1. Applicability; Agreement.
These Terms and Conditions (these “Terms”) govern and apply to your use of Dynata’s services, including, without limitation, (1) membership with the What would Mums say Panel (the “Panel”), (2) use of and/or access to the Panel website (the “Website”), (3) participation in any survey or study offered, provided, hosted, or administered by or through Dynata, and (4) your eligibility for, and/or redemption of, rewards, incentives, and prizes offered for certain actions and activities, including, without limitation, successfully completing surveys (collectively, the “Services”).
All references in these terms to “Dynata” include Dynata, LLC, and its parents, subsidiaries, and affiliates. All references in these Terms to “us” or “we” refer to Dynata.
By accessing, using, and/or participating in the Services you hereby expressly agree to comply with, and be bound by, these Terms.
Dynata reserves the right to refuse, restrict, prohibit, or reject your access to, use of, and/or participation in the Services, at any time and for any reason.
2. Membership Eligibility.
Panel membership is generally open to individuals who satisfy the requirements for membership, including, without limitation, those individuals who are eighteen (18) years of age or older and satisfy the geographic location requirement. We only allow one (1) member per unique email address. Dynata may refuse to provide the Services to anyone, at any time and for any reason or no reason.
3. Use of the Services.
The Services are for personal, non-commercial use. You may use the Services only when and as available. Dynata reserves the right to change, modify, or eliminate, and/or restrict or block access to, all or any part of the Services, without notice, at any time, for any reason or no reason.
Dynata provides Panel members with the opportunity to participate in surveys. Participation in surveys is voluntary. By agreeing to become a Panel member, you agree to receive invitations to participate in surveys. Additionally, Dynata may provide Panel members with the opportunity to communicate with other Panel members and/or Dynata. You may unsubscribe from Panel membership at any time, see Section 10 "Opt Out Policy" below.
4. Panel Registration; Passwords.
You may access the Website as a visitor without registering for membership with the Panel and without providing or disclosing personal information.
In order to register as a Panel member, you must register with or for the Panel and provide certain personal information. Panel members are required to truthfully provide all information. Dynata reserves the right to restrict or prohibit your use of, access to, and/or participation in the Services if you provide, or Dynata reasonably suspects that you have provided, information that is untrue, inaccurate, not current, or incomplete.
Dynata will either: (i) issue a user name and password to a Panel member, or (ii) permit a Panel member to create his/her own user name and password. Panel members are solely responsible for the security of their user names and passwords and will be solely liable and responsible for any use, whether authorized or unauthorized, of their membership accounts. Dynata strongly recommends against the use of a social security number, financial account number, or any other identification or account number, as a user name or password.
Panel membership is specific to the individual who registers for membership with the Panel.
You acknowledge that you are accessing, using, and/or participating in the Services in the capacity of an independent contractor, and no agency, partnership, join venture, employee-employer or franchisor-franchisee relationship is intended or created by this agreement.
5. Unauthorized Uses.
You agree not to: (i) use spiders, robots or other automated data mining techniques to catalog, download, store, or otherwise reproduce or distribute data or content available in connection with the Services, or to manipulate the results of any survey, prize draw, or contest; (ii) take any action to interfere with the Website or an individual’s use of the Website, including, without limitation, by overloading, “flooding”, “mail bombing” or “crashing” the Website; (iii) send or transmit any viruses, corrupted data, or any other harmful, disruptive, or destructive code, file, or information, including, without limitation, spyware; (iv) collect any personally identifiable information of or about any other user of the Services; (v) send unsolicited emails, including, without limitation, promotions and/or advertising of products or services; (vi) open, use, or maintain more than one (1) membership account with the Panel; (vii) Forge or mask your true identity; (viii) frame a portion(s) of the Website within another website or alter the appearance of the Website; (ix) establish links from any other website to any page of, on, or located within the Website or to the Services, without the prior express written permission of Dynata; (x) post or transmit any threatening, libelous, defamatory, obscene, pornographic, lewd, scandalous, or inflammatory material or content or any material or content that could otherwise violate Applicable Laws (as defined herein); (xi) engage in any fraudulent activity, including, without limitation, speeding through surveys, taking the same survey more than once, masking or forging your identity, submitting false information during the registration process, submitting false or untrue survey data, redeeming or attempting to redeem rewards, prizes, and/or incentives through false or fraudulent means, and tampering with surveys; (xii) reverse engineer any aspect of the Services or do or take any act that might reveal or disclose the source code, or bypass or circumvent measurers or controls utilized to prohibit, restrict or limit access to any webpage, content or code, except as expressly permitted by Applicable Laws; (xiii) engage in any criminal or illegal act(s); (xiv) use Restricted Content (as defined herein) in violation or breach of these Terms; or (xv) encourage and/or advise any individual, including, without limitation, any Dynata employee, to commit any act(s) prohibited hereunder.
You acknowledge and agree that Dynata will fully cooperate with all legal disclosure request(s) (e.g. court order or subpoena).
6. Restricted Content.
In connection with your use of, access to, and/or participation in the Services, you may have the opportunity to review or access confidential and proprietary information, materials, products, and content (“Restricted Content”) belonging to Dynata and/or Dynata’s clients, partners and/or licensors. Restricted Content is and shall remain the sole and exclusive property of the owner of the Restricted Content. In no event shall you obtain or receive any right, title, and/or interest in or to any Restricted Content. You agree to protect the confidentiality and secrecy of the Restricted Content and you agree not to modify, copy, reproduce, republish, display, transmit, distribute, reverse engineer, create derivative works of, decompile, or otherwise use, alter, or transfer Restricted Content without the prior express written consent of Dynata. You acknowledge and agree that Restricted Content may be subject to, and protected by, intellectual property laws, regulations, and codes. You further acknowledge and agree that if you breach or otherwise violate the restrictions, limitations, and prohibitions contained in this Section, in addition to any other rights or remedies available to Dynata, Dynata reserves the right to terminate, prohibit or restrict your use of, access to, and/or participation in the Services.
7. User Content.
You are solely liable and responsible for all content, materials, information, and comments you use, upload, post or submit in connection with the Services (“User Content”). You are solely responsible for all third party approvals, consents, and/or authorizations required for User Content. If you submit User Content, the User Content may become publicly available and may be shared with third parties including, without limitation, Dynata’s clients, clients of Dynata’s clients, and third party service providers. User Content should only include audio, video, images, or the likeness of the individual submitting the User Content and should not contain copyrighted or trademarked content or material of any third party. User Content should not include audio, video, images, or the likeness of anyone other than the user. You will not receive compensation for any User Content.
By using, uploading, posting, or submitting User Content in connection with the Services, you hereby grant to Dynata a perpetual, irrevocable, unlimited, transferrable, sub-licensable, world-wide, royalty free, right and license to edit, copy, transmit, publish, display, create derivative works of, reproduce, modify, distribute, and otherwise use, modify, or distribute your User Content in any manner, without compensation or notice.
You are solely responsible for the User Content, Dynata does not and cannot review all User Content and Dynata is not responsible for the User Content. Dynata reserves the right to delete, move, or edit User Content, that is, in Dynata’s sole discretion, deemed to: (i) violate these Terms, (ii) violate copyright or trademark laws, or (iii) be abusive, defamatory, obscene, or otherwise unacceptable.
8. Rewards Program.
In connection with your use of the Services, you may have the opportunity to earn rewards, incentives, and entries into prize draws or sweepstakes. Information, official rules, and terms and conditions for rewards, incentives, and prize draws or sweepstakes may be available on the Website, at the beginning or end of a survey, in survey invitations, on the website for redeeming rewards, incentives, and prizes, and/or may be described in any newsletter or other communication distributed or published by Dynata. Rewards, incentives, and prizes are non-transferrable.
Every month Dynata donates $10,000 to American Red Cross. This donation is separate to the incentives you receive for surveys, and does not come from your points balance. This does not constitute a donation on your behalf so is not tax deductible for you, and is not dependent on the number of surveys members participate in, but is one way Dynata is aiming to give back to the global community.
9. Profile Updates.
Panel members agree to promptly notify Dynata of any changes in or to information contained in their member profile. Panel members agree to review and update, as necessary, membership profiles no less frequently than once every six (6) months. A Panel member may update, correct, and/or delete information contained in his or her membership profiles by: (i) accessing his or her Panel membership account; or (ii) sending an email to the Panel member services team for the Panel.
10. Opt-Out Policy.
In connection with your use of the Services, you may be able to voluntarily link or connect to websites maintained and/or operated by third parties (“Third Party Websites”). Dynata does not endorse any Third Party Website nor any products, services, and/or opportunities advertised, offered and/or sold by, through or in connection with any Third Party Website (“Third Party Information”). Dynata does not make any representations or warranties regarding the Third Party Websites and/or the Third Party Information. Please carefully review all policies and terms applicable to the Third Party Websites and the Third Party Information.
12. Communications with Dynata.
All communications (excluding personal information) and User Content submitted or transmitted by You to Dynata, by electronic mail or otherwise, shall be treated as non-confidential and non-proprietary information, unless specifically indicated by You either prior to, or contemporaneously with, the submiDynataon or transmission of such communications and User Content. You agree that any such communications and User Content may be used by Dynata for any legal reason.
THE SERVICES, INCLUDING ALL INFORMATION, SURVEYS, CONTENT, MATERIAL, COMMENTARY AND SERVICES MADE AVAILABLE ON, OR THROUGH, THE SERVICES, ARE PROVIDED “AS IS”. Dynata DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER IN CONNECTION WITH ANY INFORMATION, CONTENT, MATERIAL, COMMENTARY, SURVEYS, PRODUCTS, OR SERVICES MADE AVAILABLE ON, OR THROUGH, THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY USER CONTENT. FURTHER, Dynata HEREBY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. Dynata DOES NOT WARRANT THAT THE TOOLS, TECHNOLOGY, OR FUNCTIONS CONTAINED IN THE SERVICES OR ANY CONTENT, MATERIAL, COMMENTARY, INFORMATION AND/OR SERVICES CONTAINED THEREIN, WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SYSTEMS OR THE SERVER(S) THAT SUPPORT THE SERVICES AND MAKE THE SERVICES AVAILABLE WILL BE CORRECTED, OR THAT THE SERVICES AND/OR THE SYSTEMS AND/OR THE SERVER(S) THAT SUPPORT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Dynata DOES NOT PROVIDE ACCESS OR CONNECTION TO THE INTERNET AND IS NOT AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACTIONS OR OMISSIONS OF THIRD PARTIES THAT INTERFERE WITH, LIMIT, RESTRICT, OR PREVENT ACCESS OR CONNECTION TO, OR USE OF, THE SERVICES.
Dynata hereby reserves the right, in Dynata’s sole discretion, to make changes to these Terms. Dynata encourages you to review these Terms on an ongoing basis. Dynata will obtain your consent prior to changes that are of such nature that consent is needed or required. For changes that do not require consent, your continued use of, access to, and/or participation in the Services does and will constitute your acceptance of these Terms as amended.
You agree to indemnify, defend, and hold harmless Dynata and its parent, affiliated, and subsidiary companies and its and their respective members, managers, shareholders, directors, officers, employees, and agents from and against any and all claims, liabilities, losses, judgments, awards, fines, penalties and costs and/or expenses of any kind, including, without limitation, reasonable attorneys’ fees and court costs, arising out of, resulting from, or caused by, whether directly or indirectly,: (i) your breach or violation of these Terms; and/or (ii) your use of, participation in, and/or access to the Services.
17. Limitation of Liability.
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAWS, YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL Dynata BE LIABLE, OR OTHERWISE RESPONSIBLE, TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES, FOR ANY REASON(S) OR FOR ANY CAUSE(S), REGARDLESS OF WHETHER Dynata IS INFORMED OF THE POSSIBILITY THE SUCH DAMAGES MAY EXIST.
ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICES AND/OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.
18. Compliance with Applicable Laws.
You acknowledge and agree that you will comply with all applicable international, national, Federal, state, and/or local laws, codes, regulations, rules and/or requirements (“Applicable Laws”) regarding your use of, participation, in, and/or access to the Services.
19. Suspension; Termination; De-Activation of Panel Membership Accounts.
Either party may terminate your membership with the Panel at any time, with or without cause, for any reason or no reason, and without liability for the termination.
In addition to any and all other available remedies, Dynata may, without notice, suspend and/or terminate your use of, access to, and/or participation in the Services if you are in breach or violation of these Terms. If Dynata terminates your membership due to your breach or violation of these Terms: (i) you forfeit all rights, title, and interest in and/or to all unredeemed rewards, incentives, and/or prizes, effective upon termination; (ii) your membership will immediately be canceled; (iii) your access to, participation in, and use of the Services will immediately cease, and (iv) you will not be allowed to participate in surveys offered through the Services. In the event that a non-Panel member breaches or otherwise violates these Terms, such non-Panel member hereby agrees that: (a) all rights, title, and interest in and/or to all unredeemed rewards, incentives, and/or prizes (if any), will be forfeit effective upon termination; and (b) access to, use of, and participation in the Services will immediately cease.
In addition, Dynata reserves the right to de-activate your Panel membership account: (a) if your membership account does not remain Active (as defined herein); (b) if Dynata receives a hard bounce or delivery failure notice in regards to email communications sent by Dynata to your email account; or (c) if Dynata receives a “mailbox full” reply notice three (3) times in regards to email communications sent by Dynata to your email account. For the purpose of these Terms, “Active” means that you: (i) participate in a survey, at least, once every six (6) months; or (ii) update your profile or member information once every six (6) months.
In the event of deactivation, termination by you, or termination by Dynata (other than for your breach or violation of these Terms), Dynata shall maintain unredeemed rewards, incentives, and/or prizes active and available for you to redeem for a period of thirty (30) days following de-activation or termination.
20. Dynata Employees.
A. Restriction. Dynata employees and their Immediate Family Member(s) (as defined herein) are not eligible to receive any payments, prizes, or incentives for using, participating in, or accessing the Services. For the purpose of this Section 20, the term “Immediate Family Member(s)” includes parents, spouses, children or significant others (i.e. girlfriends/boyfriends, domestic partners, and spousal equivalents).
B. Procedures. Dynata’s employees may use, access, or participate in the Services, only after receiving written permission from their respective manager, and only for the sole purpose of improving Dynata’s products and/or services. Dynata’s employees must always be honest and report accurate information in connection with using, accessing, or participating in the Services. If altered, false, or untrue information or data must be used, prior consent and approval must be received from Dynata’s Chief Executive Officer.
C. Improper Conduct. Unless authorized pursuant to these Terms or otherwise approved in writing by Dynata’s Chief Executive Officer, the violation of the terms of this Section 20 by an Dynata employee and/or its Immediate Family Member(s) is a violation of Dynata’s standards of conduct and any such violation may subject the employee to discipline, including, without limitation, termination of employment.
A. Notice From You to Dynata. Except as otherwise set forth herein, or as required by Applicable Laws, all notices to be sent or provided to Dynata should: (i) be correctly addressed to the applicable business address, and shall be sufficiently delivered if delivered: (a) by Federal Express, Express Mail, or other nationally or internationally recognized overnight courier service (in which case notice shall be effective one (1) business day following dispatch); or (b) by certified mail, return receipt requested, postage prepaid (in which case notice shall be effective six (6) days following deposit in mail); or (ii) be sent via email to the appropriate member services team for the appropriate Panel.
B. Notice From Dynata to You. Except as otherwise required by Applicable Laws, you agree that Dynata may provide notices to you: (i) via the e-mail address provided by you to Dynata (in which case notice shall be effective one (1) day following the date the e-mail was sent, provided that Dynata did not receive an error message stating that delivery of the e-mail was delayed, that the e-mail address was invalid, or that the e-mail otherwise could not be delivered); (ii) by certified mail, return receipt requested, postage prepaid addressed to the address provided by you to Dynata (in which case notice shall be effective six (6) days following deposit in mail); or (iii) by posting notices on the Website. You agree to check the Website frequently for notices and to keep your personal information up-to-date.
C. Legal Notice. All questions regarding these Terms and all legal notices should be sent, in accordance with Section 21.A. of these Terms, to:
6 Research Drive
Shelton, Connecticut 06484.
Attn: Legal Department
or via email to: firstname.lastname@example.org
If any term or provision of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such term or provision shall be deemed null and void and shall not affect the application and/or interpretation of these Terms. The remaining terms or provisions of these Terms shall continue in full force and effect, as if the invalid or unenforceable term or provision was not a part of these Terms.
23. Governing Laws; Jurisdiction and Venue.
These Terms and your access to, use of, or participation in the Services shall be governed by and construed in accordance with the laws of the state of Connecticut, USA, without regard to any portion of any choice of law principles (whether those of Connecticut or any other jurisdiction) that might provide for application of a different jurisdiction’s laws. All claims or disputes arising in connection with these Terms and/or your access to, use of, or participation in the Services, shall be subject to the exclusive jurisdiction of the state or Federal courts located in Fairfield County, Connecticut, USA.
24. Miscellaneous Terms.
The headings contained in these Terms are for reference only and shall have no affect on the interpretation and/or application of these Terms. Dynata’s failure to enforce a breach by you of these Terms shall not waive or release you from such breach and shall not waive, release or prevent Dynata from enforcing any subsequent breach by you of these Terms. These Terms, any rules, terms or policies referenced herein or incorporated herein, and the Panel specific requirements, represent the entire understanding and agreement between Dynata and you with respect to the subject matter hereof.
Last Updated: 19/09/2019