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DISCLAIMERThis Agreement (the "Panelist Agreement") governs your access and use of www.Xwhypanel.com website, facilities, and participation in the associated Online Opinion Panel (the "Panel"). In consideration for your right to access and use the website and participate in the Panel, you and Touchstone Research, Inc./ChildResearch.com agree as follows:Acceptance of Terms By registering for the Panel, you agree to be bound by the terms of this Agreement and any modifications made to it. Management of this website and Panel This website and Panel is managed on behalf of the Xwhy Panel Sponsor, by ChildResearch.com, a division of Touchstone Research, Inc.. Touchstone Research, Inc./ChildResearch.com is solely responsible for the management of such. Using this website While every reasonable care has been taken in respect of the information contained on this website, Touchstone Research, Inc./ChildResearch.com, makes no representation or warranty (either express or implied) as to the completeness of the information or its suitability for any particular purpose. The information has been prepared for those interested in finding out about our services, and is being made available to you solely for limited personal and non-commercial uses. If you have a question about the information on this website you should contact the persons identified in the website for advice. Liability is excluded By accessing this website, and/or participating in the Panel you agree that Touchstone Research, Inc./ChildResearch.com will not be liable for any loss and/or damages whatsoever you may suffer and in particular Touchstone Research, Inc./ChildResearch.com will not be liable for special, consequential or incidental damages or damages for loss of profits, loss of revenue, or loss of use, arising out of or in connection with this website or the information or material contained in it, whether any claim is brought in contract, or tort (including negligence) or otherwise. Linked Websites Touchstone Research, Inc./ChildResearch.com may provide links to websites or resources outside of this website. Because Touchstone Research, Inc./ChildResearch.com has no control over external websites and resources, you acknowledge and agree that Touchstone Research, Inc./ChildResearch.com shall not be responsible for the availability of such sites or resources, and does not endorse or sponsor and is not and shall not be responsible or liable for any privacy practices, advertising, goods, services, information or other materials or content on, available through or provided by such websites or resources. Using our property The names, logos, icons and graphics used on this website in connection with or identifying the products and/or services of Touchstone Research, Inc./ChildResearch.com/Xwhy Panel Sponsor. are proprietary marks of Touchstone Research, Inc. or the Xwhy Panel Sponsor. Your access does not imply a license to reproduce, transmit and/or distribute this information or these names, logos, icons and graphics in any form or by any means. If you wish to do any of these things you must first obtain prior written consent from Touchstone Research, Inc. or the Xwhy Panel Sponsor. Indemnification Each Panel member (for him/herself and his/her child(ren) and other household members) agrees to indemnify, defend and hold harmless Touchstone Research, Inc./ChildResearch.com, the Wxy Panel Sponsor and their respective parents, subsidiaries and affiliated companies, and each of their respective officers, directors, employees, agents, and representatives, from and against any and all claims relating to the use of the website or a breach by such Panel member (or his/her child(ren)) of any representations, warranties, terms and conditions, or agreements made in this Panelist Agreement or elsewhere on this website. Governing Law This Panelist Agreement and your and your child(ren)'s use of the website is governed, construed and enforced in accordance with the laws of the State of New York and, for the purposes of any and all legal or equitable actions, you agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in New York City, New York, and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, non conveniens or otherwise. Legal effect If any provision of this notice shall be unlawful, void or unenforceable for any reason, then that provision shall be deemed saveable to the extent that it is unlawful, void or enforceable, but shall not affect the validity and enforceability of the remaining provisions. Panelists By registering for the Panel parents, or guardians: 1) Grant their permission for their household including their child(ren) to participate in the Panel activities, with the understanding that they may withdraw their household, or any member of their household, from the Panel at any time and that they are under no obligation to participate in any specific Panel activity. 2) Acknowledge that participation in this Panel may provide them/their child with information concerning certain trade secrets of the Xwhy Panel Sponsor or Touchstone Research, Inc. or their clients including, but not limited to, new products. Panelist agrees not to disclose or discuss these matters with others (except as part of an approved Panel study), or the Xwhy Panel Sponsor. or Panel project staff and to instruct their children regarding such obligation. 3) Certify that no adult currently residing within their household or immediate family member is employed by any of the following companies: an advertising agency, or a market research or opinion research firm. 4) Acknowledge that unsupervised online activities by children carries with it potential safety issues and understand that as a parent/guardian it is their responsibility to supervise their child in all their online activities including any they may engage in as part of the Xwhy Panel Sponsor.� Online Opinion Panel and, therefore, release Touchstone Research, Inc./childresearch.com and the Xwhy Panel Sponsor. and their respective parent subsidiary and affiliated companies from liability arising from any unsupervised online activity their child may engage in. 5) Panel Membership (primary parent registrant) is limited to residents of the United States, who are 18 years of age or older at time of joining. By registering/submitting any personally-identifiable information such as your email address, name, or postal address, you are warranting that you are 18 years of age or older. 6) You warrant and represent that neither you nor your child(ren) shall: (i) have registered through any unapproved method; (ii) have registered more than once and/or have provided false or incorrect registration information; (iii) tamper with the operation of the website; (iv) be in violation of the website's Terms of Service, Privacy Policy, Panelist Agreement, or other terms, conditions or guidelines; (v) act in bad faith, or in a non-sportsmanlike or disruptive manner in connection with your use of the website participation in the Panel or (vi) annoy, abuse, threaten, or harass any other person in connection with your use of the website or participation the Panel. Confidential Information During the course of your participation in the Panel, it likely will be appropriate for you/your spouse/child(ren) to have access to some of Touchstone Research, Inc./ChildResearch.com's, the Xwhy Panel Sponsor's, or their clients' proprietary and confidential information, including by way of example and without limitation both Touchstone Research, Inc./ChildResearch.com, the Xwhy Panel Sponsor and their clients' products, product ideas, concepts, concept descriptions, imagery, photographs, drawings, software, music, games, designs, plans and timetables, product formula and specifications, processes, pricing and financial Information, in documentary, oral and electronic form (hereinafter "Information"). 1. You hereby expressly agree to hold in confidence any portion of the Information received during your, your child(ren)'s, or other household members participation in the Panel which is not, or does not become, generally available to the public, and will neither use, nor disclose to others, this Information without Touchstone Research, Inc./ChildResearch.com's, or its Xwhy Panel Sponsor's express written consent. 2. You acknowledge that all Panel surveys and associated survey materials and Information are the proprietary and confidential property of Touchstone Research, Inc./ChildResearch.com's and its client's (Xwhy Panel Sponsor). You hereby expressly agree that no member of your household, including your child(ren) will print, copy, capture or otherwise reproduce or distribute any part of any survey including, but not limited to, survey questions, topics, photographs, images, drawings, products, product ideas, concepts, concept descriptions, text, survey questions or other associated materials including survey invitations, survey links/urls nor will they transmit or disseminate any of said survey information or materials to anyone for any reason except as part of an approved Panelist activity, for example, survey links/urls may be forwarded to Panelist family household members (i.e. child(ren) of Panelist) as needed for them to participate, as authorized, in the surveys. 3. You also agree that the commitment to hold Touchstone Research, Inc./ChildResearch.com's and its Xwhy Panel Sponsor's' Information in confidence will extend beyond any termination of this agreement and will remain in effect until such Information becomes generally available to the public. Registration Verification Touchstone Research, Inc./ChildResearch.com reserves the right to verify any information submitted by a Panelist in his/her registration profile at any time. Such requests for verification may be made by phone, email or U.S. mail. Touchstone Research, Inc./ChildResearch.com further reserves the right to require that written documentation be submitted for verification of information in profile, if requested. If any Panelist fails to provide verification when requested, and/or if any information in a Panelist's profile is unable to be verified or is false, such Panelist household may be removed from the Panel without notice and any points in such Panelist household's account balance forfeited. Intellectual Property Rights In addition to works of Touchstone Research, Inc./ChildResearch.com and it's client(s) this site and the Panel surveys also contains matter covered by copyright and owned by third parties or assigned to and owned by Touchstone research, Inc./ChildResearch.com and/or it's client(s). Additionally, this site and the Panel surveys contains trademarks and other intellectual property owned by the Touchstone research, Inc./ChildResearch.com and/or it's client(s) or owned by third parties and licensed to Touchstone research, Inc./ChildResearch.com and/or it's client(s). You should not assume anything on this site or in any of the Panel surveys is necessarily in the public domain. Rewards Points may not be transferred. Only the registered parent or legal guardian (primary panelist) may exchange or redeem points. Touchstone Research, Inc./ChildResearch.com is not responsible for any lost, stolen or damaged prizes, gifts or other incentives. Touchstone Research, Inc./ChildResearch.com is not responsible for lost, late, incomplete, inaccurate, stolen, misdirected, undelivered, garbled or delayed email, surveys or points; 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 of any kind whether human, mechanical, typographical, electronic or network relating to or in connection with the participation in the Panel, including, without limitation, errors which may occur in the administration of the Panel, the processing of surveys or the awarding of points, or in any Panel-related materials. Touchstone Research, Inc./ChildResearch.com is also not responsible for any incorrect or inaccurate information, whether caused by website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Panel. Touchstone Research, Inc./ChildResearch.com reserves the right to void any points which have been incorrectly credited to a Panelist household's account for whatever reason due to technical, computer, human or other error even if such error is not detected until the household attempts to redeem such points. Use of automated entry devices or programs is prohibited. Each Panelist and his/her child(ren) and other participating household members agree that all disputes regarding surveys, points or rewards will be resolved by Touchstone Research, Inc./ChildResearch.com. Points may be voided/forfeited if you cancel your registration without first redeeming your points. Points may be voided/forfeited for violating the terms of this agreement. Points may be voided/forfeited for the reasons stated below under: Length of Panel Membership and Existence of Panel and Termination of Participation. Submissions All information, including, without limitation, comments, ideas, graphics or other materials submitted by you or your child(ren), or other household member, to Touchstone Research, Inc./ChildResearch.com or the Xwhy Panel Sponsor. through the website (but excluding registration information) or through any surveys or other Panel activity ("Submissions") may be used or published by Touchstone Research, Inc./ChildResearch.com or the Xwhy Panel Sponsor. in any way and for any purpose, in any and all media, now or hereafter discovered, throughout the world and in perpetuity and without restriction, permission, notification or compensation to you or your child(ren) or other household member, to the extent permitted by law. All Submissions must be original, accurate and be in keeping with the image of Touchstone Research, Inc./ChildResearch.com or the Xwhy Panel Sponsor and may not be offensive, as determined by Touchstone Research, Inc./ChildResearch.com or the Xwhy Panel Sponsor. in its sole discretion. No Submissions shall defame or invade publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any person's personal or any property rights or any other third party rights (including, without limitation, intellectual property rights). Amendments Touchstone Research, Inc./ChildResearch.com reserves the right, at any time and from time to time, for any reason in its sole discretion, to change the terms of this Panelist Agreement. Touchstone Research, Inc./ChildResearch.com will post or display changes on the website and it may (but is not required to) also e-mail you about these changes. Once Touchstone Research, Inc./ChildResearch.com posts changes on the website, those changes become effective immediately and if you use the website and/or continue to participate in the Panel after they become effective it will signify your agreement to be bound by the changes. You should check back frequently and review the terms and conditions of this Panelist Agreement regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with Touchstone Research, Inc./ChildResearch.com. Length of Panel Membership and Existence of Panel and Termination of Participation Panel membership, typically, is for a one year period but may be continued beyond this point solely at the discretion of Touchstone Research, Inc./ChildResearch.com. Panel membership may be terminated for any reason, without notice, at anytime, solely at the discretion of Touchstone Research, Inc./ChildResearch.com. The Panel may be dissolved for any reason, without notice, at anytime, solely at the discretion of Touchstone Research, Inc./ChildResearch.com. All decisions on all matters regarding Panel membership and the Panel are final and the sole discretion of Touchstone Research, Inc./ChildResearch.com. Touchstone Research, Inc./ChildResearch.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the website or Panel(or any part of it) with or without notice. You agree that Touchstone Research, Inc./ChildResearch.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the website or Panel. You agree that, Touchstone Research, Inc./ChildResearch.com in its sole discretion, may terminate your password, account (or any part of it) or ability to use the website or Panel, and remove and discard any household profile information and delete any points, for any reason or for no reason, including, without limitation, for lack of use, or for violating the letter or the spirit of this Agreement. You agree that any termination of your access to the website or Panel may be immediate and without prior notice. You further agree that Touchstone Research, Inc./ChildResearch.com shall not be liable to you or any third-party for any termination of your use or ability to access the website or Panel. Specific reasons for such limitation or termination include, but are not limited to the following: (a) Touchstone Research, Inc./ChildResearch.com requires all Panelists to update their (and their household) profile and registration information periodically. Failure to respond to Touchstone Research, Inc./ChildResearch.com's request for such updates shall result in the applicable Panelist household being removed from the Panel, such Panelist household information being deleted from Touchstone Research, Inc./ChildResearch.com's records, and any remaining points in such Panelist's account being voided. (b) Using in the registration of your Touchstone Research, Inc./ChildResearch.com membership an email account that is not your own or that is or becomes inactive. (c) Failing to designate the Panel email address as an approved sender to prevent Panel emails being rejected as SPAM. (d) No longer having a child in the appropriate age range required for participation. (e) Length of participation exceeds desired length. (f) Falsifying information in your registration/household profile. (g) Inactivity. If any Panelist does not participate in Panel activities for more than six months, he/she and his/her household shall be deemed to have abandoned the Panel, and Touchstone Research, Inc./ChildResearch.com shall be entitled, without notice or any obligation to such Panelist (or his/her household), to remove such Panelist household from the Panel, delete such Panel household information from its records, and void any remaining points in such Panel household account. (h) Registering more than once. (i) Reproducing, distributing, republishing or retransmitting any material contained in a survey. (j) Touchstone Research, Inc./ChildResearch.com reserves the right to take any action it deems necessary with respect to your Panel or user account if we have reason to believe it may cause us to lose the services of our ISP, suppliers or be harmful to our clients. ANY ATTEMPT TO DAMAGE THE WEBSITE/SURVEYS OR TAMPER WITH OR UNDERMINE THE LEGITIMATE OPERATION OF THE WEBSITE/SURVEYS IS A VIOLATION OF THE TERMS AND CONDITIONS FOR USE OF THIS WEBSITE/PARTICIPATION IN THE PANEL, AS WELL AS CRIMINAL AND CIVIL LAWS. SHOULD TOUCHSTONE RESEARCH, INC./CHILDRESEARCH.COM BELIEVE OR BECOME AWARE THAT SUCH AN ATTEMPT HAS BEEN, IS BEING, OR WILL BE MADE, TOUCHSTONE RESEARCH, INC./CHILDRESEARCH.COM RESERVES THE RIGHT TO REMOVE ANY RESPONSIBLE PANELIST (AND HIS/HER HOUSEHOLD) FROM THE PANEL AND ELIMINATE ANY POINTS IN ANY REMAINING ACCOUNT BALANCE, AND SEEK REMEDIES AND DAMAGES FROM ANY RESPONSIBLE PANELIST AND OTHER RESPONSIBLE INDIVIDUAL(S) TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION CRIMINAL PROSECUTION. Copyright notice Copyright (c) 2006 Touchstone Research, Inc./ChildResearch.com. All rights reserved. The copyright and the material contained in this website belong to and remain the property of Touchstone Research, Inc./ChildResearch.com. Contact: projectmanagement@xwhypanel.com |
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