3. General Rules of Conduct

Your use of the Services is subject to all applicable local, state, national and international laws and regulations, and you agree not to violate such laws and regulations. In addition, you agree that:

• you will not interfere with another member's use and enjoyment of the Services;
• you will not interfere with or disrupt the security measures of the Services;
• you will not interfere with or disrupt networks connected to the Services, and will comply with all regulations, policies and procedures of such networks; and
• you will comply with United States law regarding the transmission of technical data exported from the United States.

You further agree that you will not use the Services to:

• send or result in the transmission of pornographic, obscene, offensive, threatening, harassing, libelous, harmful, hate-oriented, defamatory, racists, illegal, junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming";
• send any materials, including surveys and requests to take surveys, to any persons under the age of 18 years unless and until you have taken and followed all necessary action and compliance pursuant to state and federal laws;
• promote or generate revenue for any business or commercial purposes, whether or not for a charge or through linking with any other web services or pages, unless authorized by SurveySquare.com;
• upload or distribute in any way any files that contain corrupted files or viruses or any similar software or programs that may damage the operation of anyone else’s computer, the Service or the Site;
• impersonate any person or entity;
• intentionally or unintentionally violate any applicable local, state, national or international law;
• "stalk" or otherwise harass another; or
• collect or store personal data about other users.

If you engage in any activity set fort in the preceding paragraph or violate any terms or conditions of these Terms of Agreement, your account will be terminated along with the use of the Service and Site. We will report any unlawful conduct to the appropriate authorities and turn over any and all information regarding such activity to the appropriate persons or entities.

4. SurveySquare.com’s Proprietary Rights

All Services software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, database, proprietary information and all copyrightable or otherwise legally protectible elements of the Services, including, but not limited to, the selection, sequence and 'look and feel' and arrangement of items, and all trademarks, service marks and trade names, excluding any of your Postings (individually and/or collectively, "Material"), are the property of SurveySquare.com, its subsidiaries, affiliates, licensors or suppliers and are legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign, laws, regulations and treaties. The compilation of all content on each site is the exclusive property of SurveySquare.com. You may not reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party web site), or otherwise use, any materials contained on the Services (except for your Postings) without the express prior written consent of SurveySquare.com or its owner if SurveySquare.com is not the owner. In particular, you may not frame any Material without the express prior written consent of SurveySquare.com or the Material owner.

While your account is active and in good standing, you will have the right to access your surveys, survey responses, survey results and related survey data, and you assume the entire risk of disclosing such content to third parties. You must not alter, delete or conceal any copyright or other notices contained on the Services, including notices on any Material you download, transmit, print or reproduce from the Services. Any unauthorized or prohibited use of any Material, may subject you to civil liability or criminal prosecution, or both, under applicable federal and state laws. You further agree not to access the Service by any means other than through the interface that is provided by SurveySquare.com for use in accessing the Service.

5. Promotions

Some of our Services may from time to time conduct promotions, including, but not limited to, contests and sweepstakes ("Promotions"). Each Promotion will have additional terms, conditions and rules which will be posted or otherwise made available to you and, for purposes of each Promotion in which you participate, will be deemed incorporated by reference into these TOA (and therefore a part of your agreement with SurveySquare.com).

We will automatically renew and charge your account upon the expiration date of your subscription. Additionally, we will charge your account for additional survey response credits unless you have selected “OFF” for the auto-renew in the Account Information page. The renewal charge will be equal to the original subscription price, unless we notify you otherwise in advance. You may cancel your subscription at any time by selecting the ”Unsubscribe” button in the Account Information page in SurveySquare.com. Upon receipt of your cancel selection, we will promptly terminate your access to the Services. No refunds of subscription fees will be given. If payment cannot be charged to the credit card you have on file with us, we reserve the right to suspend or terminate your account and access to the Services. We reserve the right to terminate your subscription and/or discontinue Services at any time for any reason.

10. Service Deactivation or Termination

We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:

• Restrict, suspend or terminate your access to all or any part of our Services;
• Refuse, move or remove for any reason any material that you submit on or through the Services;
• Refuse, move, or remove any content that is available on or through the Services;
• Deactivate or delete your accounts and all related information and files (Including surveys, responses and email addresses in your account;
• Establish general practices and limits concerning use of the Services

We may take any of the above actions for any legitimate business reason, as determined by SurveySquare.com in its sole discretion, including, but not be limited to, (a) breaches or violations of the TOA or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the Services (or any part thereof), and (e) unexpected technical or security issues or problems. You agree that we will not be liable to you or any third party for taking any of these actions.

11. Indemnification

You hereby agree to indemnify, defend and hold SurveySquare.com, its subsidiaries, parent corporation and affiliates, and all of their respective officers, directors, owners, employees, agents, licensors, representatives, licensors and suppliers (collectively, the "SurveySquare.com Parties"), harmless from and against any and all liability, losses, expenses, damages and costs (including attorneys' fees), incurred by any SurveySquare.com Party in connection with any claim arising out of your use of the Services, any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you, the content you submit, post, transmit or make available through the Services, your violation of these TOA, your connection to the Services, or your violation of the rights of any other person or entity.

SurveySquare.com reserves the right to assume, at its sole expense, the exclusive defense and control of any claim, action or other matter for which you are required to indemnify us, and all negotiations for settlement or compromise thereof, and you agree to fully cooperate with SurveySquare.com in the defense of any such claim, action, settlement or compromise negotiations, as requested by SurveySquare.com.

14. Miscellaneous

General. This site is created, controlled and operated by SurveySquare.com in the USA, and is intended solely and exclusively for residents of the United States, its territories and possessions who are at least 13 years of age or older. If you choose to access this site from another location, you are responsible for complying with local laws, if and to the extent that local laws apply.

Entire Agreement. These TOA, including the policies referred to in these TOA, constitute the entire agreement between you and SurveySquare.com and govern your use of the Services, superceding any prior agreements between you and SurveySquare.com. As noted above, you also may be subject to additional terms and conditions that may apply when you use or purchase certain other SurveySquare.com services, affiliate services, third-party content or third-party software. These TOA cannot be changed or terminated orally.

Assignment. You agree that the TOA may be automatically assigned, in whole or in part, by SurveySquare.com or its affiliate to a third party, in our sole discretion, in connection with a merger, acquisition, reorganization or sale of substantially all of our assets, in whole or in part.

Choice of Law and Forum. The formation, construction and interpretation of this agreement shall be controlled by the laws of the State of Kansas, giving no effect to choice of law provisions. Any dispute relating to this agreement shall be subject to the exclusive jurisdiction of the state and federal courts in Kansas City, Kansas, U.S.A., and the parties agree to submit to the personal and exclusive jurisdiction of these courts.

No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this TOA, there shall be no third party beneficiaries to this Agreement.

Waiver and Severability of Terms. The failure of SurveySquare.com to exercise or enforce any right or provision of the TOA shall not constitute a waiver of such right or provision. If any provision of the TOA is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOA remain in full force and effect.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOA must be filed within one (1) year after such claim or cause of action arose or be forever barred.