Branded Surveys Website Terms of Service
Branded is located in the United States (state of California). By accessing this Site, you acknowledge and agree that this Site, and this Agreement, will be construed and evaluated according to the laws of the United States. If you use this Site from other locations you are responsible for compliance with any and all applicable local laws. Where you are not located in the United States, by providing your personally identifiable information to us you understand that you are transferring that information to us in the United States for the purposes explained in these terms. The laws of the country from which you are transferring the personally identifiable information to us, which protects that data, may differ from those in the United States, in particular, the United States may not provide the same level of protection as those laws.
If you do not agree to be bound by the terms of this Agreement, you may not use, subscribe to, or participate in the Branded Surveys Program.
The Agreement constitutes the entire agreement between you and Branded Surveys and governs your use of the Branded Surveys Program. Please read this Agreement carefully. Branded is only willing to make the Site available to you if you accept and abide by the terms of this Agreement. You agree to be bound by the terms, conditions, policies and notices contained in this Agreement, including, but not limited to, conducting this transaction electronically, disclaimers or warranties, damage and remedy exclusions and limitations, and a choice of California law, superseding any prior agreements, communications and proposals between you and Branded in their entirety. Notwithstanding the foregoing, Branded reserves the right to modify this Agreement at any time, at which time Branded will notify you, and you will be required to accept such modified terms as a condition to continuing using the Site and participating in the Branded Surveys Program.
Site & User Eligibility
The Site(s) may be used only by persons who are 18 years of age or older, or minors who are 13 to 17 years of age that have parental consent to participate. Minors under the age of 13, or minors between the ages of 13 to 17 years old that do not have their parents’ consent cannot participate in the Branded Surveys Program. All eligible Users are only allowed to have one registered account. By accessing or using the Sites, you represent and warrant that you meet the eligibility requirements set herein, and are fully capable and competent to enter into, and abide by, the terms of this Agreement.
Description of Services and Fees
Branded offers (i) the ability for Users to allow them to complete offers provided by certain third party advertisers (collectively, the 'Third Parties' or each a 'Third Party') in return for compensation provided through Branded, and (ii) incentives to Users for referring other people to the Site (together, the 'Branded Surveys Program'). Offers from the Third Parties are accessible on the Branded Surveys website. There is no fee to participate in the Branded Surveys Program.
By registering with the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site; (b) maintain the security of your password and login credentials; and (c) maintain and promptly update the information you provide during registration, and any other information you provide to Branded, so as to keep it accurate, current and complete. Registration requires information that includes without limitation your full legal name, your date of birth, the address of your primary residence, your phone number, your zip code, and your email address.
Third Parties and Third Party Content
The Site may contain links or references to information, content, and services provided by third parties (collectively, "Third Party Content"). Branded does not monitor or have any control over any Third Party Content and your participation in their programs is governed by their separate Terms of Service and Privacy Policies. Branded does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. Branded undertakes no responsibility to update or review any Third Party Content and does not represent or warrant the accuracy of any information contained in any Third Party Content. Users are solely responsible for any charges incurred by participation in Third Party programs. In addition, Branded will never charge you membership fees, but some Third Parties may require you to make a payment in order to complete their offer.
Use of the Branded Surveys Program
You may provide information to Branded in connection with your participation in the Branded Surveys Program and the Site as it relates to market research or otherwise in connection with the Site, including providing survey responses, ideas, feedback, or other information or content ("User Content"). By doing so, you represent and warrant that you have the lawful right to provide it, and that it is true, accurate, complete, and current information. As such, with regards to all User Content, you agree to the following:
Not to post any unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, false, inaccurate, or is otherwise objectionable content.
To comply with all local, state, federal, international or other applicable laws, including but not limited to, all rules regarding acceptable online conduct, obligations of confidentiality or the rights of any person or entity.
Not to use the Branded Surveys Program or the Site to participate in any illegal, fraudulent, or unethical activities.
Not to infringe any patent, trademark, trade secret, copyright, or other IP or proprietary right of any person or entity; or to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained from Branded, the Branded Surveys Program, or the Site without Branded's written approval.
Not provide any content that contains any viruses, corrupted data or other harmful, disruptive, or destructive files or information;
You further understand and agree that you have no ownership rights in any account you may have with us, the Site or any features therein. Branded may cancel your account and delete all User Content associated with your account at any time, and without notice, if Branded deems that you have violated this Agreement, the law, or for any other reason. Branded assumes no liability for any information removed from the Site and reserves the right to permanently restrict access to the Site or a User account.
By displaying, publishing, or otherwise posting any User Content on or through the Site, you hereby grant to Branded a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other Users, for use on other media or platforms known or hereinafter developed, such as for use on mobile phones, in video or music software computer programs. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to this Agreement and the license described herein. You represent and warrant that you own the content submitted, displayed, published or posted by you on the Site and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.
Dealings with Advertisers and other Users
You understand that you, and not Branded, are entirely responsible for all User Content that you upload, post, e-mail, transmit or otherwise make available through the Site. Branded does not control User Content or any other content made available by other persons or entities and does not have any obligation to monitor such content for any purpose. You agree that you must evaluate, and bear all risks associated with the use of any User Content or other contributed content, including any reliance on the accuracy, completeness, usefulness, or legality of such User Content or other contributed content.
Links and Third Party Websites
Your correspondence or business dealings with, or participation in promotions of, advertisers and other Users found on or through the Site are solely between you and such advertiser or User. YOU AGREE THAT Branded WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS OR USERS ON THE SITE.
Branded, Users and other third parties may provide links on the Site to other sites, including the content therein ("Reference Sites"). Branded has no control over such Reference Sites or their content, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability, or reliability of Reference Sites or other content linked to by the Site. Branded provides links to you only as a convenience, and the inclusion of any link on the Site does not imply our affiliation, endorsement, or adoption of the linked Reference Site or other content or any information therein. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, CONTENT, MATERIAL, PRODUCTS, AND SERVICES ON REFERENCE SITES OR AVAILABLE THROUGH REFERENCE SITES, IS SOLELY AT YOUR OWN RISK. Our terms and policies do not govern your use of any site other than the Site. You should review applicable terms and policies, including the privacy and data gathering practices, of any Reference Sites.
You agree that any feedback, analysis, suggestions and comments to Branded provided by you (collectively, "Feedback") will become the property of Branded. IN CONSIDERATION OF Branded PROVIDING ACCESS TO THE SITE FREE OF CHARGE, USER HEREBY ASSIGNS TO Branded ALL RIGHTS, TITLE AND INTEREST, INCLUDING ALL INTELLECTUAL PROPERTY RIGHTS, IN AND TO THE FEEDBACK. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, USER AGREES THAT Branded SHALL HAVE THE PERPETUAL, IRREVOCABLE AND WORLDWIDE RIGHT TO USE, COPY, DISPLAY, PERFORM, TRANSLATE, MODIFY, LICENSE, SUBLICENSE AND OTHERWISE EXPLOIT ALL OR PART OF THE FEEDBACK OR ANY DERIVATIVE THEREOF IN ANY EMBODIMENT, MANNER OR MEDIA NOW KNOWN OR HEREAFTER DEVISED WITHOUT ANY REMUNERATION, COMPENSATION OR CREDIT TO USER. User represents and warrants that User has the right to make the foregoing assignment and to grant to Branded the rights granted under this Section and that any Feedback which is provided by User to Branded does not infringe any third party intellectual property rights. Notwithstanding the foregoing assignment, Branded grants to you a non-exclusive, non-transferable, non-sublicensable, world-wide, perpetual and irrevocable license to use the Feedback for your own personal, non-commercial purposes that do not compete, directly or indirectly, with our use of such Feedback.
You are solely responsible for your involvement with other Users of the Site. Branded reserves the right, but has no obligation, to monitor disagreements between you and other Users. Branded DISCLAIMS ALL LIABILITY RELATED TO ANY USER DISAGREEMENT.
Branded will generally process User payments within 15 days after the end of the month, assuming they have met the minimum payout of $10 USD. Branded makes no guarantees regarding the timeliness of payments in the event of interferences, which affect Branded's ability to process payments, including but not limited to, any interferences by Third Parties. Branded also reserves the right to inspect each Member's account activity before payment to verify and confirm the integrity of each Member's activities. In addition, User understands that payments come from revenue generated by the Third Parties. Therefore, User acknowledges and agrees that if, for any reason, an advertiser does not pay Branded, Branded reserves the right to withhold the Users' share of said revenue.
You expressly authorize Branded Surveys’s service provider, Dwolla, Inc. to originate credit transfers to your financial institution account.
Limitation of Liability
Under no circumstances, including negligence, shall either Branded, the Branded Surveys Program, or the Site, be liable for any direct, indirect, incidental, punitive, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Branded has been advised of the possibility of such damages) arising out of or in any way connected with your use of or performance of Branded Program and/or the Site, whether based on contract, tort, negligence or strict liability. If you are dissatisfied with any portion of the Branded Surveys Program and/or the Site, your sole and exclusive remedy is to discontinue using the Branded Surveys Program. Some jurisdictions do not allow the limitation of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. The provisions of this section survive the termination or expiration of this Agreement.
Notwithstanding any term of this Agreement, Branded reserves the right, without notice and its sole discretion, to discontinue the Branded Surveys Program or the Site or any of its Services, and further, does not have any commitment toward any Users, past or present. Branded may at any time, for any reason, with or without notice, discontinue the Branded Surveys Program, the Site, and all Services, for one or all of its Users.
You will indemnify and hold harmless, Branded from and against any costs, damages, expenses, and liabilities (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content, your use of the Services or any Content, your violation of this Agreement, or your violation of any rights from Third Parties.
The Branded logo, the Branded Surveys logos and names, the Site, including the content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, products, software, services, and all other elements of the Site are intellectual property of Branded and its licensors. You agree not to display or use the logo or names, or the name of 'Branded Surveys.com' or 'Branded Research Inc.' except as expressly allowed. All content that is made available to view in connection with the Branded Surveys Program is owned by and is the copyrighted work of Branded and its licensors and is protected by copyright laws and international treaty provisions.
Disclaimer of Warranties
You understand and agree that the Branded Surveys Program and the Site and content are provided on an 'as is' and 'as available' basis, and that Branded does not assume any responsibility for prompt or proper delivery or retention of any User information or communications between Users. Branded, its affiliates, licensors, and suppliers, and their respective members, directors, officers, agents, and employees assume no responsibility for the accuracy or existence of any communications between Users. Branded expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Branded makes no warranty that the Branded Surveys Program will meet your requirements or that the Branded Surveys Program will be uninterrupted, timely, secure, or error-free, nor will the results that may be obtained from use of the Branded Surveys Program will be accurate or reliable. Furthermore, Branded makes no warranty that the quality of any products, services, information, or other material purchased or obtained by you through the Branded Surveys Program will meet your expectations.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
Digital Millennium Copyright Act Compliance
(a) Infringement Claims. If you are a copyright owner or an agent thereof and believe that any User Content or other contributed Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail).
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative listing of such works or a link or URL to all such works;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity on the Site and that is to be removed or access to which is to be disabled, including the link or URL for all such material on the Site;
(iv) Information reasonably sufficient to permit Branded to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Branded's designated Copyright Agent to receive notifications of claimed infringement is:
Contact Branded Compliance at email: email@example.com.
FAILURE TO INCLUDE ALL OF THE ABOVE INFORMATION, ESPECIALLY SPECIFIC INFORMATION ABOUT WHERE INFIRNGING CONTENT MAY BE FOUND, WILL RESULT IN A DELAY IN THE PROCESSING OF YOUR DMCA NOTIFICATION AND MAY RESULT IN YOUR HAVING TO REPEAT SOME OR ALL OF THE ABOVE PROCESS.
(b)Notice and Takedown. If we receive proper notification of claimed copyright infringement, we will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing, as described below, or to be the subject of infringing activity. We will also comply with the appropriate provisions of the DMCA in the event a counter-notification is received, as described below. We may, at our discretion, deny access to the Site by, or disable and/or terminate the accounts of, Users who may be infringers.
(c) Copyright Counter-Notices. If content you posted on the Site was removed for copyright or intellectual property infringement, and you would like to dispute that removal, the process for counter-notifications, which is governed by Section 512(g) of the DMCA, is as follows:
(d) Elements of Counter-Notification. To expedite our ability to process your counter- notification, please use the following format (including section numbers):
After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes any of your Identifying Information set forth in the counter-notification. By submitting a counter-notification, you consent to having such Identifying Information revealed in this way. We will not forward the counternotification to any party other than the original claimant.
After we send out the counter-notification, the claimant must then notify us within ten (10) days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the Site. If we receive such notification, we will be unable to restore the items. If we do not receive such notification, we may, but are not obligated to, reinstate the disputed item(s).
(e) Foreign Counter-Notification: If you reside outside of the United States, please understand that filing a counter-notice may lead to legal proceedings between you and the complaining party to determine ownership. Be aware that there may be adverse legal consequences in your country and/or the United States of America if you make a false or bad faith allegation by using this process. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of access privileges for Users who are infringers. So, if you are not sure whether content you posted on the Site is being infringed or are otherwise unsure of whether to file a counter-notification using these procedures, we strongly recommend you first contact a lawyer knowledgeable in the laws of the United States and the State of New York. If you do wish to file a counter-notice, you should follow the process set forth above under the heading "Elements of Counter-Notification."
(f) Disclaimer: WE ARE NOT YOUR ATTORNEYS, AND THE INFORMATION WE PRESENT HERE IS NOT LEGAL ADVICE. WE PRESENT THIS INFORMATION FOR INFORMATIONAL PURPOSES ONLY.
Branded'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. The section headings and titles in this Agreement are for convenience only and have no legal or contractual 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.
If any provision of this Agreement shall be unlawful, void or for any reason, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
The failure of Branded to comply with the Agreement because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of Branded, shall not be deemed a breach of this Agreement.
This Agreement is governed by the laws of the State of California, USA, excluding conflicts of law principles. Any controversy or claim arising out of or relating to the Services or this Agreement must be commenced within one year after the claim arose and will be settled by binding arbitration in accordance with the Agreement.