United States [change]

Harris Mobile Terms of Use

These Harris Mobile Terms of Use, as may be modified from time to time (these “Terms”), constitute legally binding terms and apply to your use of the Harris Interactive Mobile Survey Application, also referred to as Harris Mobile (the “Application”), and participation in market research surveys, polls, questionnaires and other activities conducted through your use of the Application (collectively, “Activities”). By using the Application and participating in Activities, you represent that you meet the eligibility requirements set forth in these Terms and agree to be bound by these Terms and any other terms and conditions disclosed to you in connection with your participation in an Activity (“Other Terms”).

Harris Interactive (together with its affiliates and subsidiaries, “Harris Interactive” or “we” or “us”) reserves the right to modify these Terms at any time and from time to time, and each such modification shall be effective once posted. Your continued use of the Application or participation in Activities following any such modification constitutes your agreement to be bound by and your acceptance of these Terms as so modified. Therefore, it is important that you review these Terms regularly. If you do not agree to be bound by these Terms, then you must discontinue your use of the Application and participation in Activities immediately.

1. Eligibility

You may register to use the Application and participate in Activities only if you own or control the mobile device upon which the Application is downloaded. Harris Interactive may refuse your registration or, once registered, your subsequent use of the Application and/or participation in Activities at any time, in its sole discretion. Without limiting any other remedies, Harris Interactive may suspend, temporarily or permanently, or terminate your use of the Application and participation in Activities if you fail to abide by these Terms.

YOUR USE OF THE APPLICATION AND PARTICIPATION IN ACTIVITIES INVOLVE THE TRANSMISSION OF DATA TO AND FROM YOUR MOBILE DEVICE, WHICH MAY BE SUBJECT TO DATA FEES, CHARGES AND TAXES. IF YOU HAVE ANY QUESTIONS ABOUT WHETHER ANY SUCH FEES, CHARGES OR TAXES MAY APPLY TO YOU, PLEASE REVIEW YOUR MOBILE PLAN OR CONTACT YOUR CARRIER. UNDER NO CIRCUMSTANCES WILL HARRIS INTERACIVE BE RESPONSIBLE FOR ANY SUCH FEES, CHARGES OR TAXES INCURRED BY YOU OR BY A PERSON THAT HAS ACCESS TO YOUR MOBILE DEVICE OR TELEPHONE NUMBER.

You also agree not to use the Application or participate in any Activities while operating an automobile or when doing so could put you or others at risk of injury.

2. Limitations of Membership

You may register only once to use the Application and participate in each unique Activity. Multiple registrations across multiple mobile devices and email accounts are prohibited and subject to immediate cancellation, and will render your Rewards (as defined below) void.

3. Rewards

We offer the opportunity to earn HIpointsSM and/or other points, incentives, or rewards (collectively, “Rewards”) in connection with your registration to use the Application and participation in Activities. The terms and conditions of the Rewards, including the type and amount of Rewards (the “Rewards Terms”), will be set forth in the invitation we send you to register to use the Application, in the invitation we send you to participate in an Activity, or in the Activity instructions. We reserve the right to modify the Rewards Terms at any time and from time to time, and we will notify you in advance of any material modifications to the Rewards Terms that impact you. If you do not agree to the Rewards Terms as so modified, then you may terminate your registration to use the Application by following the instructions in the “Cancellation” section below. Your continued use of the Application or participation in any Activities following any modification to the Rewards Terms constitutes your acceptance of the Rewards Terms as so modified.

Rewards are not considered to be property and therefore cannot be sold, transferred, or assigned to another individual under any circumstances. Further, you shall not attempt to earn or redeem Rewards in any manner that conflicts with the intent of these Terms, the Rewards Terms or, to the extent applicable, the terms and conditions of the HIpointsSM program or applicable Other Terms, or otherwise attempt to fraudulently earn or redeem Rewards, or tamper with surveys, links, or other Activities.

4. Your Information

During the registration process and while filling out demographic profile information and other general details, you agree to provide true and accurate information about yourself and your household. If any such information that you provide is untrue, inaccurate or not current, or if we or one of our agents has reasonable grounds to suspect such information is untrue, inaccurate or not current, we have the right to terminate your registration and refuse your current or future use of the Application and participation in Activities, including the immediate forfeiture of your Rewards.

You agree to promptly notify Harris Interactive of any changes in your personal and other information that you provide to Harris Interactive in connection with your use of the Application and participation in Activities. Further, you agree to keep confidential your username and password and other membership information in order to prevent unauthorized use of your account. It is also your responsibility to notify Harris Interactive of any improper use of your account. You are solely responsible for any loss of Rewards or other fraudulent activities associated with the sharing of your username and/or password.

5. Activities

As part of your use of the Application, you will be asked to participate in Activities hosted, sponsored or otherwise controlled by Harris Interactive or one or more third parties acting on behalf of Harris Interactive. You have no obligation to participate in any particular Activity.

In connection with your registration to use the Application and participation in Activities, we may gather certain information about your mobile device, including without limitation, your device type, your device and hardware IDs (such as, your mobile device subscriber ISDN and/or IMEI numbers, as applicable, and your network access identifier information), your device operating system, your device browser type, your mobile carrier, and the time and duration of your accessing the Application. We also may gather the location of your device; however, we only gather location information during your participation in an Activity. We do not gather location information if you are not using the Application, your mobile device is turned off, or you have cancelled your registration to use the Application.

You agree not to (i) sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, or create derivative works from the Application or any Activity, (ii) reverse engineer, decompile, disassemble, or otherwise attempt to discover any source code associated with the Application, (iii) access the Application using automated means (such as harvesting bots, robots, spiders, or scrapers), (iv) frame portions of the within another website, (v) alter the appearance of the Application, (vi) upload viruses or other malicious code to the Application, or (vii) tamper with the Application or any Activity.

Your participation in Activities is voluntary and may be terminated at will. There is no obligation or requirement to continue participating in any Activity. You may terminate your participation in any Activity at any time by following the instructions in the “Cancellation” section below.

6. Intellectual Proprietary Rights

The Application is proprietary to Harris Interactive or its licensors and is protected by United States and foreign copyright, trademark, trade secret and other laws. Subject to all of the terms and conditions hereof, we hereby grant to you a limited, nonexclusive, nontransferable, and nonsublicensable license to download and install the Application on one mobile device that you own or control and use the Application only for the purposes specified herein. All other rights with respect to the Application, its use, and any accompanying documentation are hereby reserved by us and our licensors.

The names, logos, icons, and graphics identifying Harris Interactive and Harris Interactive’s products and services are proprietary marks of Harris Interactive. All other trademarks and or copyrights appearing in connection with your use of the Application and participation in Activities are the property of their respective owners, and unless otherwise stated, are not affiliated.

7. Modifications

Harris Interactive reserves the right at any time and from time to time, with or without notice, to modify, suspend or discontinue, temporarily or permanently, the Application or any Activity. You agree that Harris Interactive shall not be liable to you or to any third party for any such modification, suspension or discontinuance.

The Application may communicate with the Harris Interactive’s servers from time to time to check for available updates, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, "Updates"). By registering to use the Application, you agree to such automatically requested and received Updates.

8. Privacy

Your use of the Application and participation in Activities is governed by Harris Interactive’s privacy policy located at www.harrisinteractive.com/AboutUs/PrivacyPolicy.aspx.

Accordingly, your personally identifiable information may be collected, stored, processed, used, and transferred by our affiliated companies or non-affiliated service providers in one or more countries outside your originating country. By using the Application and participating in Activities, you freely and specifically consent to the transfer, storage, use, and disclosure of your personally identifiable information among our affiliated companies and non-affiliated service providers, wherever located. Our service providers are contractually bound to respect the confidentiality of your personally identifiable information.

9. Confidentiality

You agree to hold in strict confidence and not disclose to any other parties information learned through your participation in Activities. You agree to use such information strictly and solely for the purpose of sharing your experiences, perceptions, and opinions with Harris Interactive or third parties acting on behalf of Harris Interactive. You agree to notify us at mobile@harrisinteractive.net should you discover any loss or unauthorized disclosure of such information.

10. Cancellation

Your use of the Application and participation in Activities are voluntary and may be terminated at will. There is no obligation or requirement to continue using the Application and/or participating in Activities. You may cancel your registration by notifying us at mobile@harrisinteractive.net. Any accrued or pending Rewards you have or will earn in connection with your use of the Application and participation in Activities may be forfeited the moment you cancel your registration.

11. Disclaimers

Neither Harris Interactive nor its officers, employees, agents, partners, or licensors make any warranty that (i) the Application and participation in any Activities will meet your requirements; (ii) the Application and participation in any Activities will be uninterrupted, secure, error-free, or free of viruses or other harmful components; or (iii) the quality of any products, services, Rewards, information or other material obtained by you through your use of the Application and participation in any Activities will meet your expectations.

Any material downloaded or otherwise obtained through your use of the Application and participation in Activities is accessed at your own discretion and risk, and you will be solely responsible for any damage to your mobile device or loss of data that results from you downloading or otherwise accessing such material.

You acknowledge that Harris Interactive assumes no responsibility or liability for the accuracy of material contained in or accessed through your use of the Application, or any infringement of third party intellectual property rights arising therefrom, or any fraud or other crime facilitated thereby.

THE APPLICATION (INCLUDING CONTENT THEREIN) AND THE ACTIVITIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HARRIS INTERACTIVE AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS 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, AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HARRIS INTERACTIVE OR THIRD PARTIES ACTING ON BEHALF OF HARRIS INTERACTIVE, OR THROUGH OR FROM THE APPLICATION OR THE ACTIVITIES, SHALL CREATE ANY WARRANTY.

12. Limitation of Liability

IN NO EVENT SHALL HARRIS INTERACTIVE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, ARISING FROM YOUR USE OF THE APPLICATION AND PARTICIPATION IN ACTIVITIES, EVEN IF HARRIS INTERACTIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, HARRIS INTERACTIVE’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO HARRIS INTERACTIVE FOR USE OF THE APPLICATION AND/OR PARTICIPATION IN ACTIVITIES IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY. Some states/countries do not permit the exclusion of damages, so the foregoing limitation may not apply to you.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Application, your participation in Activities, these Terms, the Rewards Terms, or any applicable Other Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

13. Indemnification

You agree to indemnify and hold Harris Interactive and its representatives, officers, directors, employees, agents, licensors, clients, and partners harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys’ fees, made by any third party due to or arising out of (i) your use of the Application or participation in Activities in violation of these Terms, the Rewards Terms, or any applicable Other Terms; (ii) any content that you upload, post, submit, or otherwise transmit through your use of the Application or participation in Activities; or (iii) disclosure of your username and/or password to any third parties, including, without limitation, any actions taken by such third parties as a result of having access to your username and/or password.

14. Compliance with Laws

You shall comply with all applicable laws, statutes, ordinances, and regulations in connection with your use of the Application and participation in Activities.

15. No Agency

No agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created by these Terms.

16. Notices

Except as explicitly stated otherwise, any notices shall be given by email to mobile@harrisinteractive.net (in the case of notice to Harris Interactive) or to the email address you provide to Harris Interactive during the registration process (in the case of notice to you), or such other address as a party shall specify in writing. Notice shall be deemed given twenty-four (24) hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Harris Interactive may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided by you during the registration process, if applicable. In such case, notice shall be deemed given three (3) days after the date of mailing.

17. Legal Action; Arbitration

We reserve the right to take appropriate legal action, including, without limitation, referral to law enforcement, in the event of any illegal or unauthorized use of the Application or participation in Activities.

Any controversy or claim arising out of or relating to your use of the Application, your participation in Activities, these Terms, the Rewards Terms, and/or any applicable Other Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of New York, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Harris Interactive may seek any interim or preliminary relief from a court of competent jurisdiction necessary to protect such party’s rights or property pending the completion of arbitration.

18. General

These Terms, the Rewards Terms, and any applicable Other Terms shall be governed in all respects by the laws of the State of New York without giving effect to that State’s provisions regarding conflicts of laws. If any provision of these Terms, the Rewards Terms, or any applicable Other Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Harris Interactive’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. If you do not agree with these Terms, the Rewards Terms, or any applicable Other Terms, or any future modifications to these Terms, the Rewards Terms, or the applicable Other Terms, your sole and exclusive recourse is to not use the Application and participate in Activities. These Terms set forth the entire understanding and agreement between you and Harris Interactive with respect to the subject matter hereof.

Contact

Got a question, or want to learn more?

877.919.4765

mobile@harrisinteractive.net