Terms and Conditions

Introduction

Thanks for using the Go Listen website. These Terms of Use (“TOU”) contain the terms under which Go Listen provides its Services to you and describes how the Services may be accessed and used. You indicate your agreement to these Terms by clicking or tapping on a button indicating your acceptance of these Terms or by using the Services. If you will be using the Services on behalf of an organization, you agree to these Terms on behalf of that organization and you represent that you have the authority to do so. In such a case, “you” and “your” will refer to that organization. We may amend these TOU from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.

1 Privacy

In the course of using the Services, you may submit content to Go Listen (including your personal data and the personal data of others) or third parties may submit content to you through the Services (all of the above will be referred to as your “Content”). We know that by giving us your Content, you are trusting us to treat it appropriately. As a user of our Services the personal data you provide to us for administering your account will be treated in accordance with our Privacy Statement

1.1 GDPR Terms for Customers

If you are a customer who is operating as “data controller” as defined in the European General Data Protection Regulation 2016/679 (“GDPR”) you agree that you are responsible for notifying third parties who submit content to you through our Services about your specific privacy policies. As the “data controller” you or your organization may require to have a “Data Processing Agreement” in place to use the Go Listen Services. A template agreement may be found on the GDPR.EU website here.

2 Your Content

2.1. You Retain Ownership of Your Content.

You retain ownership of all of your intellectual property rights in your Content. Go Listen does not claim ownership over any of your Content. These Terms do not grant us any licenses or rights to your Content except for the limited rights needed for us to provide the Services, and as otherwise described in these Terms.

2.2. Limited License to Your Content.

You grant Go Listen a worldwide, royalty free license to use, reproduce, distribute, modify, adapt, create derivative works, make publicly available, and otherwise exploit your Content, but only for the limited purposes of providing the Services to you. This license for such limited purposes continues even after you stop using our Services, with respect to aggregate and de-identified data derived from your Content and any residual backup copies of your Content made in the ordinary course of Go Listen’s business. This license also extends to any trusted third parties we work with to the extent necessary to provide the Services to you. If you provide Go Listen with feedback about the Services, we may use your feedback without any obligation to you.

2.2. Representations and Warranties

You represent and warrant that: (a) you own or control the appropriate rights in and to your Content, including any intellectual property owned by third parties; and (b) you will not submit, upload, or otherwise make available via the Services, any Content or materials that (i) you do not have the rights necessary to use, transmit, publish, or to grant us the license as described herein; or (ii) infringe, misappropriate, or otherwise violate any intellectual property, publicity or other rights of any third party.

2.4 Customer Lists

Go Listen may identify you (by name and logo) as a Go Listen Services customer on the Go Listen website and on other promotional materials.

3. Go Listen IP

Neither these Terms nor your use of the Services grants you ownership in the Services or the content you access through the Services (other than your Content). If you submit any feedback or suggestions to us regarding our Services, we may use and share them for any purpose without any compensation or obligation to you.

4. User Content

4.1. User Content.

The Services display content provided by others that is not owned by Go Listen. Such content is the sole responsibility of the entity that makes it available. Correspondingly, you are responsible for your own Content and you must ensure that you have all the rights and permissions needed to use that Content in connection with the Services. Go Listen is not responsible for any actions you take with respect to your Content, including sharing it publicly. Under no circumstances will Go Listen be liable for any Content, any other third-party content or materials, or any loss or damage resulting from your use of, or reliance on, such Content or other third-party content or materials. Please do not use content from the Services unless you have first obtained the permission of its owner, or are otherwise authorized by law to do so.

4.2. Content Review.

You acknowledge that, in order to ensure compliance with legal obligations, Go Listen may be required to review certain content submitted to the Services to determine whether it is illegal or whether it violates these Terms (such as when unlawful content is reported to us). We may also modify, prevent access to, delete, or refuse to display content that we believe violates the law or these Terms. In the event your Content includes third-party brands, logos or other source identifiers, we may require you to submit a statement of non-affiliation before you may use such Content in connection with the Services. However, Go Listen otherwise has no obligation to monitor or review any content submitted to the Services.

4.3. Third Party Resources.

Go Listen may publish links in its Services to internet websites maintained by third parties. Go Listen does not represent that it has reviewed such third party websites and is not responsible for them or any content appearing on them. Trademarks displayed in conjunction with the Services are the property of their respective owners. This website may include information and materials uploaded by other users of the site. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

5. Account Management

5.1. Keep Your Password Secure.

If you have been issued an account by Go Listen in connection with your use of the Services, you are responsible for safeguarding your password and any other credentials used to access that account. You, and not Go Listen, are responsible for any activity occurring in your account whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify Go Listen immediately. Accounts may not be shared and may only be used by one individual per account.

5.2. Keep Your Details Accurate.

Go Listen may send notices to the email address registered with your account. You must keep your email address associated with your account current and accurate.

5.3. Remember to Backup.

You are responsible for maintaining, protecting, and making backups of your Content. To the extent permitted by applicable law, Go Listen will not be liable for any failure to store, or for loss or corruption of, your Content.

6. User Requirements

6.1. Legal Status.

If you are an individual, you may only use the Services if you have the power to form a contract with Go Listen. If you do not have the power to form a contract, you may not use the Services. If you are not an individual, you warrant that you are validly formed and existing under the laws of your jurisdiction of formation, that you have full power and authority to enter into these Terms, and that you have duly authorized your agent to bind you to these Terms.

6.2. Minors.

“Minors” are individuals under the age of 13 (or a higher age as provided in certain countries and territories). None of the Services are intended for use by Minors. If you are a Minor in your place of residence, you may not use the Services. By using the Services, you represent and warrant that you are not a Minor.

7. Acceptable Uses

7.1 Legal Compliance

You must use the Services in compliance with, and only as permitted by, applicable law. The use of our Services in conjunction with other tools or resources in furtherance of any of the unacceptable uses described herein is also prohibited.

7.2 Your Responsibilities

You are responsible for your conduct, User Data, and communications with others while using the Services. You must comply with the following requirements when using the Services.

(a) You may not use the Services to commit an unlawful activity; use the Services for activities where use or failure of the Services could lead to physical damage, death, mental harm, or personal injury.

(b) You may not provide any person under the age of 16 with access to the Services.

(c) You may not purchase, use, or access the Services for the purpose of building a competitive product or service or for any other competitive purposes.

(d) You may not misuse our Services by interfering with their normal operation, or attempting to access them using a method other than through the interfaces and instructions that we provide.

(e) Unless authorized by Go Listen in writing, you may not probe, scan, or test the vulnerability or security of the Services or any Go Listen system or network.

(f) Unless authorized by Go Listen in writing, you may not use any automated system or software to extract or scrape data from the websites or other interfaces through which we make our Services available.

(g) You may not deny others access to, or reverse engineer, the Services, or assist anyone else to do so, to the extent such restriction is permitted by law.

(h) You may not store or transmit any viruses, malware, or other types of malicious software, or links to such software, through the Services.

(i) You may not use the Services to infringe the intellectual property rights of others.

(j) Unless authorized by Go Listen in writing, you may not resell or lease the Services.

(k) If your use of the Services requires you to comply with industry-specific regulations applicable to such use, you will be solely responsible for such compliance, unless Go Listen has agreed with you in writing otherwise. You may not use the Services in a way that would subject Go Listen to those industry-specific regulations without obtaining Go Listen’s prior written agreement.

(l) We may offer content like audio, images or video that are provided by third parties. You may use that material solely in your survey/form/application/questionnaire content. Go Listen may modify or revoke that permission at any time in our sole discretion. In using such material, you may not imply that your surveys/forms/applications/questionnaires are affiliated with or run or endorsed by any company, product, brand or service depicted in that material unless you have obtained their permission.

(m) You may not engage in abusive or excessive usage of the Services, which is usage significantly in excess of average usage patterns of reasonable users similar to you that adversely affects the speed, responsiveness, stability, availability, or functionality of the Services for other users. Go Listen will endeavor to notify you of any abusive or excessive usage to provide you with an opportunity to reduce such usage to a level acceptable to Go Listen which no longer causes such adverse effects.

(n) You may not register accounts by “bots” or other automated methods.

7.3 Phishing and Security

We strive to protect the security of all our users. We take specific measures to ensure respondents are not misled by surveys/forms/applications/questionnaires used for fraudulent or malicious purposes. We will suspend any use of the Services or remove any survey/form/application/questionnaire content which comes to our attention that:

7.4 Privacy and Impersonation

Users provide responses and information with the expectation that their information will be handled respectfully and not abused. Accordingly, you are responsible for complying with all applicable data protection laws and regulations with respect to any data that you submit to or collect through our Services.

8. Disclaimers and Limitations of Liability

8.1. Disclaimers.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

8.2. Limitation of Liability.

If you are a business user:

If you are a consumer user:

8.3. Indemnification.

If you are a business, you will indemnify and hold harmless Go Listen and its affiliates, officers, agents, and employees from all liabilities, damages, and costs arising out of a third party claim regarding or in connection with your or your end users’ use of the Services or breach of these Terms, to the extent that such liabilities, damages and costs were caused by you or your end users.

9. Rules About Linking to Our Site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.

10. Disputes

T hese terms of use, their subject matter and their formation, are governed by Irish law. You agree that the courts of Ireland will have exclusive jurisdiction.