1. DESCRIPTION OF SERVICE
OnlineSurveyCash and it's owners currently provides users with access
to a rich collection of resources, including, various
communications tools, forums, shopping services, personalized
content and branded programming through its network of
properties (the "Service"). You also understand and
agree that the Service may include advertisements and that
these advertisements are necessary for OnlineSurveyCash
to provide the Service. You also understand and agree that
the service may include certain communications from OnlineSurveyCash,
such as service announcements, administrative
messages and news letters, and that these communications are
considered part of OnlineSurveyCash membership and you
will not be able to opt out of receiving them. Unless explicitly
stated otherwise, any new features that augment or enhance the
current Service, including the release of new OnlineSurveyCash
properties, shall be subject to the Terms of Use. You
understand and agree that the Service is provided "AS-IS"
and that OnlineSurveyCash assumes no responsibility for the
timeliness, deletion, mis-delivery or failure to store any user
communications or personalization settings. You are responsible
for obtaining access to the Service and that access may involve
third party fees (such as Internet service provider or airtime
charges). You are responsible for those fees, including those
fees associated with the display or delivery of advertisements.
In addition, you must provide and are responsible for all
equipment necessary to access the Service.
2. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that
you are of legal age to form a binding contract and are not a
person barred from receiving services under the laws of the
United States or other applicable jurisdiction. You also
agree to: (a) provide true, accurate, current and
complete information about yourself as prompted by the
Service's registration form (such information being the
"Registration Data") and (b) maintain and promptly
update the Registration Data to keep it true, accurate,
current and complete. If you provide any information that
is untrue, inaccurate, not current or incomplete, or OnlineSurveyCash
has reasonable grounds to suspect that such information is
untrue, inaccurate, not current or incomplete, OnlineSurveyCash
has the right to suspend or terminate your account and refuse
any and all current or future use of the Service (or any
portion thereof). OnlineSurveyCash is concerned about
the safety and privacy of all its users, particularly children.
For this reason, you must be at least 13 years old to create
an OnlineSurveyCash account.
3. PRIVACY POLICY
Registration Data and certain other information about you is
subject to our Privacy Policy. For more information, see our
full privacy policy at http://www.onlinesurveycash.com/privacy.html.
4. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon
completing the Service's registration process. You are
responsible for maintaining the confidentiality of the
password and account, and are fully responsible for all
activities that occur under your password or account. You
agree to (a) immediately notify OnlineSurveyCash of any
unauthorized use of your password or account or any other
breach of security, and (b) do not share, sell, post, trade or transmit
your access information to any other individual or party.
OnlineSurveyCash cannot and will not be liable for any
loss or damage arising from your failure to comply with any posted
terms of use herein.
5. MEMBER CONDUCT
You understand that all information, data, text, software, music,
sound, photographs, graphics, video, messages, images or other
materials ("Content"), whether publicly posted or
privately transmitted, are the sole responsibility of the
person from which such Content originated. This means that you,
and not OnlineSurveyCash, are entirely responsible for
all Content that you upload, post, email, transmit or otherwise
make available via the Service. OnlineSurveyCash does not
control the Content posted via the Service and, as such, does
not guarantee the accuracy, integrity or quality of such Content.
You understand that by using the Service, you may be exposed
to Content that is offensive, indecent or objectionable. Under
no circumstances will OnlineSurveyCash be liable in any
way for any Content, including, but not limited to, for any
errors or omissions in any Content, or for any loss or
damage of any kind incurred as a result of the use of any
Content posted, emailed, transmitted or otherwise made available
via the Service.
You agree to not use the Service to:
a. upload, post, email, transmit or otherwise make available
any Content that is unlawful, threatening, abusive, harassing,
tortuous, defamatory, vulgar, obscene, libelous, invasive of
another's privacy, hateful, or racially, ethnically or
otherwise objectionable. When submitting a review of a service
company you have hired you must provide only factual information
based on your personal experience;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited
to, an OnlineSurveyCash official, forum leader, guide or
host, or falsely state or otherwise mis-represent your
affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order
to disguise the origin of any Content transmitted through the
Service;
e. upload, post, email, transmit or otherwise make available
any Content that you do not have a right to make available
under any law or under contractual or fiduciary relationships
(such as inside information, proprietary and confidential
information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available
any Content that infringes any patent, trademark, trade secret,
copyright or other proprietary rights ("Rights") of
any party;
g. upload, post, email, transmit or otherwise make available
any unsolicited or unauthorized advertising, promotional
materials, "junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation;
h. upload, post, email, transmit or otherwise make available
any material that contains software viruses or any other
computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software
or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, cause a screen to "scroll"
faster than other users of the Service are able to type, or
otherwise act in a manner that negatively affects other users'
ability to engage in real time exchanges;
j. interfere with or disrupt the Service or servers or networks
connected to the Service, or disobey any requirements,
procedures, policies or regulations of networks connected to the
Service;
k. intentionally or unintentionally violate any applicable
local, state, national or international law;
l. "stalk" or otherwise harass another; or
m. collect or store personal data about other users.
You acknowledge that OnlineSurveyCash may not pre-screen
Content, but that OnlineSurveyCash and its designees
shall have the right (but not the obligation) in their sole
discretion to refuse or move any Content that is available
via the Service. Without limiting the foregoing, OnlineSurveyCash
and its owners shall have the right to remove any Content
that violates the Terms of Use or is otherwise objectionable.
You agree that you must evaluate, and bear all risks associated
with, the use of any Content, including any reliance on the
accuracy, completeness, or usefulness of such Content. In
this regard, you acknowledge that you may not rely on any
Content created by OnlineSurveyCash or submitted to OnlineSurveyCash,
including without limitation information in OnlineSurveyCash Message
Boards, and in all other parts of the Service.
You acknowledge, consent and agree that OnlineSurveyCash
may access, preserve, and disclose your account information and
Content if required to do so by law or in a good faith belief
that such access preservation or disclosure is reasonably
necessary to: (a) comply with legal process; (b)
enforce the Terms of Use; (c) respond to claims that any
Content violates the rights of third-parties; (d) respond to
your requests for customer service; or (e) protect the rights,
property, or personal safety of OnlineSurveyCash, its
users and the public.
You understand that the technical processing and transmission
of the Service, including your Content, may involve
(a) transmissions over various networks; and (b) changes to
conform and adapt to technical requirements of connecting
networks or devices.
You understand that the Service and software embodied within
the Service may include security components that permit
digital materials to be protected, and use of these materials
is subject to usage rules set by OnlineSurveyCash and/or
content providers who provide content to the Service. You
may not attempt to override or circumvent any of the usage
rules embedded into the Service. Any unauthorized reproduction,
publication, further distribution or public exhibition of the
materials provided on the Service, in whole or in part, is
strictly prohibited.
6. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
OnlineSurveyCash does not claim ownership of Content you
submit or make available for inclusion on the Service. However,
with respect to Content you submit or make available for
inclusion on publicly accessible areas of the Service, you grant
OnlineSurveyCash the following world-wide, royalty
free and non-exclusive license(s), as applicable:
With respect to Content you submit or make available for
inclusion on publicly accessible areas of OnlineSurveyCash,
the license to use, distribute, reproduce, modify, adapt,
publicly perform and publicly display such Content on the
Service solely for the purposes of providing and promoting the
specific OnlineSurveyCash Group to which such Content was
submitted or made available. This license exists only for as
long as you elect to continue to include such Content on the
Service and will terminate at the time you remove or
OnlineSurveyCash removes such Content from the Service.
With respect to photos, graphics, audio or video you submit or
make available for inclusion on publicly accessible area of the
Service, the license to use, distribute, reproduce, modify,
adapt, publicly perform and publicly display such Content on
the Service solely for the purpose for which such Content was
submitted or made available. This license exists only
for as long as you elect to continue to include such Content
on the Service and will terminate at the time you remove or
OnlineSurveyCash removes such Content from the Service.
With respect to Content other than photos, graphics, audio or
video you submit or make available for inclusion on publicly
accessible areas of the Service, the perpetual, irrevocable
and fully sub-licensable license to use, distribute, reproduce,
modify, adapt, publish, translate, publicly perform and publicly
display such Content (in whole or in part) and to
incorporate such Content into other works in any format or
medium now known or later developed.
"Publicly accessible" areas of the Service are those
areas of the OnlineSurveyCash network of properties that
are intended by OnlineSurveyCash to be available to the general
public. By way of example, publicly accessible areas of the
Service would include OnlineSurveyCash Message Boards
that are open to both members and visitors.
7. INDEMNITY
You agree to indemnify and hold OnlineSurveyCash, and
its subsidiaries, affiliates, officers, agents, owners,
co-branders or other partners, and employees, harmless from any
claim or demand, including reasonable attorneys' fees, made by
any third party due to or arising out of Content you submit,
post, transmit or make available through the Service, your use
of the Service, your connection to the Service, your violation
of the Terms of Use, or your violation of any rights of another.
8. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade,
resell or exploit for any commercial purposes, any portion of
the Service (including your OnlineSurveyCash I.D.), use
of the Service, or access to the Service.
9. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that OnlineSurveyCash may establish
general practices and limits concerning use of the Service,
including without limitation the maximum number of days that
email messages, message board postings or other uploaded
Content will be retained by the Service, the maximum
number of email messages that may be sent from or received
by an account on the Service, the maximum size of any email
message that may be sent from or received by an account on the
Service, the maximum disk space that will be allotted on
OnlineSurveyCash servers on your behalf, and the maximum
number of times (and the maximum duration for which) you may
access the Service in a given period of time. You agree that
OnlineSurveyCash has no responsibility or liability for
the deletion or failure to store any messages and other
communications or other Content maintained or transmitted by
the Service. You acknowledge that OnlineSurveyCash
reserves the right to log off accounts that are inactive for
an extended period of time. You further acknowledge that
OnlineSurveyCash reserves the right to modify these
general practices and limits from time to time without prior
notice.
10. MODIFICATIONS TO SERVICE
OnlineSurveyCash reserves the right at any time and from
time to time to modify or discontinue, temporarily or permanently,
the Service (or any part thereof) with or without notice.
You agree that OnlineSurveyCash shall not be liable to
you or to any third party for any modification, suspension or
discontinuance of the Service.
11. TERMINATION
You agree that OnlineSurveyCash may, under certain
circumstances and without prior notice, immediately terminate
your OnlineSurveyCash account, any associated email
address, and access to the Service. Cause for such termination
shall include, but not be limited to, (a) breaches or
violations of the Terms of Use or other incorporated agreements
or guidelines, (b) requests by law enforcement or other
government agencies, (c) a request by you (self-initiated
account deletions), (d) discontinuance or material modification
to the Service (or any part thereof), (e) unexpected
technical or security issues or problems, and (f) extended
periods of inactivity. Termination of your OnlineSurveyCash
account includes (a) removal of access to all offerings within
the Service, (b) deletion of your password and all related
information, files and content associated with or inside your
account (or any part thereof), and (c) barring further use of
the Service. Further, you agree that all terminations for cause
shall be made in OnlineSurveyCash's sole discretion and
that OnlineSurveyCash shall not be liable to you or any
third-party for any termination of your account, any associated
email address, or access to the Service.
12. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation
in promotions of, advertisers found on or through the Service,
including payment and delivery of related goods or services,
and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such
advertiser. You agree that OnlineSurveyCash shall not
be responsible or liable for any loss or damage of any sort
incurred as the result of any such dealings or as the result
of the presence of such advertisers on the Service.
13. LINKS
The Service may provide, or third parties may provide, links to
other World Wide Web sites or resources. Because OnlineSurveyCash
has no control over such sites and resources, you acknowledge
and agree that OnlineSurveyCash is not responsible for
the availability of such external sites or resources, and does
not endorse and is not responsible or liable for any Content,
advertising,products, or other materials on or available from
such sites or resources. You further acknowledge and agree that
OnlineSurveyCash shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged
to be caused by or in connection with use of or reliance on any
such Content, goods or services available on or through any
such site or resource.
14. PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary
software used in connection with the Service ("Software")
contain proprietary and confidential information that is
protected by applicable intellectual property and other laws.
You further acknowledge and agree that Content contained in
sponsor advertisements or information presented to you through
the Service or advertisers is protected by copyrights,
trademarks, service marks, patents or other proprietary
rights and laws. Except as expressly authorized by OnlineSurveyCash
or advertisers, you agree not to modify, rent, lease, loan,
sell, distribute or create derivative works based on the
Service or the Software, in whole or in part.
OnlineSurveyCash grants you a personal, non-transferable
and non- exclusive right and license to use the object code of
its Software on a single computer; provided that you do not
(and do not allow any third party to) copy, modify, create a
derivative work of, reverse engineer, reverse assemble or
otherwise attempt to discover any source code, sell, assign,
sublicense, grant a security interest in or otherwise transfer
any right in the Software. You agree not to modify the Software
in any manner or form, or to use modified versions of the
Software, including (without limitation) for the
purpose of obtaining unauthorized access to the Service.
You agree not to access the Service by any means other than
through the interface that is provided by OnlineSurveyCash
for use in accessing the Service.
15. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. ONLINESURVEYCASH EXPRESSLY DISCLAIMS ALL WARRANTIES OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.
b. ONLINESURVEYCASH MAKES NO WARRANTY THAT (i) THE SERVICE WILL
MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR
RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY
YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY
ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND
THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM ONLINESURVEYCASH OR THROUGH OR FROM THE SERVICE
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS
OF USE.
e. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC
SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS
ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN
CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS
EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY.
IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION,
CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY
DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR
PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE
USING THE SERVICE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE
TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY
MOVEMENT, OR CONVULSIONS.
16. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ONLINESURVEYCASH SHALL
NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA
OR OTHER INTANGIBLE LOSSES (EVEN IF ONLINESURVEYCASH HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST
OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM
ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR
FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA; (iv)STATEMENTS OR CONDUCT OF
ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER
MATTER RELATING TO THE SERVICE.
17. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE
ABOVE LIMITATIONS OF SECTIONS 15 AND 16 MAY NOT
APPLY TO YOU.
18. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in
this Terms of Use, there shall be no third party beneficiaries
to this Agreement.
19. NOTICE
OnlineSurveyCash may provide you with notices,
including those regarding changes to the Terms of
Use, by either email, regular mail, or postings on the Service.
20. TRADEMARK INFORMATION
OnlineSurveyCash, the OnlineSurveyCash logo and other
OnlineSurveyCash logos and product and service names
are trademarks or service marks of OnlineSurveyCash
(the "OnlineSurveyCash Marks"). Without OnlineSurveyCash's
prior permission, you agree not to display or use in any manner,
the OnlineSurveyCash Marks.
21. GENERAL INFORMATION
Entire Agreement. The Terms of Use constitute the entire
agreement between you and OnlineSurveyCash and govern
your use of the Service, superseding any prior agreements
between you and OnlineSurveyCash or it's owners. You also
may be subject to additional terms and conditions that may apply
when you use or purchase certain other OnlineSurveyCash
services, affiliate services, third-party content
or third-party software.
Choice of Law and Forum. The Terms of Use and the relationship
between you and OnlineSurveyCash shall be governed by the
laws of the State of Maryland without regard to its conflict of
law provisions. You and OnlineSurveyCash agree to submit
to the personal and exclusive jurisdiction of the courts
located within the county of Carroll, Maryland.
Waiver and Severability of Terms. The failure of OnlineSurveyCash
to exercise or enforce any right or provision of the Terms of
Use shall not constitute a waiver of such right or provision.
If any provision of the Terms of Use is found by a court of
competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to the
parties' intentions as reflected in the provision, and the
other provisions of the Terms of Use remain in full force and
effect.
No Right of Survivorship and Non-Transferability.
You agree that your OnlineSurveyCash account is
non-transferable and any rights to your OnlineSurveyCash
I.D. or contents within your account terminate upon your death.
Upon receipt of a copy of a death certificate, your account
may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any
statute or law to the contrary, any claim or cause of action
arising out of or related to use of the Service or the Terms
of Use must be filed within one (1) year after such claim or
cause of action arose or be forever barred.
The section titles in the Terms of Use are for convenience only
and have no legal or contractual effect.
22. VIOLATIONS
Please report any violations of the Terms of Use to our Support
Team. Contact Information may be found on the OnlineSurveyCash
website under the Contact heading or link.
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