Updated on February 28, 2015
Welcome to SurveySpree by Opinion Place. Your use of the web sites or mobile apps on which these terms reside the ("Site"), and the features at this Site are subject to these Terms & Conditions which govern the term of your use of the Site (this "Agreement"). The Site is owned or controlled by Instantly, Inc. ("Instantly, Inc.").
Instantly, Inc. 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 state of California and of the United States. If you use this Site from other locations you are responsible for compliance with any and all applicable local laws. If you are providing personally identifiable information and are not a resident of the United States, your country's laws governing data collection and use may differ from those in the United States, in particular, the U.S. may not provide the same level of protections as those in your own country. By providing information to Instantly, Inc., you are transferring your personal data to the United States, and you consent to that transfer and to the processing of your data in the United States.
The Site and any other services Instantly, Inc. provides on the Site are referred to in this Agreement collectively as the "Services."
Please read this Agreement carefully. Instantly, Inc. is only willing to make the Services available to you if you accept and abide by the terms of this Agreement. By accessing this Site or using the Services in any way, including, without limitation, browsing this Site, using any information, and/or submitting information to Instantly, Inc., 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.
From time to time we may update the Services and this Agreement. Your use of the Services after we post any changes to this Agreement constitutes your agreement to those changes. You agree to review this Agreement periodically to ensure that you are familiar with the most recent version. Instantly, Inc. may, in its sole discretion, and at any time, discontinue the Services or any part thereof, with or without notice, or may prevent your use of the Services with or without notice to you. You agree that you do not have any rights in the Services and that Instantly, Inc. will have no liability to you if the Services are discontinued or your ability to access the Services or any content you may have posted on the Services is terminated.
Site Eligibility and Registration
The Services are generally offered and used only by persons 18 years of age or older. Because this Site and its Services are not directed to children under the age of 13, Instantly, Inc. does not provide memberships to persons under age 13. If you are under the age of 13, please get the permission of your parent or guardian before you give us any of your personal information or demographic information, use the Site or participate in the Services. Except as may be required by law, Instantly, Inc. will not knowingly collect, maintain, or disclose any personal information from children under the age of 13 without the parent's express approval and consent. Use of the Services are void where prohibited. By accessing or using the Services, you represent and warrant that you meet the eligibility requirements in this paragraph and are fully able and competent to enter into, and abide by, the terms of this Agreement.
Fees for the Services
There is no fee to join or participate in our Services. However, you will be charged a 3% transaction fee should you choose PayPal as a reward option during the rewards redemption process. This small administration fee, which is subject to change in Instantly, Inc.'s sole discretion, will be applied to the reward itself before you receive your funds. Instantly, Inc. may, in its sole discretion, elect to charge fees for participating in the Services, or to use or access any other Services, at any time.
Survey and Rewards Program Participation Requirements
Your ability to participate in the Services are expressly conditioned upon your compliance with this Agreement and with all policies and guidelines applicable to the Services that Instantly, Inc. may make available from time to time. Your participation in the Rewards Program, so that you may earn rewards, (the "Rewards") is subject to the Rewards Program Rules incorporated herein by reference and made a part of this Agreement. In the event of your noncompliance, fraud or other inappropriate activity (as determined by Instantly, Inc. in its sole discretion), Instantly, Inc. may cancel or invalidate your accounts, registrations and Rewards, deny redemption of your Rewards, or restrict, block, limit, and prevent your access to and use of the Services and, further, all Rewards, incentives and rewards shall be subject to forfeiture.
Non-Use and Nondisclosure.
Information and content made available to you in the Services may contain trade secrets or other confidential or proprietary information of Instantly, Inc. and/or Instantly, Inc.'s clients, suppliers or licensors. You must hold in strict confidence, and not disclose to any other person, any information and content that you access or learn in connection with your participation in any survey, project, questionnaire, or other market research-related activity related to the Services. You are prohibited from sharing with any third party, photographic or other imagery, information, or any other content from any and all activities within or from the Site. You must not use any such information or content for any purpose other than your participation in the Services in accordance with this Agreement. You hereby agree to notify Instantly, Inc. immediately if you learn of or suspect any use or disclosure of, or access to, any such information or content other than as specifically authorized in this Agreement.
You agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Services; (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 Instantly, Inc., so as to keep it accurate, current and complete. Registration requires information that includes, without limitation, your full legal name, gender, primary language, your date of birth, the country and state/province of your primary residence, your phone number and your current working email address. Your failure to provide accurate information, or if Instantly, Inc. determines that fraudulent information was provided by you in connection with your registration and/or you otherwise engaged in any other inappropriate activity (as determined by Instantly, Inc. in its sole discretion), Instantly, Inc. may cancel or invalidate your account(s), registrations and Rewards, deny redemption of your Rewards, or restrict, block, limit, and prevent your access to and use of the Services and, further, all Rewards, incentives and other consideration shall be subject to forfeiture.
Compliance with Laws.
You must at all times comply with all applicable laws, rules, regulations, and orders and not cause Instantly, Inc. to violate any laws, rules, regulations, or orders.
You agree to participate in good faith and to the best of your ability in any market research-related activities in which you participate along with all other of your activities in connection with the Services. You will not provide false or misleading data, including without limitation, survey responses that are knowingly false, inconsistent with prior responses or reasonably determined to be objectively and statistically improbable.
If you communicate with Instantly, Inc. personnel ("Personnel"), you agree to do so in a respectful and appropriate manner. You shall not send, share or otherwise distribute to Personnel, Personnel affiliates or other users of the Services any communications having obscene, vulgar, sexually-oriented, threatening, hateful or illegal content.
By accessing or using the Services, you agree that you will not publish, post, or otherwise disseminate any publications or other material that disparages, discredits, or casts anyone, including Instantly, Inc., its Personnel, employees, officers, directors, subsidiaries, affiliates, or its licensors in a negative light.
You may provide information to Instantly, Inc., its clients, suppliers, or licensors in connection with your participation in market research or otherwise in connection with the Services, including providing survey responses, ideas, feedback, or other information or content ("User Content").
By providing any User Content, you represent and warrant that you have the lawful right to provide it, that it is provided in good faith, and to the best of your knowledge, that the User Content is accurate and complete. You must not provide any User Content or otherwise make any use of the Site or utilize the surveys (or any content therein) in a manner that:
is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, false, inaccurate, misleading, fraudulent, or impersonates or misrepresents an affiliation with any person or entity;
would violate an obligation of confidentiality or the rights of any person or entity, or that would otherwise create liability or violate any local, state, national, or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the NASDAQ;
infringes any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any person or entity;
contains or collects any private information of any person or entity, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers;
contains any viruses, corrupted data or other harmful, disruptive, or destructive files or information;
contains any advertising or promotional materials, including without limitation, "junk mail," "surveys," "spam," "chain letters," "pyramid schemes," or any other form of solicitation or unauthorized communication; or
in the sole judgment of Instantly, Inc., is objectionable, does not reflect your good faith efforts to be responsive to survey or market research questions, or which may expose Instantly, Inc. or its licensors or suppliers to liability of any type.
Subject to the limitations set forth herein, Instantly, Inc. and/or its clients will own exclusive rights, title, and interest in the User Content. You further understand and agree that you have no ownership rights in any other information submitted by you on the Site, any account you may have with us, or other access to the Services or features therein. Instantly, Inc. may cancel your account and delete all User Content associated with your account at any time, and without notice, if Instantly, Inc. deems that you have violated this Agreement, the law, or for any other reason. Instantly, Inc. assumes no liability for any information removed from the Services, and reserves the right to permanently restrict access to the Services or a user account.
By displaying, publishing, or otherwise posting any User Content on or through the Services, and subject to any limitations or restrictions on disclosure of such User Content (such as the requirements to preserve respondent confidentiality in connection with market research studies) you hereby grant to Instantly, Inc. and/or its clients all rights to the User Content 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 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 represent, warrant and covenant that you have the right to transfer the User Content that is submitted, displayed, published or posted by you on the Services 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, trade secrets, contract rights or any other intellectual property rights or other rights of any person or entity.
In-Store Surveys and Related Activities; In-Home Usage Tests
From time to time, you may be directed to various retail outlets or other third party locations in connection with your participation in SurveySpree by Opinion Place surveys or other offerings. You agree that you voluntarily enter the premises of these retail outlets or other third party locations and that you do so at your own risk. Instantly, Inc. makes no representations, warranties or covenants with respect to the rules or requirements of any such retail outlets or other third party locations.
In addition, you may have the opportunity to test new products or services that will be delivered to your home or some other mutually agreed upon location. These include so-called "in-house usage tests" or "I-HUTS" which are utilized in the market research industry so that firms may improve the performance of their products and services, thereby increasing product and service quality and customer satisfaction. Your participation in I-HUTS and related offerings is purely voluntary. Instantly, Inc. takes no responsibility for, and makes no representation, warranty or covenant with respect to, any product or service in connection with the I-HUTS or related offerings. ANY PRODUCTS OR SERVICES PROVIDED TO YOU THROUGH I-HUTS OR RELATED OFFERINGS, EITHER DIRECTLY OR INDIRECTLY, ARE PROVIDED "AS IS" AND ALL APPLICABILE WARRANTIES (INCLUDING FITNESS FOR PARTICULAR USE OR PURPOSE), WHETHER EXPRESS OR IMPLIED, ARE DISCLAIMED BY INSTANTLY, INC.
Copyright, Trademarks, and Limited License
Other than as set forth herein, the Services and all content and other materials contained on or within the Services, including without limitation, all information (including information about products and services), content, designs, text, graphics, information, data, software, surveys, music, trademarks, product or service names, logos, slogans other files, and the selection and arrangement thereof (collectively, the "Instantly, Inc. Content"), are the proprietary property of Instantly, Inc. and/or its clients, suppliers and licensors and are protected in the U.S. and internationally under trademark, trade secret, copyright, and other intellectual property laws. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, client, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Instantly, Inc.
Unless you are expressly granted written permission by Instantly, Inc. to do so, you agree not to download, display or use any Instantly, Inc. Content for any use whatsoever, including in any publications, in public performances, on third party websites or on social media, for any commercial or other purposes, in connection with products or services that are not those of Instantly, Inc., in any manner that is likely to cause confusion among consumers, that disparages or discredits Instantly, Inc. and/or its clients, licensors, that dilutes the strength of Instantly, Inc.'s or its licensor's property, or that otherwise infringes Instantly, Inc.'s or its licensor's intellectual property rights.
Disclaimer of Warranties
YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, IS AT YOUR SOLE RISK. THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. INSTANTLY, INC., ITS AFFILIATES, LICENSORS, CLIENTS, AND SUPPLIERS, AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, AGENTS, AND EMPLOYEES (COLLECTIVELY, THE "PROVIDERS") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE, AND NON-INFRINGEMENT. NEITHER INSTANTLY, INC. NOR ANY OTHER PROVIDERS WARRANT UNINTERRUPTED USE, OPERATION, OR AVAILABILITY OF THE SERVICES OR ANY CONTENT, OR THAT ANY SUBMISSION OR TRANSACTION REQUEST YOU ATTEMPT USING THE SERVICES WILL BE SUCCESSFUL, UNCORRUPTED, OR COMPLETED WITHIN A REASONABLE AMOUNT OF TIME. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DELAY OR LOSS OF ANY KIND THAT RESULTS FROM YOUR ACCESS TO, OR USE OF, THE SERVICES AND THE CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INSTANTLY, INC. OR ANY OTHER PROVIDER THROUGH OR FROM THE SERVICES, WILL CREATE ANY WARRANTY REGARDING THE SERVICES THAT IS NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL EITHER INSTANTLY, INC. OR ANY OTHER PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF INSTANTLY, INC. OR ANY OTHER PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICES OR ANY CONTENT, NOR SHALL INSTANTLY, INC. BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND INSTANTLY, INC.'S REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO, ACTS OF GOD, COMMUNICATIONS LINE OR NETWORK FAILURES, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE'S RECORDS, PROGRAMS, OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.IF, DESPITE THE LIMITATIONS SET FORTH ABOVE, INSTANTLY, INC. IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF, OR IS IN ANY WAY CONNECTED WITH, ANY OF THE OCCURRENCES DESCRIBED IN THE LIMITATIONS ABOVE, THEN LIABILITY WILL IN NO EVENT EXCEED, IN TOTAL, THE GREATER OF: (A) ANY REWARDS OR FEES PAID BY INSTANTLY, INC. TO YOU OVER THE TWELVE (12) MONTH PERIOD PRIOR TO THE PERIOD GIVING RISE TO SUCH CLAIM; OR (B) THE SUM OF USD $100.00. SOME JURISIDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THIS MAY NOT APPLY TO YOU.
You and Instantly, Inc. are independent contractors for all purposes. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement or by your access to or use of the Services.
Notwithstanding any term of this Agreement, Instantly, Inc. reserves the right, without notice and in its sole discretion, to discontinue or terminate any of the Services, to terminate your license to use the Services, and to restrict, block, limit, and prevent your access to and use of the Services. Any termination or other action by Instantly, Inc. described in this paragraph will not limit any other remedies Instantly, Inc. may have against you at law or equity.
General Legal Notices
By accessing or using the Services, you consent to receiving electronic communications from Instantly, Inc. These communications may include notices via email (or for those who access Services from mobile devices, via text messages or alerts) regarding your account and other notifications concerning or related to the Services, such as advising you about survey and other offerings. You agree that any notices, agreements, disclosures, or other communications that Instantly, Inc. sends to you electronically will satisfy any legal communication requirements, including any requirement that communications be in writing.
Instantly, Inc.'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 Instantly, Inc. 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 Instantly, Inc., 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 commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Los Angeles, California, and judgment on the arbitration award may be entered into any court of competent jurisdiction. The award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted by California law. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party's rights or property pending the completion of arbitration.The Roper Center SurveySpree by Opinion Place Databank is not in any way affiliated with this website SurveySpree by Opinion Place, which is owned and operated by Instantly, Inc.
This Agreement, including all terms, policies, and guidelines referenced in this Agreement, is the entire agreement between you and Instantly, Inc. concerning the Services. This Agreement supersedes all prior agreements or communications between you and Instantly, Inc. regarding the subject matter of this Agreement.
Contacting Instantly, Inc.
If you wish to contact us regarding any questions or concerns about this Agreement or the Services, please view our "Contact Us" page.