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Effective
Date: October 10, 2005
THENETPANEL.COM
TERMS & CONDITIONS
NOTICE:
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING
THIS WEBSITE, AND ANY PAGES THEREOF, YOU AGREE THAT YOU ARE
AT LEAST 18 YEARS OF AGE AND AGREE TO COMPLY WITH, AND BE BOUND
BY, THE FOLLOWING TERMS AND CONDITIONS (THE “AGREEMENT”),
AS WELL AS OUR PRIVACY POLICY. CLICK HERE TO VIEW OUR PRIVACY
POLICY. IF YOU DO NOT AGREE TO THIS AGREEMENT IN ITS ENTIRETY,
YOU ARE NOT AUTHORIZED TO ACCESS AND/OR USE THIS WEBSITE, OR
ANY PAGES THEREOF.
Welcome
to the TheNetPanel.com website located at www.thenetpanel.com
(the “Website”). The Website is brought to you by
MediaWhiz™ Holdings, LLC (“MediaWhiz™,”
“we” or “us”). The Website is only available
to individuals that are 18 years of age or older, and who are
legal residents of the United States or District of Columbia.
1. Acceptance of Agreement. This Agreement
constitutes the entire agreement between MediaWhiz™ and
users of the Website, and supersedes any and all prior or contemporaneous
agreements, representations, warranties and understandings,
whether written or oral, with respect to your use of the Website.
We may amend this Agreement from time to time, in our sole discretion,
without specific notice to you. The most recent version of the
Agreement will be posted on the Website. Your continued use
of the Website constitutes your acceptance of all of the terms
and conditions contained within the Agreement effective at that
time, as well as your acknowledgment of the reasonableness of
these standards for notice of changes. We encourage you to review
the Website and this Agreement periodically for any updates
or changes. If you utilize the Website in any manner inconsistent
with this Agreement, MediaWhiz™ may immediately terminate,
with or without notice, your access to, and/or block your future
access to, the Website and/or seek such additional relief available
to us.
2. Description of Services. TheNetPanel.com
provides its registered users with an opportunity to complete
online surveys and enter sweepstakes to win prizes. Click
here to view our Official Contest Rules.
3. Registration. To register for TheNetPanel.com,
you must first complete our online survey located at the Website.
The information you must supply during the registration process
includes, but is not limited to: 1) full name; 2) email address;
3) state of residency; and 4) zip code (collectively referred
to as “Registration Data”). You agree to provide
true, accurate, current and complete Registration Data.
4. Termination & Cancellation. You agree
that MediaWhiz™, in its sole discretion, may terminate
this Agreement and/or suspend your registration (or any part
thereof) at any time, without notice to you, in the event that
MediaWhiz™: 1) reasonably believes that you are in breach
of the Agreement; or 2) reasonably believes that you have provided
incomplete, inaccurate or untrue Registration Data. If MediaWhiz™
terminates this Agreement, or suspends your registration for
any of the reasons set forth in this Agreement, MediaWhiz™
shall have no liability or responsibility to you. You understand
and agree that cancellation of your registration is your sole
right and remedy with respect to any dispute with MediaWhiz™.
5. License Grant. As a visitor to the website,
you are granted a nonexclusive, nontransferable, revocable and
limited license to access and use the Website (and its associated
content) in accordance with this Agreement. MediaWhiz™
may terminate this license at any time for any reason whatsoever.
You may use the Website and/or Services for your own personal,
noncommercial use. No part of the Website may be reproduced
in any form or incorporated into any information retrieval system,
electronic or mechanical. You may not use, copy, emulate, clone,
rent, lease, sell, modify, decompile, disassemble, reverse engineer
or transfer the Website, Website content or any portion thereof.
You may not use any device, software or routine to interfere
or attempt to interfere with the proper working of the Website.
MediaWhiz™ reserves any rights not explicitly granted
in this Agreement.
6.
Proprietary Rights. The content, organization, graphics,
design, compilation, magnetic translation, digital conversion,
software and other matters related to the Website are protected
under applicable copyrights, trademarks and other proprietary
(including, without limitation, intellectual property) rights.
The copying, redistribution or publication by you of any part
of the Website is strictly prohibited. You do not acquire ownership
rights to any content, document, software, services or other
materials viewed at or through this Website. The posting of
information or material at the Website by MediaWhiz™ does
not constitute a waiver of any right in such information and/or
materials.
7. Third Party Websites. The Website and/or
third parties may provide links to other Internet websites and/or
resources. MediaWhiz™ is not responsible for the content,
terms and conditions and/or privacy policies on such websites.
If you choose to link to a website not controlled by MediaWhiz
™, MediaWhiz ™ makes no warranties, either express
or implied, concerning the content of such website, including
the accuracy, completeness, reliability or suitability thereof
for any particular purpose. MediaWhiz ™ does not warrant
that such website or content is free from any claims of copyright,
trademark or other infringement or the rights of third parties
or that such website or content is free from viruses or other
contamination.
8. Privacy Policy. Use of the Website is subject
to our Privacy Policy and Official Contest Rules, which are
hereby incorporated into and made a part of this Agreement.
We reserve the right to use all information regarding your use
of the Website and any and all other personally identifiable
information provided by you in accordance with the terms of
our Privacy Policy. Click Here to
view our Privacy Policy. Click Here
to view the Official Contest Rules.
9. Indemnification. You agree to indemnify,
defend and hold harmless, MediaWhiz™ and its parents and
subsidiaries, and each of their respective officers, partners,
members, managers, employees, agents and attorneys, against
any and all liabilities, claims, actions, suits, proceedings,
judgments, fines, damages, costs, losses and expenses (including
settlement costs and/or reasonable attorneys’ fees) arising
from or relating to your use of the Website, and any material
that you submit to or transmit through the Website, your violation
of this Agreement, your infringement or violation of the rights
of another, or termination of your access to the Website and/or
Services.
10. Disclaimer of Warranties. THIS WEBSITE
IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE”
BASIS, AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, ARE DISCLAIMED
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPICABLE LAW
(INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTY
OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY
AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT
NOT AS A LIMITATION THEREOF, MEDIAWHIZ™ MAKES NO WARRANTY
THAT: 1) THE WEBSITE WILL MEET YOUR REQUIREMENTS; 2) THE WEBSITE
WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; AND 3)
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE
WILL BE ACCURATE OR RELIABLE. THE WEBSITE MAY CONTAIN BUGS,
ERRORS, PROBLEMS OR OTHER LIMITATIONS. MEDIAWHIZ™ WILL
NOT BE LIABLE FOR THE AVAILABILITY OF ANY UNDERLYING INTERNET
CONNECTION. MEDIAWHIZ™ ASSUMES NO RESPONSIBILITY FOR THE
DELETION OR FAILURE TO STORE ANY MESSAGES OR PERSONALIZED SETTINGS.
NO ADVICE, WHETHER WRITTEN OR ORAL, OBTAINED BY A USER OR MEMBER
FROM MEDIAWHIZ™ SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THIS AGREEMENT.
11. Limitation of Liability. YOU AGREE THAT
MEDIAWHIZ™ AND ITS PARENTS AND SUBSIDIARIES, AND EACH
OF THEIR RESPECTIVE OFFICERS, PARTNERS, MEMBERS, MANAGERS, EMPLOYEES,
AGENTS AND ATTORNEYS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING
FROM THE USE OR INABILITY TO USE, OR THE INTERRUPTION, SUSPENSION
OR TERMINATION OF, THE WEBSITE OR ANY SERVICES OR INFORMATION
OBTAINED ON OR THROUGH THE WEBSITE OR SERVICES, EVEN IF MEDIAWHIZ™
AND ITS PARENTS AND SUBSIDIARIES, AND ANY OF THEIR RESPECTIVE
OFFICERS, PARTNERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS AND
ATTORNEYS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF LIMITATION
OF LIABILITY FOR CONSEQUENTIAL DAMAGES; IN SUCH STATES, LIABILITY
IS LIMITED TO THE FULLEST EXTENT PERMISSIBLE BY LAW.
12. Choice of Law. This Agreement shall be
construed in accordance with and governed by the laws of the
State of New York. Any and all disputes arising out of this
Agreement or the Services referenced herein shall be resolved
by mediation, and if such mediation is unsuccessful, by binding
arbitration under the auspices of, and pursuant to the commercial
arbitration rules of, American Arbitration Association before
a single arbitrator.
13. Legal Warning. Any attempt by any individual
to damage, destroy, tamper with, vandalize and/or otherwise
interfere with the operation of the Website, is a violation
of criminal and civil law and MediaWhiz™ will diligently
pursue any and all remedies against any offending individual
or entity to the fullest extent permissible by law and in equity.
14. Customer Service. You may contact TheNetPanel.com
customer service via e-mail at service@thenetpanel.com,
or by writing to TheNetPanel.com Customer Service, P.O. Box
1119, Old Chelsea Station, New York, NY 10113.
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