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Web site terms of use agreement, and legal restrictions

This web site is owned by Cienvi Ltd ("Cienvi", "we"). Accessing, browsing and/or using this web site (the “Site”) is conditional upon the User ("you") agreeing to these terms. Please read these terms carefully. If you do not agree to be bound by these terms, do not use or access this web site.

Acceptance of this Agreement
This Site, including any ancillary sites served from this domain, and information contained herein is provided to you under these "Terms of Use" and any amendments to these Terms of Use that may be posted by Cienvi from time to time, (collectively, "Agreement"). This Agreement constitutes the entire agreement between you and Cienvi and supersedes any prior agreements between you and Cienvi regarding the use and contents of the Site unless expressly specified otherwise in writing.

Modifications to this Agreement
Cienvi may make changes to this Agreement from time to time in its sole discretion, and will post any such changes on the Site. Your continued use of the Site constitutes your acceptance of any such changes.

1. Use of the Site
Cienvi authorises you to view and download the materials at this Site only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not modify the materials at this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. Any use of these materials on any other website or networked computer environment for any purpose is prohibited without written permission. The materials at this Site are copyrighted and any unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. If you breach any of these Terms, your authorisation to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials.

2. User submission
Cienvi does not want to receive confidential or proprietary information from you through this Site. Any material, information or other communication ("Communications") you transmit or post to this Site will be considered non-confidential and non-proprietary. Cienvi will have no obligations with respect to the Communications. Cienvi and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. Personally identifiable information that you submit to Cienvi for the purpose of receiving products or services will be handled in accordance with the Cienvi online privacy statement.
You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libellous, defamatory, obscene, pornographic, or other material that would violate any law.
By submitting a question and its possible answers to the site, you relinquish the copyright and any other rights to the questions, answers and related votes.
Cienvi may, but is not obligated to, monitor or review any areas on the Site where users transmit or post material or communicate solely with each other and the content of any such Communications. Cienvi, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Cienvi retains the right to remove material that Cienvi deems abusive, defamatory, obscene or otherwise unacceptable.

3. Content
The Company reserves the right at any time without notice to change, revise or amend the content of this Site, and to withdraw the products and services promoted by this Site.

4. Modification or Suspension of the Site
You agree that Cienvi may, in its sole discretion, and at any time, discontinue, suspend or modify its operation of the Site, or any part thereof, temporarily or permanently, without notice to you, and you agree that Cienvi shall not be liable therefore.

5. Termination
You agree that Cienvi may, in its sole discretion, and at any time, terminate your use of the Site, and may remove or delete any content within the Site, for any reason, without prior notice to you. You further agree that Cienvi shall not be liable to you or to any third party for any termination of your use of, or access to, the Site. In the event of any termination of this Agreement or your use of or access to the site, you agree the provisions regarding Proprietary Rights, Indemnification, Disclaimer or Warranties, and Limitations of Liability shall survive any such termination.

6. Privacy
The information that we obtain through your use of the Site, or through any registration process or otherwise, is subject to our Privacy Policy. Please click here to see it.

7. Licensed Materials and Services
Any licensed material (e.g. software) which you download from the Site and/or mobile data services provided by Cienvi ("License Material") are governed exclusively by the end-user license and/or terms accompanying or provided during registration on the Site. By downloading license material, you agree to abide by the terms of the license. Any reproduction or redistribution of such software or License Materials, or use of the service not in accordance with the applicable license, is expressly prohibited by law.

8. Proprietary Rights
Nothing in these terms shall operate to grant to you any intellectual property rights or goodwill in any of the content of this Site, including without limitation any trade and service marks, trade or business names, domain names, design rights, copyright, moral rights, database rights (whether or not any of these is registered), know-how, confidential information and trade secrets used and employed.
Except as expressly authorized by Cienvi or the applicable supplier, sponsor or advertiser, you agree not to resell, duplicate in whole or in part, publish, modify, rent, lease, loan, sell, assign, distribute, license, reverse engineer or create derivative works based on the Site or any content (including without limitation any license material) available through the Site. Except as expressly provided herein, Cienvi and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks or trade secret information.

9. Disclaimer of Warranties
You expressly understand and agree that your use of the Site is at your own risk. You acknowledge that the services and the site are continuously under development and that the services, content, site and any software are provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement.
Some countries do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you or may apply for certain periods of time only. To the maximum extent permitted by applicable law, Cienvi disclaims warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement.
Cienvi does not make any warranty that the Site will meet your requirements uninterrupted, timely, secure, or error free, or that defects, if any, will be corrected; nor does Cienvi make any warranty as to the results that may be obtained from the use of the Site and products offered herein, as to the accuracy or the reliability of any information obtained through the Site, or as to any transactions entered into by use of or as a result of the Site.
You understand and agree that any license material, software and/or data downloaded or otherwise obtained through the use of the Site is at your own discretion and risk and that you will be solely responsible for any damage to your computer system or the loss or disclosure of data that results from the download of such material, software and/or data.
No advice or information, whether oral or written, obtained by you from Cienvi or through the Site shall create any warranty not expressly made herein.

10. Limitation of liability
In no event will Cienvi, or its subsidiaries, affiliates, officers, directors, employees, agents or suppliers, or other third parties mentioned at this Site be liable or responsible for any damages whatsoever (including, without limitation, those resulting from loss of profits, goodwill or other intangibles, lost data or business interruption) arising out of the use, inability to use, or the results of use of this site, any web sites linked to this site, or the materials or information or services contained at any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not Cienvi has been advised of the possibility of such damages, resulting from unauthorised access to or alteration of your transmissions or data using the license material or the Site or from the statements or conduct of any third party on the Site. If your use of the materials, information or services from this site results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some or all of the above may not apply to you.

11. Your Contact with Third Parties
Your dealings with third parties found on or through the Site, including your participation in promotions, the payment for and delivery of goods, services, software, and any terms, conditions, warranties or representations associated with such dealings are solely between you and the third party. Cienvi does not make any representations or warranties with respect to any goods or services which may be obtained from such third parties involving those goods that may incorporate any Cienvi software. You further agree that Cienvi will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third parties on the Site.

12. Links to Third-party Websites
Links on this Site to third-party websites over which Cienvi has no control are provided solely as a convenience to you. If you use these links, you will leave this Site. Cienvi has not reviewed all of these third-party sites and does not control and is not responsible for any of these sites or their content. Even though such third party sites may refer to Cienvi and its products and services, Cienvi does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party web sites linked to this Site, you do this entirely at your own and sole risk. Cienvi does not necessarily agree with the sentiment of, endorse, or warrant the suitability of material returned from any hypertext links given on this Site.

13. Linking to This Site
You may create links to this Site from other sites, but only in compliance with all applicable laws and in accordance with the following terms:
A site that links to this Site:

14. Indemnification
You agree to indemnify and hold harmless Cienvi, its parents, subsidiaries, affiliates, officers, directors, agents, employees, co-branders or other partners, and suppliers, from any claim, demand, action, or damage, including reasonable attorneys' or solicitors’ fees, made by any third party due to, arising out of, or related to your use of the Site, your violation of the Agreement or any rights of another in connection with the Site.

15. Trademark Notices
All trade marks are acknowledged as the property of their individual owner.

16. International Use
You agree to comply with all applicable local laws regarding online conduct and acceptable content.

17. Registered User ID, Password, and Security
You will have chosen an account User ID and password during the user registration process. You are responsible for maintaining the confidentiality of the User ID and password, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Cienvi of any unauthorised use of your password or account and any other breach of security, and (b) ensure that you exit (Logout) from your account at the end of each session. Cienvi cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 17.

18. Unavailability of Service
We will endeavour to provide a continuous high quality service. We may suspend some or all of our services without warning. You agree that Cienvi will have no liability with respect to any loss or damage of any kind incurred as a result of the unavailability of our service.

19. Enforcement
We may monitor the conduct of your account to determine whether these Terms of Use are being followed. In monitoring the conduct of your account we will safeguard your privacy unless: we are forced by law to disclose such information, or it would inhibit the enforcement of this policy.
We may terminate your account and/or notify the authorities should we believe that your use of our service may break the law or that you have not complied with this policy, we may: warn you by email; suspend your access to the service; terminate your account without notice; and/or notify and provide relevant information to the appropriate authorities, that appears appropriate in the circumstances. At this point, we reserve the right to delete any or all of your information, material, software or other content stored on our system at our sole discretion.
We will re-establish services if resolution is achieved and you do not repeatedly breach these terms and conditions, and we do not regard an instance of conduct causing our intervention as dangerous or serious and the cause of our intervention is addressed and resolved, we will re-establish your service.

20. Miscellaneous
If any provision of this Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in this Agreement shall continue in full force and effect.
You agree that any claim or cause of action arising out of your use of the Site or this Agreement must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Any failure by Cienvi to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.

21. Applicable Law
This Agreement shall be governed by and construed in accordance with the laws of Northern Ireland, without giving effect to conflict of laws provisions. You and Cienvi agree to submit to the personal and exclusive jurisdiction of the Courts located in Belfast, County Antrim, Northern Ireland.

PRIVACY POLICY

Cienvi Ltd. (“Cienvi”) does not tolerate spam and will never sell, rent, lease or give away your personal information to any third party. Nor will Cienvi send you unsolicited email. We take all reasonable precautions to ensure the security of personal data stored on our system.

PRIVACY STATEMENT

1. Information about our Organisation and Web site

Cienvi respects your privacy and is committed to protecting it. We provide this Privacy Statement to inform you of our Privacy Policy and practices and of the choices you can make about the way your information is collected online and how that information is used. This website is governed in accordance with the laws of Northern Ireland. The Northern Irish courts shall have exclusive jurisdiction over any dispute arising out of your use of this website.

The TelecomPolls.com website is owned by Cienvi Ltd., Belfast, UK, Telephone +44 7884 187 727

2. Data automatically collected

We log visitor's domain and IP address automatically; this information does not identify you as an individual, but only the computer that is being used to view the site. This data is used to see where the site is being used in the world to ensure coverage, and for click stream analysis to help better understand site usage, so that we can improve our service to you. We do not link information automatically logged by such means with personal data about specific individuals.

 3. Data collection and use

When you request information through this site, we may need to know some personal information about you. When emailing us, or subscribing for free news or information we need your e-mail address, name and other limited personal identifiers, typically name and contact number. If you chose to purchase information, goods, products or services, we will usually require some additional limited financial details. Where you request employment related services or products we will usually need limited data about personal identifiers, education, employment, family and financial details. Your personal data will be processed to provide information, goods, products and services you request in the form that you require.
If we require sensitive personal data then we will ensure that the collection and use is in strict accordance with the UK Data Protection Act 1998 and EC Directive on Data Protection 95/46/EC principles of data protection and data privacy.
We may appoint third party organisations to assist us in providing you with the information, goods, products and services you request. In these circumstances, we will take steps to ensure that your personal information is held in strict accordance with our privacy policy and is only used for the purpose of fulfilling your request.
Except as set out above, we will not pass your details to anyone else without your permission. Since Cienvi operates globally, the information you submit may be transferred outside of the European Union. This and all other transmissions will remain secure and under our control.
If we look to use your personal data for a new purpose, beyond what it was originally provided for, we will ask for your consent. You can choose to provide this consent in advance by indicating in the 'opt-in' box at the point that personal data is collected.

 4. Access to your personal data

To enquire about accessing your personal data, or if you have any questions relating to Cienvi's data privacy policy, please click here.
We will provide you with a readable copy of the personal data that we keep about you, within 40 days; we will require proof of your identity to submit it. We allow you to challenge the data that we hold and, where appropriate, you may have the data erased, rectified, amended or completed. We reserve the right to refuse to provide our visitors with a copy of their personal data, but will give reasons for our refusal. You will be able to challenge our decision to refuse to provide you with a copy of your personal data.

 5. Security

We have implemented security policies, rules and technical measures to protect the personal data that we have under our control that complies fully with data privacy & protection legislation appropriate to the jurisdiction applicable to the site. The security measures are designed to prevent unauthorised access, improper use or disclosure, unauthorised modification & unlawful destruction or accidental loss.
At present we do not give visitors to our Site the option of using a secure transmission method to send us their personal data.

6. Hyperlinks

The Site may provide links to third-party websites for your convenience and information. If you access those links, you will leave the Site. Cienvi does not control those sites or their privacy practices, which may differ from Cienvi’s. We do not endorse or make any representations about third-party websites. The Cienvi Privacy Statement does not cover the personal data you choose to give to unrelated third parties. We encourage you to review the privacy policy of any company before submitting your personal information. Some third-party companies may choose to share their personal data with Cienvi; that sharing is governed by that third-party company’s privacy policy.

5 June 2006