LAST UPDATED: September 6, 2014

AFFILITY MEDIA INC. TERMS OF SERVICE

1. Agreement to be Bound

These Terms of Service (these "Terms of Service" or these "Terms"), as amended from time to time, govern your use of www.onlineteensurveys.com ("Website" or "OnlineTeenSurveys") or any other online product or service to which you have access or use or other online products or services (together, the "Service") offered by Affility Media Inc. or any of its subsidiaries and affiliates (collectively, "we", "us", "our" or "Affility Media").

The words "you" and "your" or "User" refer to you, the end user of the Service who is being presented with this document for your agreement.

BY USING, REGISTERING TO OR OTHERWISE ACCESSING THE SERVICE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT USE, OR OTHERWISE ACCESS THE SERVICES.

If at any point you do not agree to any portion of the then-current version of our Terms of Service, the Affility Media Privacy Policy, or any other Affility Media policy relating to your use of the Service, you must immediately stop using the Service in which event your license to use the Service will immediately terminate.

2. Privacy Policy

Use of the Service is also governed by Affility Media’s Privacy Policy ("Privacy Policy"). Please review our Privacy Policy as it contains important information about how we collect and use your content and personal data and how you can use the Service to share such information with others.

3. Updates to the Terms of Service and Privacy Policy

We may make changes to the Terms of Service and the Privacy Policy. If we make changes to either of the policies, we will post the amended Terms of Service or Privacy Policy on, or within, the Service or on our Website along with the date that it was last modified. You will be deemed to have accepted such changes by continuing to use the Service.

4. Grant of a Limited License to Use the Service

Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Affility Media’s policies, Affility Media grants you a non-exclusive, non-transferable, revocable limited license to access and use the Service solely for your own non-commercial entertainment purposes. You agree not to, and will not assist others to:

  1. design or assist in the design of automation software, bots, hacks, mods or any other software designed to modify or interfere with the Service;
  2. transmit any computer viruses, worms, defects, Trojan horses or any unauthorized communications including junk mail, chain letters, spam and any other materials that promote malware, spyware and downloadable items on, or in connection with the Service;
  3. gain unauthorized access to the Service, other users Account or to the computers, servers, or networks connected to the Service;
  4. reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service;
  5. copy, modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publically display, sell, trade or in any way exploit the Content (defined below) or Affility Media’s copyrights or trademarks;
  6. use any automated device, process or means including a robot, spider, site search/retrieval application, or other automated device, or any manual process or means to access, retrieve, scrape, or index the Content, Service or any of the User Generated Content (defined below);

5. Links to Third-Party Sites

The Service may include hyperlinks to web sites operated by third parties including advertisers and other content providers. Those sites may collect data or solicit personal information from you. Affility Media does not control such web sites, and is not responsible for the accuracy of the hyperlinks to those sites, the third party web site content, privacy policies, or for their collection, use or disclosure of any information they may collect from you.

6. Member Disputes

You are solely responsible for your interactions with others on, or in connection with, the Service. Affility Media may, but has no obligation to, become involved in any dispute that you have with any other party.

If you have a dispute with a third party you release Affility Media (and our officers, directors, agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use or data. If you are a resident of a jurisdiction that requires a specific statement regarding release then the following applies. For example, California residents must, as a condition of these Terms, waive the applicability of California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor." You hereby waive this section of the California Civil Code or any similar provision in law, regulation or code that has the same intent or effect as the aforementioned release.

7. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED).

WITHOUT LIMITING THE FOREGOING, NEITHER AFFILITY MEDIA NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, THE "AFFILITY MEDIA PARTIES") WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

8. LIMITATIONS; WAIVERS OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR HARMED REPUTATION, CAUSED BY OR RELATED TO THE USE OF, OR INABILITY TO USE, THE SERVICE OR RESULTING FROM THE RANKING OR ALGORITHM UNDER ANY CAUSE OF ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE). THE AFFILITY MEDIA PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE. AFFILITY MEDIA’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND USE OF THE SERVICES WILL IN NO CASE EXCEED $50.

YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE AFFILITY MEDIA PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE AFFILITY MEDIA PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING USERS OF THE SERVICE, COMPANY SURVEY PANELS AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. IN PARTICULAR, NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF AFFILITY MEDIA.

9. Indemnification

You agree to indemnify, save, and hold the Affility Media Parties harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising from any claim or demand made by any third party arising out of or relating to: (1) your access, use or misuse of the Service, including any unauthorized or illegal conduct; (2) your violation of these Terms of Service; (3) any surveys you participate in or any products or services obtained or purchased by you in connection with the Service; (4) any breach of the representations, warranties, and covenants made by you herein; and (5) the infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity. Affility Media reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Affility Media, and you agree to cooperate with Affility Media’s defense of these claims. Affility Media will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. You agree that the provisions in this paragraph will survive any termination of your Account or of the Service.

10. Dispute Resolution

If a dispute arises between you and Affility Media, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, Affility Media and you will resolve any claim or controversy at law or equity that arises out of these Terms or the Service (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to legal action, we strongly encourage you to first contact us directly at Customer Support to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

11. General Provisions

11.1. Assignment

Affility Media may assign or delegate these Terms of Service and/or the Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service and/or Privacy Policy without Affility Media’s prior written consent. Any unauthorized assignment and delegation by you is void and ineffective.

11.2. Supplemental Policies

In some cases, a certain Service may require you to read and agree to specific terms and conditions. Your right to use that Service is subject to those specific terms and these Terms of Service. To the extent these Terms of Service or the Privacy Policy conflict with any other Affility Media terms, policy, rules or codes of conduct, the terms contained in these Terms of Service and in the Privacy Policy will govern.

11.3. Entire Agreement

These Terms of Service, any supplemental policies and any documents expressly incorporated by reference herein (including the Privacy Policy), contain the entire understanding of you and Affility Media, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Service.

11.4. Law and Forum for Legal Disputes

These Terms of Service and/or the Privacy Policy and any dispute arising out of or related to them or the Service shall be governed in all respects by the laws of the Province of British Columbia as they apply to agreements entered into and to be performed entirely within British Columbia between British Columbia residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Affility Media must be resolved exclusively by a court located in Vancouver, British Columbia. You agree to submit to the personal jurisdiction of the courts located within Vancouver, British Columbia for the purpose of litigating all such claims or disputes.

11.5. Language of the Terms of Service

If we provide you with a translation of the English language version of these Terms of Service, the Privacy Policy or any other policy, then you agree that the translation is provided for informational purposes only and does not modify the English language version of the Affility Media Policies. In the event of a conflict between a translation of any Affility Media policy and the English version, the English version will control.

11.6. Severability

You and Affility Media agree that if any portion of the Terms of Service and/or the Privacy Policy is found illegal or unenforceable in whole or in part by a court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect.

11.7. No Waiver

The failure of Affility Media to require or enforce strict performance by you of any provision of these Terms of Service and/or the Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Affility Media 's right to assert or rely upon such provision or right in that or any other instance. The express waiver by Affility Media of any provision, condition, or requirement of these Terms of Service or the Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

11.8. Equitable Remedies

You acknowledge and agree that the rights granted and obligations made under these Terms of Service to Affility Media are of a unique and irreplaceable nature, the loss of which shall irreparably harm Affility Media and which cannot be replaced by monetary damages alone. Accordingly, Affility Media shall be entitled to injunctive or other equitable relief in the event of any breach or anticipatory breach by you.

You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of any part of the Service or any other Affility Media product or service.

11.9. Force Majeure

Affility Media shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Affility Media, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Affility Media’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.