SurveyTicker.com

 

Terms of Service

Revised 12.1.2009

 

PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING ON "I AGREE" YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THE TERMS OF SERVICE, INCLUDING ALL WARRANTIES AND PROMISES. YOU ALSO HEREBY ACKNOWLEDGE AND WARRANT THAT YOU ARE 13 YEARS OF AGE OR OLDER.

 

Worldwide Panel, LLC a California corporation (hereinafter "Calabasas", "We" or "Us") is a marketing research company based in Calabasas, California. We provide and maintain an Internet Web site (the "Site") under the name "SurveyTicker.com", with related tools and processes, that does or may conduct market research, including surveys and focus groups, engage in marketing activity, obtain market research data and results, and provide associated services (the "Services"). Access to the Services and use of the Site are provided to you, as a registered user (hereinafter "User" or "you"), to enable you to participate in the market research and other Site offerings and activities and to earn reward points for such participation. There may be only one User account for each computer and and that account may not be shared with any other person. However, a User may have multiple widgets (such as facebook, myspace, windows, smart phones) per account. All use of the Site and Services by you are under the terms and conditions set forth in these Terms of Service ("TOS"), as revised from time to time, and any rules or policies otherwise set forth on the Site or published from time to time by Us. The use of the Site and the Services is void where prohibited.

 

Users who register, participate in marketing research, respond to marketing offerings, or respond to or engage in other Site offerings or activities (each an "Activity") under the terms and conditions set forth in the Activity notice or offering terms and in these TOS will receive awards in the form of vouchers ("Vouchers") that can be used for discounts on products and/or points ("Points") to be credited to the User's account in the amount applicable to those Activity requirements that are completed. Vouchers and Points have no cash value and may only be redeemed for rewards. Vouchers can be used for discounts on products in an online store (the "Voucher Store") at RedeemItNow.com, a web site operated by RedeemItNow, Inc. ("RIN"), an affiliate of Calabasas. Points are exchangeable for cash, products, and rewards and gift certificate codes through an online rewards store (the "Rewards Store") RedeemItNow.com and operated by RIN. We are using RIN exclusively to offer Users the opportunity redeem their Vouchers and Points under the terms and conditions set forth in these TOS and any rules or policies otherwise set forth on this Site or published from time to time by Us and under the RedeemItNow.com Terms of Service ("RIN TOS"). In order to redeem Vouchers or Points, Users must agree to the RIN TOS and accept the RIN Privacy Policy. If a User does not accept the RIN TOS, such User will be unable to redeem Points or Vouchers. These TOS, the RIN TOS, and any rules or policies otherwise set forth on this Site, including the SurveyTicker and RIN Privacy Policies, or any terms set forth in any Activity invitation or communication, comprise the entire agreement between you and Us and supersede any and all prior agreements or understandings between the parties.

 

Earning of Point and Vouchers and redemption of rewards are subject to all applicable laws and regulations. Rewards may be subject to income, use or other taxes. Such taxes and all disclosures related thereto are the sole responsibility of the User.

 

1. USER ACKNOWLEDGMENTS AND AGREEMENTS.

 

You expressly agree to receive Activity offers or participation requests by email or, if you elect, via a streaming "Ticker" from Us. A Ticker is a real time on-line data stream that uses an applet downloaded onto the User's computer to provide User with both Activity invitations and links to such Activities. You may purchase a Ticker for a one-time fee of $9.95 or acquire a Ticker at free or discounted costs during specific promotional events or activities. There is no other cost we charge for acquiring or using a Ticker.

 

Activity invitations sent by Us will be on behalf of, or directly from our clients, some of whom who may not be known to you, or from Us directly. The Activity requests for Us directly will state clearly on the request that the Activity is from Us. Generally, We provide a means for third parties to locate Users to respond to Activity requests for market research purposes. You acknowledge that you can "opt-out" of receiving these Activity requests at any time, although it may take several weeks before you stop receiving the requests.

 

You understand that We will use the personally identifiable information you provide during the registration process or in response to other requests to determine if your profile matches the requirements for participation in a specific Activity. We also may use your personal information to target other Activity offerings and invitations that meet your profile or preferences. Personally identifiable information is information that identifies you and includes such data as name, address, telephone number, and email address. We do not send your personal individual information or identify you individually to our clients or third parties unless you consent. We may use the information with our related companies, such as RIN. You have no objection to the use of your personal information for these purposes. Please see our Privacy Policy for further information.

 

As explained below and in our Privacy Policy, we also automatically collect non-personal information, such as the IP address for your computer, the serial number of the computers motherboard, and browsing behavior data, through the use of cookies, flash objects and the Ticker applet installed on your computer. A cookie is a small piece of information that a website transfers to the hard drive of a visitor's computer to facilitate recognition and communication and for record-keeping purposes. You can adjust your web browser to not accept cookies, but you may lose some functions if you do so. A web beacon is an invisible file located on webpages that you visit. They are often used in combination with a cookie to track navigation of a site and communicate with your computer to determine, among other things, whether you have been to that page before or viewed particular information. Such information does not personally identify you, but are data points that may also be used to enhance the use of the website, for market research and to target Activity invitations to you based on preferences.

 

Typically, we will receive and compile the Activity results in aggregate form for delivery to our clients and your personal information will not be provided to any third parties. We have no control over the content or subject matter of a client's Activity or the requirements for participation, if any, for a specific Activity, or the results or invitations to view the results of third party Activities. It is possible that an Activity will require a direct communication or response from you to a third party. In such event, you will be so advised and, if you elect to participate, you further understand that if such an Activity asks for personal information about you and you choose to supply it directly to the third party, We have no control over the third party's use of that personal information.

 

You acknowledge that you will be provided Voucher and/or an award of Points (an "Award") as designated in the invitation or other communication for each fully completed Activity, with completion as determined by Us, and in accordance with our payment terms and conditions. The Vouchers can be redeemed for discounts on products at the RIN Voucher Store and Points can be redeemed for cash, products, gift certificates or merchandise as offered by Us through the RIN Rewards Store at the time of redemption.

 

If you do not finish the Activity in the allotted time, We have the right to obtain another User in your place without any Award to you. Unless otherwise stated, all Activity offers are by invitation only and each User account may participate only once in each Activity to which they are invited. Unless otherwise stated, Users who do not receive invitations directly from Us or from a company authorized by Us to issue invitations are not eligible for any Award, if any is offered. Users who attempt to participate in an Activity more than once are not eligible for any Award, if any is offered, unless multiple participation is specifically allowed under the terms of the invitation. Unless otherwise noted, only one person per household may participate in each Activity. We may track your use of the Site, and may freely use and disclose any information and materials received from you or collected through your use of the Site for any lawful reason or purpose, in accordance with the guidelines set forth here and in Our Privacy Policy.

 

2. MODIFICATION TO SERVICES PROVIDED.

 

User acknowledges and agrees that We may, with or without notice, modify, delete, or amend the Services and/or Site and/or TOS. We will notify User of any such modification, deletion or amendments by updating the TOS and indicating a new "revised" date for the TOS, by notice placed on the Site, by email or by other means. If User does not accept the modification, deletion or amendment, User must terminate User's registration or cease any continued use of the Site or Services. Any and all use of the Site or the Services by User after the modification, deletion or amendments shall be deemed to be acceptance of the modification, deletion or amendment (as well as all other terms and conditions) to the Services, Site or TOS.

 

3. REGISTRATION AND PASSWORD. User shall provide current, complete, accurate information in the registration section of the Site. User shall further update and keep such information current as needed. User must be 13 years of age or older to register. User shall provide a password or accept an assigned password in order to access the Services. User is solely responsible for maintaining the confidentiality of User's password and account information. User shall immediately notify Us of any unauthorized account activity, or any unauthorized use or any other breach of security known to User.

 

4. VOUCHERS/POINTS/REDEMPTION OF POINTS We will provide Users with Vouchers and/or Points for participating and completing Activities on the required terms. The type of Voucher or number of Points for any Activity will be identified with the invitation to participate in the Activity or other communication. We may from time to time invite Users to participate in third-party Activities that are sent directly from such third-parties and not from Us. User will be alerted in advance that such Activity is a direct third-party Activity and has the choice not to participate. As We will sometimes use email addresses that are entered at the end of a third-party Activity for verification, We will not be responsible if User deletes or change their email address before they have been credited with Points for that Activity. Vouchers issued for an Activity may be used for discounts for products in the Voucher Store at the RIN web site. Points are deposited in a virtual Personal Account with RIN for each User and amounts are displayed on a User's Ticker, if User elects to have a Ticker, and on User's Personal Account web page. The Points may be referred to as RIN Points. User will only be eligible to redeem Points after User has accumulated at least ten thousand Points. To redeem Vouchers and Points, User must provide RIN and Us with an accurate home address, which will be used only for security purposes. We will not use the address information for any solicitation and will not sell or disclose that information to third parties.

 

Points can be redeemed through the RIN store for Amazon.com gift certificates, but only in $10 increments and subject to and according to Amazon.com policies. Once User has accumulated ten thousand Points, User may claim the Amazon.com gift certificate by clicking on a "Payout" button that will appear on User's Personal Account web page on the RIN website. After clicking on the "Payout" button, an email will be sent to User's registered email account. User's Amazon.com gift certificate code will be enclosed in that email. We will have no liability regarding the gift certificate code. Any unused Points will remain in User's Personal Account. User will not be able to redeem any remaining Points until User's Personal Account again has a minimum of ten thousand Points.

 

Users are also offered an opportunity to convert RIN Points to cash through the PayPal system at the rate of 10,000 Points for eight dollars and twenty cents ($8.20). User must have a PayPal account to receive such a payment. PayPal is solely responsible for the delivery of cash to any User and neither We nor RIN are not liable for any errors or omissions by PayPal or User. All use of the PayPal system is subject to the Terms of Service and

 

Privacy Policy of PayPal, which can be accessed from the Site for from PayPal directly. If User declines PayPal's delivery of funds, User will not have the Points debited for such redemption re-credited to User's account, but such Points will be forfeited.

 

Users may be offered other redemption opportunities, including the ability to exchange Points for merchandise or credits towards merchandise at the RIN store. Redemptions shall be determined by us and will be on the terms in effect at the time of the redemption. Some of these redemption opportunities may involve third party providers of merchandise. In some instances, transactions may require the disclosure of personal information to RIN or such third party providers, such as for example: an address for shipment of merchandise or credit card information if any additional payment is required. All use of such third party sites is subject to the Terms of Service and

 

Privacy Policy of the third party.

 

5. INACTIVE PERSONAL ACCOUNTS

 

We shall have the right to close a personal account for inactivity. A personal account shall be deemed inactive if the account does not receive deposits in excess of one thousand Points during any 12 month period. User shall not be eligible to recover any balance of Points lost in an account that is closed due to inactivity.

 

6. ACCURATE AND TRUTHFUL INFORMATION

 

User shall provide accurate and truthful registration data and information and responses as required by any Activity. Only User shall provide responses and information when completing an Activity through User's account. User warrants that the opinions and statements given in response to any market research or opinion Activity represent User's true opinion or view. Furthermore, We shall have the right to analyze User's Activity responses for accuracy and truthfulness. If We have reason to believe that User is not providing accurate and truthful registration or Activity information, or if User is allowing someone other than User to contribute to Activity responses, We shall have the right to terminate User's account and User shall not be eligible to redeem any balance in User's account.

 

7. ABUSE & DISPUTES.

 

The following User actions are considered an abuse and a violation of these TOS and cause for immediate termination of the right to continue to use the Site or Services. The following actions are not the only activities that may be determined to be an abuse or violation of these TOS. When terminated, User's account will be closed and User shall not be eligible to redeem any Points in User's account.

 

a. Registering by giving false or misleading information

 

b. Changing your profile and giving false or misleading information

 

c. Creating multiple accounts

 

d. Participating in the same Activity more than once unless multiple participation is allowed

 

e. Attempting to participate in an Activity, not meeting the qualifying requirements, then attempting to qualify again with knowledge of the requirements of the qualifying process

 

f. Informing another person of the requirements for the Activity qualifying process

 

g. Intentionally giving faulty responses while participating in a Activity

 

h. Completing an Activity so quickly that you would not have been physically able to read the questions

 

i. Posting our links to Activities anywhere on the Internet

 

j. Registering if you are under the age of 13 years old

 

k. Attempting to participate in the Activity when you do not fit the specific User profile in a Activity invitation

 

l. Registering or changing your profile with usernames or email addresses that We deem indecent

 

m. Being unable to answer profile verification questions

 

If you are a US citizen, and have a dispute, you will be required to give Us your social security number and full name and postal address, so We can verify your registration information with US State records. Disputes are for US citizens only. After We have run a check on your profile, if your records are accurate, We will advise you the reason your account was closed. If, in our discretion, We should decide to re-open your account, We will re-open your account and advise you why your account was closed. If your records do not match, your account will remain closed and no further action will be taken. If you are from outside the USA, We will not be able to process your dispute and there will be no recourse, your account will remain closed.

 

8. PRIVACY.

 

We are committed to a policy of protecting the privacy and confidential information of Users. Please see our PRIVACY POLICY for additional information on our policies and practices relating to your privacy.

 

9. DISCLAIMER OF WARRANTIES.

 

USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE SERVICE AND THE SITE IS AT USER'S SOLE RISK. THE SERVICE AND THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT ALLOWED BY LAW, CALABASAS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE CONTENTS OF THE SERVICES OR THE SITE MAY CONTAIN ERRORS, PROBLEMS OR OTHER LIMITATIONS. CALABASAS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN CONTENT. CALABASAS IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY ACTIVITY OR ACTIVITY INVITATION OR INSTRUCTIONS, NOR IS IT RESPONSIBLE FOR THE RESPONSES SUBMITTED IN RESPONSE TO ANY ACTIVITY REQUESTS OR FOR THE RESULTS GENERATED BY SUCH RESPONSES. CALABASAS MAKES NO WARRANTY THAT THE SERVICE OR SITE WILL MEET USER'S REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPED, TIMELY, SECURE, VIRUS-FREE, ERROR-FREE, ACCURATE OR RELIABLE; NOR DOES CALABASAS MAKE ANY WARRANTY AS TO ANY INFORMATION THAT MAY BE OBTAINED THROUGH THE SERVICE OR SITE OR THAT DEFECTS IN THE SOFTWARE FOR THE SERVICE WILL BE CORRECTED OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SERVICE OR SITE IS DONE AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. CALABASAS MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR SITE OR FROM ANY THIRD PARTY OR ANY TRANSACTIONS ENTERED INTO THROUGH OR BASED UPON THE SERVICE OR THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM THE SERVICE OR SITE OR THROUGH THE SERVICE OR SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. USER ACKNOWLEDGES THAT USER'S USE OF THE SITE AND SERVICES ARE AT USER'S OWN RISK.

 

10. LIMITATION OF LIABILITY.

 

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER CALABASAS NOR ANY PARENT ENTITIES, SUBSIDIARIES, AFFILIATES, OFFICERS OR EMPLOYEES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF USER'S ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON THE SERVICE OR ANY ACTIVITIES OR ACTIVITY RESPONSES OR RESULTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF USER IS DISSATISFIED WITH THE SERVICE, THE MATERIALS AVAILABLE ON OR THROUGH THE SERVICE OR THE SITE, OR WITH ANY OF THE TERMS OF AGREEMENT, USER'S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND LEAVE THE SITE IMMEDIATELY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO $100.00 OR THE GREATEST EXTENT PERMITTED BY LAW, IF HIGHER.

 

11. NO SPAMMING OR JUNK MAIL. From time to time, We may solicit feedback on Services provided by the Site. User warrants that User's responses or other use of the Site or Service will not violate any spamming, junk mail or other related laws or regulations prohibiting or discouraging unsolicited mail. If you have breached the TOS, We can report such conduct to the appropriate authorities and turn over any and all information, including personally identifying information, to appropriate persons or entities.

 

12. PROPRIETARY RIGHTS. We own the content contained in the Service and the Site, except for third party tradenames and property, including the graphics, names, text, software, music, videos, sound, pictures, compilations, templates, surveys, User responses, Activity results and related data, page layout, design, processes, procedures, magnetic translation, digital conversion or other material. All content, with the possible exception of third party content, is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. No one may copy, reproduce, distribute in any way, or decompile, reverse engineer or disassemble the content. Modification or use of the content in any other way is a violation of copyright and other proprietary laws. No one may copy, reproduce, transmit, post, distribute or create derivative works from this Site without prior express authorization.

 

13. THIRD PARTY ADVERTISERS AND LINKS. We may provide advertising space and/or links and pointers to Internet sites maintained by third parties. We have not reviewed all of the third party sites nor reviewed any products or services they may provide. We are not responsible for nor do we endorse the contents or any products or services of such third parties or their sites. We do not control in any respect any information, products or services offered or suggested by third parties on the Site. We do not endorse or otherwise warrant or guarantee the third party products or services that are either advertised on the Site or connected by link.

 

14. INDEMNIFICATION. User agrees to defend, indemnify and hold harmless Calabasas, its parent entities, subsidiaries, affiliates, officers, and employees, for any and all claims and demands, including attorney's fees, due to or arising from User's use of the Service, surveys, Activities, market research, focus groups and any other conduct related in any way to the Service or the Site, including but not limited to breaching any warranty or provision contained in these TOS

 

15. TERMINATION. In addition to termination as a result of User Abuse, these TOS may be terminated by either party hereto at any time. We shall not be liable to User or any third party in any manner for termination of the Service. In the event User should become dissatisfied with the TOS or any modifications thereof, or with the Service or the Site, User's only recourse is to discontinue use of the Service and terminate the registration. Upon termination, User's right to use the Service and the Site cease immediately and User will not be eligible to redeem any balances in User's account.

 

16. JURISDICTION. The TOS and the relationship between User and Us shall be treated as if entered into and executed in the State of California and shall be governed and construed in accordance with the laws of the State of California, without regard to conflict of law principles. User agrees to submit to personal and exclusive jurisdiction and venue of the courts in Los Angeles County, California, USA. We make no representation that the materials and content on the Site or relating to the Services are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is strictly forbidden. Those who access the Services or the Site from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws. Any claim or demand under the TOS must be made within one year of the occurrence.

 

17. ATTORNEYS FEES/WAIVERS. In any dispute arising from the relationship between User and Us or the TOS, the prevailing party shall be entitled to reasonable attorney's fees and costs. The failure by Us to enforce any right or provision under the TOS shall not constitute a waiver of that provision or any other provision of the TOS. If any provision of the TOS shall be determined to be invalid or unenforceable by a court of competent jurisdiction, the other provisions of the TOS shall remain in full force and effect.

 

18. SECURITY PROVISIONS/LOG FILES AND APPLETS. As stated above and further described in our Privacy Policy, we use cookies installed on a User's computer to obtain data such as IP addresses, browser type, referring URLs, clickstream data (information that users generate as they move from page to page and click on items within a website, usually stored in log files), operating system, and date/time stamp. We use such data to analyze trends, administer the site, track User's movement, and gather broad demographic and behavior information. The use of the Ticker requires that an applet be downloaded into User's computer to enable the Ticker to provide streaming data to User. This applet will also collect and report to Us data points from the User's computer that will provide a digital identification that will be used to ensure the security and integrity of the Activity and the Activity responses, to verify that the User is the person responding to the Activity and collect behavior information. The information collected by us through cookies and the applet will not be disclosed or sold to third parties. Such information in aggregate form may be used in optimizing the performance of our site and our services or determine abuse. Such individual information obtained may be used by used by Us to target Activity offerings and invitations to Users meeting the criteria for the Activity and for target marketing based on a User's profile or preferences.

 

19. NATURE OF AGREEMENT. User agrees that the registration procedure and subsequent activation of the "I AGREE" button constitute agreement to the TOS. Further, the TOS and any documents referred to or incorporated in these TOS, including the Privacy Policy and any terms and conditions in any Activity invitation, constitute the entire and only agreement between the parties and supersedes any prior or other understandings, representations or warranties. User agrees that each use of the Services and the Site reaffirms User's acknowledgment and agreement to the TOS. YOU ACKNOWLEDGE THAT BY CLICKING ON THE "I AGREE" BUTTON BELOW TO COMPLETE REGISTRATION AS A USER, YOU HAVE READ, UNDERSTOOD AND AGREED TO THE FOREGOING STATEMENTS AND THE TOS.