Last Updated: 06/25/2013
The Application and the Services are strictly for your personal, non-commercial use. You may use the Application and the Services only when and as available.
You will have access to certain intellectual property, content, and material owned or licensed by Dynata or Dynata's clients (&quot;Content&quot;). Content is and will remain the sole and exclusive property of the owner of the Content. You have a limited right to access and review Content solely in connection with your use of the Application and the Services. Except as set forth herein, you do not have and will not obtain or receive any rights, title, and/or interest in or to any Content. You agree to protect the confidentiality and secrecy of the Content and agree not to sell, modify, copy, reproduce, create derivative works of, republish, display, transmit, distribute, reverse engineer, decompile, use (except as set forth in these Terms), or otherwise exploit Content without the prior express written consent of the owner. Content may be protected by copyright or trademark laws and you shall abide by all copyright and trademark notices, information, or restrictions contained in any Content accessed through the Application.
Dynata reserves the right, in its sole discretion, to charge fees or modify fees for use of the Application and/or for participation in the Services, at any time. Dynata further reserves the right, in its sole discretion, to modify and/or discontinue the Application and/or any Services, whether in whole or in part, at any time, with or without notice.
You agree not to: (i) engage in any criminal acts; (ii) interfere with the Application, the Services, and/or any associated website(s) in any manner; (iii) engage in any unauthorized use and/or disclosure of Content; (iv) open, use, or maintain more than one (1) account with the Application; (v) engage in any fraudulent activity in connection with the Application and/or the Services, including, without limitation, speeding through surveys, taking the same survey more than once, masking or forging your identity, submitting false information during the registration process, submitting false or untrue survey data, redeeming or attempting to redeem rewards, prizes, and/or incentives through false or fraudulent means, and tampering with surveys; (vi) send or transmit any viruses, corrupted data, or any other harmful, disruptive, or destructive code, file, or information, including, without limitation, spyware; (vii) collect any personally identifiable information of or about any other user of the Application and/or the Services; (viii) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Application and/or the Services; (ix) send unsolicited emails, including, without limitation, emails of a commercial or marketing nature; (x) obtain or attempt to obtain unauthorized access to the Application, the Services, and/or the systems, code, and/or servers that support the Application and the Services; (xi) submit, post, or transmit any unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, inflammatory, inaccurate, misleading, or fraudulent content or material; (xii) establish any links to or from the Application, the Services, and/or any associated website(s); (xiii) alter the appearance of the Application, the Services, and/or any associated website(s); or (xiv) encourage or advise any person, including, without limitation, any Dynata employee, to commit any act(s) prohibited hereunder.
You acknowledge and agree that Dynata will fully cooperate with all legal disclosure request(s) (e.g. court orders or subpoenas).
You may submit, upload, or transmit content or material, including, without limitation, photos, videos, and/or any other similar or related content or material (&quot;User Content&quot;). If you submit User Content in connection with the Application and/or the Services, the User Content may become publicly available and may be shared with third parties including, without limitation, Dynata's clients, clients of Dynata's clients, and third party service providers. User Content should only include audio, video, images, or the likeness of the individual submitting the User Content and should not contain copyrighted or trademarked content or material of any third party. User Content should not include audio, video, images, or the likeness of anyone other than the user.
You grant Dynata and its parent, subsidiary, and affiliated companies (collectively &quot;Dynata&quot;), a perpetual, nonexclusive, world-wide, royalty free, transferrable, sub-licensable right and license to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including, without limitation, the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies), in any form or media, now known or hereinafter developed, any User Content, including any User Content posted, submitted, or uploaded to the Application and/or the Services through a third party.
You are solely responsible for the User Content. Dynata does not and cannot review all User Content and Dynata is not responsible for the User Content. Dynata reserves the right to delete, move, or edit User Content, that is, in Dynata's sole discretion, deemed to: (i) violate these Terms, (ii) violate copyright or trademark laws, or (iii) be abusive, defamatory, obscene, or otherwise unacceptable.
You will have the opportunity to receive rewards and incentives in connection with your use of the Services. Information on rewards and incentives may be available on the QuickThoughts dashboard, at the beginning or end of a survey, in survey invitations received in connection with the Services, or may be described in any newsletter distributed or published by Dynata.
You agree to indemnify, defend, and hold harmless Dynata and its parent, affiliated, and subsidiary companies and its and their respective 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, or caused by, whether directly or indirectly,: (i) your breach or violation of these Terms; and/or (ii) your use of and/or participation in or with the Application and/or the Services.
THE APPLICATION AND THE SERVICES ARE PROVIDED &quot;AS IS&quot; AND WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Dynata DOES NOT WARRANT THAT THE APPLICATION AND/OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SYSTEMS OR THE SERVERS THAT SUPPORT THE APPLICATION AND THE SERVICES WILL BE CORRECTED OR ARE FREE OF VIRUSES OR OTHER HARMFUL FILES OR COMPONENTS. Dynata DOES NOT PROVIDE ACCESS OR CONNECTION TO THE INTERNET AND IS NOT AND WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACTIONS OR OMISSIONS OF THIRD PARTIES THAT INTERFERE WITH, LIMIT, RESTRICT, OR PREVENT ACCESS OR CONNECTION TO, OR USE OF, THE APPLICATION AND/OR THE SERVICES. YOU HEREBY ACKNOWLEDGE THAT USE OF THE APPLICATION AND THE SERVICES IS AT YOUR SOLE RISK.
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAWS, YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL Dynata BE LIABLE, OR OTHERWISE RESPONSIBLE, TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES, FOR ANY REASON OR CAUSE, REGARDLESS OF WHETHER Dynata IS INFORMED OF THE POSSIBILITY THAT SUCH DAMAGES MAY EXIST.
ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE APPLICATION, THE SERVICES, AND/OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.
These Terms and your use of the Application and/or the Services shall be governed by and construed in accordance with the laws of the state of Connecticut, USA, without regard to any portion of any choice of law principles (whether those of Connecticut or any other jurisdiction) that might provide for application of a different jurisdiction's laws. All claims or disputes arising in connection with these Terms, the Application, and/or the Services shall be subject to the exclusive jurisdiction of the state or Federal courts located in Fairfield County, Connecticut USA.
Either party may terminate your membership, with or without cause, for any reason or no reason and without any liability for such termination.
In addition to any and all other available remedies, Dynata may, without notice, suspend and/or terminate your membership in the event you are in breach or violation of these Terms. You hereby agree that the suspension of your membership will not limit or restrict Dynata from taking any further action, including, without limitation, terminating your membership. If Dynata terminates your membership due to your breach or violation of these Terms: (i) you forfeit all rights, title, and interest in and/or to all unredeemed rewards, incentives, and/or prizes, effective upon termination; (ii) your membership will immediately be canceled; (iii) your access to the Application and the Services will immediately cease, and (iv) you will not be allowed to participate in surveys offered through the Services.
In addition to any and all other available rights and remedies, Dynata reserves the right to de-activate your membership if: (a) you do not remain Active (as defined herein); (b) Dynata receives a hard bounce or delivery failure notice in regards to email communications sent to your email account; or (c) Dynata receives a &quot;mailbox full&quot; reply notice three (3) times in regards to email communications sent to your email account. For the purpose of these Terms, &quot; Active&quot; means that you: (i) participate in a survey, at least, once every twelve (12) months, or (ii) update your profile information, at least, once every twelve (12) months.
In the event of deactivation, termination by you, or termination by Dynata (other than for your breach or violation of these Terms), Dynata shall maintain unredeemed rewards, incentives, and/or prizes active and available for you to redeem for a period of thirty (30) days following de-activation.
Termination or deactivation of your membership will not delete or remove the Application.
Dynata hereby reserves the right, in Dynata's sole discretion, to make changes to these Terms. Dynata encourages you to review these Terms on an ongoing basis. Dynata will obtain your consent prior to changes that are of such nature that consent is needed or required. For changes that do not require consent, your continued use of, membership in or with, or participation in a survey(s) in connection with the Application and/or the Services, does and will constitute your acceptance of these Terms as amended.
The headings contained in these Terms are for reference only and shall have no effect on the interpretation and/or application of these Terms. Dynata'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 Dynata from enforcing any subsequent breach. These Terms, any policy or policies referenced or incorporated herein, and the specific notices, terms, and requirements contained or listed on any website(s) associated with the Application and the Services constitute the entire agreement between you and Dynata and cancel and supersede any prior or contemporaneous agreements and terms, whether oral or written. If any provision of these Terms is found by a court of 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, and the other provisions of these Terms do and will remain in full force and effect. All notices to Dynata may be sent to: firstname.lastname@example.org or to Survey Sampling International, LLC, 6 Research Drive, Shelton, Connecticut 06484 USA, Attn: Legal Department.