Terms and Conditions

General

Who we are, what we mean and what these terms apply to.

In these terms and conditions, “we", “us" and “our" refers to Lightenna Ltd., which owns and operates ‘FreeRangeFeedback’, 'Surfy Surveys', ‘What I think of’, ‘Thinkope’, 'Mimemag', 'Provably' and ‘Feedback Farm’. To copy, reproduce, republish, distribute or display is referred to here as ‘to do stuff’. Your access to and use of all information on this website including purchase of our product/s or service/s is provided subject to the following terms and conditions.

What are digital downloads?

The few lines of javascript made available to operators in their ‘My Account’ section that allows them to deploy operator services on their website is referred to as a ‘javascript site identifier’. A javascript site identifier looks like this:
<script>
// embed code featuring 'domain id'
<script>

Other digital downloads include aggregated feedback such as survey results, which may be made available in document-based formats (e.g. XML or CSV/Excel spreadsheets) or streams (e.g. RSS).

We may amend these terms, but registered users will be notified.

We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website as an unregistered user you read these terms and conditions. Registered users will be notified of amendments in their ‘My Account’ section.

Website Services

Operators run websites or surveys, thinkers leave feedback or respond to them.

Two types of service are delivered through this site. Operator services are available to those who run, own, operate or design websites or surveys, referred to as ‘operators’. Thinker services are available to users who choose to leave feedback on this or another site, using the tools made available here, referred to as ‘thinkers’.

Operators must be 18.

Our services are provided to operators over the age of eighteen (18) years. By proceeding to purchase or adopt operator services through our website, you acknowledge that you are over 18 years of age.

Prices are in pounds, dollars or euros.

All prices are in Great British Pounds (GBP), United States Dollars (USD) or Euros (E) and are inclusive of VAT. We endeavour to ensure that our price list is current. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time. If you have placed an order, we reserve the right to cancel your order should our prices change.

These services are delivered with our best effort. There might be issues, but we’ll work hard to fix them promptly.

The delivery of this website, its operator and thinker services is made with our best effort, but circumstances may conspire to reduce the level of service over a period of time, such as but not limited to server downtime, network outages, routine maintenance and hardware or software failure. Additional service level agreements (SLA) may be available, but explicit standards of service and reliability are not mandated as part of this agreement.

Registered Users

Registration is required for operators, but optional for thinkers.

In order to access the operator services provided on this website, you must become a registered user. In order to access the thinker services provided on this website, you may become a registered user. Certain thinker services may be made available only to registered users.

Registered Users must register.

Registered Users must complete registration by providing certain information as set out on our membership/registration page.

Keep your registered details up to date.

You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.

Registered Users - Operators

You agree to pay for paid services.

On registration, we provide you with a password and one or more digital downloads. On registration and above the minimum usage criteria, you agree to pay for our operator services as laid out in our pricing information on our website.

You are free to terminate, we are free to terminate.

You may terminate your account at any point. Operators choosing to terminate their account must remove or delete all digital downloads from their website or file store prior to termination. We reserve the right to terminate your account at any time if you breach these terms and conditions.

You only pay up to the end of the current billing period.

In the event of termination, Operators are liable for the cost of the service only until the end of their current billing period. Billing periods are typically 1 month in length, although these may be extended for discounted services.

When discounts expire, you go on to the normal rate.

A service may offered at a discounted rate for a limited period of time. At the end of that period, operators will default to the normal rate as detailed in the pricing information.

Site Access

Your browser may cache this site, but the dynamic services won’t work.

When you visit our website, we give you a limited licence to access and use our information for personal use, unless otherwise stated. You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.

If you want to do stuff with our stuff, please ask.

Except as permitted under the Copyright, Designs and Patents Act 1988, you are not permitted to do stuff with any of the information on this website without our prior written permission. Explicit written permission is given here to do stuff with the digital downloads made available to operators within the scope of the domain in which the content was gathered.

Even if you’re a robot, please ask.

The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatagging or mirroring of our website.

Be nice.

Access may be removed from and charges pressed upon any user, registered or unregistered, thinker or operator, if their behaviour seeks to undermine the integrity of our or the operators’ website infrastructure, including another users’ browser. Users of this service are bound by the laws of the United Kingdom, such as but not limited to the Computer Misuse Act 1990.

Site Access - Operators

You can download and use our digital downloads.

In addition, as an operator you may do stuff with the digital downloads that are made available in your ‘My Account’ section.

Hyperlinks

Kind of obvious, but we can’t accept responsibility for other people’s sites.

This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.

Feel free to link to us, but give us the page load.

You may link our website without our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website's contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.

Intellectual Property Rights

We own our stuff.

The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials. All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.

You own your stuff, but we/operators can do stuff with it

Any comment, feedback, idea, thought or suggestion (collectively referred to here as “Feedback") which you provide to us, or to one of the operators through this website, remains the intellectual property of the thinker. The thinker grants the operator and us indefinite licence to do stuff with the Feedback, such as but not limited to replying, relaying, sharing, quoting or deleting it. If we, or the collecting operator, use the thinker’s Feedback in improving or promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, the thinker agrees that we are entitled to use their Feedback for any commercial or non-commercial purpose without compensation to the thinker or to any other person who has transmitted their Feedback. If you provide us with Feedback, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.

Disclaimers

We’ll do our best but our services are sold as seen.

Whilst we take all due care in providing our services, we do not provide any warranty either express or implied including without limitation warranties of merchantability or fitness for a particular purpose. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website, service or any linked website. From time to time we may host third party content on our website such as advertisements, endorsements belonging to other traders and user-generated content such as Feedback. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.

The extent of our liability is limited.

To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again. We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied. By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.

These terms are governed by UK law.

These terms and conditions are to be governed by and construed in accordance with the laws of England and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in England and you agree to submit to the jurisdiction of those Courts. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

We will take care of registered users’ private data.

We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.

Privacy policy.

Please refer to our Privacy Policy issued as an XML P3P policy on our HTTP service request replies for information relating to our collection, storage and use of your private data.

Terms and conditions, v2 28th September 2011