QuickSurveys Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS VERY CAREFULLY BEFORE REGISTERING TO USE TOLUNA QUICKSURVEYS AS A CLIENT. PARTICIPATION IN TOLUNA QUICKSURVEYS INDICATES THAT YOU ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE DO NOT REGISTER FOR.

These Terms and Conditions constitute the entire agreement (the "Agreement") between you ("you" or "Client") and Toluna SAS, 14 Place Marie Jeanne Bassot 92300 Levallois-Perret - FRANCE ("Toluna") for the use of Toluna’s quick research and polling service named QuickSurveys (the "Service") accessible on its website us.toluna.com or any of its local sub-websites (the “Website”). The Service is provided to you in accordance with this Agreement and any other applicable rules and policies set forth on the Website.

For the purpose of entering into this Agreement, you represent that you are of legal age to form a binding contract.

Toluna may modify these Terms and Conditions at any time without liability, by posting the new version on the Website. Your use of the Service after any such modification means that you accept to comply with the modified version of the Terms and Conditions.

1.     The Service.  The Service allows you to create individualized QuickSurveys (including 5 questions maximum) and obtain results to your QuickSurveys from Toluna’s registered members (the "Panelists") or any person visiting the Website, in the selected country. You are solely responsible for all the content of the QuickSurveys you create and post on the Website, including, without limitation, all graphics, data and information, whether generated by or for you. By using the Service, you grant Toluna the right to reproduce, publish, display and distribute your QuickSurveys on the Website. You acknowledge and agree that Toluna does not warrant participation in QuickSurveys or participation rates and that participation rates may vary drastically depending on content, placement and audience. Toluna shall bear no liability in the event that the participation is lower than requested, except that, if the participation is under 50 % of your initial request, you will be entitled to ask for the reimbursement of your entire prepayment, by emailing to tqs-support@toluna.com. Once your QuickSurvey has been posted on the Website, you will not be able to make any further modification (surveys definition, filters, images etc...) nor cancel it. The results of your QuickSurvey will be accessible directly on the Website in a first release and export capabilities in several formats will be added thereafter. Results to QuickSurveys are stored on the Website and will remain accessible until you remove your account. Toluna reserves the right to reject or remove any QuickSurvey at any time, where it has reasonable ground to believe that the content of a QuickSurvey does not comply with the terms of this Agreement or any applicable legislation or regulation, or after a period of two years after your QuickSurvey has been posted on the Website.

2.     Client Registration and Account. For the purpose of using the Service, you have to register yourself on the Website and create an individual account including a login and a password. You agree to provide current, complete and accurate information in your account as required in the registration process. Registration data and other information about you are subject to Toluna’s Privacy Policy available on the Website. You are solely responsible for the use of your login and password. You agree to keep your login information and password private and to notify Toluna at once of any unauthorized account activity you may be aware of. The Service is a single user service, multiple logins and passwords are not permitted. Toluna reserves the right to suspend or terminate your account or future use of the Service at any time, where it has reasonable ground to believe that your use of the Service does not comply with the terms of this Agreement or any applicable legislation or regulation, or that your identification data are not true or accurate or are being pirated. Toluna recommends that you keep track of your QuickSurveys results and data as Toluna reserves the right to deactivate your account as outlined in this Agreement. Toluna is not responsible for the deletion of any data that is in your account.

3.     Payment Terms. As a condition of using the Service, you shall pay Toluna with a credit card via PayPal. You are responsible for all charges associated with your use of the Service as notified in your account and you agree to pay all such charges, including any applicable taxes, at the rates effective at the time they are incurred. Where your QuickSurveys is rejected and or removed according to Section 1 above, the sole liability of Toluna shall be a credit for any future QuickSurveys. No reimbursement will be made by Toluna except as set forth in Section 1 where the participation to the QuickSurvey is 50% lower than requested. To the fullest extent permissible by law, you waive all claims relating to the charges you owe to Toluna for your use of the Service, unless you issue a justified contestation of the requested charges within 60 days of the date on which the charges are notified in your account. All charges are based on Toluna's measurements of the Service. If your payment of the charges is refused or rejected, your QuickSurvey will not be posted on the Website and Toluna reserves the right to suspend, terminate or limit your access to the Service. Toluna may change the charges due for the use of the Service at any time and your use of the Service constitutes acceptance of the charges effective at the time you post your QuickSurvey.  

4.     Prohibited Uses. As a supplier of content on the Website, you are required to comply with all laws and regulation in force. You thus represent and warrant that you will not use the Service to: (i) store, transmit, publish or disseminate any obscene, hateful, child pornography, racist, or any other illicit, contrary to public policy or otherwise objectionable content ; (ii) store, transmit, publish or disseminate any content that promotes or relates to information about illegal activities or causes personal harm or injury against any individual or group (including defamation, insults, abuse etc.); (iii) infringe the copyright, trademark, trade secret or any other intellectual property rights of a third party or violate the privacy, publicity or other personal rights of a third party; (iv) misrepresent your identity or represent yourself as another entity; and (v) intentionally post QuickSurveys which disparage or otherwise damage the goodwill, image or reputation of Toluna. You acknowledge and agree that any attempted participation or violation of any of the foregoing will constitute a material breach of this Agreement. In such event, Toluna may pursue any and all applicable legal and equitable remedies against you, including immediately terminate this Agreement, remove your QuickSurvey, deactivate your account and notify any unlawful conduct to the appropriate authorities, individuals or persons. In addition, you may be personally liable to the specific criminal sanctions applicable to the content you posted, notwithstanding the payment of any damages.

5.     Termination. You may terminate this Agreement by emailing Toluna at Quicksurveys-servicecenter@toluna.com, and the Agreement will terminate immediately after Toluna has received said notice. Upon any termination of the Agreement, your rights to use the Service shall cease immediately, your account will be deactivated and that Toluna shall have no obligation to refund any payments or retain, forward or make available to you any QuickSurveys responses or results. Following termination, Sections 6, 7, 10, 11 and 13 shall survive.

6.     No Warranty. TOLUNA MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE WHICH IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. IN PARTICULAR, TOLUNA MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT IT WILL BE ERROR FREE, UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE, ACCURATE OR RELIABLE.

TOLUNA IS NOT RESPONSIBLE FOR THE CONTENT OF ANY QUICKSURVEY OR INVITATIONS TO VIEW THE QUICKSURVEYS NOR IS IT RESPONSIBLE FOR THE RESPONSES OR VOTES SUBMITTED TO ANY QUICKSURVEYS OR THE RESULTS GENERATED. TOLUNA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RELIABILITY, USEFULLNESS, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY OF THE RESPONSES OR VOTES TO YOUR QUICKSURVEYS OR THE RESULTS GENERATED. TOLUNA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE CONSEQUENCES OF THE USE OF ANY QUICKSURVEYS, QUICKSURVEYS RESPONSES OR QUICKSURVEYS RESULTS. IT IS YOUR SOLE RESPONSIBILITY TO EVALUATE THE ACCURACY, RELIABILITY, COMPLETENESS AND USEFULNESS OF ANY QUICKSURVEYS RESPONSES AND RESULTS OR OTHER INFORMATION RECEIVED WHILE USING THE SERVICE OR THE SITE. TOLUNA IS UNDER NO OBLIGATION TO MONITOR THE CONTENT OF QUICKSURVEYS, RESPONSES TO QUICKSURVEYS AND ANY OTHER CONTENT TRANSMITTED OR STORED VIA THE SERVICE. TOLUNA’S OBLIGATION WITH RESPECT TO THE CONTENT OF QUICKSURVEYS AND RESPONSES TO QUICKSURVEYS IS LIMITED TO THE REMOVAL OF ANY ILLEGAL CONTENT WHICH HAS BEEN EFFECTIVELY BROUGHT TO ITS ATTENTION.

YOU UNDERSTAND AND AGREES THAT ANY DATA DOWNLOADED OR OBTAINED THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO COMPUTERS OR YOUR SYSTEMS, INCLUDING THE LOSS OF DATA RESULTING FROM THE DOWNLOAD OF SUCH DATA. DUE TO THE INTRINSIC NATURE OF THE INTERNET, DATA TRANSMITTED – INCLUDING YOUR QUICKSURVEYS - ARE NOT PROTECTED AGAINST THE RISKS OF MISAPPROPRIATION AND/OR PIRACY, FOR WHICH TOLUNA SHALL IN NO EVENT BE LIABLE. YOU ARE RESPONSIBLE FOR TAKING ALL APPROPRIATE STEPS TO PROTECT SUCH DATA, WHERE APPLICABLE. YOU UNDERSTAND THAT THIRD PARTIES MAY GENERATE IMPRESSIONS OR RESPONSES ON YOUR QUICKSURVEYS FOR PROHIBITED OR IMPROPER PURPOSES, AND THAT YOU ACCEPT THE RISK OF ANY SUCH IMPRESSIONS AND RESPONSES.

7.     Limitations of Liability; Force Majeure. IN NO EVENT SHALL TOLUNA BE LIABLE UNDER THIS AGREEMENT FOR ANY INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL, LOSS OF DATA, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF INTEREST OR INTERRUPTION TO CLIENT'S BUSINESS).  AS FAR AS ADMISSIBLE UNDER THE APPLICABLE LAW, TOLUNA’S ENTIRE LIABILITY TO YOU UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNTS PAID TO TOLUNA FOR THE QUICKSURVEY GIVING RISE TO THE CLAIM. Except for payment obligations, neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake or other acts of God, labor conditions, and power failures.

8.     Confidentiality/Privacy. Toluna agrees not to publicly disclose your identity, your personal data or your use of the Service without your prior consent (electronic email or ticking of a box accepted), except to its affiliates and technical partners for the sole needs of furnishing the Service. Unless expressly authorized by them, you will not be able to identify the Panelists or other persons who answered to your QuickSurveys and agree to respect their anonymity. Both parties agree to comply with Toluna’s Privacy Policy available on the Website.

You acknowledge and agree that Toluna may access your QuickSurveys data and may use it an aggregated format. The QuickSurveys you post on the Website as well as the results of your QuickSurveys are and will remain publicly available. You authorize Toluna to use, reproduce, publish, display and distribute the content of your QuickSurveys and, as necessary, adjust its format for that purpose.

9.     Publicity. Where you represent a legal entity, you hereby authorize Toluna to use the name and trademark of this entityin presentations, marketing materials, customer lists, financial reports, and Web site listings of clients of Toluna.

10.   Proprietary Rights. Toluna, its affiliates and/or their licensors shall remain the sole and exclusive owners of all intellectual property rights, including without limitation all patents, trademarks, service marks, copyright, database, software, and know how in and to the Website, the Service and any content therein (“Toluna’s Content”). You will not acquire any right, title, or interest in or to Toluna’s Content except as expressly set forth in this Agreement. Toluna grants you a personal, non-exclusive, non-transferable and revocable right to use Toluna’s Content for the sole purpose of using the Service in accordance with the terms of this Agreement. Toluna’s Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of Toluna or its licensors. You are not allowed to modify, enhance, edit, translate, adapt, reverse engineer, decompile, disassemble, or create derivative works based upon or otherwise alter in part or in full any Toluna’s Content.  

11.   Indemnification. Where you use any proprietary material or content, you warrant to Toluna that you have the right to do so. You agree to indemnify Toluna for any financial consequences and damages it may be bear as a result a third party claim or action arising out of or related to any content you post on the Website, including your QuickSurvey, or your use of the Service in breach of any term of this Agreement.

12.   Miscellaneous. The relationship between you and Toluna is one of independent contractors, and not of agent, partner, employee or joint venture. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. Any modifications to this Agreement must be made in a writing executed by both parties. The failure to require performance of any provision shall not affect a party's right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any provision herein is held unenforceable, then such provision will be modified to reflect the parties' intention, and the remaining provisions of this Agreement will remain in full force and effect. Neither party may resell, assign, or transfer any of the rights hereunder; except in the case of a substantial change in ownership.

13.   Applicable law and jurisdiction. French law shall govern this Agreement. Any dispute or claim arising out of or in connection with this Agreement shall be settled by the Commercial Court (Tribunal de Commerce) of Paris (France).