(a) The term “CreativeScoop.com Property” means all programs, files, systems, documentation, information, content, graphics, page layouts, site designs, user interfaces utilized or provided by CreativeScoop.com, work product produced by CreativeScoop.com, and derivative works of any of the foregoing, including, without limitation, the website or websites made available to you by CreativeScoop.com, any HTML programming performed as part of providing you with Data and any other special programs, functionalities, interfaces and other work product, ideas, concepts or techniques which CreativeScoop.com may develop, use or rely upon in providing the Data to you.
(b) All CreativeScoop.com Property shall be and will remain the property of CreativeScoop.com.
(c) As between you and CreativeScoop.com, CreativeScoop.com shall be the sole and exclusive owner of all patents, copyrights, trademarks, trade secrets and other intellectual property rights in and to the CreativeScoop.com property and to the Data.
(d) CreativeScoop.com owns and has rights to all of the intellectual property rights in and to the software and services (including all improvements thereof). All suggestions, enhancements, requests, feedback or recommendations provided by You or any other party shall be owned by CreativeScoop.com.
2. Limited License
(a) You are granted a personal, nontransferable and nonexclusive license to use the Data and Website solely for your career and educational prospecting purposes. Upon exiting the Website, you shall discontinue use of the Data and, as requested by CreativeScoop.com, either (a) return the Data to CreativeScoop.com without retaining any copies thereof or any notes or other information thereon or (b) provide a certificate, executed by you, in form and substance satisfactory to CreativeScoop.com, that the Data has been destroyed in such a manner to render the Data permanently unreadable and unrecoverable.
(b) CreativeScoop.com does not represent or warrant that (i) the Website or Data will be error-free or accessible at all times, (ii) defects will be corrected, (iii) the Website or the server that makes it available, are free of viruses or other harmful components, or (iv) the use or the results of the use of the Data or the materials made available as part of the Website will be correct, accurate, timely, or otherwise reliable. You specifically agree that CreativeScoop.com shall not be responsible for unauthorized access to or alteration of your data.
3. Limitations on Use
Unless specifically authorized in advance and in writing by CreativeScoop.com, you will not republish, share, sell, transfer or otherwise make the Data available to any third person or entity and you will use your best efforts to prevent the misuse or unauthorized use of the Data by any third person or entity
4. Your Responsibilities
Your use of the Website and Data will comply with all applicable federal, state, local and foreign laws, statutes, rules and regulations (“Laws”).
5. Eligibility for Consumer Surveys
(a) By using this site, you agree to be bound by all eligibility determinations made by CreativeScoop.com in accordance with each survey’s particular specifications, applicable survey research codes of ethics, applicable laws and these Terms and Conditions. Such eligibility determination shall be made by CreativeScoop.com in its sole discretion, and such decisions are final and binding.
6. Participation in Surveys
(a) To participate in Surveys, you must provide all information required in the form and submit that form to CreativeScoop.com for validation and verification. Only one form per person per survey may be submitted. By providing your email address to CreativeScoop.com, you agree to receive email messages from CreativeScoop.com inviting you to participate in market research surveys and other information pertaining to your use of the Website and Data.
(b) Except as described above, you may not allow any other person to use your email address to access CreativeScoop.com’s websites. No incentive (if offered) will be earned for surveys completed by anyone other than the person or members of their household under whose email address the survey is submitted. Users who permit any other persons to complete surveys under the user’s email address (except as authorized above) may be disqualified from any further participation in CreativeScoop.com services. In consideration of your participating in a survey, you represent that you are not barred from receiving internet access or participating in CreativeScoop.com surveys under the laws of the United States or any other applicable jurisdiction. You also agree to: (i) provide accurate, current and complete information about yourself as required in the registration section; and (ii) comply with all applicable laws regarding the transmission of technical and/or personal data exported from the United States, from the country in which you reside and to and from the country or countries in which you receive or transmit information to or from CreativeScoop.com.
7. The Survey Process
(a) The majority of surveys will be completed through an online form. Surveys are conducted for the benefit of CreativeScoop.com and its clients who have requested market research for a particular product or service or group of products and/or services within a particular demographic segment or segments of the population. After completing a survey, your entry will be sent to clients, who may contact you with information about their programs and services that, based on your survey responses, may be of interest to you. Your communications and other interactions with these third parties, including, without limitation, on their websites, will be subject to their terms and conditions and privacy policies, and so you should familiarize yourself with both before choosing to continue such interactions.
8. User Privacy
9. Disqualification and Termination
(b) Termination for any of the aforementioned reasons includes: (i) removal of all access to participation in surveys and referral of new users; (ii) removal of all email address, incentive account (if any) and other information; and (iii) prohibition of future registration on and use of CreativeScoop.com websites. Termination for any of the aforementioned reasons may also subject such user to civil and criminal penalties and may result in legal action against such user. Users may also terminate their participation upon request. Such termination would include removal of all access to participation in surveys. CreativeScoop.com reserves the right to terminate any user and/or modify, or discontinue temporarily or permanently the Website, services and/or incentive programs (or any part thereof) with or without cause, notice or explanation. CreativeScoop.com shall not be liable to any user, former user or third party for any termination of a user or for any modification or discontinuance of the Website, services or incentive programs (or any part thereof). CreativeScoop.com may invalidate a user’s participation in particular surveys if the respondent user does not meet the client’s requirements as evidenced by their responses to the screening questions, the survey is not completed within an allotted time frame or if any of the answers are deemed invalid during the validation procedures. Users will not receive incentives (if offered) for survey participation or referrals for any surveys which are not completed and validated.
10. Third Party Beneficiaries
(a) You agree that CreativeScoop.com third-party clients and service providers are deemed to be third party beneficiaries of these Terms and Conditions. Except as expressly provided in these Terms and Conditions, there are no other third party beneficiaries.
(a) You may have been referred to this Website or accessed this Website through a link from a third party Website. CreativeScoop.com does not own such third party sites and have no control over the information contained on such Websites. As such, CreativeScoop.com is not responsible or liable for any content, advertising, products or services available from such Websites or for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on the content, advertising, products or services contained on such Websites. Beware of any Website that asks you to pay them a fee in exchange for survey opportunities. Such sites may make claims regarding the number of surveys in which you can participate and the amount of money you can earn completing surveys online. They have made these claims without consulting CreativeScoop.com and we do not uphold these promises. Such sites, to our knowledge, have not been approved by any of the major market research industry organizations, including the Council of American Survey Research Organizations (CASRO), the Marketing Research Association (MRA), and the American Marketing Association (AMA). CreativeScoop.com makes no guarantee as to how many surveys you will be asked to respond to via our Website, how many surveys you will qualify to complete based upon your responses to the screening questions or how many incentives (if any) you can earn responding to surveys. There are no fees associated with completing any online surveys for CreativeScoop.com.
12. Proprietary Rights
(a) Except as expressly authorized by CreativeScoop.com, you agree not to use, reproduce, disclose, duplicate, modify, rent, lease, loan, sell, distribute, exploit for any commercial purpose, or create derivative works based upon the Website, content or services provided therein, in whole or in part. CreativeScoop.com grants you a personal, non-commercial, non-transferable and non-exclusive license to use the object code of its software on a single computer for the limited purposes of registering as a user, completing surveys and referring prospective users, provided you do not (and you do not allow third parties to): (i) distribute, disclose, copy, modify, or create derivative works of the software or content; (ii) reverse engineer, reverse assemble, or otherwise attempt to discover any source code; or (iii) sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software or content for any purpose. You agree to access the Website only through the interface provided by CreativeScoop.com.
13. Disclaimer of Warranties; Limited Warranty
(a) THE DATA IS PROVIDED ON A STRICTLY “AS IS” BASIS. CREATIVESCOOP.COM DOES NOT ASSURE OR WARRANT THE CORRECTNESS, COMPREHENSIVENESS OR COMPLETENESS OF THE DATA AND, CREATIVESCOOP.COM DISCLAIMS ANY AND ALL WARRANTIES OF ANY NATURE, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
(B) THIS SITE AND ALL CONTENT ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CREATIVESCOOP.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR SERVICES INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. CREATIVESCOOP.COM DOES NOT WARRANT THAT THIS SITE, ITS SERVERS OR EMAIL SENT: (I) WILL MEET YOUR REQUIREMENTS; (II) WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE OR ERROR-FREE; OR (III) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CREATIVESCOOP.COM IS NOT RESPONSIBLE FOR LOST, INTERRUPTED OR UNAVAILABLE NETWORK SERVER OR OTHER CONNECTIONS, MISCOMMUNICATIONS, FAILED TELEPHONE OR COMPUTER TRANSMISSIONS, TECHNICAL FAILURE, JUMBLED, SCRAMBLED OR MISDIRECTED TRANSMISSIONS, DELETIONS OR DISCLOSURES OF DATA AND INFORMATION OR OTHER ERROR OF ANY KIND WHETHER HUMAN, MECHANICAL OR ELECTRONIC. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, CREATIVESCOOP.COM DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON INFRINGEMENT. EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CREATIVESCOOP.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND (WHETHER IN CONTRACT, STATUTE, TORT, STRICT LIABILITY OR UNDER ANY OTHER LEGAL THEORY) ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOST PROFITS OR LOSS OF DATA, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSSES RESULTING FROM ANY DATA, INFORMATION OR SERVICES RECEIVED THROUGH THE USE OF THE WEBSITE, UNAUTHORIZED ACCESS TO OR ALTERATION, DELETION OR DISCLOSURE OF YOUR TRANSMISSIONS, INFORMATION OR DATA, THE PERFORMANCE, MISPERFORMANCE OR NONPERFORMANCE OF SERVICES, OR THE ACTS OR OMISSIONS OF THIRD PARTIES.
(C) SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OF IMPLIED WARRANTIES OR THE EXCLUSION OF CERTAIN TYPES OF DAMAGES, IN WHICH CASE, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN THE EVENT THAT A COURT OR ARBITRATION PANEL, AS THE CASE MAY BE, SHOULD HOLD THAT THE LIMITATIONS OF LIABILITIES OR REMEDIES AVAILABLE AS SET FORTH IN THESE TERMS AND CONDITIONS, OR ANY PORTIONS HEREOF, ARE UNENFORCEABLE FOR ANY REASON, OR THAT ANY OF YOUR REMEDIES UNDER THESE TERMS AND CONDITIONS FAIL, THEN YOU EXPRESSLY AGREE THAT UNDER NO CIRCUMSTANCES WILL THE TOTAL, AGGREGATE LIABILITY OF CREATIVESCOOP.COM AND ITS AFFILIATES, SUBSIDIARIES, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, LICENSORS (INCLUDING THIRD PARTY SERVICE PROVIDERS) AND CLIENTS, TO YOU OR ANY PARTY CLAIMING BY OR THROUGH YOU FOR ANY CAUSE WHATSOEVER EXCEED THE INCENTIVES ACTUALLY AND VALIDLY OWED TO YOU BY CREATIVESCOOP.COM, REGARDLESS OF THE FORM OF ACTION AND WHETHER IN CONTRACT, STATUTE, TORT, STRICT LIABILITY OR OTHERWISE.
14. Limitation of Liability
(a) CreativeScoop.com will not be liable for any claim, demand, loss, liability, damage, injuries, cost or expense (including reasonable attorneys’ fees and legal costs), whether general, direct, special, incidental, consequential or other damage caused in whole or in part or directly or indirectly by any use of the Data or any alleged or actual failure by CreativeScoop.com to comply with the terms of the Agreement, whether or not any such damages were foreseeable or whether CreativeScoop.com was advised of the possibility of such damages.
(b) To the full extent permissible by law, CreativeScoop.com disclaims all responsibility for any damages or losses (including, without limitation, financial loss, damages for loss in business projects, loss of profits or other consequential losses) arising in contract, tort or otherwise from the use of or inability to use the Website or Data or any material appearing within the Website or Data, or from any action or decision taken as a result of using the Website or Data or any such material.
(c) The Website may contain links to external sites. CreativeScoop.com is not responsible for and has no control over the content of such sites. Information within the Website or Data, or available via hypertext link from the Website or Data, is made available without responsibility on the part of CreativeScoop.com. CreativeScoop.com disclaims all responsibility and liability (including for negligence) in relation to information on or accessible from the Website or Data.
15. Your Indemnification of CreativeScoop.com
(a) You shall indemnify, defend and hold harmless CreativeScoop.com, its stockholders, directors, officers, employees, independent contractors and agents against any claim, demand, loss, liability, damage, injury cost or expense (including attorneys’ fees and legal costs) (each, a “Claim”) which arises, directly or indirectly, out of your act or omission with respect to the Website or Data or any violation of Laws.
16. Interruption of Service
(a) You acknowledge that, given the technical nature of resources CreativeScoop.com requires to provide the Data to you, temporary interruptions may occur in the provision of Data and that any such interruptions shall not result in CreativeScoop.com having any liability to you or others and shall not suspend or eliminate any payment obligations to CreativeScoop.com or provide you with any refund rights for amounts previously paid to CreativeScoop.com.
17. No Assignment by You
(a) You may not assign your rights or obligations under this Agreement to any other person or entity without the prior written consent of CreativeScoop.com, whether by operation of law or otherwise, and any attempt to do so shall be void.
18. Additional Remedy of Termination
(a) In addition to all other legal rights and remedies available to CreativeScoop.com for any apparent, threatened or actual breach or violation of this Agreement by you, CreativeScoop.com has the right to terminate this Agreement, your Use of the Site and demand immediate return or destruction of the Data at any time if CreativeScoop.com believes you are not complying in full with this Agreement.
19. Governing Law; Jurisdiction
(a) Binding Arbitration. If you and CreativeScoop.com cannot resolve a dispute or other Claim through negotiations, either party may elect to have the dispute or Claim finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other(s).
You acknowledge that without this provision, you would have the right to sue in court with a jury trial or to participate in a class action.
The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.
The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), as modified by this Agreement, available at the AAA website www.adr.org or by calling the AAA at 1-800-778-7879. Except as otherwise provided for in this Agreement, CreativeScoop.com will pay the AAA filing, administration, and arbitrator fees. If, however, the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then you will pay the arbitrator fees, in addition to any amount that exceeds the filing fees. In that case, you also agree to reimburse CreativeScoop.com for all payments disbursed that are your obligation to reimburse under the AAA Rules. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to resolve, except that issues relating to the enforceability of the arbitration provision are for a Court of Competent Jurisdiction to resolve. The arbitration may be conducted in person, through document submission, through telephone, or online. The arbitrator will issue a decision in writing, but need only provide a statement of reasons if requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. CreativeScoop.com may litigate to compel arbitration in court, to stay proceedings pending arbitration, or to modify, confirm, vacate, or enter judgment on the award entered by the arbitrator. The arbitrator shall award costs to the prevailing party (including, without limitation, fees, expenses, and reasonable attorneys’ fees) at any time during the proceeding and upon request from either party, within 14 days of the arbitrator’s ruling on the merits.
(b) Restrictions Against Joinder of Claims. You and CreativeScoop.com agree that any arbitration shall be limited to each Claim individually. You and CreativeScoop.com agree that each may only bring claims against the other in your or CreativeScoop.com’s individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
If this specific provision is found to be unenforceable in a Court of Competent Jurisdiction, the Claim will still be finally and exclusively resolved by binding arbitration upon the election of either party, and any election to arbitrate by one party shall be final and binding on the other(s). In addition: (1) no arbitration shall be joined with any other arbitration, and (2) there is no right for any Claim to be arbitrated on a class-action basis or to employ class action procedures, and (3) there is no right of authority for any dispute to be brought in a purported representative capacity on behalf either of the general public or any other individuals.
(c) Remedies in Aid of Arbitration; Equitable Relief. This agreement to arbitrate will not preclude you or CreativeScoop.comfrom seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration, or confirm an arbitral award, from a Court of Competent Jurisdiction. Furthermore, this agreement to arbitrate will not preclude you or CreativeScoop.com from applying to a Court of Competent Jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary. “Court of Competent Jurisdiction” means any federal or state court: (1) that has jurisdiction over the subject matter; and (2) that is located in San Juan, Puerto Rico.
(d) Venue for any Judicial Proceeding. This Agreement, including without limitation to this Agreement’s interpretation, shall be treated as though this Agreement were executed and performed in the commonwealth of Puerto Rico, and shall be governed by and construed in accordance with the laws of the commonwealth of Puerto Rico without regard to its conflict of law principles. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.
The proper venue for any judicial action arising out of, relating to, or in connection with this Agreement will be the federal courts located in or nearest to San Juan, Puerto Rico. The parties stipulate to, and agree to waive any objection to, the personal jurisdiction and venue of such courts, and further expressly submit to extraterritorial service of process.
20. Payment for Non-Invoiced Products
(a) Payment: You agree to pay CreativeScoop.com a fee in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. Fees charged are nonrefundable. In the case of subscription products, the subscription term shall be effective for the agreed upon period, after which the subscription term shall automatically renew for the specified renewal period (if any) at the then current subscription price.
(b) Recurring Billing: Your acceptance of these terms constitutes your authorization to CreativeScoop.com to automatically charge the credit/debit card provided by you, and in the case of subscription products, to continue charging the credit/debit card at the agreed-upon intervals during the term of the subscription. You agree to provide CreativeScoop.com with complete and accurate billing and contact information and to update that information within thirty (30) days of any change to the billing information. Failure of the recurring payment process does not absolve your payment obligations.