TERMS AND CONDITIONS
Tellwut Corp. (“TW”) is a Canadian company and the owner of www.tellwut.com, a social networking site (the “Site”), which allows users to post surveys, answer surveys, refer friends to the Site to similarly post and answer online surveys, and provide certain personal information about themselves all while earning rewards that can be redeemed for merchandise. It also allows businesses to participate in a variety of fee-based programs regarding the posting of surveys and the collection of survey data.
Any modifications to the Program or the Terms will be posted on the website located at www.tellwut.com, so you should check the "last modified" date of the Terms periodically. The online version of the Terms is the governing version. The Program is initially launching in Canada and the United States. We reserve the right, in our sole and absolute discretion, at any time, for any reason whatsoever, and without notice, to terminate, suspend or modify the Program or the Terms at any time and without prior individual notice, which includes, without limitation, expanding the Site and the Program to other countries.
OVERVIEW OF THE SITE
There are three (3) ways to participate on the Site.
1. Unregistered User. Users may navigate the Site without registering. These users may answer surveys, however, they are not able to post surveys, they will not be enrolled in the Program and they cannot earn rewards.
2. Registered Voter Member. Users can register as “Voter Members”, whereupon they will automatically be enrolled in the Program, which gives users the ability to earn rewards through collection of “TW Points”, as defined below, when they provide more personal information about themselves beyond basic registration information, and each time they complete a survey or create a survey that is posted on the Site or refer a friend to the Site.
3. Registered Business Member. For a variety of fee programs, businesses can register as “Business Members”, which gives businesses access to use the Site’s online survey software, the ability to generate and post surveys, send surveys to the Business Members’ own contact lists or to Voter Members who have opted in to receive surveys. Business Members are not eligible for the Program.
Together Voter Members and Business members are referred to as “Members”.
ELIGIBILITY TO BE A VOTER MEMBER
- You must be a resident of Canada or the United States, be at least eighteen years old and be the sole authorized account holder of a unique and valid email address, which will be associated to your account during your participation in the Program (“Eligibility Criteria”).
- You are not eligible if you are an employee of TW, its parent, affiliates, divisions, related companies, or a member of the immediate family or household of any such employee.
REGISTERING AS A VOTER MEMBER
- To register, you must complete the online registration form by providing your first and last name, unique e-mail address, which will be used to communicate with you, gender, and date of birth (“Account Information”).
- When you register as a Voter Member, you will automatically be enrolled in the Program. The Site will require you to create a username, which will be seen on the Site if you make comments on the Site, and a password for your Program account (“Account”).
- Voter Members may only register once and TW will only accept one account per mailing address. Voter Members must create their account from a unique IP address, which must be from the same location as the registration address on the account. Accounts created using a proxy IP will not be accepted. Voter Members found opening multiple accounts and or additional Voter Members from the same household will have all accounts deleted and will forfeit any TW Points accumulated in those Accounts.
- You are solely responsible for keeping your password secure. You agree to immediately notify the Site of any security breach to or unauthorized use of your Account.
- By registering, you: (a) certify that you meet the Eligibility Criteria; (b) consent to our collection, use and disclosure of personal information as described in the Privacy Notice below; (c) have and will provide true, accurate and complete information on the registration form and when answering surveys; (d) that you have only registered for the Site once, that you have not registered on behalf of another individual or any group or entity and that you will not use or attempt to use another’s Account or create a false identity; and (e) acknowledge that you have read and agree to abide and be bound by the Terms, as they may be modified from time to time, and all decisions of TW, which shall be final and binding in all matters relating to the Program.
REGISTERING AS A BUSINESS MEMBER
- To register as a Business Member, you must sign-up for a free trial or purchase a business package which is detailed at: http://www.tellwut.com/business/web_poll_software. On sign-up you are required to provide standard business account information.
- By registering as a Business Member, you agree to pay any fees due under these Terms. The fees shall be charged to your PAYPAL account or to a credit card provided by you to PAYPAL on purchase of specified service. If you purchase a subscription, the fee shall be charged through PAYPAL automatically every month as a preauthorized payment. All fees, including subscription fees and paid survey packages, are listed on the Pricing Solution link on the Site and shall be subject to change at the Site’s sole discretion at any time with or without notice.
- TW reserves the right to immediately terminate these Terms for any breach of them by you. For any other reason, these Terms may be terminated by either TW or you upon thirty days written notice to the other party. Upon any termination of these Terms by either party, your right to use the Site shall immediately terminate. The Site will not be liable to you or any third-party for termination of these Terms, even if the Site has previously been advised of the potential harm.
- As a Business Member, your only right with respect to any dissatisfaction with any term, policy, guideline, action or practice of the Site, content available on the Site or change thereon, or imposition of fees for use of the Site is to terminate your use of the Site by delivering notice of termination to the Site. You agree that a subscription to the Site is not a right but a privilege and that a subscription is a contractual relationship only.
- The Site reserves the right to accept, refuse or limit your use of the Site for any reason, including, but not limited to, PAYPAL and payment clearance, errors in prices.
- The Site has the right to change technical parameters at any time without notification or explanation. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SITE IS AT YOUR OWN RISK. THE SITE DOES NOT WARRANT THAT THE USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; THE SITE DOES NOT MAKE ANY WARRANTY AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE.
- In particular, online survey results obtained through the Site are not purported to be a statistically accurate depiction, but rather the results derived from the response to surveys by Voter Members and Unregistered Users. The results of the survey do not reflect the opinion of the Site. The Site cannot guarantee survey response rates of its Voter Members to Business Members who pay for surveying the Sites’ Voter Members.
GRANT OF RIGHTS AND ACCEPTABLE USE POLICY
- The Site grants to you a non-exclusive, non-transferable, limited, terminable right to use the Site for legitimate personal and business purposes.
- You agree that you will not upload, post, or otherwise distribute or facilitate the distribution of any content that is improper to the Site, including but not limited to, content that:
a) is false, inaccurate, misleading or deceptive;
b) violates any law or regulation of Canada, the U.S. or any other country;
c) is threatening, abusive, harassing, defamatory, libelous, discriminatory, fraudulent, invasive of another's privacy or tortuous;
d) contains links to any pornographic or other offensive sites;
e) contravenes or infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
f) instigates or incites others to commit illegal activities;
g) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail,
h) constitutes any form of lottery or gambling or the conducting of any contests/raffles;
i) constitutes the selling or trading of any merchandise;
j) constitutes soliciting for advertisers/sponsors;
k) promotes, solicits or participates in chain letters or marketing/pyramid schemes;
l) contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of the Site, or any software, hardware, or telecommunications equipment, or to damage or obtain unauthorized access to any data or other information of any third party; or
m) impersonates the name, image, picture or likeness of any third-party person or entity not affiliated with you unless prior consent of the third-party or the third-party’s legal guardian or representative has been obtained.
3. Except through the authorized sending of surveys as permitted through the Site, you will not harvest or collect information about Voter Members or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications.
4. TW provides Voter Members with the ability to invite friends to become Voter Members. “Friends” are those with whom a Voter Member has a personal/professional relationship and who are eligible to become a Voter Member. Names and email addresses of invited friends will be used to send an email using the inviting friend's email address from TW’s server notifying them about TW's Program. Names and email addresses of invited friends will not be retained by TW unless the invited friend chooses to become a Voter Member. Prior to using the Invite a Friend feature, Voter Member must have the permission to use his/her friend's email address and name. Voter Members may not use the "Invite A Friend" Form for any other use other than to invite friends to TW’s Program, including, but without limitation, to send: (i) to strangers; (ii) multiple invitations to the same friend; (iii) unsolicited email; or (iv) “spam”. The Voter Member’s email and name will appear to the friends receiving the email invitation to become a Voter Member. The Voter Member will be advised only of the referred friend’s user name if the referred friend becomes a Voter Member.
5. TW provides Voter Members with the ability to invite friends to answer surveys. “Friends” are those with whom a Voter Member has a personal/professional relationship. Names and email addresses of friends invited to take a survey will be used to send an email using the Voter Member’s email address from TW’s server notifying them about the survey request. Names and email addresses of invited friends will not be retained by TW unless the invited friend chooses to become a Voter Member. Prior to using the Invite a Friend to take a survey feature, Voter Member must have the permission to use his/her friend's email address and name. Voter Members may not use the "Invite A Friend" Form for any other use other than to invite friends to take a Tellwut Survey, including, but without limitation, to send: (i) to strangers; (ii) multiple invitations to the same friend; (iii) unsolicited email; or (iv) “spam”. The Voter Member’s email and name will appear to the friends receiving the email invitation to take a TW survey.
6. TW provides Business Members with the ability to invite Tellwut Voter Members to answer surveys for the purpose of Market Research. Business Members may not use the “Contact List” Form for any other use other than to invite Tellwut Members to take the Business Member’s Tellwut Survey, including, but without limitation, to send: (i) multiple invitations; (ii) unsolicited messages within the email; or (iii) “spam” email messages. The Business Member’s email and name will appear to the Voter Members receiving the email invitation to take a TW survey and Voter Members will receive TW reward points for taking the Business Member’s Survey.
7. If you violate these Terms or TW learns of other unlawful or harmful use of the Site by a Member, your Member’s rights may be immediately terminated under these Terms, including, but not limited to, disabling your access to the Site, cancelling your Account, or taking other action deemed appropriate, including notifying the authorities and suing for damages. The Site reserves the right to delete and or suspend your Account for any reason, without liability. The Site also reserves the right at its discretion to reverse a Voter Member’s rewards points for any reason, without liability and you or the Voter Member shall have no other remedies.
CONTENT ON THE SITE
- TW is not responsible for any content posted by Members, including, without limitation, surveys, polls, videos, photos, comments posted on The Site. In general, TW does not pre-screen, monitor, or edit the content posted by Members using blogs, comment areas or other interactive services that may be available on or through the Site. However, TW has the right at its sole discretion to remove any content at any time that, in its judgment, does not comply with the ACCEPTABLE USE POLICY or is otherwise harmful, objectionable, or inaccurate, without notice or explanation. The Site is not responsible for any failure or delay in removing such content.
- The Site reserves the right to approve all content including user surveys before publication. In the event that the Site deems content to be unsuitable for publication, for whatever reason, the Site may, in its sole discretion, refuse to publish said content without notice or explanation. The Site also reserves the right to edit, amend and change any and all surveys and associated questions as it sees fit prior to publication without notification or explanation. Under such circumstances you will still receive rewards points associated with posting the survey and your user name will be associated with the survey.
- Frequency of posts: Voter members are limited to a maximum of two (2) survey submissions per week, which may or may not be published. Any additional surveys submitted will not be published. TW reserves the right to change the limit of the number of surveys allowed to be submitted at any time.
- Legacy: Surveys submitted by voter members will initially be available for voting for a period at the discretion of the Site.
HOW VOTER MEMBERS CAN EARN REWARD POINTS
- Rewards points can be earned by: (i) registering with the Site, (ii) providing the Site with more detailed information than what is required on registration, namely, “Additional Personal Information” and “Contact and Shipping Information”, (iii) answering survey questions, (iv) submitting single or multi-answer approved surveys for publication on the Site, or (v) referring or inviting a friend to the Site when the friend subsequently registers as a Voter Member. The values in TW Points for each of the foregoing actions can be found: www.tellwut.com/FAQ.
- TW has the right to reverse TW Points earned in the event of system error.
- TW reserves the right to change TW Points eligible to be earned on various activities, to change TW Point redemption schemes and to terminate the Program altogether, at any time, at its sole discretion, with or without notice and without liability.
- TW Points do not represent cash. They may be redeemed pursuant to the Terms.
- Any unused TW Points remaining in your Account after the end of the Program or upon termination of the Program may be automatically deleted.
- TW Points are a non-negotiable credit for Rewards; they may not be brokered, bartered, attached, pledged, gifted, inherited or sold; they are not transferable to any other Account holder or other person; and they are not divisible on divorce.
- TW will not be liable or responsible in any manner for any tax consequences which may flow from your participation in the Program.
- Once TW Points have been posted, you can check your Account history and TW Points balance by clicking on your “Balance” tab in your account profile.
- Your Account will be deemed correct unless otherwise challenged with evidence that, in our sole and absolute discretion, demonstrates a discrepancy that warrants correction. You must bring account discrepancies to our attention within 5 days of the event by emailing firstname.lastname@example.org. After the 5 days, you are deemed to have waived all claims for adjustment. We will not be liable for discrepancies, omissions, inconsistencies or errors in your Account or your collection and/or redemption of TW Points. We reserve the right to restrict redemption or put a "hold" on TW Points until an alleged discrepancy is resolved.
- Voter Members must advise us immediately of any changes to their Additional Personal Information (as defined below in Privacy Notice) including name, address, telephone numbers and email address by emailing us at email@example.com.
- If your Account is inactive, meaning you have not done any activity eligible for earning TW Points for a period of twelve consecutive months, TW reserves the right to suspend and/or cancel your Account, without notice, and such suspension or cancellation will automatically delete all TW Points accumulated but not redeemed.
- If your fail to participate reasonably in third party surveys, available via email or on your account page https://www.tellwut.com/account/index (ie “High Point Surveys” or Available Surveys found under the “Profile” area on the left of your screen, https://www.tellwut.com/account/availableSurveys ) TW reserves the right to limit fun surveys created by TW and our Voter Members, as well as to suspend and/or cancel your Account, without notice, and such suspension or cancellation will automatically delete all TW Points accumulated but not redeemed.
- TW reserves the right to restrict redemption or put a "hold" on TW Points for up to thirty days from the date the TW Points are posted to an Account.
REDEEMING TW POINTS
- TW Points are redeemable only for the goods and merchandise with a pre-determined TW Points value posted at www.tellwut.com/products/product_rewards (“Rewards”). The list of Rewards is updated on a periodic basis. TW, in its sole and absolute discretion, may add or exclude the selection of Rewards available for redemption at any time, or adjust the TW points required to redeem a reward with or without notice.
- TW Points are not redeemable for cash.
- TW Points are only available for redemption by Voter Members in Canada and the United States. Business Members are not eligible to collect or redeem reward points.
- It is the Voter Members responsibility to pay any taxes required by Federal, Provincial and or State legislation on Redeemed Merchandise.
- If you wish to redeem TW Points towards a purchase, you must redeem all TW Points in your Account up to the total value of the selected item(s). If you have an insufficient amount of TW Points, it is not possible to pay the difference.
- You can only redeem TW Points that have been posted to your Account.
- You can only redeem TW Points if you have provided accurate Shipping and Additional Personal Information.
- Redeemed merchandise may be subject to taxes, shipping charges, customs and duties, all of which are payable by the Voter Member.
- Redeemed merchandise will shipped through reputable agencies. TW accepts no responsibility once the order has been shipped including for lost, late or undelivered goods. TW will attempt to rectify any non-delivery issues with the shipper. Any instances of goods damaged in transit will be the responsibility of the recipient to reconcile with the shipper.
- All products available for redemption have limited stock. TW cannot guarantee that product redeemed through the Program will be exactly as shown on the Site, although every attempt will be made to match items as closely as possible. TW cannot be held responsible for items being out of stock, no longer available or different from items shown.
- TW is not liable for any malfunction or failure of any product to perform as expected. Standard manufacture warranties or terms and conditions as supplied by the product supplier apply. Any recourse would lie between you and the product supplier. The disclaimer under Limitation of Liability below in no way disclaims any warranties provided by the manufacturer or owner of a product available for reward point redemption displayed on the Site. The Site and the product suppliers make no representations or warranties with respect to the availability of any warranties for products used by Voter Members outside Canada and the United States.
VOTER MEMBERS’ CONDUCT
- We reserve the right to suspend and/or cancel your Account, permanently expel you from the Program and/or put a "hold" on, not credit, revoke and/or delete TW Points from your Account if we determine, in our sole and absolute discretion, that you: (a) abused the Program's privileges; (b) you do not meet the Eligibility Criteria set forth in the Terms; (c) failed to follow the Terms; (d) made a misrepresentation, including without limitation, submitting false or fictitious Personal Information; (e) redeemed merchandise that will be used for resale or commercial use, and/or (f) obtained TW Points as a result of any fraudulent, dishonest, misleading or illegal act, including random clicking or used a system (including online systems, communication systems, servers, computers, software or other automated means), or were otherwise improperly credited TW Points.
MAINTAINING THE SECURITY OF YOUR ACCOUNT
- Identification may be required to confirm your Voter Membership when redeeming TW Points.
- You must notify us immediately if your password is lost or stolen and we will deactivate your Account. Upon presentation of proper identification (government issued photo ID may be required), in our sole and absolute discretion, we may reactivate your Account. We are not responsible for any redemption made using a lost or stolen password.
TERM AND TERMINATION
- The term of these Terms begins upon first use or registration of the Site. The term ends when your Account is deleted or suspended either on the initiative of TW or you.
- In the event of any dispute regarding any matter relating to use of the Site, i.e. the posting of online surveys, posting of blog content, Voter Member account balance, eligibility for points or any other related matter, the decision of TW shall be final and binding.
RELEASE OF LIABILITY
- By participating in the Program, you agree to release TW, its parent, affiliates, divisions, related companies, and all of our and their respective officers, directors, owners and employees, (collectively "Releasees") from any and all liability arising from or connected to the Program, including, without limitation, the collection, redemption or revocation or deletion of TW Points, the suspension, termination or modification of your Account, Terms or the Program, or for any failures, human or otherwise, or any other circumstances affecting the Program in any manner including without limitation, your ability to participate in the Program or to collect or redeem TW Points, your use of and participation in the Site, your use of any products or other materials obtained from the Site, the impact of any question/survey answered, posted or distribution through the Site. Efforts have been made to ensure that the information herein and related Program materials are correct. We and the other Releasees are not responsible for any errors or omissions herein or in the Program materials.
LIMITATION OF LIABILITY
- TO THE EXTENT PERMITTED BY LAW, ALL ASPECTS OF THE PROGRAM AND EVERYTHING ON ANY THE SITE IS PROVIDED "AS IS" WITHOUT ANY CONDITION, REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY THE SITE, ITS EMPLOYEES, AGENTS OR REPRESENTATIVES OR SIMILAR CREATE A WARRANTY.
- WITHOUT LIMITING THE FORGOING, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL TW OR ANYONE ELSE INVLOVED IN THE SITE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE SITE, ITS CONTENTS OR ANY PRODUCTS THAT HAVE BEEN REDEEMED THROUGH THE SITE OR THAT RESULT FROM DEFECTS, MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS IN OPERATION OR TRANSMISSION, VIRUSES, DELETION OF FILES, OR FOR ANY LOSS OF PRIVACY OR CONFIDENTIALITY, HOWSOEVER CAUSED.
- IN NO EVENT SHALL THE TOTAL LIABILITY OF TW, OR ITS EMPLOYEES, OFFICERS, DIRECTORS, AND OWNERS FOR ANY DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EITHER JOINTLY OR SEVERALLY, EXCEED THE AGGREGATE AMOUNT OF ANY FEES PAID BY YOU FOR THE SITE.
- The foregoing provisions are for the benefit of the Releasees, and each shall have the right to assert and enforce the provisions directly on its own behalf.
- By participating in this Program, you agree that: (i) you will contact us directly and give us the opportunity to try to resolve any and all disputes before you take any action in court, or otherwise; (ii) any and all disputes, claims and causes of action arising out of or connected with the Program shall be resolved individually, without resort to any form of class action; (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event legal fees; and (iv) under no circumstances will Member be permitted to obtain awards for, and Member hereby waives all rights to claim punitive, incidental and consequential damages and any other damages other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
- The Program and/or the TW Points are void where prohibited by law.
- Any waiver by us of the strict observance, performance or compliance with the Terms, either expressly granted or by course of conduct, shall be effective only in the specific instance and shall not be deemed to be a waiver of any of our rights or remedies as a result of any other failure to observe, perform or comply with the Terms. No delay or omission by us in exercising any of our rights or remedies shall operate as waiver thereof or of any other right or remedy.
- If any part of the Terms is declared invalid or unenforceable by a court of competent jurisdiction, the balance of the Terms shall remain valid.
- The Parties agree that these Terms constitute entire agreement between them regarding the Site and the Program. Any representation, warranty or condition, written or otherwise, not expressly contained in these Terms shall not be enforceable by either Party.
- Each of the Parties acknowledges and agrees that it has not been induced to enter into these Terms by any representations not specifically stated herein.
CHOICE OF LAW AND JURISDICTION
- All issues concerning interpretation and enforceability of the Terms and any and all disputes, claims and causes of action arising out of or connected with this Program or the Site shall be governed by, and construed in accordance with, the laws of the Province of Ontario and the laws of Canada applicable therein without giving effect to any choice of law or conflict of law rules that would cause the application of the laws of any jurisdiction other than the Province of Ontario and the laws of Canada applicable therein. By participating, you consent to the exclusive jurisdiction and venue of the federal, provincial and local courts located in Toronto, Ontario.
- You understand and acknowledge that the names, logos and other intellectual property displayed on or associated with the Site are the trademarks, service marks, and trade names of TW and all rights associated therewith are reserved by TW. You have no rights to such trademarks or names, or to any other terms, graphics, text, concepts or methodologies, by using the Site and the material contained therein.
- You understand that unless permitted in the Terms, you have no right to modify, translate, edit, reproduce, prepare derivative works, reverse engineer, decompile, disassemble, alter, or enhance the Site’s intellectual property, including any software available on the Site.
- Unregistered visitors to the Site will be able to see the Voter Member’s User Name or Business Member’s name associated with any surveys or comments to blogs that are posted on the Site.
- Voter Members within the Site will be able to see other Member’s country along with state/province if the Voter Member has provided the Site with this information. Voter Members may email each other through the Site’s internal email system.
- Voter Members may ask other Voter Members to become “friends” within the Site. It is your decision to accept or decline any friend request. If you accept a friend request the Voter Member will also know your name, along with the State/Province and country if you have set your privacy settings to allow your friends to see individually, your country, your name and your state/province.
- We collect your Contact and Shipping Information for the purpose of sending you merchandise that you redeem with your TW Points. This information may also be used by TW to send you targeted surveys on the TW software or on third party software.
- At any time after registration, you are presented with the option of providing us with more detailed personal information “Additional Personal Information”. You can earn TW Points by providing us with Additional Personal Information. To redeem TW Points, you are required to complete the Additional Personal Information. If you provide Additional Personal Information and at registration you opted-in to receive Surveys and Promotional Emails, your Additional Personal Information will be used to send you more personalized and or targeted Promotional Emails or Surveys on the TW software or on third party software. For example, our Business Members may ask us to send surveys on their behalf to individuals within a certain salary range.
- Making Choices. Any Voter Member who does not wish to receive Program Emails or Surveys or Promotional Emails from us or our Business Members can opt out of receiving such emails or mail by following the instructions in each such email or by emailing us at firstname.lastname@example.org at any time. It may take up to ten (10) days to process a request received by email .
- You can also contact our Privacy Office by emailing email@example.com change or update your Additional Personal Information, Account Information, or Contact and Shipping Information or for more information about our use of your personal information.
- Our Privacy Office can be reached by email at firstname.lastname@example.org
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