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MYSURVEY CONNECT TERMS AND CONDITIONS

July 26, 2011

These Terms and Conditions govern your MySurvey Connect membership which is available on the MySurvey panel (“Panel”). You should also read the MySurvey Connect Privacy Policy, your Panel Privacy Policy, your Panel Membership Terms and Conditions and the Website Terms and Conditions all of which form part of this agreement.

These Terms and Conditions are publicly available on the MySurvey Connect website at http://uk.mysurvey.com/index.cfm?action=Main.lobbygeneral&mycontent=MCTERMS

  1. REGISTRATION

    1. MySurvey Connect is run by Lightspeed Research Limited (MySurvey is part of Lightspeed Research Limited). MySurvey panelists can contact us by emailing us.
    2. MySurvey Connect is a group of panelists who have voluntarily agreed to register. MySurvey Connect is open to all Panel members with a valid panel membership upon invitation only, assuming that their computer is compatible with the Compete, Inc. application called Consumer Input Software.
    3. MySurvey Connect members must agree to the MySurvey Connect Privacy Policy, the Panel Privacy Policy, the Panel Membership Terms and Conditions and the Website Terms and Conditions which form part of this agreement.
    4. Only one membership per person is allowed. We reserve our right to cancel multiple memberships and forfeit the associated Points.
    5. The MySurvey Connect membership is free of charge and non-binding


  2. CONSUMER INPUT SOFTWARE

    1. The application (Consumer Input Software) is manufactured and licensed by Compete, Inc. All rights are reserved by Compete, Inc. We are not responsible for any loss or issue related to the usage of the application. The MySurvey Connect members must fully agree with the Compete End User License Agreement (EULA).


  3. MEMBERSHIP

    1. Members of MySurvey Connect gain their membership by signing up for MySurvey Connect which consists of answering registration questions and both downloading and installing the application (Consumer Input Software) on their computer.
    2. Members of MySurvey Connect lose their membership if they uninstall the application or if they make the application inactive by any means. Members losing their membership will keep all of the Points they have previously collected. The last incomplete membership period of 30 days will not be taken into account for both the Monthly Reward and the Semi-Annual Reward calculation.
    3. The MySurvey Connect membership starts at the date of registration and remains valid until actively or passively terminated by the panelist or at our discretion. Members losing their membership will keep all of the Points they have previously collected. The last incomplete membership period of 30 days will not be taken into account for both the Monthly Reward and the Semi-Annual Reward calculation.


  4. REWARDS

    1. The number of Points allocated for each activity is stated either in the original MySurvey Connect invitation that the members have received or in the original MySurvey Connect sign-up form. All Points offered to MySurvey Connect members are MySurvey Points, regulated by the Panel Terms and Conditions.
    2. MySurvey Connect members will receive the following rewards upon completion of the indicated action:
      1. Installation Reward: installing the application on their primary computer.
      2. First Monthly Reward: keeping the application active on their computer from the installation date until the first monthly payment date.
      3. Ongoing Monthly Reward: keeping the application active on their computer for a period of one calendar month.
      4. Semi-Annual Reward: keeping the application active on their computer for six consecutive calendar months.

      ‘Active’ as used above is defined as the application remainings active up to 12 noon GMT on the day the reward is due.
    3. Reward payment terms. The Points will be credited to the member’s point account on the following schedule:
      1. Installation Reward: typically within 7-10 days after the registration day.
      2. First Monthly Reward: on the first of the month following the end of the initial month. I.e. if a member joins on June 20th, his Points will be credited on the 1st August.
      3. Ongoing Monthly Reward: on the first of each month following a membership period of one month.
      4. Semi-Annual Reward: on the first of the month following a membership period of six consecutive months.


  5. REACTIVATION

    1. If MySurvey Connect members lose their membership by any means, they may be invited to reinstall the application and reactivate their membership. In this case, MySurvey Connect members will receive the following rewards upon completion of the indicated action:
      1. Prize Draw Entries: reinstalling the application on their  primary computer.
      2. First Monthly Reward: keeping the application active on their computer from the reinstallation date until the first monthly payment date.
      3. Ongoing Monthly Reward: keeping the application active on their computer for a period of one calendar month. .
      4. Semi-Annual Reward: keeping the application active on their computer for six consecutive calendar months.
    2. Reward payment terms. The Points and Prize Draw entries will be credited to the member’s point account on the following schedule:
      1. Prize Draw Entries: typically within 7-10 days after the registration day.
      2. First Monthly Reward: on the first of the month following the end of the initial month. I.e. if a member joins on June 20th, his Points will be credited on the 1st August.
      3. Ongoing Monthly Reward: on the first of each month following a membership period of one month.
      4. Semi-Annual Reward: on the first of the month following a membership period of six consecutive months.
    3. The number of Prize Draw Entries and Points allocated for each activity is stated either in the original MySurvey Connect reactivation invitation that the members have received or in the original MySurvey Connect reactivation sign-up form.
    4. All Points offered to MySurvey Connect members are MySurvey Points, regulated by the Panel Terms and Conditions. All Prize Draw Entries offered to MySurvey Connect members are MySurvey Prize Draw Entries, regulated by the Panel MySurvey Prize Draws Terms & Conditions.


  6. LAST UPDATE

    1. This document was last updated on July 26, 2011.


  7. CHANGES

    1. We reserve the right to change, add or remove terms from these Terms and Conditions. We will publish any changes on the MySurvey Connect website. You should check this page for such changes frequently. Your continued MySurvey Connect participation after such changes demonstrates your acceptance of those changes.


  8. JURISIDCTION

    1. Save where these Terms and Conditions have been altered by us in writing, these Terms and Conditions, the Privacy Policy, the MySurvey Official Privacy Policy and the Website Terms and Conditions constitute the entire agreement between you and Lightspeed regarding membership of the panel.
    2. These Terms and Conditions shall be governed by and construed in accordance with English law.
    3. The parties irrevocably agree to submit to the exclusive jurisdiction of the English Courts in relation to any claim or matter arising under or in connection with these Terms and Conditions.


SOFTWARE LICENSE AGREEMENT (EULA)

THIS END USER LICENSE AGREEMENT (THE "AGREEMENT") IS A LEGAL AGREEMENT BETWEEN COMPETE, INC. (THE "LICENSOR") AND THE USER OF THE SOFTWARE. THIS AGREEMENT CONTAINS RIGHTS AND RESTRICTIONS ASSOCIATED WITH USE OF THE ACCOMPANYING SOFTWARE IN OBJECT CODE ONLY AND DOCUMENTATION (AS MAY BE UPGRADED FROM TIME TO TIME, THE "SOFTWARE"). BY DOWNLOADING, INSTALLING OR OTHERWISE USING THE SOFTWARE YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND REPRESENT (I) THAT YOU HAVE BEEN AUTHORIZED TO ACCEPT THESE TERMS ON BEHALF OF THE USER (THE ENTITY ON WHOSE BEHALF YOU REPRESENT YOU ARE AUTHORIZED TO ACT, IN WHICH EVENT "YOU" AND "YOUR" SHALL REFER TO YOU AND SUCH ENTITY, AS THE CASE MAY BE), OR (II) THAT YOU INTEND TO BE PERSONALLY BOUND TO THE TERMS OF THIS AGREEMENT AS THE USER. IF YOU ARE NOT SO AUTHORIZED OR DO NOT INTEND TO BE PERSONALLY BOUND, THEN LICENSOR IS UNWILLING TO LICENSE THE SOFTWARE AND THE DOWNLOADING, INSTALLATION OR USE OF THE SOFTWARE IS A VIOLATION OF U.S. AND INTERNATIONAL COPYRIGHT LAWS AND CONVENTIONS. IF YOU ACCEPT THESE TERMS FOR AN ENTITY ON WHOSE BEHALF YOU ARE AUTHORIZED TO ACT, YOU MAY USE THE SOFTWARE ONLY ON BEHALF OF SUCH ENTITY. IF YOU INTEND TO BE PERSONALLY BOUND, USE OF THE SOFTWARE IS LIMITED TO YOUR PERSONAL USE.

  1. Scope of Licensed Rights.

    Subject to the terms and conditions of this Agreement, Licensor grants you a limited, personal, non-transferable, non-exclusive license, without the right to sublicense, (the "License") to install and use one copy of the current version of the Software, free of charge, provided that your use of the Software is for non-commercial purposes and you are 18 years of age or over.


  2. License Restrictions.

    When installed on your computer, the Software periodically communicates with our servers. We may update the Software on your computer when a new version is released or when new features are added. These updates occur automatically. Notwithstanding the above, we have no obligation to make available to you any subsequent versions or new features of the Software. To the maximum extent permitted by applicable law, you may not modify, translate reverse engineer, decompile or otherwise disassemble the Software in any way. You may not create derivatives of the Software, and you agree not to attempt, or allow others to attempt to reverse engineer and/or modify the Software. Any and all modifications, enhancements and derivative works of the Software shall remain the sole and exclusive property of Licensor. You further agree not to access or attempt to access the Software by any means other than the interface provided by Licensor.

    You may not host, rent, lease, sublicense, or otherwise distribute the Software to any third party; or offer the Software in connection with timesharing, facility management, or service bureau usage. Licensor reserves all rights in the Software not expressly granted to you in this Agreement.


  3. Ownership.

    You agree that the Software is licensed and not sold to you, and that the Software is owned by Licensor, including all intellectual property rights in the Software including, without limitation, all patents, copyrights, trademarks, trade secrets or other proprietary rights. Licensor maintains all right, title and interest in and to the Software at all times, and regardless of the form of media in or on which the original or other copies may subsequently exist. In addition, all content accessed through the Software is the property of the applicable content owner and may be protected by applicable intellectual property laws. This Agreement gives you no right to such content.


  4. Trademarks and Logos.

    "Compete" is a trademark of Licensor. All other trademarks and service marks are the property of their respective owners. You may not remove or alter any trademark, logo, copyright or other proprietary notice, legend, symbol or label in the Software.


  5. Your Obligations.

    You represent and warrant that you are the owner of the computer onto which you have downloaded and installed the Software, or the owner of the computer has authorized you to do so. You agree, with respect to all other users of the computer on which you have caused the Software to reside, to provide a copy of this Agreement; and to obtain their consent to the Agreement before allowing them to use the computer to view Web sites on the Internet.

    You agree not to use the Software to conduct any business or activity or solicit the performance of any activity, which is prohibited by law, or any contractual provision by which you are bound. You agree to abide by United States copyright law and all other applicable laws of the United States and other nations and by any applicable international treaties in connection with the Software.


  6. Disclaimer of Warranty.

    USE OF THE SOFTWARE IS AT YOUR OWN RISK. LICENSOR SHALL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY FOR THE SOFTWARE, INCLUDING ANY LIABILITY FOR NEGLIGENCE. LICENSOR PROVIDE(S) THE SOFTWARE ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. LICENSOR MAKES NO WARRANTY THAT (i) THE SOFTWARE IS ACCURATE AND ERROR-FREE; (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE WILL BE RELIABLE; OR (iii) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

    The above exclusions may not apply in jurisdictions that do not allow the exclusion of certain implied warranties.


  7. Termination.

    You understand that Licensor, in its sole discretion, may modify, discontinue or suspend your right to access the Software at any time. You may terminate this Agreement at any time by uninstalling using the Windows add/remove program functions and destroying all copies of the Software in your possession or control. The License will terminate automatically if you fail to comply with the limitations and obligations described herein. On termination, you must destroy all whole and partial copies of the Software. Sections 6, 7, 8, 10, 11, 13 and 16 of this Agreement will survive termination.


  8. Limitation of Liability.

    IN NO EVENT WILL LICENSOR, ITS EMPLOYEES, DISTRIBUTORS, SUPPLIERS, ADVERTISERS, DIRECTORS OR AGENTS (COLLECTIVELY "PROTECTED PARTIES") BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LEGAL FEES,ARISING OUT OF THIS LICENSE OR OTHERWISE IN CONNECTION WITH THE SOFTWARE, OR ARISING OUT OF YOUR USE OR INABILITY TO USE THE SOFTWARE INCLUDING, BY WAY OF ILLUSTRATION AND NOT LIMITATION, LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, EVEN IF A PROTECTED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LICENSOR'S MAXIMUM CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED $50.00 AND WILL NOT IN ANY EVENT EXTEND TO ANY DAMAGES OTHER THAN DIRECT GENERAL DAMAGES. THE USER AGREES THAT THIS SECTION APPROPRIATELY REFLECTS THE ALLOCATION OF RISK BETWEEN THE USER AND THE LICENSOR.

    Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Licensor's liability shall be limited to the extent permitted by law.


  9. Export Controls.

    The software includes cryptographic elements that may be subject to export controls including the U.S. Export Administration Act. The Software or any underlying technology may not be exported or re-exported to any country, person, foreign entity or any "foreign person" to the extent such export is prohibited under applicable United States laws and regulations or any other applicable laws and regulations. By downloading, installing or using the Software, you are acknowledging and agreeing to these limitations on your right to export or re-export the Software, and are also representing and warranting that you are not on any applicable government's list of export-precluded parties or otherwise ineligible to receive software containing cryptography that is subject to applicable export controls.


  10. Governing Law.

    Licensor provides the Software from its offices in the Commonwealth of Massachusetts, USA. The laws of the Commonwealth of Massachusetts will govern this Agreement without giving effect to the principles of conflict of law.


  11. Arbitration.

    Any claim or controversy arising out of or related to this Agreement, or the products or services Licensor provides, shall be settled by binding arbitration in accordance with the then-current rules of the American Arbitration Association. Any such claim or controversy shall be arbitrated on an individual basis and shall not be consolidated with a claim of any other party. The foregoing shall not preclude Licensor from seeking any injunctive relief for protection of Licensor's intellectual property rights.


  12. Limitation of Support.

    Because you are using the Software free of charge under the terms of this Agreement, you are not entitled to support or telephone assistance from Licensor.


  13. Successor Agreements

    The terms of this Agreement may change in the future. Licensor will always post such changes on our Web site that can be accessed at http://www.consumerinput.com/eula/

    You agree that after such notice, you consent to the successor Agreement, unless you affirmatively indicate to Licensor by email that you do not accept the successor Agreement. If you do not accept the successor Agreement, you should remove the Software from your computer. Failure to remove the Software from your computer indicates acceptance of the terms of the Agreement and any successor Agreement. Except as provided in this Section, this Agreement may not be revised except in writing signed by both parties.


  14. Confidentiality.

    You understand and agree that the Software contains trade secrets belonging to the Licensor, and will take all reasonable steps to protect its confidentiality. You acknowledge that the Software is property of the Licensor and contains confidential information. You agree that you will not provide a copy of the Software nor divulge any details of it to any person without the prior consent in writing of the Licensor.


  15. General.

    This Agreement, as modified from time to time as described above, and sets forth the entire understanding and agreement between you and Licensor with respect to the subject matter hereof. If any provision or provisions hereof shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected or impaired thereby. Licensor shall not be liable for any delay or failure in performance under this Agreement or interruption of service resulting from acts of God, civil or military authority, war, labor disputes, materials provided by third parties, or any cause beyond the reasonable control of Licensor. You may not assign this Agreement, or any rights or obligations hereunder, without our prior, written consent.

    If you have any questions or comments about the End User Software License Agreement please contact us at questions@consumerinput.com.

    Copyright © 2010 by Compete, Inc.


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