Market Surveys/Survey Mojo Terms and Conditions
1. Your Acceptance
By using and/or visiting any of our websites (including MarketSurveys.com, SurveyMojo.com, YourInterestsOnly.com, ExpressMyOpinions.com, MusicSurveys.com, MovieSurveys.com, EmployeeSatisfaction.com, SatisfactionSurveys.com, RestaurantSurveys.com, QueEncuestas.com, and EncuestasdeOpiniones.com (collectively, the "MS Sites " or "Websites")), you agree to be legally bound by both these TERMS AND CONDITIONS and our Privacy Policy, which is published on each of the MS Sites, including at http://www.marketsurveys.com/privacy.phtml (collectively, the "Terms of Service"), and which is incorporated herein by this reference. If you do not agree to these Terms of Service, then please do not use the MS Sites. We reserve the right, at our sole discretion, to change, modify, add to, or otherwise alter these Terms of Service at any time. Such changes and/or modifications shall become effective immediately upon their posting, so please review them periodically. Your continued use of the MS Sites following the posting of changes and/or modifications to the Terms of Service will constitute your acceptance thereof.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are at least 13 years old, as the MS Sites are not intended for children under 13. If you are under 13 years of age, then please do not use the MS Sites. Please talk to your parents about which other websites are appropriate for you.
2. Third Party Links to/from MS Sites
These Terms of Service apply to users of all MS Sites, including those who contribute survey content, suggestions, ideas, information, and other materials or services on or through the MS Sites. The MS Sites frequently contain links to third party websites that we do not own or control. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, we will not and cannot censor or edit the content of any third-party site. By your use of the MS Sites, you expressly relieve MS from any and all liability arising from your use of any third-party website. We encourage you to read the terms and conditions and privacy policy of all third party websites that you visit.
3. Usage of MS Sites
You must create an account to access certain features of the MS Sites. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. Please notify us immediately of any breach of security or unauthorized use of your account. Although we are not liable for your losses caused by any unauthorized use of your account, you may be liable to MS for its losses or those of others due to such unauthorized use.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., to access the MS Sites. Notwithstanding the foregoing, MS grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. MS reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the MS Sites, nor to use anything on the MS Sites for any commercial solicitation purposes.
4. User Content
A. The MS Sites may now or in the future permit the submission of visual or audio content or other communications by you and other users ("User Content") and the hosting, sharing, and/or publishing of such User Content. You understand that whether or not such User Content is published on the MS Sites, MS does not guarantee any confidentiality with respect to any User Content.
B. You shall be solely responsible for your own User Content and the consequences of posting or publishing them. In connection with User Content, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize MS to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the MS Sites and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person or entity in the User Content to use the name or likeness of each to enable inclusion and use of the User Content in the manner contemplated by the MS Sites and these Terms of Service. For clarity, you retain all of your ownership rights in your User Content. However, by submitting your User Content to MS, you hereby grant MS a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the MS Sites and MS' (and its successor's) business, including without limitation for promoting and redistributing part or all of the MS Sites (and derivative works thereof) in any media formats and through any media channels. Furthermore, you hereby authorize MS to use, and to authorize others to use, your User Content, communications, and opinions in whole or in part, throughout the universe in perpetuity in any form, medium, or technology (now known or hereafter developed or devised through the universe) alone or together or as part of MS Sites' Content or in any other manner that MS may determine. You also hereby grant each user of the MS Sites a non-exclusive license to access your User Content through the MS Sites, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of the MS Sites and under these Terms of Service.
C. In connection with User Content, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant MS all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage MS or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. MS does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and MS expressly disclaims any and all liability in connection with User Content. MS does not permit copyright infringing activities and infringement of intellectual property rights on the MS Sites, and MS will remove all Content and User Content if properly notified that such Content or User Content infringes on another's intellectual property rights. MS reserves the right to remove Content and User Content without prior notice. MS will also terminate a User's access to the MS Sites if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had User Content removed from the MS Sites more than twice. MS also reserves the right to decide whether Content or User Content is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material or excessive length. MS may remove such User Content and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and in its sole discretion.
D. If you are a copyright owner or an agent thereof and believe that any User Content or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
MS' designated Copyright Agent to receive notifications of claimed infringement is: Stephanie Yost, Esq., Market Surveys, P.O. Box 1527, Glendale, CA 91209, email: copyright@marketsurveys.com, telephone: 818-649-7668, fax: 818-649-8291. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to MS' customer service through http://www.marketsurveys.com/contact.phtml. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
E. You understand that when using the MS Sites, you may be exposed to User Content from a variety of sources, and that MS is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against MS with respect thereto, and agree to indemnify and hold MS, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
5. Intellectual Property Rights
All MS Sites' software, designs, text, scripts, images, music, photographs, illustrations, sounds, videos, artwork, graphic material, interactive features, or other copyrightable elements, and the selection and arrangements thereof ("Content"), and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to MS (including its subsidiaries, affiliates, assigns, licensors, or other respective owners), and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the MS Sites is provided to you AS IS for your information and personal use only in accordance with these Terms of Service and as delineated by us elsewhere on the MS Sites, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes except as expressly provided therein without the prior written consent of the respective owners and MS. MS reserves all rights not expressly granted in and to the MS Sites and the Content. You agree not to engage in the use, copying, or distribution of any of the Content other than as expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security-related features or features that prevent or restrict use or copying of any Content of the MS Sites.
6. Denial of Access
Notwithstanding anything else in these Terms of Service, MS, for any reason and in its sole discretion, may decide that any person shall be denied access to any part of the MS Sites. The sending of an email notice by MS to any email address used by a person who is subject to this denial will constitute sufficient and complete notice thereof. Your agreement to these Terms of Service signifies your agreement to cease and desist immediately any attempt to access the MS Sites upon MS' issuance of a denial of access. If you do not cease and desist as directed, you hereby consent to an injunction to be entered against you by a court of competent jurisdiction, as provided herein, permanently enjoining you from attempting to access the MS Sites.
7. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE MS SITES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE MS SITES, AND YOUR USE THEREOF. MS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE MS SITES' CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE MS STES Y ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN 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 MS SITES. MS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MS SITES OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
8. Limitation of Liability
IN NO EVENT SHALL MS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE MS SITES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE MS SITES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MS SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT MS SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The MS Sites are controlled and offered by MS from its facilities in the United States of America. MS makes no representations that the MS Sites are appropriate or available for use in other locations. Those who access or use the MS Sites from other jurisdictions do so at their own volition and are responsible for compliance with local law.
9. Indemnity
You agree to defend, indemnify and hold harmless MS, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the MS Sites; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any of your User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the MS Sites.
10. General; Right to Assign this Agreement
You agree that: (i) the MS Sites shall be deemed solely based in California; and (ii) the MS Sites shall be deemed passive websites that do not give rise to personal jurisdiction over MS, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and MS that arises in whole or in part from the MS Sites shall be decided exclusively by a court of competent jurisdiction located in Los Angeles County, California. These Terms of Service (including, without limitation, MS' Privacy Notice) and any other legal notices published by MS on the MS Sites shall constitute the entire agreement between you and MS concerning the MS Sites. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and MS' failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. MS reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the MS Sites following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND MS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE MS SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MS without restriction.