TERMS AND CONDITIONS
1. DESCRIPTION OF SERVICE
SurveyClub currently provides users with access to a rich collection of resources,
including, various communications tools, forums, shopping services, personalized
content and branded programming through its network of properties (the "Service").
You also understand and agree that the Service may include advertisements and that
these advertisements are necessary for SurveyClub to provide the Service. You also
understand and agree that the service may include certain communications from SurveyClub
and SurveyClubResearch, such as service announcements, administrative messages and
the SurveyClub Newsletter, and that these communications are considered part of
SurveyClub membership and you will not be able to opt out of receiving them. Unless
explicitly stated otherwise, any new features that augment or enhance the current
Service, including the release of new SurveyClub properties, shall be subject to
and that SurveyClub assumes no responsibility for the timeliness, deletion, mis-delivery
or failure to store any user communications or personalization settings. You are
responsible for obtaining access to the Service and that access may involve third
party fees (such as Internet service provider or airtime charges). You are responsible
for those fees, including those fees associated with the display or delivery of
advertisements. In addition, you must provide and are responsible for all equipment
necessary to access the Service.
2. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal
age to form a binding contract and are not a person barred from receiving services
under the laws of the United States or other applicable jurisdiction. You also agree
to: (a) provide true, accurate, current and complete information about yourself
as prompted by the Service's registration form (such information being the "Registration
Data") and (b) maintain and promptly update the Registration Data to keep it true,
accurate, current and complete. If you provide any information that is untrue, inaccurate,
not current or incomplete, or SurveyClub has reasonable grounds to suspect that
such information is untrue, inaccurate, not current or incomplete, SurveyClub has
the right to suspend or terminate your account and refuse any and all current or
future use of the Service (or any portion thereof). SurveyClub is concerned about
the safety and privacy of all its users, particularly children. For this reason,
you must be at least 18 years old to create a SurveyClub account.
Registration Data and certain other information about you is subject to our Privacy
4. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's
registration process. You are responsible for maintaining the confidentiality of
the password and account, and are fully responsible for all activities that occur
under your password or account. You agree to (a) immediately notify SurveyClub of
any unauthorized use of your password or account or any other breach of security,
and (b) ensure that you exit from your account at the end of each session. SurveyClub
cannot and will not be liable for any loss or damage arising from your failure to
comply with this Section 5.
5. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs,
graphics, video, messages or other materials ("Content"), whether publicly posted
or privately transmitted, are the sole responsibility of the person from which such
Content originated. This means that you, and not SurveyClub, are entirely responsible
for all Content that you upload, post, email, transmit or otherwise make available
via the Service. SurveyClub does not control the Content posted via the Service
and, as such, does not guarantee the accuracy, integrity or quality of such Content.
You understand that by using the Service, you may be exposed to Content that is
offensive, indecent or objectionable. Under no circumstances will SurveyClub be
liable in any way for any Content, including, but not limited to, for any errors
or omissions in any Content, or for any loss or damage of any kind incurred as a
result of the use of any Content posted, emailed, transmitted or otherwise made
available via the Service. You agree to not use the Service to:
- upload, post, email, transmit or otherwise make available any Content that is
unlawful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene,
libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise
objectionable. When submitting a review of a service company you have hired you
must provide only factual information based on your personal experience;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a SurveyClub
official, forum leader, guide or host, or falsely state or otherwise misrepresent
your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin
of any Content transmitted through the Service;
- upload, post, email, transmit or otherwise make available any Content that you
do not have a right to make available under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and confidential information
learned or disclosed as part of employment relationships or under nondisclosure
- upload, post, email, transmit or otherwise make available any Content that infringes
any patent, trademark, trade secret, copyright or other proprietary rights ("Rights")
of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or
unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation;
- upload, post, email, transmit or otherwise make available any material that contains
software viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or hardware or telecommunications
- disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other
users of the Service are able to type, or otherwise act in a manner that negatively
affects other users' ability to engage in real time exchanges;
- interfere with or disrupt the Service or servers or networks connected to the
Service, or disobey any requirements, procedures, policies or regulations of networks
connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national
or international law;
- "stalk" or otherwise harass another; or
- collect or store personal data about other users.
You acknowledge that SurveyClub may not pre-screen Content, but that SurveyClub
and its designees shall have the right (but not the obligation) in their sole discretion
to refuse or move any Content that is available via the Service. Without limiting
the foregoing, SurveyClub and its designees shall have the right to remove any Content
must evaluate, and bear all risks associated with, the use of any Content, including
any reliance on the accuracy, completeness, or usefulness of such Content. In this
regard, you acknowledge that you may not rely on any Content created by SurveyClub
or submitted to SurveyClub, including without limitation information in SurveyClub
Message Boards, and in all other parts of the Service.
You acknowledge, consent and agree that SurveyClub may access, preserve, and disclose
your account information and Content if required to do so by law or in a good faith
belief that such access preservation or disclosure is reasonably necessary to: (a)
any Content violates the rights of third-parties; (d) respond to your requests for
customer service; or (e) protect the rights, property, or personal safety of SurveyClub,
its users and the public.
You understand that the technical processing and transmission of the Service, including
your Content, may involve (a) transmissions over various networks; and (b) changes
to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include
security components that permit digital materials to be protected, and use of these
materials is subject to usage rules set by SurveyClub and/or content providers who
provide content to the Service. You may not attempt to override or circumvent any
of the usage rules embedded into the Service. Any unauthorized reproduction, publication,
further distribution or public exhibition of the materials provided on the Service,
in whole or in part, is strictly prohibited.
6. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
SurveyClub does not claim ownership of Content you submit or make available for
inclusion on the Service. However, with respect to Content you submit or make available
for inclusion on publicly accessible areas of the Service, you grant SurveyClub
the following world-wide, royalty free and non-exclusive license(s), as applicable:
- With respect to Content you submit or make available for inclusion on publicly
accessible areas of SurveyClub, the license to use, distribute, reproduce, modify,
adapt, publicly perform and publicly display such Content on the Service solely
for the purposes of providing and promoting the specific SurveyClub Group to which
such Content was submitted or made available. This license exists only for as long
as you elect to continue to include such Content on the Service and will terminate
at the time you remove or SurveyClub removes such Content from the Service.
- With respect to photos, graphics, audio or video you submit or make available
for inclusion on publicly accessible area of the Service, the license to use, distribute,
reproduce, modify, adapt, publicly perform and publicly display such Content on
the Service solely for the purpose for which such Content was submitted or made
available. This license exists only for as long as you elect to continue to include
such Content on the Service and will terminate at the time you remove or SurveyClub
removes such Content from the Service.
- With respect to Content other than photos, graphics, audio or video you submit
or make available for inclusion on publicly accessible areas of the Service, the
perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce,
modify, adapt, publish, translate, publicly perform and publicly display such Content
(in whole or in part) and to incorporate such Content into other works in any format
or medium now known or later developed.
"Publicly accessible" areas of the Service are those areas of the SurveyClub network
of properties that are intended by SurveyClub to be available to the general public.
By way of example, publicly accessible areas of the Service would include SurveyClub
Message Boards that are open to both members and visitors.
You agree to indemnify and hold SurveyClub, and its subsidiaries, affiliates, officers,
agents, co-branders or other partners, and employees, harmless from any claim or
demand, including reasonable attorneys' fees, made by any third party due to or
arising out of Content you submit, post, transmit or make available through the
Service, your use of the Service, your connection to the Service, your violation
8. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for
any commercial purposes, any portion of the Service (including your SurveyClub I.D.),
use of the Service, or access to the Service.
9. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that SurveyClub may establish general practices and limits concerning
use of the Service, including without limitation the maximum number of days that
email messages, message board postings or other uploaded Content will be retained
by the Service, the maximum number of email messages that may be sent from or received
by an account on the Service, the maximum size of any email message that may be
sent from or received by an account on the Service, the maximum disk space that
will be allotted on SurveyClub's servers on your behalf, and the maximum number
of times (and the maximum duration for which) you may access the Service in a given
period of time. You agree that SurveyClub has no responsibility or liability for
the deletion or failure to store any messages and other communications or other
Content maintained or transmitted by the Service. You acknowledge that SurveyClub
reserves the right to log off accounts that are inactive for an extended period
of time. You further acknowledge that SurveyClub reserves the right to modify these
general practices and limits from time to time.
10. MODIFICATIONS TO SERVICE
SurveyClub reserves the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof) with or without notice.
You agree that SurveyClub shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Service.
You agree that SurveyClub may, under certain circumstances and without prior notice,
immediately terminate your SurveyClub account, any associated email address, and
access to the Service. Cause for such termination shall include, but not be limited
or guidelines, (b) requests by law enforcement or other government agencies, (c)
a request by you (self-initiated account deletions), (d) discontinuance or material
modification to the Service (or any part thereof), (e) unexpected technical or security
issues or problems, and (f) extended periods of inactivity. Termination of your
SurveyClub account includes (a) removal of access to all offerings within the Service,
(b) deletion of your password and all related information, files and content associated
with or inside your account (or any part thereof), and (c) barring further use of
the Service. Further, you agree that all terminations for cause shall be made in
SurveyClub's sole discretion and that SurveyClub shall not be liable to you or any
third-party for any termination of your account, any associated email address, or
access to the Service.
12. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of,
advertisers found on or through the Service, including payment and delivery of related
goods or services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such advertiser. You agree
that SurveyClub shall not be responsible or liable for any loss or damage of any
sort incurred as the result of any such dealings or as the result of the presence
of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide
Web sites or resources. Because SurveyClub has no control over such sites and resources,
you acknowledge and agree that SurveyClub is not responsible for the availability
of such external sites or resources, and does not endorse and is not responsible
or liable for any Content, advertising, products, or other materials on or available
from such sites or resources. You further acknowledge and agree that SurveyClub
shall not be responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with use of or reliance on any
such Content, goods or services available on or through any such site or resource.
14. SURVEYCLUB'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection
with the Service ("Software") contain proprietary and confidential information that
is protected by applicable intellectual property and other laws. You further acknowledge
and agree that Content contained in sponsor advertisements or information presented
to you through the Service or advertisers is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws. Except as expressly
authorized by SurveyClub or advertisers, you agree not to modify, rent, lease, loan,
sell, distribute or create derivative works based on the Service or the Software,
in whole or in part.
SurveyClub grants you a personal, non-transferable and non- exclusive right and
license to use the object code of its Software on a single computer; provided that
you do not (and do not allow any third party to) copy, modify, create a derivative
work of, reverse engineer, reverse assemble or otherwise attempt to discover any
source code, sell, assign, sublicense, grant a security interest in or otherwise
transfer any right in the Software. You agree not to modify the Software in any
manner or form, or to use modified versions of the Software, including (without
limitation) for the purpose of obtaining unauthorized access to the Service. You
agree not to access the Service by any means other than through the interface that
is provided by SurveyClub for use in accessing the Service.
15. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. SURVEYCLUB EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.
- SURVEYCLUB MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED
OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY
ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE
IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SURVEYCLUB
OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN
- A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO
CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE.
CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS
WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY,
HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE.
IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE
ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE -- DIZZINESS, ALTERED VISION,
EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT,
16. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SURVEYCLUB SHALL NOT BE LIABLE TO YOU FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF SURVEYCLUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION
OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO
THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;
OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
17. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY,
SOME OF THE ABOVE LIMITATIONS OF SECTIONS 15 AND 16 MAY NOT APPLY TO YOU.
18. NO THIRD PARTY BENEFICIARIES
shall be no third party beneficiaries to this Agreement.
SurveyClub may provide you with notices, including those regarding changes to the
20. TRADEMARK INFORMATION
SurveyClub, the SurveyClub logo and other SurveyClub logos and product and service
names are trademarks of SurveyClub (the "SurveyClub Marks"). Without SurveyClub's
prior permission, you agree not to display or use in any manner, the SurveyClub
21. GENERAL INFORMATION
SurveyClub and govern your use of the Service, superceding any prior agreements
between you and SurveyClub. You also may be subject to additional terms and conditions
that may apply when you use or purchase certain other SurveyClub services, affiliate
services, third-party content or third-party software.
shall be governed by the laws of the State of Texas without regard to its conflict
of law provisions. You and SurveyClub agree to submit to the personal and exclusive
jurisdiction of the courts located within the county of Denton, Texas.
Waiver and Severability of Terms. The failure of SurveyClub to exercise or enforce
competent jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties' intentions as reflected in the provision,
No Right of Survivorship and Non-Transferability. You agree that your SurveyClub
account is non-transferable and any rights to your SurveyClub I.D. or contents within
your account terminate upon your death. Upon receipt of a copy of a death certificate,
your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to use of the Service or
action arose or be forever barred.
or contractual effect.