THESE GENERAL TERMS (THESE “GENERAL TERMS”) GOVERN YOUR USE OF
HTTP://WWW.TAPRESEARCH.COM AND OTHER WEB AND MOBILE WEBSITES ON WHICH WE
POST A LINK TO THESE GENERAL TERMS (COLLECTIVELY THE “SITES”). BY VISITING,
ACCESSING OR USING ANY OF OUR SITES YOU ARE CONCLUDING (OR CONFIRMING) A
LEGALLY BINDING CONTRACT BASED ON THESE TERMS WITH TAPRESEARCH, INC., A
CORPORATION WITH OFFICES IN SAN CARLOS, CALIFORNIA, USA. (“TAPRESEARCH,”
“WE,” OR “US”).
You are concluding such contract on behalf of yourself and any company or other organization that you are acting for when you visit, access or use any of our Sites, and any reference to "you" in these General Terms refers jointly to you and your company or other organization.
Our collection and use of your personal information is also governed by our Privacy Policy , which is incorporated into these General Terms by this reference.
We reserve the right to revise these General Terms at any time by updating this posting. Your use of the Sites after the posting of changes will constitute your acceptance of the changes.
IF YOU DO NOT AGREE WITH ANY OF THESE GENERAL TERMS, YOU MUST IMMEDIATELY NOTIFY US IN WRITING AND STOP USING ALL OF OUR SITES. DO NOT VISIT, ACCESS OR USE ANY OF OUR SITES IF YOU DO NOT WISH TO BE BOUND BY THESE GENERAL TERMS.
Conditional permission to use our Sites.
We grant you a limited, freely revocable, non-assignable, non-exclusive permission to use our Sites on the condition that you agree and comply with these General Terms and that you use our Sites only for one of the following purposes: (1) to gather information about our services for purposes of evaluating whether you want to purchase services from us as a buyer or supplier of market sample, (2) to use our Sites as a buyer or supplier of market sample in full compliance with a separate written agreement with us, which shall take precedent over these General Terms in case of any inconsistencies, or (3) to register for purposes of taking surveys and participate in market research as a respondent.
You are not permitted to resell or distribute any information or services provided on the Sites.
If you use our Sites in violation of these General Terms or any applicable law, your conduct will constitute a breach this contract and access of our computers without permission, and may also constitute infringement of our intellectual property rights and other rights. We reserve all rights not expressly granted herein, including, without limitation, title, ownership and all intellectual property rights to our Sites, information collected or displayed, technologies and any other tangible and intangible items we own or make available.
Restrictions.
You must comply with all of our DO’s and DON’Ts below, and you must not access or use Sites in violation of any laws, regulations or third party rights. We reserve the right, to the greatest extent permitted by law, to cancel, terminate and remove any messages, other content, communication history and user accounts at our sole discretion, at any time, including in cases of violations of these General Terms and our DO’s and DON’Ts. If you have questions, concerns or complaints, please notify us at support@tapresearch.com.
Incentives.
TapResearch incentivizes respondents in the “local currency” of its mobile app partners (e.g., points, gems, coins, sheep, etc.). Each survey displays the maximum incentive that can be earned by participating. You will earn either a partial or full reward depending on how far you make it in a survey.
You acknowledge you are accessing the Sites in the capacity of an independent contractor, and no agency, partnership, join venture, employee-employer, or franchisor/franchisee relationship is intended or created by these General Terms.
You also acknowledge and agree that your participation in research is based on your desire to share opinions and provide feedback, and any consideration paid to you is not calculated based on time spent by you and is not pro-rated on an hourly basis or otherwise.
Your participation in research is without the control or direction of any other party or entity, and in your participation you are exercising your own independent judgment and discretion. By being given the opportunity to participate and by receiving the incentive, you agree that any consideration paid to you represents fair value for your participation.
Proprietary Rights, Non-Disclosure.
You acknowledge and agree the content, materials, text, images, videos, graphics, trademarks, logos, button icons, music, software, and other elements available on the Sites are the property of TapResearch, our licensors, or our clients and are protected by copyright, trademark, and/or other proprietary rights and laws. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify, or create derivative works from any content or materials on the Sites.
Information and content made available to you through the Sites may contain trade secrets or other confidential or proprietary information of TapResearch or our clients, suppliers, or licensors. You must hold in strict confidence, and not disclose to any other person, any information or content you access or learn in connection with your participation in any survey or other activity related to the Sites. You are prohibited from sharing with any third party photographic or other imagery, information, or any other content from your activities with respect to the Sites. You must not use any such information or content for any purpose other than your participation in our services in accordance with these General Terms. You hereby agree to notify us immediately if you learn of or suspect any use or disclosure of, or access to, any such information or content other than as specifically authorized in these General Terms.
Changes.
We may change the Sites or these General Terms, or discontinue any of our Sites at any time, without advance notice, at our sole discretion, for any or no reason. We may also assign our contract to an affiliated entity or an acquirer of all or substantially all our assets, with notice to you. If you do not wish to accept the changes an assignment, your sole remedy is to terminate our contract and discontinue using the Sites.
Warranty Disclaimer
YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE SITES. THE SITES, OUR SERVICES, AND ALL CONTENT, MERCHANDISE, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THE SITES OR OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SECURITY, OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION, WE DO NOT WARRANT THAT: (1) THE INFORMATION PROVIDED ON THE SITES IS CORRECT, ACCURATE, OR RELIABLE; (2) THE FUNCTIONS CONTAINED WITH RESPECT TO THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE; (3) DEFECTS WILL BE CORRECTED; OR (4) THE SITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
IN NO EVENT SHALL TAPRESEARCH, ITS AFFLIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THE SITES BE LIABLE TO ANY USER OF THE SITES OR OUR SERVICES OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITES OR OUR SERVICES, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF TAPRESEARCH OR ANY OF THE RELATED PARTIES NAMED ABOVE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE TOTAL LIABILITY OF TAPRESEARCH, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THE SITES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SITES OR THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, ACTIONS BASED ON NEGLIGENCE) OR OTHERWISE, EXCEED ONE HUNDRED AND FIFTY DOLLARS ($150). ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SITES OR THESE GENERAL TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.
Indemnity
You represent and warrant that any content and information you post, communicate or transmit to or via the Sites is legal, accurate, not defamatory and owned or licensed by you. You are responsible for any such content and other information. You agree to defend us, indemnify us and hold us harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Sites; (ii) any violation of these General Terms or applicable law; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your submissions caused damage to a third party. This defense and indemnification obligation will still apply even if these General Terms change or you stop using the Sites.
Choice of Law and Arbitration
These General Terms, our contract and any dispute arising out of or related to these General Terms, our contract or the Sites, shall be governed by California law, not including conflicts of law principles. Any dispute shall be finally settled by arbitration under the rules and auspices of JAMS in California, except that either party may seek injunctive relief in any court of competent jurisdiction. If and to the extent you are using the Sites for your own private household purposes, you can request that we (1) conduct arbitration in the capital of your home country, and (2) advance that portion of the arbitration fees that exceed the amount you would have to pay to litigate the case in court (as substantiated in a written application by you). The party that ultimately prevails in arbitration or courts shall be entitled to reimbursement for arbitration and court fees as well as reasonable attorneys’ fees.
Class Action Waiver.
Any arbitration or court trial, whether before a judge or jury or pursuant to judicial reference, related to any claim under these General Terms will take place on an individual basis, without resort to any form of class or representative action (“Class Action Waiver”). THIS CLASS ACTION WAIVER PRECLUDES ANY PARTY FROM PARTICIPATING IN OR BEING REPRESENTED IN ANY CLASS OR REPRESENTATIVE ACTION REGARDING A CLAIM UNDER THESE GENERAL TERMS. Regardless of anything else herein, the validity and effect of the Class Action Waiver may be determined only by a court and not by an arbitrator.
DO
DO NOT
circumvent any technical protection measures to access information on the Sites or attempt to interfere in any way with the Sites’ or TapResearch’s network security
use robots, spiders, scrapers or any other technologies except industry-standard browsers (like Google Chrome, Firefox, Internet Explorer, etc.) to access our Sites
share User IDs and passwords with third parties
submit, store or transfer:
any material that is copyrighted, protected by trade secret or otherwise subject to third party intellectual property rights
false information or misrepresent information in any ways that could damage us or any third party
material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law
material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs
use another person’s account, impersonate another person, or collect any personal information of any other user of the Sites
interfere with or disrupt the integrity or performance of the Sites or the data contained therein
attempt to gain unauthorized access to the Sites or any of our systems, networks or accounts
resell or charge others for use of or access to the Sites or our services
engage in any conduct which may constitute a criminal offense, give rise to civil liability, or otherwise violate any law or regulation
engage in any fraudulent activity, including but not limited to speeding through surveys, taking the same survey more than once, submitting false or untrue survey data, or redeeming or attempting to redeem rewards, prizes or incentives through false or fraudulent means
copy or distribute any part of the Sites in any medium.
Last Modified: March 29, 2021.
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