LAST UPDATED: September 6, 2014
These Terms of Service (these "Terms of Service" or these "Terms"), as amended from time to time, govern your use of www.onlineteensurveys.com ("Website" or "OnlineTeenSurveys") or any other online product or service to which you have access or use or other online products or services (together, the "Service") offered by Affility Media Inc. or any of its subsidiaries and affiliates (collectively, "we", "us", "our" or "Affility Media").
The words "you" and "your" or "User" refer to you, the end user of the Service who is being presented with this document for your agreement.
BY USING, REGISTERING TO OR OTHERWISE ACCESSING THE SERVICE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT USE, OR OTHERWISE ACCESS THE SERVICES.
Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Affility Media’s policies, Affility Media grants you a non-exclusive, non-transferable, revocable limited license to access and use the Service solely for your own non-commercial entertainment purposes. You agree not to, and will not assist others to:
The Service may include hyperlinks to web sites operated by third parties including advertisers and other content providers. Those sites may collect data or solicit personal information from you. Affility Media does not control such web sites, and is not responsible for the accuracy of the hyperlinks to those sites, the third party web site content, privacy policies, or for their collection, use or disclosure of any information they may collect from you.
You are solely responsible for your interactions with others on, or in connection with, the Service. Affility Media may, but has no obligation to, become involved in any dispute that you have with any other party.
If you have a dispute with a third party you release Affility Media (and our officers, directors, agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use or data. If you are a resident of a jurisdiction that requires a specific statement regarding release then the following applies. For example, California residents must, as a condition of these Terms, waive the applicability of California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor." You hereby waive this section of the California Civil Code or any similar provision in law, regulation or code that has the same intent or effect as the aforementioned release.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED).
WITHOUT LIMITING THE FOREGOING, NEITHER AFFILITY MEDIA NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, THE "AFFILITY MEDIA PARTIES") WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR HARMED REPUTATION, CAUSED BY OR RELATED TO THE USE OF, OR INABILITY TO USE, THE SERVICE OR RESULTING FROM THE RANKING OR ALGORITHM UNDER ANY CAUSE OF ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE). THE AFFILITY MEDIA PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE. AFFILITY MEDIA’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND USE OF THE SERVICES WILL IN NO CASE EXCEED $50.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE AFFILITY MEDIA PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE AFFILITY MEDIA PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING USERS OF THE SERVICE, COMPANY SURVEY PANELS AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. IN PARTICULAR, NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF AFFILITY MEDIA.
You agree to indemnify, save, and hold the Affility Media Parties harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising from any claim or demand made by any third party arising out of or relating to: (1) your access, use or misuse of the Service, including any unauthorized or illegal conduct; (2) your violation of these Terms of Service; (3) any surveys you participate in or any products or services obtained or purchased by you in connection with the Service; (4) any breach of the representations, warranties, and covenants made by you herein; and (5) the infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity. Affility Media reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Affility Media, and you agree to cooperate with Affility Media’s defense of these claims. Affility Media will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. You agree that the provisions in this paragraph will survive any termination of your Account or of the Service.
If a dispute arises between you and Affility Media, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, Affility Media and you will resolve any claim or controversy at law or equity that arises out of these Terms or the Service (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to legal action, we strongly encourage you to first contact us directly at Customer Support to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
You acknowledge and agree that the rights granted and obligations made under these Terms of Service to Affility Media are of a unique and irreplaceable nature, the loss of which shall irreparably harm Affility Media and which cannot be replaced by monetary damages alone. Accordingly, Affility Media shall be entitled to injunctive or other equitable relief in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of any part of the Service or any other Affility Media product or service.
Affility Media shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Affility Media, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Affility Media’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.