By agreeing to be a part of Mk Research Panels you will have access to the Mk Research panel services through its sites including but not limited to mkresearchpanels.com.
As a panelist, you agree to abide with the following Terms of Service. If you do not agree to these Terms of Service, you should not use our panel services.
Mk Research Panels reserve the right, at our discretion, to change, modify, add or remove portions of these Terms of Service at any time. Please review the Terms of Service periodically for changes.
Your continued use of any of the Panel Services following the posting of changes to these Terms of Service will mean you agree to abide by those changes.
When using these Services, you shall be subject to any posted guidelines or rules applicable to such Services in addition to these Terms of Service.
USE OF PANEL SERVICES BY YOU
In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Mk Research Panels will always be accurate, correct and up to date. You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Mk Research Panels unless you have been specifically allowed to do so in a separate agreement.
You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). Unless you have been specifically permitted to do so in a separate agreement with Mk Research Panels, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose. You agree that you are solely responsible for (and that Mk Research Panels has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Mk Research Panels may suffer) of any such breach.
MEMBER CONDUCT
You understand that all information, photographs, graphics, artwork, software, music, sound, video or any other materials or communications ("Content"), which includes any materials that you post, submit, upload or otherwise provide to any Site ("User Materials") are your responsibility and not Mk Research Panels’. Mk Research Panels does not control, monitor or edit the Content posted by individual users and, as such, does not guarantee the accuracy, integrity or quality of such posted Content, but reserves the right to remove any content or refuse the transmission of any Content. You understand that by using the Panel Services and Services, you may be exposed to Content that you may consider offensive, indecent or objectionable. Under no circumstances will Mk Research Panels be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via any Service.
You bear all the risks associated with the use of or exposure to any Content. You acknowledge and agree that Mk Research Panels may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) enforce the Terms of Service; (b) respond to claims that any Content violates the rights of third-parties; or (c) protect the rights, property, or personal safety of Mk Research Panels its users and the public.
MEMBER REGISTRATION
As a condition to using the Panel Services, You may be required to register with the Company and select a password and user name ("User ID"). If you register for a Site, you agree to receive emails from us related so such Site and as indicated therein. Where required, You shall provide Mk Research Panels with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of Your account. You may not (i) select or use as a User ID a name of another person with the intent to impersonate that person; (ii) use as a User ID a name subject to any rights of a person other than a person with appropriate authorization or (iii) misrepresent your licenses or qualifications. Mk Research Panels reserves the right to refuse registration of, or cancel a User ID in its discretion. You shall be responsible for maintaining the confidentiality of Your password. You shall be solely responsible for all information and instructions transmitted through the Panel Services or the use of any Services using Your password and User ID. All information and instructions communicated through these means will be considered to have been sent and authorized by You.
LINKS TO THIRD-PARTY SITES
The Services may contain links, through advertising, affiliation, or otherwise, to other third-party web sites ("Linked Sites"). The Linked Sites are not under the control of Mk Research Panels and Mk Research Panels is not responsible or liable for the communications or materials of any Linked Sites. Mk Research Panels is providing these links to you as a convenience and to advertisers and affiliates to promote their own sites or products, and the inclusion of any link does not imply endorsement by Mk Research Panels of the site or any association with its operators. You are responsible for adhering to the applicable terms of service for any other web site. You are strongly encouraged to evaluate any third-party sites, as you are solely responsible and liable for any interactions you may have with such sites, their sponsors and other third parties.
PRIVACY
Your personal information is subject to our Privacy Policy, which you should read in its entirety. The most current version of the Privacy Policy always is posted on our Sites.
MATERIALS PROVIDED TO Mk Research Panels OR POSTED TO THE PANEL SERVICES SITES
By your use of the Services, Mk Research Panels does not claim ownership of the User Materials you provide. However, by providing User Materials to Mk Research Panels , you are granting Mk Research Panels , its affiliated companies, business partners and licensees a worldwide, perpetual, royalty-free right to use User Materials in connection with all aspects of the operation and promotions of Mk Research Panels , including but not limited to, the rights to: copy, distribute, transmit (digitally or otherwise), publicly display, publicly perform, make derivative works of, reproduce, edit, translate and reformat User Materials and to publish your name in connection with User Materials. Mk Research Panels is under no obligation to post or use any User Materials and may remove any User Materials at any time at Mk Research Panels 's sole discretion.
TERMINATION
Mk Research Panels, in its sole discretion, may terminate your password, account (or any part thereof), use of any Service, or access to any Site, and remove and discard any Content within any Service, for any reason, including, without limitation, for lack of use or if Mk Research Panels believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Mk Research Panels may also in its sole discretion and at any time discontinue providing any Service, or any part thereof, with or without notice. Mk Research Panels shall not be liable to you or any third party for any termination of your access to any of the Panel Services.
WARRANTIES
You warrant and represent that (i) you own all right, title, and interest in your User Materials or have obtained the necessary rights to use your User Materials on any of the Panel Services Sites; (ii) your User Materials do not violate any law or regulation, (iii) your User Materials do not violate the intellectual property rights or any right of any third party; (iv) your User Materials are not designed to or will not knowingly have deleterious effect on Mk Research Panels , the Panel Services, the Sites, other users or any computer, network, software or hardware.
You warrant and represent that you will not use the Panel Services Sites to upload, post, email or otherwise transmit any Content that is unlawful, harmful, fraudulent, threatening, abusive, harassing--including any spam, junk mail or otherwise solicitous; upload, post, email or otherwise transmit any Content that is defamatory, vulgar, obscene, libelous, invasive of another's privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable that would constitute or encourage a criminal offense or that would otherwise give rise to liability or violate any law; harm anyone in any way; impersonate any person or entity, including, but not limited to, employees or falsely state or otherwise misrepresent your affiliation with a person or entity; upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships; upload, post, email or otherwise transmit any material that knowingly contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, or telecommunications equipment; interfere with or disrupt the Panel Services, the enjoyment of the Sites or servers or networks connected to the Panel Services; disobey any requirements, procedures, policies or regulations of networks connected to the Panel Services; or collect or store personal data about other users.
INDEMNITY
You agree to indemnify and hold Mk Research Panels and its officers, directors, parent(s), employees, agents, licensees, assigns, subsidiaries, affiliates, co-branders or other partners harmless from any claim, cause of action, suit, or demand, including reasonable attorney's fees, based on your breach of the foregoing warranties or these Terms of Service.
SOFTWARE UPDATES
The Software which you use may automatically download and install updates from time to time from Mk Research Panels. These updates are designed to improve, enhance and further develop the Panel Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Mk Research Panels to deliver these to you) as part of your use of the Panel Services Sites.
ADVERTISEMENTS
Some of the Panel Services Sites are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Sites, queries made through the Sites or other information. The manner, mode and extent of advertising by Mk Research Panels on the Sites are subject to change without specific notice to you. In consideration for Mk Research Panels granting you access to and use of the Sites, you agree that Mk Research Panels may place such advertising on the Panel Services Sites.
OTHER CONTENT
The Panel Services Sites may include hyperlinks to other web sites or content or resources. Mk Research Panels may have no control over any web sites or resources which are provided by companies or persons other than Mk Research Panels. You acknowledge and agree that Mk Research Panels is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources. You acknowledge and agree that Mk Research Panels is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
CHANGES TO THE TERMS
Mk Research Panels may make changes to the Terms from time to time. When these changes are made, Mk Research Panels will make a new copy of the Terms available at Terms of use and any new Additional Terms will be made available to you from within, or through, the affected Panel Services Sites. You understand and agree that if you use the Sites after the date on which the Terms have changed, Mk Research Panels will treat your use as acceptance of the updated Terms.
DISCLAIMER
The sites and the services, including all information, products, and other content (including third party information) are provided on an "as is" and "as available" basis and without warranties of any kind either expressed or implied. To the fullest extent permissible, pursuant to applicable law, Mk Research Panels disclaims all warranties, expressed or implied, including but not limited to: implied warranties of merchantability, fitness for a particular purpose and non-infringement. Mk Research Panels does not warrant that any portion of any site or any service will be uninterrupted or error free, that defects will be corrected or that any site or any service that makes it available are free of viruses or other harmful code. Mk Research Panels does not warrant or make any representations regarding the use or the results of the use of the materials in this site in terms of correctness, accuracy, reliability or otherwise. Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk. Some states may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
LIMITATION OF LIABILITY
Mk Research Panels services shall not be liable for any indirect, incidental, special or consequential damages or for interrupted communications, lost data or lost profits arising out of or in connection with this agreement, even if Mk Research Panels has been advised of the possibility of damages. Some jurisdictions do not allow the limitation of liability so some of the above limitations may not apply to you. In no event shall Mk Research Panels or any of its affiliates, suppliers or licensors be liable for any direct, indirect, special, consequential, punitive or incidental damages, lost profits or the cost to procure substitute goods and services arising out of the use of the sites or the services, even if Mk Research Panels has been advised of the possibility of such damages and whether such damages arise in contract, negligence, tort, under statute, in equity, at law or otherwise.
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