Last Updated: June 11th, 2019 View Previous Version
Your Membership and your redemption of any Member Rewards are also governed by the Rewards Rules, which are likewise incorporated into these Terms by this reference.
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND UMONGOUS REGARDING YOUR USE OF THE WEBSITE AND YOUR MEMBERSHIP.
BY REGISTERING AS A MEMBER OR USING THE WEBSITE IN ANY WAY, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU CANNOT COMPLY OR DO NOT AGREE WITH THESE TERMS DO NOT ATTEMPT TO USE THE WEBSITE. THESE TERMS, AND ANY RIGHTS AND LICENSES GRANTED HEREUNDER, MAY NOT BE TRANSFERRED OR ASSIGNED BY YOU, BUT MAY BE ASSIGNED BY UMONGOUS WITHOUT RESTRICTION OR NOTICE TO YOU.
1. Registration for Panel Membership
Panel Membership in Europe is open to individuals who are sixteen (16) years of age or older. Panel Membership in the United States or elsewhere in the world is open to individuals who are thirteen (13) years of age or older. These Terms shall remain in full force and effect while you are a User of the Website. There are portions of the Website that we make available to Users in the general public without registering and you may browse those portions without the obligations that come with Membership; provided, however, that we reserve the right to make changes, limit or restrict those portions at any time and from time to time in our discretion, without notice to you.
You may, at your option, upload an avatar to be associated with your Membership. The avatar may be may be your true likeness or any other image. By uploading the avatar, you represent, warrant, and covenant that you possess the necessary intellectual property ownership rights to display the avatar in this manner. If you choose to upload an avatar, Umongous may display your avatar on the Website and label the avatar with your user name. For example, your avatar and user name will be viewable within the account of another Member because that Member either invited you or you otherwise joined the Website with their referral code. You hereby grant to Umongous a non-exclusive, fully-paid and royalty-free, worldwide license to display your avatar and user name on the Website.
You are solely responsible for the activity that occurs with your login credentials and for maintaining the confidentiality of your password. Your login credentials are personal to you, and you may not allow any others to use your Membership under any circumstances. You may never use another Member’s account without Umongous permission. We are not liable for any harm caused or related to the theft, misappropriation or disclosure of all or any portion of your login credentials, or your authorization of anyone else to use your login credentials. You agree to immediately notify Umongous if you become aware of or believe there is or may have been any unauthorized use of your login credentials or if there are any other security concerns. Although Umongous will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Umongous or others due to such unauthorized use.
Umongous may modify these Terms from time to time at our sole discretion, and such modification shall be effective upon posting a notice of changes on the Website or sending you an e-mail about these changes. Once we post them on the Website or notify you, these changes become effective immediately, and if you use the Website after they become effective it will signify your agreement to be bound by the changes. You should review these Terms regularly so you are aware of the most current rights and obligations that apply to you. We reserve the right to change, modify, withdraw, suspend or even permanently discontinue all or any portions of the Website at any time, without any liability or obligation to you.
3. Ownership and Proprietary Rights
The Website, including, without limitation, all content, media and materials, all software, code, design, text, scripts, messages, images, photographs, illustrations, audio and video material, media files, artwork, graphic material, articles, databases, proprietary information, writings, spoken statements, music, video recordings, audio-visual works and recordings, slides, works of authorship, animated and/or motion pictures, interactive features, caricatures, likenesses, profiles, vocal or other sounds, sound recordings, voices, voice reproductions, computer graphics and visual effects, as well as any accompanying documentation, or other materials, tangible or intangible, and all copyrightable or otherwise legally protectable elements of the Website, including, without limitation, the selection, sequence and 'look and feel' and arrangement of items, and all derivative works, translations, adaptations or variations of same, regardless of the medium, broadcast medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, on location, in a studio or elsewhere, in black-and-white or in colors, alone or in conjunction with other work, characters, real or imaginary, in any part of the world (all of the foregoing, individually and/or collectively, is referred to herein as “Content”), is the property of Umongous, our licensors, or our Clients, and is protected by copyright, trademark and/or other proprietary rights and laws. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify, or create derivative works from any Content.
Any trademarks, service marks and logos contained in the Content (“Marks”) are owned by or licensed by Umongous and/or its affiliates, licensors, suppliers, service providers, promotional partners and/or sponsors, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Our Content is legally protected, without limitation, under federal, state and applicable foreign laws, regulations and treaties. As used in these Terms, unless the context clearly requires otherwise or we explicitly say so in writing, the term “Website” includes “Content” as well.
The Website may also contain Content of Users and other Umongous licensors. You must not alter, delete or conceal any copyright or other notices contained on the Website including notices on any Content you download, transmit, display, print or reproduce from the Website. Umongous reserves all rights not expressly granted in and to the Website and the Content. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein.
By displaying or publishing any Content, or any other materials on or through Website, you hereby grant to Umongous a non-exclusive, fully-paid and royalty-free, worldwide license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, adapt, translate, store, reproduce, transmit, and distribute such Content as Umongous sees fit. You represent and warrant that:
- (i) you own the Content submitted by you on or through the Website or otherwise have the right to grant the license set forth in this section, and
- (ii) the posting of your Content on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content submitted by you to or through the Website.
We have the right to delete any Content for any reason or no reason, including but not limited to service cancellation or violation of these Terms.
As an express condition of your use of the Website, you warrant to Umongous that you will not use the Website for any unlawful purpose or for any purpose prohibited by these Terms. If you violate any part of these Terms, your permission to use the Website automatically terminates and you must immediately destroy any copies you have made of any of the Content. Umongous makes no representation that any Content on the Website is legal or appropriate for use outside of the United States or that it is authorized for export from the United States or for import into any other country. You are solely responsible for complying with all import and export laws and regulations and all applicable laws of any jurisdiction inside and outside of the United States from which you may access Website.
On notice, we will act expeditiously to remove content on the Website that infringes the copyright rights of others and will disable the access to the Website and its services of anyone who uses them repeatedly to infringe the intellectual property rights of others.
4. General Rules of Conduct
Your use of Website and Membership on the Panel is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your Membership. Umongous reserves the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these Terms. You shall not use, allow, or enable others to use the Website, or knowingly condone use of the Website by others, in any manner that is, attempts to, or is likely to further or promote any criminal activity or enterprise or provides instructional information about illegal activities.
Umongous reserves the right to restrict the number of emails which a Member may send inviting others to sign-up in any 24-hour period. If you breach these Terms by sending unsolicited communications of any kind through Website, you acknowledge that you will have caused substantial harm to Umongous, but that the amount of such harm would be extremely difficult to ascertain. You also agree not to interfere with, disrupt, or create an undue burden on the Website.
You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein. Any unauthorized or prohibited use of any Content, including use in contravention of these Terms, may subject you to civil liability, criminal prosecution, or both.
You acknowledge and agree that the frequency and number of your survey opportunities depends in part on the quality of your participation as a Member. We do not promise to send you any minimum number of survey opportunities.
Without limiting the foregoing, you agree you will not use the Website for any of the following purposes:
- Posting, communicating, or transmitting any material that infringes on any intellectual property, publicity, or privacy right of another person or entity;
- Posting any information which is untrue, inaccurate, or not your own;
- Engaging in conduct that may constitute a criminal offense, give rise to civil liability, or otherwise violate any law or regulation;
- Attempting to interfere in any way with the Website’s or Umongous’s network security, or attempting to use the Website to gain unauthorized access to any other computer system;
- Using spiders, robots or other automated data mining techniques to catalogue, download, store, or otherwise reproduce or distribute data or Content available in connection with the Website;
- Manipulating the results of any survey or sweepstakes;
- Collecting or harvesting any personal information, including but not limited to user names, from the Website, or using the communication systems provided by the Website for any commercial solicitation purposes;
- Opening, using, or maintaining more than one Membership;
- Forging or masking your true identity, using proxy servers, or engaging in any other activity that, in our sole and absolute discretion, suggests an effort to abuse the Website or your Membership;
- Posting or transmitting any threatening, libelous, defamatory, obscene, pornographic, lewd, scandalous or inflammatory material or Content or any material or Content that could otherwise violate applicable laws; or
- Engaging in any fraudulent activity, including but not limited to 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, or redeeming or attempting to redeem Rewards, prizes or incentives through false or fraudulent means.
5. Restricted Content
In connection with your use of Website and participation in Research, you may have the opportunity to access or be exposed to confidential information of Clients of Umongous. Such information may include, but is not limited to, any questions asked of you and any suggested answers to questions, answers you submit, product ideas, marketing ideas, materials, and various other proprietary information (“Restricted Content”). You agree to protect the confidentiality and secrecy of the Restricted Content, and you agree not to modify, copy, reproduce, re-publish, display, transmit, share with any other persons, otherwise distribute, create derivative works of, or otherwise use, alter or transfer Restricted Content without the prior express written consent of Umongous. You acknowledge and agree that Restricted Content may be subject to, and protected by, intellectual property laws and regulations.
6. Promotions and Member Earnings
Umongous or its affiliates may offer opportunities for Members to earn money and rewards (“Rewards”) by answering surveys or any other forms of Research, and by participating in promotions on the Website, including, without limitation, contests and sweepstakes (“Promotions”). Each Promotion may have additional rules and, for purposes of each Promotion, such rules will be deemed incorporated into and form a part of these Terms; provided, however, if there is any conflict between the rules for any particular Promotion and these Terms, the specific rules shall govern for that Promotion. For more information about Rewards, see the Rewards Rules.
7. Hyperlinks to Third-Party Websites
The appearance, availability, or your use of third party URLs or hyperlinks referenced or included anywhere on the Website or any other form of link or re-direction of your connection to, with or through the Website, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of, Umongous, its affiliates or any of its or their respective officers, directors, employees, agents, representatives, licensors, suppliers, and service providers, successors and permitted assigns. We do not verify, endorse, or have any responsibility for, any such third-party sites, their business practices, or any goods or services associated with or obtained in connection with any such sites, regardless of whether our Umongous logo or sponsorship identification is on the third-party site as part of a co-branding or promotional arrangement. If any third-party site obtains or collects personal information from you, in no event shall Umongous assume or have any responsibility or liability in connection with such collection of personal information. Moreover, Umongous will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Umongous from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Website and to read the terms and conditions and privacy policies of other websites that you visit.
8. Termination of Membership
You may cancel your Membership at any time by directing your request to support [at] PaidViewpoint [dot] com. Umongous reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to all or any part of Website and/or your Membership account at any time, for any or no reason, with or without prior notice, and without liability. If Umongous terminates your Membership, the Rewards in your account will be cancelled. Even after your Membership is terminated, these Terms will remain in effect.
Without limiting the foregoing, you also acknowledge and agree that if you fail to log in to your account for six (6) months or longer, we reserve the right, in our sole discretion, to cancel your account. In such event, any Rewards would no longer be available for you to redeem regardless of balance available.
9. Notice and Procedure for Making Claims of Copyright Infringement
If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) to Umongous, Inc., Attention Legal Department, 3000 Atrium Way, Suite 260, Mount Laurel New Jersey, 08054; Telephone Number: 415-364-8601; E-mail Address: support [at] PaidViewpoint [dot] com with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- (iv) information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
10. Merger, Transactions, Bankruptcy
In the event that Umongous or its affiliates undergoes a corporate restructuring, or enters into a merger, acquisition, sale or other transaction pursuant to which Umongous or any portion of its assets or stock is acquired by or assigned to a third party, or if we are involved in a bankruptcy, dissolution, reorganization, liquidation, similar transaction or proceedings, your personal information, including the questions and answers associated with your Research participation may be among the items sold or otherwise transferred and may be shared with third parties, including buyers, service providers or law enforcement officials. You agree to the sale or transfer of this data and waive all right to compensation of any kind.
11. Disclaimer and Limitation of Liability
THE WEBSITE’S FEATURES, FUNCTIONS, CONTENT, PRODUCTS, SERVICES AND CAPABILITIES ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN ADDITION, UMONGOUS MAKES NO GUARANTY OR ASSURANCE THE WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR THAT ALL SERVICES, FEATURES, FUNCTIONS, CONTENT OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED OR AT ANY PARTICULAR TIME OR TIMES. WITHOUT LIMITING THE FOREGOING, UMONGOUS IS NOT RESPONSIBLE OR LIABLE FOR (1) MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OMISSIONS, MISTAKES OR OMISSIONS ARISING OUT OF YOUR USE OF THE WEBSITE; (2) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND STORED THEREIN; (3) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE; (4) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; OR (5) THE DEFAMATORY, OFFENSIVE, INFRINGING, BREACHING, FRAUDULENT, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK OF USING THE WEBSITE.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER UMONGOUS, ITS AFFILIATES, NOR ITS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, NOR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES IN CONNECTION WITH OR ARISING FROM THESE TERMS, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL THE TOTAL LIABILITY OF UMONGOUS, ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION UNDER THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, ACTIONS BASED ON NEGLIGENCE) OR OTHERWISE, EXCEED THE LESSER OF: (1) THE TOTAL DOLLAR VALUE OF ALL REWARDS YOU HAVE ACCCUMULATED IN THE TWENTY-FOUR (24) MONTHS PRECEDING THE DISPUTE OR (2) THREE TIMES THE MINIMUM AMOUNT OF REWARDS REQUIRED FOR REDEMPTION, OR FORTY-FIVE DOLLARS ($ 45).
You further understand and acknowledge the capacity of the Website, in the aggregate and for each User, is limited, and some messages and transmissions may not be processed in a timely fashion or at all. Some services, features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that Umongous assumes no liability, responsibility or obligation to transmit, process, store, receive or deliver transactions or for any failure or delay associated with any transactions and you are hereby expressly advised not to rely upon the timeliness or performance of the Website for any transactions. Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies, accordingly some of the exclusions and limitations described in these Terms may not apply to you.
You agree to indemnify, defend and hold Umongous, its affiliates, subsidiaries and its and their respective officers, directors, partners, employees, agents, licensors, representatives, advertisers, service providers and suppliers harmless from and against: (i) any and all claims, actions, losses, expenses, damages, demand, obligation, liabilities, debt and costs (including reasonable attorneys’ fees), resulting from any breach or violation of these Terms by you, or resulting from your use of Website and/or any Content you provide, submit or make available on or through Website or your unauthorized use of any Content; (ii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iii) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Website.
Umongous reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with Umongous in the defense of any such claim, action, settlement or compromise negotiations, as requested by Umongous.
13. Class Action Waiver
Any arbitration or court trial, whether before a judge or jury or pursuant to judicial reference, related to any claim under these Terms, will take place on an individual basis, without resort to any form of class or representative action (“Class Action Waiver”). THIS CLASS ACTION WAIVER PRECLUDES ANY PARTY FROM PARTICIPATING IN OR BEING REPRESENTED IN ANY CLASS OR REPRESENTATIVE ACTION REGARDING A CLAIM UNDER THESE TERMS. Regardless of anything else herein, the validity and effect of the Class Action Waiver may be determined only by a court and not by an arbitrator.
14. Umongous Employees
Umongous employees and their Immediate Family Member(s) (as defined herein) are not eligible to receive any Rewards or other payments, prizes or incentives for participating in Research, joining as a Member, or using the Website. For the purpose of this section, the term “Immediate Family Member(s)” includes parents, spouses, children or significant others (i.e. girlfriends/boyfriends, domestic partners and spousal equivalents). Umongous’s employees may use, access or participate in Research or join as a Member only after receiving written permission from their respective manager, and only for the sole purpose of improving Umongous’s products and/or services. Umongous’s employees must always be honest and report accurate information in connection with using, accessing or participating in Research or Membership. If altered, false, or untrue information or data must be used, prior consent and approval must be received from Umongous’s Chief Operating Officer.
Unless approved in writing by Umongous’s Chief Operating Officer, the violation of the terms of this section by an Umongous employee and/or his or her Immediate Family Member(s) is a violation of Umongous’s standards of conduct and any such violation may subject the employee to discipline, including, but not limited to, termination of employment.
15. Miscellaneous Terms
These Terms cannot be modified, changed or terminated, except as specifically described in Section 2. If any provision of these Terms is held to be illegal, invalid or unenforceable, this will not affect any other provisions and these Terms will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive termination of these Terms; provided, however, no action arising out of these Terms or your use of Website, regardless of form or the basis of the claim, may be brought by you more than one year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).
A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
16. Contact Us
Attention: Legal Department
3000 Atrium Way, Suite 260
Mount Laurel, NJ 08054
Telephone Number: 415-364-8601
Facsimile Number: 415-364-8601
support [at] PaidViewpoint [dot] com