These Terms and Conditions (referred to as the “Research Terms”) set forth the terms ofan Agreement by which you, ( “You”, “Your” or “Participant”) and Avast Software s.r.o.,with offices at Pikrtova 1737/1a, 140 00 Prague 4, Czech Republic (“Avast”) and its Affiliates, may participate from time to time in any Avast online product research, as further defined in section 4 below (“Research”). If You are not at least 18 years of age You may not participate in a Research. Avast reserves the right to change these Research Terms, modify or end the Research program, at any time without notice.
These Research Terms govern Your inclusion to the Avast’s email database and participation in a Research.
For the purpose of the Research, Avast will gather feedback from the Participant relating to Avast and its competitors’ products and services. The Research results may be usedby Avast to generate ideas concerning the enhancement of the end user experience which may ultimately benefit Avast’s wider-customer base. Such Research shall beconducted either by telephone or through an online interface.
Available Research shall be communicated via email to the Participant, together with specific information about the Research in question. It is the Participant’s decision whether or not to participate in any such Research.
The Participant is not entitled to any reward, remuneration or reimbursement, including for possible expenses, or otherwise in relation to the Research.
In consideration of your participation in the Research and acceptance of these Research Terms, you hereby assign to Avast all right, title and interest you have in and to all results of your Research.
The Participant’s provision of his/her personal data is necessary to enter into the Research Terms and participate in the Research. If the Participant agrees to participate in the Research, its responses, comments and timestamp will be collected and stored by Avast according to specific information related to available Research, which shall be communicated via email to the Participant.
The Participant may also consent to the use of certain of its personal data from particularResearch by Avast for marketing activities related to product promotion.
The Participant’s personal data may be shared with members of the Avast Group for the purpose of developing existing and future products. For the purpose of conducting the Research, it's assessment and providing communication related to the Research we areusing some of the following 3rd parties: UserInterviews.com (EU), Ehn.io (USA), Qualtrics.com (USA), Calendar.google.com (USA/EU) or UserTesting.com (USA). When we transfer personal data outside of the EEA, we always put in place appropriate and suitable safeguards to ensure that your data remains safe and secure at all times and that your rights are protected.
By accepting the Research Terms, the Participant agrees that upon notification Avast may create an image of its likeness, video and/or audio recording concerning the Participant, or its expressions of personal nature (all the "Recordings"). Such Recordings will be used only for Avast’s internal purposes only. The Participant acknowledges and agrees that no fees, remuneration, or reward for such Recordings shall be made by Avast.
The Participant may terminate the Research Terms at any time by providing notice byemail to: firstname.lastname@example.org requesting termination of the. Upon termination of the Research Terms, Participant’s personal data shall be deleted.
Any information provided to the Participantfor the purpose of the Research shall be keptconfidential by the Participant (“Confidential Information”). You agree not to use, discloseor publish any Confidential Information for any other purpose other than completing theResearch you have accepted and submitting such Research to Avast. Notwithstanding the foregoing, you may disclose Confidential Information to the extent required by a courtof competent jurisdiction or other applicable governmental authority or as required by applicable law. This duty of confidentiality is perpetually binding upon the Participant.The Participant shall not use the Confidential Information to their advantage or to theadvantage of third parties. You agree and acknowledge that your breach or threatenedbreach of this Section may result in irreparable harm to Avast, for which money damageswould be an insufficient remedy, and therefore Avast will be entitled to seek injunctiverelief to enforce the provisions of this Section. TO THE FULLEST EXTENT PERMITTEDBY LAW, IN NO EVENT WILL AVAST AND ITS AFFILIATES BE LIABLE TO YOU ORANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL,PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES OR LOSSES WHATSOEVER,WITHOUT REGARD TO CAUSE OR THEORY OF LIABILITY; ANY DAMAGES FORANY LOSS OF BUSINESS, PROFITS OR REVENUE, LOSS OF PRIVACY, ANYUNAUTHORIZED DISCLOSURE OR LOSS (INCLUDING ANY CORRUPTION, DEGRADATION OR UNAVAILABILITY) OF ANY DATA OR INFORMATION OF ANY NATURE (WHETHER OR NOT ANY OF THE FOREGOING LOSSES, DAMAGES, COSTS OR EXPENDITURE ARE DIRECTOR INDIRECT LOSSES OR DAMAGES). IN NO CIRCUMSTANCES WILL AVAST AND ITS AFFILIATES TOTAL AGGREGATE LIABILITY FOR ALL LOSSES OR DAMAGE TO YOU OR ANY THIRD PARTY ARISING FROM OR RELATING TO YOUR PARTICIPATION IN ANY RESEARCH EXCEED THE GREATER OF: (I) FIVE U.S. DOLLARS (US$5.00). NOTHING IN THESE RESEARCH TERMS WILL LIMIT OR EXCLUDE ANY AVAST OR PARTICIPANTS LIABILITY FOR ANY MATTER THAT MAY NOT OTHERWISE BE EXCLUDED BY LAW.
In the event any documents, instructions, discs or other media, lists, guides, aids, plans, software and other materials, items and recorded information are provided to the Participant in relation to the Research (“Materials”), the Participant shall return to Avast all such Materials upon Research completion.
This Agreement is governed by the laws of England and Wales. All disputes arising from this Agreement will be resolved by the English courts having local jurisdiction and jurisdiction in rem.
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