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LAST UPDATED: June 18, 2013

AFFILITY MEDIA INC. TERMS OF SERVICE

1. Agreement to be Bound

These Terms of Service (these "Terms of Service" or these "Terms"), as amended from time to time, govern your use of www.surveypolice.com ("Website" or "SurveyPolice") or any other online product or service to which you have access or use as well as any Account (defined below) you use to access the Website 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. The words "company survey panel" refers to the company whose survey panel is ranked and information is listed on the Service.

BEFORE WE GO ANY FURTHER, YOU MUST UNDERSTAND TWO THINGS: (1) access and use of the Service is restricted to those persons who are eighteen (18) years of age or older; and (2) SurveyPolice is simply the name of our Website and is not a law enforcement agency nor, is it affiliated with the law in any way.

BY USING, REGISTERING TO OR OTHERWISE ACCESSING THE SERVICE, YOU REPRESENT THAT YOU ARE EIGHTEEN (18) YEARS OF AGE OR OLDER, AND 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, REGISTER TO OR OTHERWISE ACCESS THE SERVICES.

If at any point you do not agree to any portion of the then-current version of our Terms of Service, the Affility Media Privacy Policy, or any other Affility Media policy relating to your use of the Service, you must immediately stop using the Service in which event your license to use the Service will immediately terminate.

2. Privacy Policy

Use of the Service is also governed by Affility Media’s Privacy Policy ("Privacy Policy"). Please review our Privacy Policy as it contains important information about how we collect and use your content and personal data and how you can use the Service to share such information with others.

3. Updates to the Terms of Service and Privacy Policy

We may make changes to the Terms of Service and the Privacy Policy. If we make changes to either of the policies, we will post the amended Terms of Service or Privacy Policy on, or within, the Service or on our Website along with the date that it was last modified. We may also inform you of the changes by other means, including an e-mail message or messaging within the Service. You will be deemed to have accepted such changes by continuing to use the Service.

4. Grant of a Limited License to Use the Service

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:

  1. design or assist in the design of automation software, bots, hacks, mods or any other software designed to modify or interfere with the Service;
  2. transmit any computer viruses, worms, defects, Trojan horses or any unauthorized communications including junk mail, chain letters, spam and any other materials that promote malware, spyware and downloadable items on, or in connection with the Service;
  3. gain unauthorized access to the Service, other users Account or to the computers, servers, or networks connected to the Service;
  4. reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service;
  5. copy, modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publically display, sell, trade or in any way exploit the Content (defined below) or Affility Media’s copyrights or trademarks;
  6. use any automated device, process or means including a robot, spider, site search/retrieval application, or other automated device, or any manual process or means to access, retrieve, scrape, or index the Content, Service or any of the User Generated Content (defined below);

5. Account Information

When creating or updating an account on the Service (the "Account"), you are required to provide Affility Media with certain personal information, which may include your name, e-mail address, age, address and gender. This information will be held and used in accordance with the Privacy Policy. You are required to update that information promptly after it changes. As a condition of your use of the Service, you agree not to have more than one Account per platform at any given time, create an Account using a false identity or information or on behalf of someone other than yourself and use your Account to advertise, solicit, or transmit any commercial advertisements.

Your Account is meant for your personal use. You must not sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer it to anyone, nor shall you use someone else’s Account without Affility Media’s written permission.

6. Username and Password

During the Account creation process, you may be required to select a password ("Password"). You are solely responsible for maintaining the confidentiality of the Password and are responsible for anything that happens through your Account, whether or not authorized by you. You must not share your Account or your Password or do anything else that might jeopardize the security of your Account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Password, you must immediately notify Affility Media and modify your Password.

Affility Media reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates such third party’s rights.

7. Content and User-Generated Content

"Content" on the Service includes software, text, widgets, messages, links, emails, music, sound, graphics, pictures, video, code, audio, visual, and all other forms of data or communication appearing on or emanating to and/or from the Service. All Content is and will remain owned by Affility Media and Affility Media reserves all right, title and interest in the Content and all associated copyrights, trademarks, and other intellectual property rights therein that are not expressly granted to you in these Terms of Service.

"User Generated Content" is content that you submit or transmit to, through, or in connection with the Service, such as reviews, ratings, forum posts, chat posts, profiles, messages, and information that is displayed in your Account. We do not claim any ownership rights in User Generated Content and nothing in these Terms of Service will be deemed to restrict any rights that you may have to use such User Generated Content.

8. Company Survey Panel Information

Affility Media reserves the right to edit or remove company survey panel information from the Service at any time and for any reason. Additionally, a company survey panel may request that its information be removed from the Service by contacting Customer Support and we will employ commercially reasonable efforts to carry out such request. Affility Media does not assume any responsibility or liability for company survey panel information or for the removal of, or any failure or delay in removing, such content.

ANY INFORMATION PROVIDED ON THE SERVICE ABOUT A COMPANY SURVEY PANEL IS PROVIDED ON AN "AS-IS" BASIS AND WE MAKE NO GUARANTEES AS TO THE ACCURACY, THOROUGHNESS OR QUALITY OF THE INFORMATION. AFFILITY MEDIA IS NOT RESPONSIBLE OR LIABLE FOR ANY ERRORS, OMISSIONS OR INACCURACIES ON THE SERVICE.

9. Website Ranking

The Website uses a ranking algorithm (the "Algorithm") to generate a ‘ranking’ of company survey panels based on reviews submitted by our Users (the "Ranking"). The Algorithm is strictly the opinion of Affility Media and Affility Media reserves the right to modify, alter or eliminate the Algorithm at any time. The Ranking does not represent the advice, views, opinions or beliefs of Affility Media and should be used as a guideline only.

10. User Generated Content is Public Information

User Generated Content that you contribute to the Service is public information. Affility Media cannot guarantee that other users of the Service will not use such publically shared information. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it as User Generated Content on the Service. You hereby acknowledge and agree that Affility Media is not liable for any uses of your User Generated Content by any third party that had access to your User Generated Content during the period in which it was available on or through the Service.

11. License for User Generated Content

By contributing or otherwise making User Generated Content available on the Service, you hereby grant to us a worldwide, perpetual, irrevocable, non-exclusive, transferable, assignable, royalty-free license, with the right to sublicense, copy, adapt, modify, distribute, publically display, transmit, stream, broadcast, make available and otherwise use (collectively, "Use") such User Generated Content only on or in connection with the Service.

12. Responsibility for User Generated Content

Affility Media does not endorse and may, but has no obligation to approve, or prescreen User Generated Content that is contributed to the Service. You alone are responsible for, and bear the risk of, the User Generated Content you contribute including anyone’s reliance on its quality, accuracy, reliability, or any disclosure by you of personally identifiable information.

As a condition of your use of the Service, you agree that you will not:

  1. write fake or defamatory reviews, trade reviews with businesses or compensate someone or be compensated to write or remove a review on the Service;
  2. write a review or provide feedback to a company survey panel unless you are a member of such company survey panel;
  3. purposefully attempt to manipulate the Algorithm or the Ranking; and
  4. post any information that contains, or links to content that contains, sexually explicit, violent, abusive, threatening, obscene, defamatory, libelous, or racially, religiously, or otherwise objectionable or offensive content;

13. Intellectual Property Rights

We respect the intellectual property rights of others. You must not contribute any User Generated Content to the Service that infringes the copyright, trademark or other intellectual property rights of a third party. You represent that you own, or have the necessary permissions to use and authorize the use of the User Generated Content you contribute to the Service.

14. Removal of User Generated Content

Affility Media may remove, block, edit, move or disable User Generated Content for any reason, including when Affility Media determines that User Generated Content violates these Terms of Service. If we determine, in our sole discretion, that any of the User Generated Content you have contributed to the Service should be removed, modified or otherwise altered, we may contact you first to carry out such removal, modification or alteration. Affility Media does not assume any responsibility or liability for User Generated Content or for the removal of, or any failure or delay in removing, such content.

15. Links to Third-Party Sites

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.

16. Member Disputes

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.

17. Termination of Affility Media Services

We may close your Account, suspend your ability to use certain portions of the Service and/or ban you altogether from the Service for any or no reason, and without notice or liability of any kind.

If you believe that any action has been taken against your Account in error, please contact Customer Support.

18. Cancellation of your Account

You have the right to cancel your Account at any time. You understand and agree that the cancellation of your Account is your sole right and remedy with respect to any dispute with Affility Media, including any dispute related to, or arising out of, any term of these Terms of Service, the Content or any change in Content provided through the Service and your ability to access and/or use the Service.

Contact Customer Support to cancel your Account.

19. DISCLAIMER OF WARRANTIES

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.

20. LIMITATIONS; WAIVERS OF LIABILITY

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.

21. Indemnification

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.

22. Dispute Resolution

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.

23. General Provisions

23.1. Assignment

Affility Media may assign or delegate these Terms of Service and/or the Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service and/or Privacy Policy without Affility Media’s prior written consent. Any unauthorized assignment and delegation by you is void and ineffective.

23.2. Supplemental Policies

In some cases, a certain Service may require you to read and agree to specific terms and conditions. Your right to use that Service is subject to those specific terms and these Terms of Service. To the extent these Terms of Service or the Privacy Policy conflict with any other Affility Media terms, policy, rules or codes of conduct, the terms contained in these Terms of Service and in the Privacy Policy will govern.

23.3. Entire Agreement

These Terms of Service, any supplemental policies and any documents expressly incorporated by reference herein (including the Privacy Policy), contain the entire understanding of you and Affility Media, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Service.

23.4. Law and Forum for Legal Disputes

These Terms of Service and/or the Privacy Policy and any dispute arising out of or related to them or the Service shall be governed in all respects by the laws of the Province of British Columbia as they apply to agreements entered into and to be performed entirely within British Columbia between British Columbia residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Affility Media must be resolved exclusively by a court located in Vancouver, British Columbia. You agree to submit to the personal jurisdiction of the courts located within Vancouver, British Columbia for the purpose of litigating all such claims or disputes.

23.5. Language of the Terms of Service

If we provide you with a translation of the English language version of these Terms of Service, the Privacy Policy or any other policy, then you agree that the translation is provided for informational purposes only and does not modify the English language version of the Affility Media Policies. In the event of a conflict between a translation of any Affility Media policy and the English version, the English version will control.

23.6. Severability

You and Affility Media agree that if any portion of the Terms of Service and/or the Privacy Policy is found illegal or unenforceable in whole or in part by a court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect.

23.7. No Waiver

The failure of Affility Media to require or enforce strict performance by you of any provision of these Terms of Service and/or the Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Affility Media 's right to assert or rely upon such provision or right in that or any other instance. The express waiver by Affility Media of any provision, condition, or requirement of these Terms of Service or the Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

23.8. Equitable Remedies

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.

23.9. Force Majeure

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.