ZoomPanel Terms of Use
(January 3, 2012)Introduction
By joining and participating in ZoomPanel, you ("you" or "Member") acknowledge and accept these ZoomPanel Terms of Use ("Terms"), which are subject to change from time to time upon notice to you. Your continued membership in ZoomPanel constitutes acknowledgement and acceptance of any modification to these Terms. SurveyMonkey reserves the right to modify or discontinue the ZoomPanel program with or without notice to you.
IF YOU OBJECT TO ANY OF THE TERMS AND CONDITIONS OF THESE TERMS, OR ANY SUBSEQUENT MODIFICATIONS THERETO, YOUR ONLY RECOURSE IS TO IMMEDIATELY DISCONTINUE PARTICIPATION IN ZOOMPANEL AND TO TERMINATE YOUR MEMBERSHIP.
ZoomPanel is a service provided by SurveyMonkey through the ZoomPanel.com website (the "Site").
ZoomPanel members may earn points ("Points"), gift cards or other incentives (collectively, "Incentives") in return for their membership and completion of ZoomPanel market research studies. Incentives provided by third parties are governed by rules and agreements between you and such third party.
SurveyMonkey is under no obligation to provide Members with any particular number of opportunities to participate in market research studies. SurveyMonkey reserves the right to limit ZoomPanel enrollment at any time.
Your Membership
Only individual persons 18 years or older and residing in the U.S, Canada, United Kingdom, France and Australia may enroll and become members of ZoomPanel. Corporations or other business entities are not eligible to become Members.
ZoomPanel membership and use is limited to one individual per ZoomPanel account unless otherwise approved by SurveyMonkey in advance in writing.
ZoomPanel allows only one email address per Member. You agree to provide only true and accurate information to SurveyMonkey and to answer all market research studies truthfully and thoughtfully.
Your Obligations
As a ZoomPanel Member, you agree not to reproduce, share or disclose any surveys, questions, content or materials presented for evaluation.
You agree not to engage in conduct that is detrimental to the interests of SurveyMonkey, its customers, ZoomPanel.com or ZoomRewards.com, including, without limitation, violating these Terms, having multiple ZoomPanel accounts, participating in redemption fraud, and tampering with ZoomPanel survey links.
You agree to promptly notify SurveyMonkey of any change in your address (mail or email) or personal profile by updating your personal information in the My Account section of the Site. Your discontinued participation in ZoomPanel or failure to notify SurveyMonkey of any address (mail or email) or profile changes may result in the termination of membership and cancellation and forfeiture of your unredeemed Points.
Compliance with Laws
You shall comply with all laws, rules, and regulations that are applicable to you. You acknowledge that you may only participate in ZoomPanel if and to the extent that such participation is permitted by such laws, rules, and regulations.
Disclaimer of Warranties
You expressly agree that use of ZoomPanel is at your sole risk.
ZOOMPANEL AND ALL SERVICES OFFERED THEREIN ARE PROVIDED ON A STRICTLY "AS IS" AND "AS AVAILABLE" BASIS. SURVEYMONKEY MAKES NO WARRANTY WITH REGARD TO SERVICES OR REWARDS OBTAINED BY YOU THROUGH ZOOMPANEL OR THROUGH ZOOMPANEL'S PARTNERS; THAT ZOOMPANEL WILL MEET YOUR REQUIREMENTS; OR THAT ZOOMPANEL WILL BE UNINTERRUPTED, TIMELY, ERROR FREE; NOR DOES SURVEYMONKEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ZOOMPANEL OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH ZOOMPANEL.
SURVEYMONKEY EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SURVEYMONKEY SHALL NOT BE LIABLE OR RESPONSIBLE FOR THOSE GUARANTEES, WARRANTIES, AND REPRESENTATIONS, IF ANY, OFFERED BY SURVEYMONKEY'S CUSTOMERS, CLIENTS, PARTNERS, MANUFACTURERS OF MERCHANDISE, SUPPLIERS OF SERVICES OR OTHER THIRD PARTIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SURVEYMONKEY OR THROUGH ZOOMPANEL SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitation of Liability
ZoomPanel's refusal to enroll you, or to restrict, modify, or terminate your membership in ZoomPanel, based on a suspected or actual violation of these Terms shall be without liability to you or any other party.
SURVEYMONKEY SHALL NOT BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL, RELATING TO YOUR PARTICIPATION OR INABILITY TO PARTICIPATE IN ZOOMPANEL MARKET RESEARCH STUDIES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Third Party Services
You acknowledge and agree that ZoomPanel neither endorses the contents of advertisements or third parties' Web sites, nor assumes responsibility or liability for the accuracy of material contained therein, or any infringement of third party intellectual property rights arising there from, or any fraud or other crime facilitated thereby.
To enhance the value of the ZoomPanel service to you, SurveyMonkey may on occasion share some of your personal information with third parties for the limited purposes of data verification and supplementation. Such third parties shall be bound by the terms set forth in the ZoomPanel Privacy Policy and will agree to maintain the confidentiality and protection of your personal information, at all times before, during and after providing services.
Termination
YOU UNDERSTAND AND AGREE THAT (a) AT ANY TIME EITHER YOU OR SURVEYMONKEY MAY TERMINATE YOUR MEMBERSHIP WITH OR WITHOUT CAUSE AND (b) UPON TERMINATION, YOUR RIGHT TO USE YOUR MEMBERSHIP IMMEDIATELY CEASES AND YOUR UNREDEEMED POINTS SHALL BE CANCELLED AND FORFEITED.
SurveyMonkey reserves the right to terminate or disable, at its sole discretion, your ZoomPanel membership if SurveyMonkey believes that such you have violated or acted inconsistently with these Terms or otherwise engaged in suspected abuse or fraud. In addition, SurveyMonkey reserves the right to terminate or disable, at its sole discretion, any ZoomPanel membership if ZoomPanel believes that your survey response pattern appears suspect or deliberately untruthful. Any such decision or ensuing termination/disablement will be final and binding.
SurveyMonkey reserves the right to terminate or disable, and cancel unredeemed Points in, ZoomPanel accounts that are inactive for a period of three (3) consecutive months. "Inactive" shall be defined by SurveyMonkey in its sole discretion from time to time, and shall include, but not be limited to, clicking on a survey invitation link, or participation in a survey.
You understand that, in some cases following termination, you may still receive pre-scheduled messages for a period of time following termination.
Should you object to any of the terms and conditions of these Terms, or any subsequent modifications thereto, or become dissatisfied with ZoomPanel, your only recourse is to immediately discontinue participation in ZoomPanel and properly terminate your membership.
Termination of your membership by you is effective upon your submission of a termination request at the Cancel Account page of the Site.
Non-Transferability
Your right to use ZoomPanel is non-transferable, and is non-transferable upon death, as part of a domestic relations matter or otherwise by operation of law.
Proprietary Rights to Content and other Intellectual Property
You acknowledge that ZoomPanel content (including but not limited to text, sound, photographs, graphics, or other material contained in any ZoomPanel communication, advertisements, or messages, whether by SurveyMonkey or SurveyMonkey's customers, clients or partners), service and software are protected by copyrights, trademarks, service marks, patents, and/or other proprietary rights and laws; therefore, you are only permitted to use content, service, or software as expressly authorized by SurveyMonkey, or its clients and partners, as the case may be. Except as expressly provided bt SurveyMonkey, ZoomPanel and its third party licensors retain title, ownership and all rights and interests in and to their respective intellectual property.
Modifications
ZoomPanel reserves the right to change these Terms, and/or any part thereof, at any time upon notice to you. You understand that the most recent version of these Terms will be located on the Website.
Notices
All notices given by SurveyMonkey to you will be given by email, regular mail or by general posting on the Site.
Indemnification
You agree to indemnify and hold SurveyMonkey, its affiliates, officers, and employees harmless from any claim, demand, expense, loss or damage, including reasonable attorneys' fees, relating to your use of ZoomPanel or violation of these Terms.
Contracting Entity; Disputes
"SurveyMonkey" or "we" means SurveyMonkey.com, LLC, located at 285 Hamilton Avenue, Suite 500, Palo Alto, CA 94301. These Terms and the relationship between you and SurveyMonkey shall be treated as if entered into and executed in the State of California and shall be governed and construed in accordance with the laws of the State of California, without regard to conflict of law principles, and also excluding the United Nations Convention on Contracts for the International Sale of Goods. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts in Santa Clara county, California. SurveyMonkey makes no representation that the materials and content on or relating to ZoomPanel are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is strictly forbidden. Those who access ZoomPanel from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws. Any claim or demand under these Terms must be made within 1 year of the occurrence of the underlying facts.
Any dispute or claim arising out of or in relation to these TOS, or the interpretation, making, performance, breach, or termination thereof, shall be finally settled by binding arbitration in San Francisco, California, USA, under the Commercial Arbitration Rules of the American Arbitration Association (the "Rules") by three arbitrators appointed in accordance with said Rules. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. You and ZoomPanel agree that, any provision of applicable law notwithstanding, neither party will request, and the arbitrators shall have no authority to award, punitive or exemplary damages against the other party. At either party's request, the arbitrators shall issue a written decision explaining the facts and legal reasoning on which their decision is based. The arbitration proceedings shall be conducted in the English language. As the sole exception to the foregoing agreements on exclusive jurisdiction and arbitration, either party may, at its sole discretion, seek preliminary or permanent injunctive relief in any court of competent jurisdiction. The prevailing party in any dispute shall be entitled to reasonable attorneys' fees and costs in addition to any other relief to which that party may be entitled.
Miscellaneous
These Terms, the ZoomPanel Privacy Policy, any documents incorporated by reference herein or therein, and any rules or policies set forth on the Site comprise the entire agreement between SurveyMonkey and you relating to the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, communications, and/or advertising with respect to such subject matter.
If any provision(s) of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
SurveyMonkey's failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by SurveyMonkey in writing.