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Mobile Perceptions Panel Program Terms of Participation

THESE TERMS OF PARTICIPATION GOVERN YOUR PARTICIPATION AS A PANELIST IN THE MOBILE PERCEPTIONS PANEL PROGRAM.  PLEASE READ THESE TERMS OF PARTICIPATION ("AGREEMENT" OR "TERMS OF PARTICIPATION") CAREFULLY BEFORE YOU DECIDE WHETHER TO PARTICIPATE AS A PANELIST IN THE MOBILE PERCEPTIONS PANEL PROGRAM AND DOWNLOAD THE METERING SOFTWARE ON YOUR MOBILE DEVICE.  BY INSTALLING THE SOFTWARE ON YOUR DEVICE, YOU AGREE TO BE BOUND BY THIS AGREEMENT AND COMPLY WITH THE TERMS OF THE MOBILE PERCEPTIONS PANEL PROGRAM.  Any reference herein to "MOBILE PERCEPTIONS" shall mean MOBILE PERCEPTIONS AND/OR its relevant affiliates, agents, contractors, licensors AND DATA PARTNERS.

THESE TERMS OF PARTICIPATION GOVERN YOUR PARTICIPATION AS A PANELIST IN THE MOBILE PERCEPTIONS PANEL PROGRAM.  PLEASE READ THESE TERMS OF PARTICIPATION ("AGREEMENT" OR "TERMS OF PARTICIPATION") CAREFULLY BEFORE YOU DECIDE WHETHER TO PARTICIPATE AS A PANELIST IN THE MOBILE PERCEPTIONS PANEL PROGRAM AND DOWNLOAD THE METERING SOFTWARE ON YOUR MOBILE DEVICE.  BY INSTALLING THE SOFTWARE ON YOUR DEVICE, YOU AGREE TO BE BOUND BY THIS AGREEMENT AND COMPLY WITH THE TERMS OF THE MOBILE PERCEPTIONS PANEL PROGRAM.  Any reference herein to "MOBILE PERCEPTIONS" shall mean MOBILE PERCEPTIONS AND/OR its relevant affiliates, agents, contractors, licensors AND DATA PARTNERS.

General

By indicating your acceptance of these Terms of Participation you:

Definitions

"Confidential Information" means any proprietary data and any other information disclosed by one party to the other in writing and marked "confidential" or disclosed orally and, within ten business days, indicated in writing as "confidential".  Notwithstanding the foregoing, Confidential Information will not include any information that is or becomes publicly known through no fault of the receiving party, which is already in the receiving party's possession prior to disclosure by a party, or which is independently developed or collected by the receiving party without the use of Confidential Information.

"Metering Software" means the on-device metering software that is downloaded and installed on all Panelists' mobile devices for the purpose of monitoring and collecting Mobile Usage Data and sending such Mobile Usage Data to Mobile Perceptions and/or its data partners.

"Mobile Perceptions Panel Program" means Mobile Perception's internal sponsored program to monitor and collect data regarding Panelists' use of their mobile devices.
"Mobile Perceptions Site Content" means information, texts, data, graphics, photographs and any other materials or content provided by Mobile Perceptions or its partners on the Site.

"Mobile Usage Data" means the data collected by the Metering Software, including without limitation lists of installed applications, pre-installed or built-in application usage, downloaded application usage, web usage, SMS usage and MMS usage.

"Panelists" are those mobile device users who are screened, qualified and accepted by Mobile Perceptions to participate in the Mobile Perceptions Panel Program.

"Site" is www.mobileperceptions.net.  For use solely for the Mobile Perceptions Panel Program.

"Survey Data" means data gathered from surveys completed by Panelists.

Acceptance of Terms

The Mobile Perceptions Panel Program is offered subject to acceptance without modification of all of the terms and conditions contained within these Terms of Participation and all other operating rules, policies and procedures that may be published from time to time on the Site by Mobile Perceptions.  In addition, your participation in the Mobile Perceptions Panel Program may be subject to additional terms and conditions promulgated by Mobile Perceptions from time to time; your participation in the Mobile Perceptions Panel is subject to those additional terms and conditions, which are incorporated into these Terms of Participation by this reference.

We reserve the right, in our sole discretion, to revoke or suspend your participation in and/or access to the Mobile Perceptions Panel Program at any time without notification or liability to you or any other person, and for any reason or for no reason at all.

Age Requirements

Participation in the Mobile Perceptions Panel Program is available only to individuals who are at least 18 years old. You represent and warrant that if you are an individual, you are at least 18 years old that all registration information you submit is accurate and truthful; and that your participation in the Mobile Perceptions Panel Program does not violate any applicable law or regulation.  Mobile Perceptions may, in its sole discretion, refuse to offer participation in the Mobile Perceptions Panel Program to any person and change its eligibility criteria at any time.  This provision is void where prohibited by law and the right to access the Mobile Perceptions Panel Program is revoked in such jurisdictions.

Modification of Terms of Participation

Mobile Perceptions reserves the right, at its sole discretion, to modify or replace any of the Terms of Participation, or change, suspend, or discontinue the Mobile Perceptions Panel Program (including without limitation, the availability of any feature, database, data, or content) at any time by posting a notice on the Site or by sending you an email.  Mobile Perceptions may also impose limits on certain features and services or restrict your access to parts or all of the Mobile Perceptions Panel Program without notice or liability.  It is your responsibility to check the Terms of Participation periodically for changes.  Your continued participation in the Mobile Perceptions Panel Program following the posting of any changes to the Terms of Participation constitutes acceptance of those changes.

Communications

Except for any disclosure by you for technical support purposes, or as specified in our Privacy Policy, all communications from you to the Site or from your device in the form of Mobile Usage Data will be considered non-confidential and non-proprietary.  You agree that any and all data (including Mobile Usage Data), comments, information, feedback and ideas regarding our company, products or services (including the Mobile Perceptions Panel Program) that you communicate to Mobile Perceptions ("Communication") will be deemed, at the time of communication to Mobile Perceptions, the property of Mobile Perceptions, and Mobile Perceptions shall be entitled to full rights of ownership, including without limitation, unrestricted right to use or disclose such Communication in any form, medium or technology now known or later developed, and for any purpose, commercial or otherwise, without further compensation to you.  You are solely responsible for the content of your communications and their legality under all laws and regulations.  You agree not to use the Mobile Perceptions Panel Program or its associated web sites to distribute, link to or solicit content that is defamatory, harassing, unlawful, libelous, harmful to minors, threatening, obscene, false, misleading, or that infringes upon a third party's intellectual or privacy rights.

Access to Password Protected or Secured Areas

Access to and use of password-protected areas of the Site, is restricted to authorized users only. You will be asked to provide accurate and current information on all registration forms on the Site and are required to update such information as necessary in connection with your continued access and use. You are solely responsible for maintaining the confidentiality of the username and password to access this Site as well as any activity that occurs under that username/password, and you shall be liable for any unauthorized use of the Site with your username/password. You will not misuse your username or password, misrepresent your identity or your affiliation with an entity, impersonate any person or entity, or misstate the origin of any content and information you are exposed to through this Site. Furthermore, your access to and use of the secured areas of this Site will be governed by additional "Special Terms of Use," which you must review and agree to prior to accessing or using those secured areas. If you violate your obligations under this section, you may be subject to liability and prosecution.

Monitoring

Although Mobile Perceptions is not obligated to do so, it will have the right to review your communications on the Site to determine, among other things, whether you comply with our Terms of participation. Mobile Perceptions will not have any liability or responsibility for the content of any communications you post to this Site, or for any errors or violations of any laws or regulations by you. Mobile Perceptions will comply with any court order in disclosing the identity of any person posting communications on this Site. It is advisable that you review our "Privacy Policy" before posting any such communications.

Proprietary Rights and Restrictions

Subject to the terms and conditions herein, you are hereby granted a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use and access the Metering Software and the Site solely for purposes of your participation in the Mobile Perceptions Panel Program.  This license will terminate immediately if you fail to comply with these Terms of participation.  Upon such termination, you must immediately cease all access to and participation of the Metering Software.

As a condition of your participation in the Mobile Perceptions Panel Program, you recognize and agree that Mobile Perceptions and its designees have the right, for any purpose, to retain, use, publish or sell in aggregate form all data collected or generated as a result of your participation in the Mobile Perceptions Panel Program, including without limitation all Mobile Usage Data and Survey Data.  Mobile Perceptions' rights to retain, use, publish or sell such aggregated data are perpetual and assignable and shall not terminate upon your withdrawal from the Mobile Perceptions Panel Program.

You will not nor will you allow any third party to (i) copy, modify, adapt, translate or otherwise create derivative works of the Metering Software; (ii) reverse engineer, de-compile, disassemble the Metering Software, except as expressly permitted by the law in effect in the jurisdiction in which you are located; (iii) rent, lease, sell, assign or otherwise transfer rights in or to the Metering Software; (iv) remove any proprietary notices or labels contained within the Metering Software; or (v) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Metering Software.  You will use the Metering Software solely in connection with your participation in the Mobile Perceptions Panel.  You will comply with all applicable laws and regulations in your use of and access to the Metering Software and the Site.  Additionally, you shall not: (i) take any action that imposes or may impose (as determined by Mobile Perceptions in its sole discretion) an unreasonable or disproportionately large load on the infrastructure of Mobile Perceptions (or its third party providers); (ii) interfere or attempt to interfere with the proper working of the Metering Software and the Site; (iii) bypass any privacy settings or measures Mobile Perceptions may use to prevent or restrict access to the Metering Software or the Site; (iv) run mail list, Listserv, any form of auto-responder or "spam" on the Metering Software or the Site; or (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site.

You shall not use or disclose any Mobile Perceptions Confidential Information without Mobile Perceptions' prior written consent except for the purpose of performing your obligations under this Agreement, or if required by law, regulation or court order; provided, that you provide Mobile Perceptions with reasonable prior written notice of such disclosure and make a reasonable effort to obtain, or to assist Mobile Perceptions in obtaining, a protective order preventing or limiting the disclosure and/or requiring that the Confidential Information so disclosed be used only for the purposes for which the law or regulation required, or for which the order was issued.  Upon termination of this Agreement, you will promptly either return or destroy all Confidential Information and, upon request, provide written certification to Mobile Perceptions of such actions.

Registration

As a condition to accessing certain aspects of the Mobile Perceptions Panel Program, you will be required to register with Mobile Perceptions and provide all information as prompted by the registration process, including your email address and mobile phone number.  You shall provide Mobile Perceptions with accurate, complete, and updated registration information at all times.  Failure to do so shall constitute a breach of the Terms of Participation, which may result in immediate termination of your Mobile Perceptions account.  You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Mobile Perceptions access credentials.  You shall never use another user's account without such other user's express permission.  You will immediately notify Mobile Perceptions in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

Fees and Payment; Costs

In exchange for your participation in the Mobile Perceptions Panel Program, you will receive certain consideration as set forth on the Sites.  You agree that you are solely liable for all costs, fees, and other expenses resulting from your participation in the Mobile Perceptions Panel Program.  This specifically includes, but is not limited to, costs owed to your cell phone carrier or mobile provider, monthly cell phone coverage fees, data plan costs, connectivity and bandwidth costs, hardware costs, and any other additional fees incurred from your cell phone carrier, mobile provider, or data services provider.

Third Party Sites

The Mobile Perceptions Application Measurement Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site.  When you access third party websites, you do so at your own risk.  Mobile Perceptions is not responsible for and does not endorse any such third-party content or services.  These other websites are not under the control of Mobile Perceptions, and you acknowledge that Mobile Perceptions is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources.  The inclusion of any such link does not imply endorsement by Mobile Perceptions or any association with its operators, or any third-party service providers, products, services, opinions, or web sites accessed through the Mobile Perceptions Panel Program.  You further acknowledge and agree that Mobile Perceptions shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the participation in or reliance on any such content, goods or services available on or through any such website or resource.

Mobile Perceptions Site Content

You agree that the Mobile Perceptions Site Content provided by Mobile Perceptions or its partners is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws.  You agree that you have no license or right to use the trademarks, copyrights, patents, trade secrets, Mobile Perceptions Site Content and other intellectual property rights of Mobile Perceptions or its licensors (collectively, "Intellectual Property"), except while logged in as an authorized member of the Site, and then only in connection with your use of the Site to the extent authorized by these Terms of Participation.  The Intellectual Property may not be used in connection with any product, service, publication or web sites of yours or any third party without the express written permission of Mobile Perceptions, or in any manner that disparages or discredits Mobile Perceptions.

You shall abide by all copyright notices, information, and restrictions contained in any Mobile Perceptions Site Content accessed through the Mobile Perceptions Panel Program.  You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit any Mobile Perceptions Site Content or third party submissions or other proprietary rights not owned by you (a) without the consent of the respective owners or other valid right and (b) in any way that violates any third party right.

Termination

Mobile Perceptions may terminate your participation in and access to all or any part of the Mobile Perceptions Panel Program at any time, with or without cause, effective immediately. If you wish to terminate your participation and account, you may do so by following the instructions on the Site.  All provisions of the Terms of Participation which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.  Upon any termination of this Agreement, Mobile Perceptions will cease providing the Mobile Perceptions Panel Program, and you will delete all copies of any portion of the Mobile Perceptions Panel Program within three (3) business days of such termination.

General Disclaimer

Mobile Perceptions (on behalf of itself, its partners and its licensors) makes no representations or warranties concerning the Mobile Perceptions Panel Program or any Mobile Perceptions Site Content accessed through the Site.  By participating in the Mobile Perceptions Panel Program, you agree that neither Mobile Perceptions nor its licensors or partners endorses or shall be liable for any damages you may incur as a result of your participation in the Mobile Perceptions Panel Program.

Warranty Disclaimer

THE MOBILE PERCEPTIONS PANEL PROGRAM, THE SITES AND THE METERING SOFTWARE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND ALL WARRANTIES ARE EXPRESSLY DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE.  YOUR PARTICIPATION IN THE MOBILE PERCEPTIONS PANEL PROGRAM AND USE OF THE METERING SOFTWARE AND THE SITE IS SOLELY AT YOUR OWN RISK.

SOME STATES DO NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 USC 2701-2711): MOBILE PERCEPTIONS MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED THROUGH THE MOBILE PERCEPTIONS PANEL PROGRAM, INCLUDING VIA THE SITES OR ANY WEBSITE LINKED TO THE SITES.  Mobile Perceptions and its licensors will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade secret information, or any other Mobile Perceptions Site Content, or Mobile Usage Data stored on Mobile Perceptions' equipment, transmitted over networks accessed by the Sites, or otherwise connected with your Participation in the Mobile Perceptions Panel Program.

Indemnification

You shall defend, indemnify, and hold harmless Mobile Perceptions, its affiliates and partners and each of its, and its affiliates' and partners' employees, contractors, directors, suppliers, licensors and representatives from and against all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to your use or misuse of, or access to, the Sites, Mobile Perceptions Panel Program, Metering Software, or Mobile Perceptions Site Content, or your violation of these Terms of Participation.  Mobile Perceptions reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Mobile Perceptions in asserting any available defenses. 

Limitation of Liability

IN NO EVENT SHALL MOBILE PERCEPTIONS, OR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE MOBILE PERCEPTIONS PANEL PROGRAM FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, EVEN IF MOBILE PERCEPTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE.  THIS LIMITATION OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A PANELIST'S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, UNAUTHORIZED ACCESS OR THEFT. MOBILE PERCEPTIONS CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE.   SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Dispute Resolution 

A printed version of the Terms of Participation and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Participation to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

The Terms of Participation shall be governed by and construed in accordance with the laws of the State of Washington, excluding its conflicts of law rules, and the United States of America.  Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Seattle, Washington using the English language, in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS.  The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith.  Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be.  Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.  For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in King County, Washington.  Participation in the Mobile Perceptions Panel Program is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Participation, including without limitation, this Section.

Integration and Severability

The Terms of Use are the entire agreement between you and Mobile Perceptions with respect to the Mobile Perceptions Panel Program and use of the Sites, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Mobile Perceptions with respect to the Mobile Perceptions Panel Program and use of the Sites.  If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable.  The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Miscellaneous

The Terms of Participation are personal to you, and are not assignable, transferable or sublicensable by you except with the prior written consent of Mobile Perceptions.  Mobile Perceptions may assign, transfer or delegate any of its rights and obligations hereunder without consent.  You are acting as an independent contractor of Mobile Perceptions and no agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Participation and neither party has any authority of any kind to bind the other in any respect.  In any action or proceeding to enforce rights under the Terms of Participation, the prevailing party will be entitled to recover costs and attorneys' fees.  All notices under the Terms of Participation will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, postage pre-paid, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

Copyright and Trademark Notices

Unless otherwise indicated, the Terms of Participation and all Mobile Perceptions Site Content provided by Mobile Perceptions are copyright © Mobile Perceptions, Inc. All rights reserved.

Contact

Thank you for your cooperation.  We hope you enjoy participating in the Mobile Perceptions Panel Program.  If you have any comments or questions regarding the Mobile Perceptions Panel Program, or you want to report a malfunction or problem, please see here.