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Terms

These terms of use (these "Terms of Use") govern your eligibility membership and participation in any survey (including any poll or panel) owned or operated by Varsityplaza LLC (dba BigSpot Panel) ("we," "us, "our") including but not limited to BigSpot Panel and any sub-panels or other panels we offer from time to time, as well as your receipt of related rewards and incentives (the "Service"). "You" or "your" means an adult user of the Service acting independently or as parent or guardian for any minor aged thirteen (13) or older whom you allow to access the Service and for whom you will be held responsible. By using the Service, you accept and agree to be bound by these Terms of Use. If you do not agree, please immediately cease all access and use of the Service and our related website.

Eligibility and Registration

You must be eighteen (18) years or older to use the Service. Minors must use the Service under the supervision of a parent or guardian who is responsible for their use. The Service is not offered to, and we do not accept membership registrations from, users who are under thirteen (13) years of age. You also must provide us with true, current, and complete information. You must promptly update your registration to keep it true, current, and complete. Multiple persons living in the same household may become members. Each person must separately meet the conditions for eligibility. Your membership, and your participation in particular survey panels and/or surveys, are subject to additional conditions we may set from time to time based upon our or our clients' requirements. You may not use anyone else's username or password, and you are responsible for maintaining the confidentiality of your username, password and account. You agree to notify us immediately of any unauthorized use of your username, password or account or any other breach of security. We will check the truthfulness and completeness of registrations. If you do not comply with the conditions for eligibility, or provide false information, or make multiple false applications, we may terminate your membership(s) and you may forfeit all rewards accumulated before termination. We reserve the right to refuse membership and/or participation in particular survey panels or surveys to anyone for any reason.

Your Use of the Service

You agree that you will not use the Service to take any of the following actions:

  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others;
  • Publish, post, upload, e-mail, distribute, or otherwise disseminate (collectively, "Transmit") any content that injures others or is inappropriate, profane, defamatory, infringing, pornographic, obscene, indecent, vulgar, unlawful, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, or that otherwise could result in civil or criminal liability;
  • Engage in any illegal activities or incite illegal activities under U.S. and your local law.
  • Transmit any content prohibited by intellectual property (e.g., copyright, trademark, trade secret, or privacy and publicity) or other laws, unless you are the owner or have permission to use such rights;
  • Rent, lease, loan, sell, trade, resell or make any other commercial use of the Service or your username, password or account for any purpose, or to copy, modify, republish or create derivative works of or distribute the Service or any survey or other content on the Service.
  • Transmit content that contains viruses, corrupted files, or any other software or functionality that may damage or adversely affect the operation of another person's computer, the Service, any software or hardware, or telecommunications equipment, or interfere with any security or rights protection functionality of ours or any third party;
  • Reformat or frame any portion of the web pages of the Service;
  • Translate any material portion of any web page of the Service into another language, except for your personal non-commercial use;
  • Restrict or inhibit any other user from using and enjoying any public or private area within the Service;
  • Collect or store email addresses or personal information about other members;
  • Interfere with or disrupt the Service, or our sites, servers, or networks;
  • Impersonate any person or entity, including, but not limited to, one of our representatives, or misrepresent your affiliation with anyone;
  • Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through the Service or to manipulate your presence or actions on the Service;
  • Participate in or facilitate any effort to artificially manipulate the results, scoring or evaluation of content on the Service, such as creating multiple accounts; or
  • Take any action that imposes an unreasonably or disproportionately large load on our infrastructure or accesses the Service by automated means (such as scripts or web crawlers).

If you choose a username that, in our sole discretion, is obscene, indecent, abusive, impersonates another person, violates intellectual property rights or that might otherwise subject us to liability, we reserve the right, without prior notice to you, to automatically change or delete your username, deactivate or terminate your membership, or any combination of these actions. As a member, you agree to accept communications by us by email, postal mail and/ or text/SMS message. To opt-out, please see our Privacy Policy. You are solely responsible for submitting your responses to the Service. You hereby grant us a perpetual, worldwide, irrevocable, royalty-free, non-exclusive, transferable, sub-licensable license to use, reproduce, create derivative works of, perform, display, transfer, transmit, translate, distribute, and publish any or all of your responses, in any media or technology now or hereafter known. To the extent you may have any "moral rights" (such as rights of attribution or integrity of a work), you release, waive and agree not to assert such rights against us or any of our licensees or assigns. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, or otherwise transfer any right to the technology or software underlying the Service. We may establish or revise from time to time at our discretion general practices and limits concerning your use of the Service. In addition, you agree that we have no responsibility or liability for the deletion, corruption, or alteration of, or failure to store any of your content or responses. It is your responsibility to obtain at your own expense all equipment and third-party services (e.g., computer and internet access) required for you to access and use the Service.

Payments

As a reward to members for their participation in our Service and surveys, we provide rewards that may be converted into United States dollars paid by PayPal. Of course, a member must meet the conditions of eligibility for membership and for the particular survey, and must complete the entire survey, in order to receive rewards. Payments by PayPal require a valid PayPal account and email address and your compliance with PayPal requirements and rules. We may provide additional conditions or rules that apply to particular surveys or activities. We reserve the right to substitute rewards options at any time. Rewards are non-transferable and may not be sold. If you earn more than six hundred dollars (U.S. $600) per year of rewards, you are required to submit to us your Social Security Number for compliance with U.S. tax requirements.

If a member does not attempt at least one survey in a 12 month period, their account will be suspended and their accumulated rewards will be forfeited.

Privacy and Other Policies

Your use of the Service is subject to our Privacy Policy and our other applicable policies, each as in effect from time to time, which are incorporated herein by reference.

Termination

We may terminate or suspend these Terms of Use, your membership, or your use of any or all of the Service, in whole or in part at any time and for any reason. Our reasons include, but may not be limited to: your membership becomes Inactive, or we suspect inaccuracy or manipulation (e.g., completing a survey unusually quickly) in your use of our Service. We also reserve the right to terminate or suspend your membership or any content without prior notice, and for any reason, including if you engage in any conduct that we believe: (a) violates the letter or spirit of any term or provision of these Terms of Use, (b) violates the rights of us or third parties, or (c) is otherwise inappropriate for continued access and use of the Service. Your membership becomes "Inactive" if any of the following occur: (a) you do not complete at least one survey per year; or (b) we receive a bounce or delivery notice failure of one or more emails sent to your email address in our records. Similarly, you may terminate your membership and these Terms of Use by clicking the unsubscribe link at the footer of any page of our website when you login or at the footer of emails that we send. Please allow forty-eight (48) hours for the unsubscribe to process. For more information about opting out, please see our Privacy Policy. In the event of termination, your unclaimed points and other rewards will be immediately cancelled.

Content That We Link To

We may provide links to sites and/or content that some people find objectionable, inappropriate, or offensive. Inclusion of such links does not constitute our endorsement. We do not monitor such sits or content and cannot guarantee that a link will not display unintended or objectionable content and assume no responsibility for the Content of any site included in our links or otherwise linked to by us. We do not guarantee the accuracy, integrity or quality of such content. However, we reserve the right (but not the obligation) to take any action (such as screening, deleting, or reformatting content or terminating or suspending access to all or any portion of the Service) with respect to the Service that we deem necessary or appropriate in our sole discretion.

Communication with Us

You may communicate with us by email or otherwise, or may use our forms or mechanisms for you to provide survey responses, feedback, suggestions, ideas and other information ("Responses"). Subject to our Privacy Policy, we may use any Responses in any way, and you hereby grant us a perpetual, worldwide, irrevocable, non-exclusive, transferable, and sub-licenseable license without acknowledgement or compensation to use, reproduce, create derivative works of, publicly perform, publicly display, transfer, transmit, translate, distribute and publish, all or any portion of the Responses, in any manner and for any purpose in any media or technology now or hereafter known.

Intellectual Property Policy

You agree that all programs, services, processes, designs, software, technologies, trademarks, trade names, inventions, patents, other intellectual property and materials comprising the Service are wholly owned by us and/or our clients, suppliers, and associates except where expressly stated otherwise. The content referenced, made accessible or made available to you by means of the Service generally is protected by the copyright and trademark laws of the United States and other countries.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," AND NEITHER WE NOR ANY OF OUR CLIENTS, SUPPLIERS OR ASSOCIATES ASSUMES RESPONSIBILITY FOR TIMELINESS, MISDELIVERY, DELETION, OR FAILURE TO PROVIDE THE SERVICE, OR SEND OR RECEIVE ANY EMAIL OR ANY SURVEY OR RESPONSE ("SERVICE ITEMS"). WE DO NOT WARRANT THAT ACCESS TO OR USE OF ANY SERVICE ITEM WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE. WE AND OUR CLIENTS, SUPPLIERS AND ASSOCIATES DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND SECURITY. YOU USE THE SERVICE AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF SERVICE ITEMS OR OTHER MATERIAL OBTAINED EITHER DIRECTLY OR INDIRECTLY FROM US. YOU AGREE THAT NEITHER WE NOR ANY OF OUR CLIENTS, SUPPLIERS OR ASSOCIATES WILL BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR LOST REVENUES, PROFITS OR SAVINGS) ARISING OUT OF YOUR USE OF OR INABILITY TO USE ANY SERVICE ITEM, AND YOU HEREBY RELEASE AND WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACT, TORT OR OTHER GROUNDS, EVEN IF WE OR ANY SUCH CLIENT, SUPPLIER OR ASSOCIATE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE § 1542, WHICH STATES, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." RESIDENTS OF OTHER STATES AND NATIONS SIMILARLY WAIVE THEIR RIGHTS UNDER COMPARABLE LOCAL LAW. THE ENTIRE LIABILITY OF US AND OUR SUPPLIERS AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE SERVICE OR ANY BREACH OF THIS AGREEMENT ARE LIMITED TO THE AMOUNT PAID, IF ANY, BY US. YOU HEREBY RELEASE US AND EACH OF OUR SUPPLIERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO ANY SERVICE ITM OR THESE TERMS OF USE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. SOME JURISDICTIONS DO NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUDED OR MODIFIED OR LIABILITY TO BE LIMITED, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU. Without limiting the foregoing, under no circumstances shall we or our suppliers be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, or causes beyond its reasonable control, including, without limitation, Internet, telecommunication and utility failures; email delivery failures; equipment failures; strikes; labor disputes; riots; insurrections; civil disturbances; shortages of labor or materials; fires; floods; storms; explosions; acts of God; war; governmental actions, or non-performance of third parties.

Indemnification

You agree to indemnify and hold harmless us and each of our officers, directors, employees, agents, and suppliers from and against any and all losses, liabilities, expenses (including attorneys' fees and costs) and damages arising out of claims based on your use of the Service or any Service Item, such as any violation of these Terms of Use by you or any other person using your account, any claim of libel, defamation, violation of rights of privacy or publicity, any loss of service by other customers, any infringement of intellectual property or other rights of any third parties, and any violation of any laws or regulations.

Miscellaneous Provisions

These Terms of Use will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. The UN Convention on Contracts for the International Sale of Goods is disclaimed. Any controversy or claim relating to these Terms of Use or your membership will be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in San Jose, California, and judgment on the arbitration award may be entered into any court of competent jurisdiction. The English language version of these Terms of Use will control. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Use to be unenforceable, the remainder of the Terms of Use will continue in full force and effect. You may not assign or delegate these Terms of Use or any rights hereunder, and any attempt to the contrary is void. Subject to the preceding sentence, these Terms of Use benefit and bind the respective successors and assigns of the parties. These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by us. There are no third party beneficiaries of these Terms of Use. You are an independent contractor and nothing in these Terms of Use shall be construed to create any partnership, joint venture, agency relationship or other joint enterprise between us. Notices given by us to you will be given by general posting on the Service website, or by email, overnight courier, first class or express mail to your address of record with us. Notices given by you to us must be given by first class or express mail, certified or registered, postage prepaid and sent to Varsityplaza LLC, 44095 Pipeline Plaza, Suite 330, Ashburn, VA 20147 USA. The following provisions will survive any termination of these Terms of Use: "Your Use of the Service", "Termination", "Communications with Us", "Intellectual Property Policy", "Disclaimer of Warranties and Limitation of Liability", "Indemnification", "Miscellaneous" and "Changes in Terms of Use".

Changes In Terms of Use

We may modify or terminate the Service from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Use from time to time without notice. Please review these Terms of Use from time to time so that you will be informed of any changes. Each time you access the Service website you affirm your agreement to the most current version of these Terms of Use.


Effective date of this version: June 29, 2016