Terms and Conditions

SSI-visual

Terms & Conditions

Survey Sampling International, LLC

Content

1. Generally

These Terms and Conditions (these “Terms”) govern your: (i) registration and membership with SurveySpot Research Panel (“SurveySpot”), OpinionWorld Research Panel (“OpinionWorld”), Choozz Research Panel (“Choozz”), and YourVoice Research Panel (“YourVoice”); any sub-panel(s) of SurveySpot, OpinionWorld, Choozz, and/or YourVoice; and/or any other panel(s) (individually referred to as a “Panel” and collectively referred to as “Panels”) created, maintained, managed, and/or operated by Survey Sampling International, LLC and/or its parents, affiliates, and/or subsidiaries (collectively referred to herein as “SSI” and any reference herein to “us” or “we” refers to SSI); (ii) use of, and/or access to, any Panel website(s) (each a “Website” and collectively the “Websites”); and (iii) participation in any Surveys (as defined below).

All references to “you” or “your” refers to, as applicable, each Panel member; each individual using and/or accessing any Website(s); or each non-Panel member participating in any Survey(s).

By agreeing to become a Panel member; by using and/or accessing any Website(s); and/or by participating in any Survey(s), you hereby expressly agree to comply with, and be bound by, these Terms.

SSI reserves the right to: (i) refuse or reject an individual for Panel membership; (ii) terminate Panel membership with or without cause; (iii) limit, restrict, or prohibit an individual’s use of, and/or access to, any Website(s); and (iv) limit, restrict, or prohibit an individual’s participation in any Survey(s); at anytime, in its sole discretion.

2. Use of Websites; Surveys

Use of, and access to, Websites is strictly limited to personal, non-commercial use. SSI provides Panel members and non-Panel members with the opportunity to participate in surveys, polls, and sweepstakes offered, provided, hosted, or administered by SSI and/or its partners, agents, and/or representatives (individually a “Survey” and collectively “Surveys”). SSI provides Panel members with the opportunity to communicate with other Panel members and/or SSI. By agreeing to become a Panel member, you hereby agree to participate in Surveys. Participation in Surveys is always optional and voluntary. You may unsubscribe from Panel membership at any time, see Section 9 "Opt Out Policy" below. Each Panel may have additional membership requirements; please consult with the Panel specific requirements located on the applicable Website.

3. Registration; Passwords

You may access any Website as a visitor and you will not be required to provide any Personal Information. The term “Personal Information” includes, without limitation, first and last name or first initial and last name, residential and/or business address, email address, telephone number, age, gender, and date of birth.

In order to register as a Panel member, you must register with the applicable Websites and provide certain Personal Information. Panel members and non-panel members are required to truthfully provide all information. SSI reserves the right to terminate Panel membership, and/or restrict or prohibit participation in Surveys, if you provide information that is, or that is reasonably suspected to be, untrue, inaccurate, not current, or incomplete.

SSI will either: (i) issue a user name and password to a Panel member, or (ii) permit a Panel member to create his/her own user name and password. Panel members are solely responsible for the security of their user names and passwords and will be solely liable and responsible for any use, whether authorized or unauthorized, of their membership accounts. SSI strongly recommends against the use of a social security number, financial account number, or any other identification or account number, as a user name or password.

4. Unauthorized Uses

You agree not to:

(i) Use spiders, robots or other automated data mining techniques to catalog, download, store, or otherwise reproduce or distribute content available on any Website, or to manipulate the results of any Survey or any prize draw;
(ii) Take any action to interfere with any Website(s) or an individual’s use of any Website, including, without limitation, by overloading, “flooding”, “mail bombing” or “crashing” any Website;
(iii) Send, to SSI, and/or to or from any Website, any illegal, deceptive, or harmful code, including, without limitation, any virus, spyware, adware, or any other harmful code;
(iv) Send unsolicited emails, including, without limitation, promotions and/or advertising of products or services;
(v) Open, use, or maintain more than one (1) membership account within a Panel;
(vi) Forge or mask your true identity;
(vii) Frame a portion(s) of any Website within another website or alter the appearance of any Website;
(viii) Establish links from any other website to any page of, on, or located within any Website, without the prior express written permission of SSI, and in no event shall links to any page other than the Website home page be established;
(ix) Post or transmit any threatening, libelous, defamatory, obscene, scandalous, or inflammatory material or content or any material or content that could otherwise violate Applicable Laws (as defined herein);
(x) Intentionally or willfully submit falsified data or commit any other fraudulent act(s);
(xi) Reverse engineer any aspect of any Website or do or take any act that might reveal or disclose the source code, or bypass or circumvent measurers or controls utilized to prohibit, restrict or limit access to any webpage, content or code, except as expressly permitted by Applicable Laws; or
(xii) Encourage and/or advise any individual, including, without limitation, any SSI employee, to commit any act(s) prohibited hereunder.

You acknowledge and agree that SSI will fully cooperate with all legal disclosure request(s) (i.e. court order or subpoena).

5. Intellectual Property Rights of SSI, Clients, Partners and/or Affiliates

All pages and content within the Websites and Surveys, including, but not limited to, text, graphics, audio, video, photographs, logos or other materials are the intellectual property of SSI and/or its clients, licensors, partners, and/or representatives. You hereby agree you will not modify, copy, reproduce, create derivative works of, republish, display, upload, post, frame, transmit, or distribute, in any way, any content, materials, and/or information available on, or contained or located within, the Websites and Surveys, without the prior express written consent of SSI.

6. Your Content and Material

You are solely responsible for determining the need for, and for obtaining, all licenses, rights, and/or approvals required for content and/or material you submit or upload to, post on, send to or from, or make available in connection with, any Website; and you hereby grant SSI a perpetual, world-wide, unlimited, royalty-free, fully paid, irrevocable right and license to use any such content and/or material, including, without limitation, the right to modify, publish, disclosure, transfer, copy, reproduce, transmit, or disclose the same, in any form or format, and on or in any media.

7. Rewards Programs; Sweepstakes

SSI may offer or conduct rewards programs and/or sweepstakes in connection with Panels. The terms and conditions for the rewards programs and sweepstakes are located on each applicable Website, and specific rewards and sweepstakes terms may be included in survey invitations. SSI may engage a third party or third parties to administer rewards programs and sweepstakes.

8. Profile Updates

Panel members agree to promptly notify SSI of any changes in or to information contained in their member profile. Panel members agree to review and update, as necessary, membership profiles no less frequently than once every twelve (12) months. A Panel member may update, correct, and/or delete information contained in his or her membership profiles by: (i) accessing his or her membership account; or (ii) sending an email to the appropriate member services team for the appropriate Panel.

9. Opt-Out Policy

Panel members may opt-out from Panel membership, at any time, by: (i) following the unsubscribe procedures described on the applicable Website(s) or contained in any Survey email invitation; or (ii) by sending an email to the Panel member services team. SSI shall use reasonable efforts to read and respond to each email request within two (2) to three (3) business days. Upon termination, a Panel member’s contact information will be removed from any further communication or contact lists. Please allow a few days for the complete removal of contact information from SSI’s communication or contact lists for the applicable Panel; during which time period the Panel member may receive communications which were created or compiled prior to termination. SSI may retain profile information in SSI’s databases indefinitely, subject to SSI’s Member and Non-Panel Member Privacy Notice (“SSI’s Privacy Notice”).

10. Links

From time-to-time SSI may provide panelists and/or respondents with the ability to voluntarily link or connect to websites maintained and/or operated by third parties (“Third Party Websites”). SSI neither endorses the Third Party Websites nor the products, services, and/or opportunities advertised, offered and/or sold by, through or in connection with the Third Party Websites (“Third Party Information”). SSI is not responsible for the policies and/or practices of the Third Party Websites. SSI is not responsible for any Third Party Information. SSI does not make any representations or warranties about the Third Party Websites and/or the Third Party Information. Please review all policies and terms and conditions applicable to the Third Party Websites and the Third Party Information.

11. Communications with SSI

Any information, communication, and/or material you submit or transmit to SSI by electronic mail or otherwise, including, without limitation, any data, questions, comments, responses, suggestions or other similar information, communication, or material, is and will be treated as non-confidential and non-proprietary information, unless specifically indicated by you either immediately prior to, or contemporaneously with, the submission or transmission of such information, communication and/or material.

Except to the extent that information, communication, and/or material is covered by SSI’s Privacy Notice, you acknowledge and agree that any such information, communication, and/or material is submitted or transmitted to SSI on a non-confidential basis and SSI may use such information, communication and/or material for any legal purpose(s).

12. Privacy

SSI takes your privacy very seriously. For information about SSI’s privacy practices, please review SSI’s Privacy Notice.

13. Disclaimer

THE WEBSITES, INCLUDING ALL INFORMATION, CONTENT, MATERIAL, COMMENTARY AND SERVICES MADE AVAILABLE ON, OR THROUGH, THE WEBSITES, ARE PROVIDED “AS IS”. SSI DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER IN CONNECTION WITH ANY INFORMATION, CONTENT, MATERIAL, COMMENTARY, OR SERVICES MADE AVAILABLE ON, OR THROUGH, THE WEBSITES, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION, CONTENT, MATERIAL, OR COMMENTARY SUBMITTED, UPLOADED, OR POSTED BY ANY PANEL MEMBER. FURTHER, SSI HEREBY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATIONS, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. SSI DOES NOT WARRANT THAT THE TOOLS OR FUNCTIONS CONTAINED IN THE WEBSITES OR ANY CONTENT, MATERIAL, COMMENTARY, INFORMATION AND/OR SERVICES CONTAINED THEREIN, WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SYSTEMS OR THE SERVER(S) THAT SUPPORT THE WEBSITES AND MAKE THE WEBSITES AVAILABLE WILL BE CORRECTED, OR THAT THE SYSTEMS OR THE SERVER(S) THAT SUPPORT THE WEBSITES AND MAKE THE WEBSITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

14. Changes

All information posted on the Websites is subject to change, at any time, without prior notice. These Terms may be changed at any time without prior notice from SSI. Any changes to these Terms will be posted on the homepage of each affected Website(s) and in such other area or location as SSI deems appropriate. SSI strongly recommends that you check the Websites frequently for any changes. Your continued use of, and/or access to, any Website; continued membership to, in, or with any Panel; and/or participation in any Survey, after these Terms have been modified, constitutes your acceptance of these Terms, as modified.

15. Indemnification

You agree to indemnify, defend and hold harmless SSI, its parents, affiliates and subsidiaries and each of their respective divisions, members, managers, shareholders, directors, officers, employees and agents from and against any and all claims, liabilities, losses, judgments, awards, fines, penalties and costs and/or expenses of any kind, including, without limitation, reasonable attorneys’ fees and court costs, arising out of, resulting from, in connection with, or caused by, whether directly or indirectly, your breach or violation of these Terms.

16. Limitations of Liability

EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAWS, YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL SSI BE LIABLE, OR OTHERWISE RESPONSIBLE, TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES, FOR ANY REASON(S) OR FOR ANY CAUSE(S), REGARDLESS OF WHETHER SSI IS INFORMED OF THE POSSIBILITY THE SUCH DAMAGES MAY EXIST.

17. Compliance with Applicable Laws

You acknowledge and agree that you will comply with all applicable international, national, Federal, state, and/or local laws, codes, regulations, rules and/or requirements (“Applicable Laws”) regarding your: (i) use of, and/or access to, Websites; (ii) membership to, in, or with Panels; and/or (iii) participation in Surveys.

18. Suspension; Termination; De-Activation of Panel Membership Accounts.

Without limiting any other available remedies, SSI may, without notice, suspend or terminate a Panel member’s account(s) if such member breaches, violates, or otherwise fails to abide by, or comply with, these Terms, including, without limitation, Sections 3, 4, 5, 6, 17, and 19. Panel members hereby agree that the suspension of a membership account(s) shall not prohibit or restrict SSI from subsequently terminating such membership account(s). In the event that SSI terminates a Panel member’s account(s), SSI reserves the right to: (i) delete all rewards, points, and/or prizes; (ii) prohibit the Panel member from re-registering with any Panel(s); (iii) prohibit or restrict the Panel member’s ability to participate in any Survey(s); and (iv) pursue any and all other remedies available to SSI. In the event that a non-Panel member breaches or otherwise violates these Terms, such non-Panel member hereby agrees that SSI may: (a) delete all rewards, points, and/or prizes available to such non-Panel member; (b) prohibit and restrict such non-Panel member from participating in Surveys; and (c) prohibit and restrict such non-Panel member from registering in or with the Panels.

Either you or SSI may terminate your Panel membership account, with or without cause or notice at any time. In the event of such termination, your Panel membership account will immediately terminate; and all of your rewards, points, and/or prizes will immediately be deleted and forfeited.

SSI reserves the right to de-activate your Panel membership account, without notice,: (a) if your membership account does not remain Active (as defined herein); (b) if SSI receives a hard bounce or delivery failure notice in regards to email communications sent by SSI to your email account; or (c) if SSI receives a “mailbox full” reply notice three (3) times in regards to email communications sent by SSI to your email account. In the event that SSI de-activates your membership account for the foregoing reasons, SSI shall maintain unredeemed reward, points, and/or prizes accrued prior to de-activation, for a period of thirty (30) days following de-activation, after which time SSI will immediate terminate your access to, and ability to redeem, any such rewards, points, and/or prizes. For the purpose of these Terms, “Active” means that you: (i) participate in a Survey, at least, once every twelve (12) months; or (ii) update your profile or member information once every twelve (12) months.

19. SSI Employees

A.General. SSI’s business is built on the unsurpassed quality and integrity of the data collected and maintained within Panels and collected during Surveys. To maintain this level of quality and integrity, SSI requires all employees to abide by the policy and procedures set forth in this Section 19.
B.Restriction. SSI employees and their Immediate Family Member(s) (as defined herein), and members of the same residence, are not eligible to receive any payments, prizes, or incentives for taking Surveys. For the purpose of this Section 19, the term “Immediate Family Member(s)” includes parents, spouses, children or significant others (i.e. girlfriends/boyfriends, domestic partners, and spousal equivalents). A reference to “members of the same residence” includes anyone who resides in the same household as SSI employee or an Immediate Family Member(s) of the SSI employee, including, without limitation, any roommate(s).
C.Procedures. SSI’s employees may join a Panel, or take part in a Survey, only after receiving written permission from their respective manager, and only for the sole purpose of improving SSI’s products and/or services. SSI’s employees must always be honest and report accurate information in connection with joining a Panel or participating in a Survey. If altered demographic data must be used, for specific testing, or other legitimate purposes, SSI’s management will give specific written consent and instructions on how to report this activity and ensure that such data is not included in the final Survey results.
D.Improper Conduct. Except as authorized by SSI’s management in writing; SSI classifies the intentional or willful falsification of data as a fraudulent act. Any SSI employee found to have committed fraud or coached any respondent on how to manipulate the Panel or Survey system; will be in violation of SSI’s Standards of Conduct as set forth in SSI’s employee handbook. In the event that such fraudulent act(s) are committed or perpetrated by an employee of SSI, whether alone or in connection with another party, such employees’ employment with SSI will immediately be terminated. In the event that a member is found to have cooperated or participated in such fraudulent act(s), such member will be subject to appropriate disciplinary action(s) as permitted pursuant to these Terms.

20. Notices

A.Notice From You to SSI. Except as otherwise set forth herein, or as required by Applicable Laws, all notices to be sent or provided to SSI should: (i) be correctly addressed to the applicable business address, and shall be sufficiently delivered if delivered: (a) by Federal Express, Express Mail, or other nationally or internationally recognized overnight courier service (in which case notice shall be effective one (1) business day following dispatch); or (b) by certified mail, return receipt requested, postage prepaid (in which case notice shall be effective six (6) days following deposit in mail); or (ii) be sent via email to the appropriate member services team for the appropriate Panel.

B.Notice From SSI to You. Except as otherwise required by Applicable Laws, you agree that SSI may provide notices to you either: (i) via the e-mail address provided by you to SSI (in which case notice shall be effective one (1) day following the date the e-mail was sent, provided that SSI did not receive an error message stating that delivery of the e-mail was delayed, that the e-mail address was invalid, or that the e-mail otherwise could not be delivered); (ii) by certified mail, return receipt requested, postage prepaid addressed to the address provided by you to SSI (in which case notice shall be effective six (6) days following deposit in mail); or (iii) by posting notices on the applicable Website(s). You agree to check the applicable Website(s) frequently for notices and to keep your Personal Information up-to-date.

C.Legal Notice. All questions regarding these Terms and all legal notices should be sent in to:

Survey Sampling International, LLC
6 Research Drive
Shelton, Connecticut 06484.
Attn: Legal Department

D.Notice to Copyright Agent.

(i)General Information.
It is SSI’s policy to respond to clear notices of alleged copyright infringement. This Section describes the information that should be present in these notices. Please note that in response to such notices, SSI reserves the right to take any action deemed necessary by SSI, including, without limitation, the right to remove or take-down, or disable access to, material or content claimed to be the subject of infringing activity.

(ii)Notice of Copyright Infringement.
SSI respects the intellectual property rights of others and is committed to complying with all Applicable Laws, including, without limitation, the Digital Millennium Copyright Act of 1998 (US), as amended (“DMCA”). If anyone has a good-faith belief that content and/or material located on, or within, any Website(s) is being used in a manner that constitutes copyright infringement; such person may provide notice of such infringement, which notice must include:

(1) A physical or electronic signature of the owner, or the person authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.

(2) Identification of the copyrighted work that is 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 such online site. Reasonably sufficient identification information must be provided to SSI by the reporting party.

(3) Identification of the material or content that is claimed to be infringing or is claimed to be the subject of the infringing activity and a request that such material or content be removed or access be disabled. Reasonably sufficient information must be provided to SSI to permit SSI to locate the material or content.

(4) Information reasonably sufficient to permit SSI to contact the individual providing the notice, including, without limitation, address, telephone number and if available, email address.

(5) Include the following statements:
(a) “I 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 law.”
(b) “I swear, under penalty of perjury, that the information contained in this notice is accurate, and that I am the copyright owner or I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
The foregoing notice should be sent to SSI’s Copyright Agent as follows:

By regular mail or nationally or internationally recognized overnight courier service to:

Survey Sampling International, LLC
6 Research Drive
Shelton, Connecticut 06484
Attn: Assistant General Counsel

Please note the foregoing notice may be forwarded by SSI to the individual who provided or supplied the allegedly infringing material or content.

(iii)Counter-Notification.
If you receive a copyright infringement notice from SSI and you feel that such notice was wrongly filed against you, you may file a counter notification with SSI’s copyright agent, which notice must include the following:

(1) A physical or electronic signature of the member or other individual whose material or content was removed or to which access was disabled.
(2) Identification of the material or content that has been removed or to which access has been disabled and the location at which the material or content last appeared prior to removal or the disabling of access.
(3) The following statement: “I swear, under penalty of perjury, that I have a good-faith belief that the identified material was removed, or access to it disabled, as a result of mistake or misidentification.”
(4) The name, address and telephone number of the member or individual whose material or content was removed or to which access was disabled, a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if you are located outside of the United States the Federal District Court located in Bridgeport, Connecticut, USA; and that you will accept service of process from the person who provided notification or an agent of such person.
The foregoing counter-notice should be sent to SSI’s Copyright Agent as set forth in Section 20, Subsection (D)(i), above.

Please be advised that:

§ You will be liable for damages (including reasonable attorneys’ fees and court costs) if you materially misrepresent that material or content is not infringing the copyrights of another party or parties.

SSI will terminate the Panel membership of any individual who is a repeat infringer of Applicable Laws.

21. Severability

If any provision of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be deemed null and void and shall not affect the application and/or interpretation of these Terms. The remaining provisions of these Terms shall continue in full force and effect, as if the invalid or unenforceable provision was not a part of these Terms.

22. Governing Laws; Disputes; Arbitration

These Terms shall be governed by and construed in accordance with the laws of the state of Connecticut, USA, without regard to its conflict of laws principles. Any controversy or claim arising out of or relating to these Terms and/or your Panel membership shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Fairfield County, Connecticut, USA and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, in no event shall you or SSI be prohibited, restricted or limited from seeking equitable relief from a court of competent jurisdiction located in Fairfield County, Connecticut, USA, to protect rights and/or property from damage or injury.

23. Miscellaneous Terms

The headings contained in these Terms are for reference only and shall have no effect on the interpretation and/or application of these Terms. SSI’s failure to enforce a breach by you of these Terms shall not waive or release you from such breach and shall not waive, release or prevent SSI from enforcing any subsequent breach by you of these Terms. These Terms, any policy or policies referenced or incorporated herein, and any Panel specific requirements, represent the entire understanding and agreement between SSI and you with respect to the subject matter hereof.

Last Updated: July 1, 2010

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