Reward comes with a product warranty, Rewards are awarded "AS IS" and without warranty of any kind, express or implied, including but not limited to any implied warranty of merchantability, fitness for a particular purpose, or non-infringement.
  • AvidCircle is not responsible for any unavailability or interruptions to any equipment or Service used in connection with AvidCircle Ambassadors, including, without limitation: (a) interruptions to any network, server, internet, website, telephone, satellite, computer, or other connections; (b) failures of any telephone, satellite, hardware, software or other equipment; (c) garbled, misdirected or jumbled transmissions; (d) other errors of any kind, whether human, technical, mechanical or electronic; or (f) the failure or incorrect or inaccurate capture of Points, prizes or other information. AvidCircle reserves the right to disqualify any person tampering with the operation of AvidCircle Ambassadors, operation of the rewards site, or for violation of these Terms of Use.
  • AvidCircle will have no liability for any printing, production, typographical, mechanical, or other errors in the Service, or Point balance errors, in a member's account. AvidCircle reserves the right to delay the processing of Points, restrict access to an account or remove Points if it determines that such Points were obtained through fraudulence or Points were improperly credited to such account.
  • If the reward is returned to AvidCircle as undeliverable or if a member is found to be ineligible or declines acceptance of the reward for any reason, such reward will be forfeited. Upon reward forfeiture, Points will be credited back to the member's account at AvidCircle sole discretion. All redemption offers on the website are subject to change without notice.
  • The decisions of AvidCircle with respect to the Points and Rewards Program are final and binding in all respects. 

Fees

Access to and use of the Service are currently available without charge. We reserve the right to charge a fee for access to or use of the Service in the future. You will be given prior notice in the event we find it necessary to charge a fee for the use of the Service.

Disclaimer of Warranties

The information and opinions expressed in postings on the Service are not necessarily those of AvidCircle or its content providers, advertisers, business partners, or related entities to which the Service is linked, and AvidCircle is not responsible for any incorrect or inaccurate Content posted on the Service, whether by AvidCircle, its business partners, members, or due to equipment or computer programming associated with the Service. Under no circumstances will AvidCircle be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Service, any Content posted on the Service or transmitted to Members, or any interactions between users of the Service, whether online or offline.

AvidCircle assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or member communications. AvidCircle is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of e-mail on account of technical problems or traffic congestion on the internet or at any website or combination thereof, including injury or damage to users and/or members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Service.

YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THE SERVICE IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS SERVICE, WHETHER PROVIDED BY AVIDCIRCLE, THIRD PARTIES, OR OTHER MEMBERS, ARE PROVIDED ON AN "AS IS" BASIS. AVIDCIRCLE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED IN THIS SERVICE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AVIDCIRCLE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. AVIDCIRCLE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS AVIDCIRCLE SERVICE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. AVIDCIRCLE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS AVIDCIRCLE WEBSITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.

Links

Our Service may contain links to websites or advertising content operated or provided by third parties. We provide these for your convenience. We do not monitor or control the linked sites and AvidCircle is not liable or responsible for any of the content or services available at these sites.

Member Disputes

You are solely responsible for your interactions with other AvidCircle members. Avidestal Technologies reserves the right but has no obligation, to monitor disputes between you and other members.

Limitations on Liability

In no event shall any organization for whom AvidCircle created a group within the Service, AvidCircle, its subsidiaries, affiliates, distributors, suppliers, licensors, agents or others involved in making available the Service and its contents be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, unauthorized use of, performance or non-performance of the Service; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any service; (v) errors or inaccuracies contained on the Service or any information, software, products, services, and related graphics obtained through the Service; (vi) any transactions entered into through the Service; (vii) any property damage including damage to your computer or computer system caused by viruses or other harmful components, during or on account of access to or use of the Service or any site to which it provides hyperlinks; or (viii) damages otherwise arising out of the use of the Service. The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if AvidCircle has been advised of the possibility of damages.

Indemnification

You agree to indemnify and hold harmless AvidCircle and its officers, directors, employees, subsidiaries, agents, affiliates, and other partners from and against any and all claims, actions, demands, liabilities, costs, and expenses, including, without limitation, reasonable attorneys' fees, resulting from your breach of any provision of this Agreement.

No Agency

There is no agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship between AvidCircle and any user of the Service.

General Information

This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of India, as it is applied to agreements entered into and to be performed entirely within such state, without regard to conflict of law principles.

Legal Dispute

Any dispute arising under this Agreement shall be decided as per the Indian laws & decisions made by the honorable High Court of Karnataka, India shall be final and binding.

Assignment

This Agreement may be assigned by AvidCircle in the event of a transfer of control of Avidestal, without the consent of the member.

Contact

If you have any questions concerning this Agreement, you may send them by e-mail to support@avidestal.com  or via postal mail to:
Bangalore (Headquarters)
Avidestal Technologies, No 1873/38, 5th Main Road,
R.P.C. Layout,
Bangalore – 560040

Modification of these Terms of Use

AvidCircle may change the terms and conditions governing the Service from time to time. It is important that you regularly review these terms and conditions to stay informed with regard to any changes in the terms and conditions governing your use of this premium service. Your continued use of the Service constitutes your agreement to all such terms and conditions.