His Razor Talk Community user agreement
This User Agreement (this "Agreement") applies to your access to, and use of, His Razor Talk COMMUNITY web site at www.hisrazortalk.com (the "Site") and the research ("Research") conducted on the Site (the "Service"). The Site, the Service, Drawings (as defined below) and any other services provides on the Site are referred to in this Agreement collectively as the "Services." Within this Agreement, 360 Market Reach may also be referred to as "Sponsor", "we", "us", "our", or other similar pronouns.
Please read this Agreement carefully. 360 Market Reach is only willing to make the Services available to you if you accept and abide by the terms of this Agreement. By accessing or using the Services, you enter into a binding legal agreement between you and 360 Market Reach, consisting of this Agreement and all terms, policies, and guidelines referenced in this Agreement. If you do not agree to any provision of this Agreement, you should not access or use the Services.
The Service allows persons who meet its eligibility requirements to register for its user panel (the "Panel"). Panel members may participate in research on the Site. Panel members who complete Research in accordance with this Agreement and with any other policies and guidelines for participation in the Service that 360 Market Reach may make available from time to time may be eligible to win gift cards or other incentive prizes (the "Drawings"). Participation in any Drawings is subject to the following official rules.
Official Rules for Prizes that may be given
NO PURCHASE NECESSARY TO ENTER OR WIN. Open only to legal residents of the fifty (50) United Sates and the District of Columbia, 18 years of age or older. Void where prohibited. Employees (and their immediate families (parent, child, spouse or sibling and their respective spouses, regardless of where they reside) and those living in their same households, whether or not related) of 360 Market Reach, and its respective parents, affiliates, subsidiaries and advertising and promotion agencies are not eligible to enter or win. By participating, entrants agree to be bound by these official rules ("Rules"), the Agreement, and the decisions of the judges and/or Sponsor, which are binding and final on matters relating to the Drawings. Drawings are subject to all applicable federal, state and local laws.
Potential winners will be notified by mail, phone, and/or email. If any potential winner is at least 18 but still considered a minor in his/her jurisdiction of residence, prize may be awarded in the name of his/her parent or legal guardian who will be responsible for fulfilling all requirements imposed on winners set forth herein.
Specific prize details for an individual Drawing, including approximate retail value for the prize, will be available at the Site or the Invitation Email prior to the specific Individual Drawing Period for the individual Drawing.
GENERAL PRIZE CONDITIONS:
360 Market Reach Parties (as defined below) are not responsible for lost, late, incomplete, inaccurate, stolen, misdirected, undelivered, garbled, illegible or postage-due mail or entries; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with a prize, including, without limitation, errors or difficulties which may occur in connection with the administration of a Drawing, the processing of entries, the processing of Panel memberships, the announcement of the prizes or in any prize-related materials. 360 Market Reach Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in a prize given. 360 Market Reach Parties are not responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating in a prize or downloading materials from or use of the Site. Persons who tamper with or abuse any aspect of a prize or the Site or who are in violation of these Rules, as solely determined by Sponsor, will be disqualified and all associated entries will be void. Should any portion of a Prize be, in Sponsor's sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, or should a Prize be unable to run as planned for any other reason, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Prize and, if terminated, at its discretion, select the potential winner(s) for the Prize(s) at issue from all eligible, non-suspect entries received for the applicable Prize(s) prior to action taken or as otherwise deemed fair and appropriate by Sponsor. Entrants, by participating, agree that Sponsor and their respective parents, affiliates, subsidiaries and advertising and promotion agencies and all of their respective officers, directors, employees, representatives and agents (collectively, "360 Market Reach Parties") will have no liability whatsoever for, and shall be held harmless by entrants against, any liability, for any injuries, losses or damages of any kind, including death, to persons, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in a Prize. Each winner, by acceptance of prize, except where legally prohibited, grants permission for Sponsor and its designees to use his/her name, address (city and state), photograph, voice and/or other likeness and prize information for advertising, trade and promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE SITE OR UNDERMINE THE LEGITIMATE OPERATION OF A PRIZE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY SUCH INDIVIDUAL AND RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS' FEES) AND OTHER REMEDIES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
What are Points?
360 Market Reach values our members' opinions, and to show our appreciation, 360 Market Reach may offer incentives in the form of credits called "Points", which are credited to your account maintained by 360 Market Reach. Points will accumulate towards online gift certificates.
Points will be credited to your account only through your participation in activities authorized by 360 Market Reach, which include, but are not limited to, registration as a panelist, completion of demographic profiles and completion of qualitative or quantitative marketing research activities performed by 360 Market Reach, and only in accordance with the specific incentive offer disclosed for each activity. Specifically, you may earn points as follows:
360 Market Reach will maintain a record of the Points credited to and debited from your account. Although 360 Market Reach makes every effort to ensure that accounts are credited correctly, it is your responsibility to verify that your Points have been credited properly. If you feel the incentive amounts credited to your account are incorrect, you must contact 360 Market Reach by email within 60 days following our alleged error in gift card delivery and explain in full the basis of your dispute, attaching any relevant information which offers evidence of the discrepancy. Upon receipt of your notice, we will investigate your claim and notify you of our decision to adjust or maintain the amount of Points credited to your account, as we deem appropriate, within Sixty (60) days. If we need additional time to decide your claim, we will notify you and will endeavor to render a decision as soon as reasonably practicable. Any decision by us with regard to such a claim will be final.
Service Eligibility and Registration
The Service may be used only by persons 18 years of age or older who are legal residents of the United States or the District of Columbia, and are not enrolled in any other community, panel or communication service that is operated by 360 Market Reach (i.e. members can only be enrolled in one community managed by 360 Market Reach). The Service is not intended for the use of children under 18 years of age. Use of the Service is void where prohibited.
By accessing or using the Service, you represent and warrant that you meet the eligibility requirements in this paragraph and are fully able and competent to enter into, and abide by, the terms of this Agreement.
In order to participate in a Panel, you are required to register for an account ("Account") and be accepted by 360 Market Reach as a Panel member. If you choose to register for an Account, you agree to: (a) provide true, accurate and complete information about yourself as prompted by the registration form; and (b) maintain and promptly update such information to keep it true, accurate, current and complete as permitted through the functionality of the Site. You acknowledge and agree that 360 Market Reach will have no liability associated with or arising from your failure to maintain accurate registration information, including, without limitation, your failure to receive important information and updates about the Services. If 360 Market Reach has reasonable grounds to suspect that the information you provided on the registration form or otherwise is untrue, inaccurate or incomplete, 360 Market Reach may suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof) by you.
360 Market Reach reserves the right, in its sole discretion, to accept or reject Panel members. After you register for an Account, your registration will not be complete until you receive written confirmation from 360 Market Reach that you are accepted as a Panel member. You acknowledge that 360 Market Reach shall have no liability to you for rejecting a registration.
As a part of your Account registration, you will establish a username and password. Your password is used to authenticate you when you use the Services. They act as your signature. For your protection, you should memorize your password and not keep notation of them on or with your personal computer. Your password helps to ensure that only you, or someone you have authorized to use your Account by giving them your username and password, can access your Account.
You agree not to give your username and password to anyone you do not authorize to use your Account. You are responsible for all use of your Account and for ensuring that use of or access to your Account complies fully with this Agreement. You acknowledge and agree that any use of Services occurring through your username and current password shall be deemed to be your actions and that 360 Market Reach may rely upon such actions. You are solely responsible for protecting the confidentiality of your password.
Fees for the Service
There is no fee to participate in the Service. However, you are solely responsible for providing any hardware, systems and software programs you use to access to the Services, and any associated fees, charges and expenses. For example, you are required to obtain at your own cost a compatible personal computer, an Internet access plan from a service provider and a valid email address.
The Site may enable you to contact friends and family via email communications so that they may receive information about the Service. 360 Market Reach will use and store any such information provided by you solely to facilitate your communications to your friends and family. You acknowledge that you may only initiate such communications to persons with whom you have a personal relationship as a friend or family member. You represent and warrant that you have obtained the consent of each friend or family member prior to providing us with his or her contact information. A friend or family member must be a permanent, legal resident of the 50 United States or the District of Columbia, who is at or above the legal age of majority in their jurisdiction of residence. The contact information for a friend or family member must be valid and functioning in order for us to facilitate your communications. 360 Market Reach will not be responsible for validating friend or family member contact information. 360 Market Reach may elect NOT to communicate with any friend or family member you have designated and/or any email address if he or she or that email address appears to be on any 360 Market Reach "do not contact" or "do not email" list. In addition, 360 Market Reach reserves the right to reject any friend or family member you have designated if: (a) the contact information provided for that friend or family member is incorrect or invalid; (b) that friend or family member has violated any provision of this Agreement; or (c) 360 Market Reach determines that the inclusion of that Friend may be harmful to 360 Market Reach, the Site, the Service or any third party, inconsistent with any laws, rules, regulations or other legal requirements, or for any other reason, as 360 Market Reach may determine in its sole discretion. 360 Market Reach specifically disclaims any liability for exercising such right. You acknowledge that you are responsible for ensuring your use of the Refer-a-Friend feature complies with all applicable laws, rules and regulations.
Your ability to participate in the Services is expressly conditioned upon your compliance with this Agreement and with all policies and guidelines applicable to the Services that 360 Market Reach may make available from time to time. In the event of your noncompliance, fraud or other inappropriate activity (as determined by 360 Market Reach in its sole discretion), 360 Market Reach may cancel or invalidate your Prize eligibility, deny redemption of Prize prizes, or restrict, block, limit, and prevent your access to and use of the Services and, further, all Prize prizes, incentives and rewards shall be subject to forfeiture. Furthermore, members agree that they are enrolled on an “at will” basis, meaning that they can request to be removed from a community at any time, for any reason. Conversely, 360 Market Reach reserves the right to terminate participation, enrollment or continuation of services for a member at any time and at their sole discretion.
Without limiting the generality of the foregoing, the following requirements apply to your use of the Services:
You may provide information to 360 Market Reach in connection with your participation in market research or otherwise in connection with the Service, including survey responses, ideas, feedback, or other information or content ("User Content"). If you provide any User Content, unless 360 Market Reach expressly indicates otherwise, you grant 360 Market Reach and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media, without notice, acknowledgement or compensation to you.
By providing any User Content, you represent and warrant that you have the lawful right to provide it, and that it is accurate and complete. You must not provide any User Content that: is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, false, inaccurate, misleading, fraudulent, or impersonates or misrepresents an affiliation with any person or entity; would violate an obligation of confidentiality or the rights of any person or entity, or that would otherwise create liability or violate any local, state, national, or international law; may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any person or entity; contains any private information of any person or entity, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers; contains any viruses, corrupted data or other harmful, disruptive, or destructive files or information; or in the sole judgment of 360 Market Reach, is objectionable, does not reflect your good faith efforts to be responsive to survey or market research questions, or which may expose 360 Market Reach or its licensors or suppliers to liability of any type.
Copyright and Limited License
The Services and all content and other materials contained on or within the Services, including, without limitation, the 360 Market Reach logo, and all information, content, designs, text, graphics, information, data, software, other files, and the selection and arrangement thereof (collectively, the "Content"), are the proprietary property of 360 Market Reach. If you comply with all the terms and conditions of this Agreement, 360 Market Reach grants you a limited, revocable, non-transferable, and non-exclusive license to access and use the Services, solely for your personal, non-commercial purposes. Except for those rights expressly granted in this Agreement, no other rights are granted, either express or implied, to you under this Agreement. Unless explicitly stated in this Agreement, nothing in this Agreement will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time. Any use of the Services or any Content other than as specifically authorized in this Agreement, without the prior written permission of 360 Market Reach, is strictly prohibited and will terminate the license granted in this section. Unauthorized use may also violate applicable laws and regulations, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes, and the rights of 360 Market Reach and of third parties. Copyright Infringement Claims 360 Market Reach respects the rights of all copyright holders and in this regard 360 Market Reach has adopted and implemented a policy that provides for notification and removal of content that allegedly infringes the rights of copyright holders. If you believe that your work has been copied at the Site in a way that constitutes copyright infringement, please provide 360 Market Reach. Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. §512:
Please note that under the same law any person who knowingly materially misrepresents that material or activity is infringing may be liable for damages, including costs and attorneys' fees.
Any logo, and any other product or service name or slogan contained in any Content or otherwise within the Services are trademarks of 360 Market Reach and its clients, and may not be copied, imitated or used, in whole or in part, without the prior written permission of 360 Market Reach or the applicable trademark holder. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Services or in any Content are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by 360 Market Reach.
Third Party Web Sites
The Site may include and permit you to link or direct connections to third party websites, content and resources. You acknowledge that 360 Market Reach has no control over any such third party websites, content or resources, which are made available by companies or persons other than 360 Market Reach. You acknowledge and agree that 360 Market Reach is not responsible for the availability of any such third party websites, content or resources. You further acknowledge that 360 Market Reach is not liable to you for any loss or damage which may be incurred by you as a result of these third party websites, content or resources.
Disclaimer of Warranties
YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, IS AT YOUR SOLE RISK. THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. 360 MARKET REACH AND THE 360 MARKET REACH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NEITHER 360 MARKET REACH NOR ANY OTHER 360 MARKET REACH PARTY WARRANT UNINTERRUPTED USE, OPERATION, OR AVAILABILITY OF THE SERVICES OR ANY CONTENT, OR THAT ANY SUBMISSION OR TRANSACTION REQUEST YOU ATTEMPT USING THE SERVICES WILL BE SUCCESSFUL, UNCORRUPTED, OR COMPLETED WITHIN A REASONABLE AMOUNT OF TIME. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DELAY OR LOSS OF ANY KIND THAT RESULTS FROM YOUR ACCESS TO, OR USE OF, THE SERVICES AND THE CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 360 MARKET REACH OR ANY OTHER 360 MARKET REACH PARTY THROUGH OR FROM THE SERVICES, WILL CREATE ANY WARRANTY REGARDING THE SERVICES THAT IS NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
Limitation of Liability
NEITHER 360 MARKET REACH, ANY 360 MARKET REACH PARTY NOR ANY CLIENT OF 360 MARKET REACH WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF 360 MARKET REACH, A 360 MARKET REACH PARTY OR ANY CLIENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICES OR ANY CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THE MAXIMUM TOTAL LIABILITY OF 360 MARKET REACH AND ALL OTHER 360 MARKET REACH PARTIES TO YOU FOR ALL CLAIMS UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS 100 UNITED STATES DOLLARS ($100 USD). EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, original or creative materials, or other information or content provided by you to 360 Market Reach, to the extent it is not User Content, will become the sole property of 360 Market Reach. 360 Market Reach will own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of such information and content for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Further, you hereby grant to 360 Market Reach a perpetual and irrevocable license to use such information and content for any purpose.
Notwithstanding any term of this Agreement, 360 Market Reach reserves the right, without notice and in its sole discretion, to discontinue or terminate any of the Services, to terminate your license to use the Services, to delete any Panel registrations or other accounts, to cancel Prizes without redemption, and to restrict, block, limit, and prevent your access to and use of the Services. Any termination or other action by 360 Market Reach described in this paragraph will not limit any other remedies 360 Market Reach may have against you at law or equity.
Updates to this Agreement
360 Market Reach reserves the right, in its sole discretion, to modify this Agreement at any time with or without further notice to you. You can always find the most recent version of this Agreement at the Site. 360 Market Reach may change this Agreement by posting a new version at the Site, without notice to you, so please continue to review this Agreement from time to time. The most recent modification date will be noted by the "Effective Date" below. To the fullest extent permitted under applicable law, your continued use of Services after any such modification constitutes your acceptance of this Agreement as modified. If you register for or use additional features available as a part of the Services, additional terms and conditions, rules, policies and disclaimers may apply.
General Legal Notices
By accessing or using the Services, you consent to receiving electronic communications from 360 Market Reach. These communications may include notices about your account and information concerning or related to the Services. You agree that any notices, agreements, disclosures, or other communications that 360 Market Reach sends to you electronically will satisfy any legal communication requirements, including any requirement that communications be in writing.
Nothing in this Agreement will be construed as creating a joint venture, partnership, employment or agency relationship between you and 360 Market Reach, and you do not have any authority to create any obligation or make any representation on 360 Market Reach’s behalf.360 Market Reach’s failure to act in a particular circumstance does not waive its ability to act with respect to that circumstance or similar circumstances. Any provision of this Agreement that is found to be invalid, unlawful, or unenforceable will be severed from this Agreement, and the remaining provisions of this Agreement will continue to be in full force and effect. Any provisions in this Agreement that by their nature should survive the termination of this Agreement (including, without limitation, provisions governing indemnification, limitations on liability, disclaimers of warranty, and ownership of intellectual property) will continue to remain in full force and effect after the termination of this Agreement.
You agree to indemnify, defend and hold harmless the 360 Market Reach from any loss, liability, claim, or demand, including costs and reasonable attorneys' fees, made by any third party due to, in connection with or arising out of your use of the Services or arising from your breach of this Agreement, including any representation or warranty set forth herein, your violation of applicable laws, or your violation of any rights of another person or entity. As a part of your indemnification obligations, you agree to indemnify the 360 Market Reach Parties for any claims or suits arising from User Content you provide.
This Agreement is governed by the laws of the Commonwealth of New York excluding conflicts of law principles.
This Agreement, including all terms, policies, and guidelines referenced in this Agreement, is the entire agreement between you and 360 Market Reach concerning the Services. This Agreement supersedes all prior agreements or communications between you and 360 Market Reach regarding the subject matter of this Agreement.
Contacting 360 Market Reach
Questions or comments on the Site or the Prizes can be directed to:
This Agreement is effective as of January 20, 2015 and will remain in effect until a time comes that the Site is disabled or this Agreement is edited for any reason.