Our lawyers worked really hard on it.
Our lawyers worked
really hard on it.
NOTICE OF ARBITRATION
Welcome to MySoapBox™, the website (the “Website”) of SoapBoxSample™ (the “Company”). Where appropriate, the term “Company” refers both to the Company and its affiliates.
1. USE OF THE WEBSITE
We provide services to you that generally have to do with a wide of array of research ("Research"). The Website contains (or provides access to) a variety of Research opportunities including, without limitation, surveys, focus groups, in home tests, advertisement effective research as well as various forums, bulletin boards, chat areas, message boards, news groups, communities, personal web pages, information, blogs, images, text and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a specific group of people. You acknowledge that your participation and use of the Website and our services does not constitute the provision of services to us (nor to any third party with whom we conduct business). By participating in our services, you do so voluntarily (without our control or direction) and you will always exercise independent judgment and discretion throughout the course of your participation. Your participation in any of the services provided on the Website is strictly voluntary and not based on your desire to share opinions and provide feedback in exchange for payment. You further acknowledge that whenever we (or any third party) offer you consideration (of any type) in connection with your participation in Research (or our services generally), the value of such consideration is based on a number of factors including, without limitation, the subject matter of Research, the subject matter and the demographic targeted by the Research activity. Whenever consideration is offered in exchange for your Research participation, you understand that the value of such consideration is not based solely on time spent by you on Website activities nor is it calculated on a pro-rated hourly basis.
You agree to use the services we provide to you only for lawful purposes as set forth (without limitation) below:
- You agree not to do any of the following: (1) upload to or transmit on the Website any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (2) use the Website to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (3) intercept or attempt to intercept content or messages not intended for you; (4) misrepresent an affiliation with, or otherwise impersonate, any person or organization; (5) upload to or transmit on the Website any advertisements or solicitations of business; (6) restrict or inhibit use of the Website by others, including disrupting the normal flow of dialogue, causing a screen to scroll faster than other users are able to type, or otherwise acting in a way which affects the ability of other people to engage in real time activities via the Website; (7) upload or otherwise transmit files that contain a virus or corrupted data; (8) collect information about others (including e-mail addresses) without their consent; (9) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the Website or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Website); (10) post “spam,” transmit chain letters or engage in other similar activities; (11) advocate illegal activity or discuss an intent to commit an illegal act; (12) seek to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (13) disobey any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of the Website or any networks connected to the Website; (14) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded; or (15) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by the Company, may harm the Company or users of the Website or expose them to liability.
- You understand and acknowledge that you are responsible for whatever content you submit, and you, not the Company, have full responsibility for such content, including its legality, reliability and appropriateness. By uploading or otherwise transmitting material to any aspect of the Website, you warrant that the material is your own, is in the public domain or otherwise free of proprietary or other restrictions and that you have the right to post it to the Website. You grant the Company the right to use all content you upload or otherwise transmit to the Website in any manner the Company chooses, including, but not limited, to copying, displaying, performing or publishing it in any format or media whatsoever, or modifying it, incorporating it into other material or making a derivative work based on it.
- Any content and/or opinions uploaded, expressed or submitted to a message board, blog, chatroom or any other publicly available section of the Website (including password-protected areas), and all articles and responses to questions, other than the content provided by the Company, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of the Company. All information publicly or privately transmitted through the Website is the sole responsibility of the person from whom such information originated, and the Company will not be liable for any error or omissions in content. The Company cannot guarantee the identity of any other users with whom you may interact in the course of using the Website or the authenticity of the data provided by other users.
- The Company reserves the right, but does not assume any responsibility, to (i) remove any material posted on the Website which the Company, in its sole discretion, deems inconsistent with the foregoing commitments, including any material the Company has been notified, or has reason to believe, constitutes a copyright infringement; (ii) terminate any user’s access to all or part of the Website; and (iii) reformat, excerpt or translate any content submitted by users. However, the Company can neither review all material before it is posted on the Website nor ensure prompt removal of objectionable material after it has been posted. Accordingly, the Company assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. The Company reserves the right to take any action it deems necessary to protect the personal safety of users of the Website and the public; however, the Company has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.
- To access the Website, you may be asked to provide certain registration details, including, but not limited to your first and last name, address, and age. You must be at least thirteen (13) years old to access and use the Website. It is a condition of your use of the Website that all the information you provide on the Website will be correct, current and complete.
2. TERMINATION OR RESTRICTION OF ACCESS
3. COPYRIGHT RESTRICTIONS/USE OF CONTENT
The Website (including all information, software, text, displays, images and audio) is proprietary to the Company or its affiliates and licensors and is protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the material on the Website without the prior written consent of the Company, except to: (a) store copies of such materials temporarily in RAM, (b) store files that are automatically cached by your web browser for display enhancement purposes, and (c) print a reasonable number of pages from the Website; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Neither the title to nor any intellectual property rights in any information or material on the Website are transferred to you, but remain with the Company or the applicable owner of such content. Except as expressly authorized by the Company in writing, you may not reproduce, sell or exploit for any commercial purposes (x) any part of the Website; (y) access to the Website; or (z) use of the Website.
4. TRADEMARKS AND PROPRIETARY INFORMATION
The names SoapBoxSample, MySoapBox, the Company logo, and any and all related names, logos, product and service names, designs and slogans are trademarks of the Company and/or its affiliates. The SOAPBOX trademark is owned by Calign, Inc. and is used under license. You may not use such marks without the prior written permission of the Company. All other names, brands and marks are used for identification purposes only and may be the trademarks of their respective owners. The Company and any party that provided trademarks, service marks, logos and copyrighted works to the Company retain all rights with respect to any of their respective trademarks, service marks, logos and copyrighted works appearing on the Website. All rights are reserved.
The material and content provided by the Company through the Website (the “Content”) is owned by the Company or the party that provided or licensed the Content to the Company, whereby such providing party retains all right, title and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted or transmitted in any way without the prior written consent of the Company.
5. LIMITED LICENSE; RESTRICTIONS ON USE
The Company hereby grants you a limited, non-exclusive, non-transferable license to access and use the Website and the Content associated with the Website provided by the Company. You agree that you will not, and will not allow any third party to: (a) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Website, unless otherwise permitted, (b) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management functionality) contained in the Website, (c) use the Website to access, copy, transfer, transcode or re-transmit content in violation of any law or third party rights, or (d) remove, obscure, or alter the Company’s or any third party's copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Website.
YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE CONTENT AND WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT: (A) YOUR USE OF THE WEBSITE WILL MEET YOUR REQUIREMENTS; (B) YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; OR (D) DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE WEBSITE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
The Company will not be liable for any material posted by users on message boards and forums. The Company has the option, but not the responsibility, to remove any messages it deems offensive or harmful, but is not liable if it fails to do so.
7. LIABILITY OF THE COMPANY AND ITS LICENSORS
IN NO EVENT WILL THE COMPANY OR ITS LICENSORS, CONTRACTORS OR THIRD PARTY VENDORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, THE CONTENT, ANY OTHER SERVICES PROVIDED ON OR THROUGH THE WEBSITE OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOST PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE OF GOODS OR SERVICES OR OTHER INTANGIBLE LOSS; OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEBSITE OR THE CONTENT OR SERVICES, WHETHER OR NOT THERE IS NEGLIGENCE BY THE COMPANY AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
9. PRIVACY; PROTECTION OF PERSONAL INFORMATION AND SECURITY
Any passwords used for the Website are for individual use only. You will be responsible for the security of your password (if any).
10. COMMENTS AND SUBMISSIONS
The Company welcomes your comments. All comments, suggestions or other information sent by you for internal use by the Company or its advertisers or business partners in response to solicitations through the Website will become the Company’s property and you agree that all intellectual property rights therein are transferred to the Company. You understand that any postings, or content submitted for posting, to publicly available portions of the Website are nonconfidential for all purposes.
You hereby grant to the Company the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics or other information communicated to the Company related to the performance, use or operation of the Website (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. The Company will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products, services or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Company operations.
11. THIRD PARTY LINKS
The Website may link to other websites which are not maintained by or related to the Company. Hyperlinks to such websites are provided as a service to users and are not sponsored by or affiliated with the Website or the Company, and the Company has not reviewed any or all of such websites and is not responsible for the content of those websites. The Company is not responsible for and does not endorse the content, products, services or practices of any third party websites, including, without limitation, websites framed within the Website or third party advertisements, and does not make any representations regarding their quality, content or accuracy. The Company makes no representation or warranties as to the security of any third party website and your use of third party websites is at your own risk and subject to the terms and conditions of use for such websites.
You acknowledge and agree that the Company has no responsibility or liability for the availability of such external services or websites.
The owner of the Website is based in the State of California, USA. The Company makes no representation that materials on the Website are appropriate or available for use in other locations. If you access the Website from other locations, you are responsible for complying with local laws.
13. COPYRIGHT CONCERNS / DMCA NOTICE
Company respects the intellectual property rights of others and encourages you to do the same. Accordingly, Company has a policy of removing Content that violates the intellectual property rights of others, suspending access to this Website (or any portion thereof) to any user who uses this Website in violation of someone’s intellectual property rights, and/or terminating in appropriate circumstances the account of any user who uses this Website in violation of someone’s intellectual property rights.
Pursuant to Title 17 of the United States Code, Section 512, We have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright or other intellectual property right is being infringed by a user of this Website, please provide written notice to our Agent for notice of claims of infringement:
Attn: Interviewing Service of America, LLC
DMCA Agent: Material Holdings (fka LRW Group)
To be sure the matter is handled immediately, your written notice must:
- Contain your physical or electronic signature;Identify the copyrighted work or other intellectual property alleged to have been infringed;Identify the allegedly infringing material in a sufficiently precise manner to allow Company to locate that material;Contain adequate information by which Company can contact you (including postal address, telephone number, and e-mail address);Contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner's agent or the law;Contain a statement that the information in the written notice is accurate; andContain statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.
Unless the notice pertains to copyright or other intellectual property infringement, the Agent will be unable to address the listed concern.
SUBMITTING A DMCA COUNTER-NOTIFICATION
Company will notify you that Company has removed or disabled access to copyright- protected material that you provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, you may provide our Agent with a written counter-notification that includes the following information:
- Your physical or electronic signature;Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; andYour name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Company may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
TERMINATION OF REPEAT INFRINGERS
Company reserves the right, in Company’s sole discretion, to terminate the account or access of any user of this Website who is the subject of repeated DMCA (or other infringement notifications) or any violations of our posted notices, policies, agreements and/or applicable laws.
Notwithstanding the foregoing, any additional terms and conditions on this Website will govern the items to which they pertain.