Apartment Therapy Media
Consumer Market Research Panel Membership Terms and Conditions
Late Updated: November 20th, 2018
These terms and conditions (“Terms“) explain the terms of your membership on and participation in the Apartment Therapy,LLC (the “Company”) consumer market research panel (the “Panel”). Please read these Terms carefully. If you do not accept and agree to be bound by any of these Terms, you are not authorized to continue membership or participation on the Panel. Your access to and participation on the Panel constitutes your acceptance of and agreement to abide by each of these Terms. These Terms may be changed, modified, supplemented or updated by the Company from time to time without advance notice by posting here and you will be bound by any such changed, modified, supplemented or updated Terms if you continue to participate on the Panel after such changes are posted. You are encouraged to review these Terms periodically for updates and changes.
We always welcome your questions and feedback. You may contact us at
BECOMING A PANEL MEMBER; ELIGIBILITY
You may become a member of the Panel by opting in, completing the application process, and if you meet all eligibility requirements, including but not limited to being 18 years of age or older. As a Panel member you will be asked to provide some personal information about yourself and agree to all of these Terms.
WITHDRAWAL OF PARTICIPATION; TERMINATION
At all times, your participation on the Panel is voluntary at your discretion, as well as subject to the discretion of the Company. You may withdraw from participation at any time by notifying the Company. The Company reserves the right to terminate any Panel member at any time for any reason, in the Company’s sole discretion. The Company further reserves the right to terminate the Panel itself for any reason, at any time.
You may not disclose to others any of the information that the Company discloses to you through the Panel or your participation on the Panel or use such information for any purpose other than participation on the Panel. Your Panel user name and password are for your use only. You may not disclose your password to any other person.
- USE AND OWNERSHIP OF DATA COLLECTED
Any and all data collected through the Panel may be used by the Company to improve and tailor its products and services and the data will become and remain the exclusive property of the Company. The Company also works with third parties such as advertisers and sponsors to obtain feedback, and those third parties will receive and may use all data received through the Panel. The data will be used for analysis, anonymously and in the aggregate, and processed for research purposes. The Company may share Panel data collected with third party vendors who assist the Company in analyzing and using the data. The Company may use any and all research collected for any purpose it deems appropriate in its discretion.
You irrevocably assign to the Company all rights in any ideas or expressions of ideas that you provide through the Panel. All comments, suggestions, graphics, ideas (including product and advertising ideas), and other information or materials you submit to the Company or through the Panel will become and remain the exclusive property of the Company. This means that you disclaim any proprietary rights in such submissions, and you acknowledge the Company has the unrestricted right to use them (or materials or ideas similar to them) in any medium, now and in the future, without notice, compensation or other obligation to you or any other person. It also means that with the exception of your personal information, the Company has no obligation to keep your submissions confidential.
You further release and waive all claims against the Company with respect to any intellectual property or other proprietary rights, rights of privacy and publicity, rights of attribution, or any other liability under the applicable laws. You agree to indemnify and hold the Company harmless from all claims, actions, damages, costs, judgments, penalties or expenses of any kind whatsoever (including reasonable attorneys’ fees except as provided herein), which may be obtained against, suffered by, or imposed upon the Company and/or its officers, directors, agents or affiliates as a result of any claim for its use of any information you provide through the community that was proprietary, confidential or protected by the laws of any jurisdiction.
CODE OF CONDUCT
You agree not to upload, post or transmit to or distribute or otherwise publish through the Panel any materials which (i) restrict or inhibit any other user from participating on the Panel, or contain a virus or other harmful component, (ii) violate any laws or violate or infringe any rights of third parties (including copyright, trademark, rights of privacy or publicity or any other proprietary right), or (iii) are not appropriate or pertinent to the purpose of the Panel or are libelous, defamatory or offensive. You will agree to abide by the copyrights, trademarks and other intellectual property and proprietary rights of the Company.
You agree to abide by these rules of conduct:
- Only those who are members of the Panel may access it.
- Unless specifically told otherwise, you must keep confidential all information that the Company, other Panel members, and you share.
- The Company has the right to use the ideas and information that you put forth on the Panel.
- You agree not to engage in behavior that does not support a safe and comfortable environment for all members, or to engage in any proselytizing or commercial activity.
- You agree not to copy or download any material from the Panel.
- You agree to receive emails and other communications from the Company regarding the Panel.
- You agree not to post any of the following: material that advocates illegal activity, advertising or any form of commercial solicitation, or copyright-protected files.
LIMITATION OF LIABILITY
YOUR PARTICIPATION ON THE PANEL IS AT YOUR OWN RISK. THE COMPANY SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU. COMPANY’S AGGREGATE LIABILITY TO A PANEL MEMBER UNDER THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE, WILL BE LIMITED TO THE FEES PAID TO SUCH PANEL MEMBER.
You agree to defend, indemnify, and hold the Company, its parents, subsidiaries, affiliates, officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms.
GOVERNING LAW; CLASS ACTION WAIVER
The Agreement shall be governed by and construed in accordance with the laws of the State of New York, United States of America. If a provision of this Agreement is found to be invalid, the validity of the remaining provisions shall not be affected. As a condition of participating on the Panel, you agree that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or in connection with the Panel, shall be resolved individually, without resort to any form of class action, exclusively before a court located in New York having jurisdiction. Further, in any such dispute, under no circumstances will you or any participant be permitted to obtain awards for, and you hereby waive all rights to claim punitive, incidental or consequential damages, including attorneys’ fees, other than actual out-of-pocket expenses, and you further waive all rights to have damages multiplied or increased.
If a controversy, claim, or dispute arising from or relating to this Agreement is not resolved by negotiation, such dispute shall, at the request of either party, be resolved by arbitration that will be final and binding (to the fullest extent applicable under New York law) administered in the State of New York by the American Arbitration Association in accordance with its Commercial Arbitration Rules and Title 9 of the United States Code; provided that such arbitration shall be final and binding solely if conducted in compliance with such Commercial Arbitration Rules and Title 9 of the United States Code. Judgment on the award rendered by the arbitrators may be entered in any U.S. court having jurisdiction thereof over the losing or non-prevailing party. The arbitrators may hear and determine any preliminary issue of law asserted by a party as dispositive to the same extent that a court could hear and determine a motion for summary disposition (such as a motion for summary judgment under FRCP 56 by a U.S. District Court).
ENTIRE AGREEMENT AND SEVERABILITY
If for any reason a court of competent jurisdiction finds any provision of these Terms to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect.
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