|

1. OPINIONZONE
SITE - PANELIST AGREEMENT.
This Agreement sets forth the terms and conditions that apply
to your use of the opinionZone.com web site ("OpinionZone") and
any products, services, polls, or surveys offered through OpinionZone
or through other means. The privilege to use OpinionZone and any
other product or service offered by OpinionZone is personal to you
and is not transferable to any other person or entity and may be
revoked by us at any time for any reason. You may only use OpinionZone
for non-commercial purposes.
Acceptance of Terms. Your use of the site or completion
of the initial questionnaire shall conclusively be deemed to constitute
your acceptance of the Terms and Conditions in this Agreement.
Definitions. The "Surveys" are the online poll and survey
opportunities operated by OpinionZone on the World Wide Web or offered
to Panelists by any other means. "Panelist" means each person who
visits OpinionZone and/or registers to participate in any of the
Surveys offered by OpinionZone. These Terms and Conditions will
apply to all Panelists unless otherwise noted.
General.
OpinionZone shall have the right at any time to change or discontinue
any aspect or feature of the Surveys, the form for registration
as a Panelist, the Surveys provided, or any other item presented
on the web site.
Changed Terms. OpinionZone shall have the right at any time
to change or modify these Terms and Conditions applicable to use
of the Surveys. Such changes, modifications, additions, or deletions
shall be effective immediately upon posting a revised version of
these Terms and Conditions on OpinionZone. Any participation in
a Survey by a Panelist after such notice (other than to terminate
Panelist's participation) shall conclusively be deemed to constitute
acceptance by the Panelist of such changes, modifications, additions
or deletions. Each Panelist agrees to review the Terms and Conditions
periodically to be aware of such revisions.
2. PANELIST
CONDUCT.
The Surveys shall be used only for the purpose of responding to
polls and surveys in which Panelist is invited to participate. Panelist
may not use the Surveys or OpinionZone for any other purpose. Each
Panelist acknowledges that he or she understands this limited use
of the Surveys and agrees that he or she will not use the Surveys
for any other purpose. The Surveys may contain copyrighted material,
trademarks and other proprietary information belonging to OpinionZone
or its licensors.. No Panelist may modify, publish, transmit, participate
in the transfer or sale of, create derivative works from, reveal
or display publicly or in any way exploit, any of the content of
the Surveys, in whole or in part, without the express written permission
of OpinionZone.
Each Panelist hereby grants to OpinionZone, its successors, assigns
and licensees, an irrevocable, royalty-free license to use, reproduce,
modify, adapt, publish, translate, perform, create derivative works
from, and display any information, or other content of any nature
whatsoever, in whole or in part, provided by Panelist in the course
of, or arising out of, Panelist's participation in the Surveys,
and to incorporate such content in other works in any form, media
or technology now known or hereinafter developed.
You may not use spiders, robots, data mining techniques or other
automated devices or programs to catalog, download, store or otherwise
reproduce, store or distribute content available on the site. Further,
you may not use any such automated means to manipulate the Surveys,
such as automating what are otherwise manual or one-off procedures.
You may not take any action to interfere with, or disrupt, the site
or any other user's use of the site, including, circumventing security
or user authentication measures or attempting to exceed the limited
authorization and access granted to you under these Terms and Conditions.
You may not frame portions of the site within another web site or
establish links from any other web site to any page of the Web site
other than the home page. You may not resell use of, or access to,
the site to any third party without our prior written consent.
Each Panelist shall provide OpinionZone with accurate, complete
and updated information as to his or her name and email address
provided by Panelist at registration. Once a Panelist is registered,
he or she should use the "Update Registration" link to update their
registration information. If you need an email account, free email
services are available through companies such as hotmail.com, yahoo.com,
and other companies. If you need Internet access, visit your local
library.
Each Panelist shall be entitled to register once, and that registration
shall be in the name of Panelist. No Panelist may select or use
a Panelist name or email address of another person, or use multiple
e-mail addresses on OpinionZone. No Panelist may respond to any
poll or survey more than once. No employee of OpinionZone, or family
member of an employee of OpinionZone, shall be entitled to register
as a Panelist.
The foregoing
provisions of this Section 2 are for the benefit of OpinionZone,
its affiliates, and any third party providers and licensors, if
any, and each shall have the right to assert and enforce such provisions
directly on its own behalf.
Any violation
by a Panelist of these Terms and Conditions may result in termination
of that Panelist's registration, and may also result in civil liability
for all damages suffered by OpinionZone as a result of such violation.
3. DISCLAIMER
OF WARRANTY - LIMITATION OF LIABILITY.
(A) Each Panelist
expressly agrees that Panelist's use of the Surveys is at his or
her sole risk. None of OpinionZone, its affiliates or any of their
respective employees, agents, third party content providers, or
licensors, if any, warrant that the use of and access to the Surveys
will be uninterrupted or error free.
(B) The Surveys
are provided on an "as is" basis without warranties of any kind,
either expressed or implied, including but not limited to warranties
of title or implied warranties of merchantability or fitness for
a particular purpose, other than those warranties that are implied
by and incapable of exclusion, restriction, or modification under
the laws applicable to this Agreement.
(C) The disclaimers
of liability contained in this Section 3 apply to any damages or
injury caused by any failure of performance, error, omission, interruption,
deletion, defect, delay in operation or transmission, computer virus,
communication line failure, theft, or destruction or unauthorized
access to, alteration of, or use of record, whether for breach of
contract, tortious behavior, negligence, or under any other cause
of action. Each Panelist specifically acknowledges that OpinionZone
is not liable for the defamatory, offensive or illegal conduct of
third parties, including other Panelists and that the risk of injury
from the foregoing rests entirely with each Panelist.
(D) In no event
shall OpinionZone or any person or entity involved in creating,
producing or distributing the Surveys be liable for any direct,
indirect, incidental, special, or consequential damages arising
out of the use of or inability to use the Surveys or out of the
breach of any warranty. No responsibility is assumed by OpinionZone
or any of its subsidiaries or affiliate for any lost, late, corrupted
or misdirected communication, or for any computer online, telephone
or technical malfunctions that may occur.
(E) OpinionZone
neither endorses nor is responsible for any offensive, defamatory
or obscene posting made on the Surveys by anyone. Under no circumstances
will OpinionZone be liable for any loss or damage caused by a Panelist's
reliance on information obtained through the content on the Surveys,
or in any communication associated with the Surveys.
(F) Each Panelist
specifically acknowledges that in no event will OpinionZone, its
affiliates or any of their respective employees or agents be liable
for any direct, indirect, incidental, special or consequential damages
arising out of the use by such Panelist of any browser owned or
operated by any party and/or the downloading of any software owned
or operated by any third party in connection with the Surveys.
4. MONITORING.
OpinionZone
shall have the right, but not the obligation, to monitor the content
of the Surveys to determine compliance with this Agreement and any
other operating rules established by OpinionZone. OpinionZone shall
have the right in its sole discretion to edit any material on the
Surveys. Without limiting the foregoing, OpinionZone shall have
the right to remove any material that OpinionZone, in its sole discretion,
finds to be in violation of the provisions hereof, otherwise objectionable
or stale. Notwithstanding this right of OpinionZone, Panelists shall
remain solely responsible for the content of their answers. Each
Panelist acknowledges and agrees that neither OpinionZone nor any
third party content provider shall assume or have any liability
for any action or inaction by OpinionZone or any third party content
provider with respect to any conduct or communication relating to
the Surveys.
5. SWEEPSTAKES.
General. Each Panelist acknowledges that OpinionZone may
use sweepstakes to reward Panelists who participate in the Surveys
on OpinionZone. Sweepstakes shall be subject to additional rules
and conditions.
Odds of
Winning. Panelist acknowledges that sweepstakes are designed
so that not every participant wins, and that many participants will
not win any reward for their effort in completing a Survey. OpinionZone
will include in each e-mail inviting Panelists to participate in
any Survey (or otherwise provide with each invitation to Panelists
to participate) an approximation of the chances of winning in the
sweepstakes and the value of the prize. The actual odds will vary
depending on the number of Panelists who actually participate, and
OpinionZone may not be able to control the number of Panelists who
actually participate.
No Participation
by Persons Under the Age of 18. Only Panelists who are legal
residents of the 50 United States, the District of Columbia, U.S.
Military personnel (and their families) with APO/FPO addresses,
and Canada (except the province of Quebec) who are 18 years of age
or older shall be entitled to participate in any sweepstakes reward.
Taxes; Transfer.
Panelists who are selected as sweepstakes winners are responsible
for the payment of all applicable federal, state, and local taxes
related to the prize. Prizes are not transferable.
6. INDEMNIFICATION.
Each Panelist
agrees to defend, indemnify and hold harmless OpinionZone, its affiliates
and their respective directors, officers, employees and agents from
and against all claims, demands, causes of action, and expenses,
including attorneys' fees, arising out of the use of the Surveys
by such Panelist. In all cases, OpinionZone shall be entitled to
a defense using counsel of its choosing, and at the sole expense
of such Panelist.
7. TERMINATION.
Either OpinionZone or Panelist may terminate this Agreement at
any time, and for any reason. A Panelist's only right with respect
to any dissatisfaction with any terms and conditions of this Agreement,
any policy or practice of OpinionZone in operating the Surveys,
or any content available through the Surveys or any change therein,
is to terminate this Agreement by sending an e-mail message that
he or she wishes to be removed as a participant to opinionZone.com,
or by using the "Panelist Update" link provided with e-mail messages
OpinionZone has sent to Panelist. Without limiting the foregoing,
OpinionZone shall have the right to immediately terminate this Agreement
with respect to any Panelist in the event of any conduct by Panelist
that OpinionZone, in its sole discretion, considers to be unacceptable,
or in the event of any breach by Panelist of this Agreement. The
provisions of Sections 3, 4, 6, 7 and 8 shall survive termination
of this Agreement.
8. INTELLECTUAL PROPERTY.
All trademarks are the property of OpinionZone. All rights reserved.
All other trademarks appearing on the Surveys are the property of
their respective owners. OpinionZone is the exclusive owner of,
or is authorized to use or provide access to, all parts of the site,
including all copy, graphics, designs and all intellectual property
or proprietary rights contained therein. Except as expressly set
forth in these Terms and Conditions, you may not copy, distribute,
modify or create derivative works of such content, and no license
is granted to you and no rights are conveyed by virtue of accessing
or using the site. All rights not granted under these Terms and
Conditions are reserved by OpinionZone.
9. EQUIPMENT.
Each Panelist
shall be responsible for obtaining and maintaining all telephone,
computer hardware and other equipment needed for access to and use
of the Surveys, and Panelists shall be responsible for all charges
related thereto.
10. VOID
WHERE PROHIBITED.
The Surveys
and Sweepstakes are void where prohibited by law.
|