Terms and Conditions of Use

ticktBox, a Screen Engine/ASI, LLC and our affiliated entities (collectively, “the Company,” “we” and “us”) are committed to giving our users unique opportunities and to providing excellent market research services to our clients. These Terms and Conditions of Use (“the Terms”) govern your access to and use of all websites, mobile applications, and any other digital properties owned or operated by us or our affiliates, including but not limited to mgmscreenings.com (collectively, “the Sites”).

USE OF AND ACCESS TO THE SITES

We encourage you to read the Terms carefully because they control your use of and access to the Sites, now and in the future.

The Sites are offered and intended for users who are at least 13 years of age or older and reside in the United States or its territories or possessions. By accessing or using the Sites, you represent and warrant that you meet these eligibility requirements; if you do not meet these requirements, do not access or use our Sites.

We reserve the right, at any time in our sole discretion, to modify, suspend or discontinue the Sites, any service, content, or feature offered through the Sites, or your access to the Sites, with or without notice, for any reason or no reason. You agree that we shall not be liable to you for any modification, suspension or discontinuance of the Sites, any service, content, or feature offered through the Sites, or your access to the Sites.

YOUR USE OF THE SITES CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THE TERMS. WE EXPRESSLY RESERVE THE RIGHT TO MODIFY THE TERMS AT ANY TIME, WITHOUT PRIOR NOTICE, BY POSTING AN UPDATED VERSION OF THE TERMS ON THE SITES. THEREFORE, YOU SHOULD REVIEW THE TERMS WHENEVER YOU USE THE SITES. YOUR CONTINUED USE OF THE SITES CONSTITUTES YOUR CONSENT TO THE CURRENT TERMS POSTED AT THE TIME OF YOUR VISIT.

DO NOT USE OUR SITES IF YOU DO NOT AGREE TO THE TERMS.

INTELLECTUAL PROPERTY RIGHTS

ticktBox, a Screen Engine/ASI and mgmscreenings.com, and all related names, logos, product and service names, designs, and slogans are our trademarks. All other names, logos, product and service names, designs, and slogans on the Sites are the trademarks of their respective owners.

The Sites and all contents accessed through or on the Sites including but not limited to the text, information, software, images, videos, logos, design, and graphics (collectively, the “Materials”) are owned by us, our affiliates, our licensors, or our clients. The Materials are protected by copyright, trademark, trade secret, and other intellectual property laws and treaties. The Terms permit you to use the Sites for your personal, non-commercial use only. You may not:

• Copy, download, distribute, transfer, transmit, upload, post, publish, display, perform, modify, or otherwise create derivative works from any of the Materials without the our prior written consent;
• Decompile, reverse engineer, or disassemble software code or software materials; or
• Remove any copyright notice or other proprietary notices from the Materials.

Any use of the Sites not expressly permitted by these Terms is a breach of these Terms and may also violate copyright, trademark, and other laws.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

We respect the intellectual property of others. If you believe any materials posted or accessible on the Sites infringe your copyright, you may request removal of those materials (or access to them) from the Sites by sending written notice to our designated copyright agent at:

Attn. Copyright Agent
[insert mailing address and email address]

In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (DMCA), the written notice must include substantially the following:

• your physical or electronic signature;
• identification of the copyrighted work you believe to have been infringed;
• identification of the material on our Sites that you believe is infringing the copyright in a sufficiently precise manner to allow us to locate the material;
• your contact information including your name, mailing address, telephone number and, if available, email address;
• a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law;
• a statement that the information in the notice is accurate; and
• a statement, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner.

If you do not comply with all of these requirements, your notice may not be effective. If you knowingly misrepresent that materials on the Sites infringe a copyright, you may be held liable for damages, including costs and attorney’s fees under Section 512(f) of the DMCA.

PROHIBITED USES

As a condition of your use of the Sites, you warrant that you will not use the Sites for any unlawful purpose or in violation of any provision of applicable federal, state, and local laws or these Terms.

You may not:

• Copy, download, photograph, record, videotape, collect, or scrape any of the contents of our Sites including the text, images, graphics, movies, or videos on or available through our Sites;
• Use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of our Sites;
• Take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Sites, the server(s) on which the Sites are stored or hosted, or any server, computer, or database connected to the Sites;
• Attack the Sites via a denial-of-service attack or a distributed denial-of-service attack;
• Use any robot, spider, or other automatic device, process, or means to access the Sites for any purpose, including monitoring or copying any of the material on the Sites;
• Post or submit any material that is obscene, defamatory or libelous, constitutes an illegal threat, violates rights of privacy or publicity, or infringes any third party’s intellectual property rights.

If we are notified of allegedly defamatory, damaging, illegal, or offensive content posted or provided by a user, we may investigate the allegation and determine, at our sole discretion, whether to modify or remove such content from the Sites.

If we determine, in our sole and absolute discretion, that you have violated any provision of these Terms or any applicable law, we may, at any time, terminate, restrict, or modify all or part of your access, times of availability, and required equipment and software for use of the Sites.

We may disclose any content or electronic communication from you: (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Sites; or (iii) to protect the rights or property of us, our clients, our third party service providers, or users of the Sites.

USER CONTRIBUTIONS

The Sites may contain comment boards, messaging features, bulletin board services, chat areas, news groups, forums, communities, or other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit content or materials (collectively, “User Contributions”). All User Contributions must comply with the Content Standards set out in these Terms (below).

Any User Contribution you post to or submit through the site will be considered non-confidential and non-proprietary. By posting a comment or a message, submitting content, or contributing in any way to the Sites, you expressly grant the us the right to use in any way, copy, republish, distribute, display, edit, reformat, or sell your comment, message or other contribution as part of our property. No compensation will be paid with respect to any User Contribution.

By posting or submitting a User Contribution, you represent and warrant that:

• Your User Contribution complies with these Terms, including the Content Standards set forth below.
• You own or control all rights in and to your User Contributions.
• You understand and acknowledge that you are responsible for any User Contributions you post, submit or contribute, and you, not us, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We have the right to:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion;
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion;
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
• Take appropriate legal action including reporting to law enforcement any suspected illegal or unauthorized use of the Sites;
• Terminate or suspend your access to all or part of the Sites for any reason including any violation of these Terms.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Sites.

We do not undertake to review all User Contributions before they are posted on the Sites. Accordingly, we have no liability or responsibility to anyone regarding transmissions, communications, or content provided by any user or third party.

Always use caution when giving out any personal information about yourself or others in any User Contribution. We do not control or endorse the content, messages or information found in any User Contribution and, therefore, we specifically disclaim any and all liability with regard to User Contributions and any actions resulting from your participation in any Interactive Services.

CONTENT STANDARDS

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local laws and regulations. Without limiting the foregoing, User Contributions and users use of Interactive Services must not:

• Give the impression that they emanate from or are endorsed by us or our clients;
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, or inflammatory;
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
• Be likely to deceive any person;
• Promote any illegal activity, or advocate, promote, or assist any unlawful act;
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; or
• Conduct or forward surveys, contests, pyramid schemes or chain letters.

LINKS TO THIRD PARTY SITES

Our Sites may contain links to third party websites (“Linked Sites”). The Linked Sites are not under our control and we are not responsible for the contents, features, or practices of any Linked Site. We provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us or any association with the operator of the Linked Site. Please be aware that, when you visit a linked website, you are subject to the privacy policies and terms and conditions of use for the linked website and you should review those policies carefully. Please exercise caution before sharing or sending any information to anyone via the internet.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE SITES, THEIR FEATURES, AND THEIR CONTENTS ARE PROVIDED “AS IS,” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND.

We cannot and do not guarantee or warrant that: (1) all information you transmit or submit via the Sites will be completely secure and unable to be accessed, altered, deleted; (2) the Sites, their contents, or features will be free from errors, inaccuracies, viruses, bugs, or other harmful components; or (3) the Sites, their contents, or features will be available or accessible at any given time or for any length of time.

You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Sites for any reconstruction of any lost data.

We do not represent or guarantee the accuracy, suitability, reliability, or timeliness of any of the information, contents, videos, or materials on or available through the Sites. You should not rely upon any information on or contents of the Sites for medical, legal, financial, or other personal decisions.

YOUR USE OF THE SITES, THEIR CONTENTS AND ANY FEATURES IS AT YOUR OWN RISK.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

NOTWITHSTANDING THE FOREGOING, THE LAW OF YOUR STATE MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL WE OR ANY OF OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SERVICE PROVIDERS OR AGENTS, BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INJURY, LOSS, CLAIM, OR DAMAGES, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SITES, WHETHER BASED IN CONTRACT, STRICT LIABILITY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING THE FOREGOING, THE LAW OF YOUR STATE MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITES OR WITH ANY OF THE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES.

PRIVACY POLICY

Our collection of information via the Sites and our use and/or sharing of such information is governed by our Privacy Policy. By using the Sites, you agree to our Privacy Policy.

SEVERABILITY

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

GOVERNING LAW

We recognize that our Sites may be accessed from anywhere in the world, and that the laws of the jurisdictions in which some users are located may differ substantially from those of the United States and the State of California. To the maximum extent permitted by law, the use of our Sites and the Terms are governed by the laws of the State of California and, as applicable, the laws of the United States without giving effect to any choice of law or conflict of law provision or rule.

ENTIRE AGREEMENT

The Terms, our Privacy Policy, and any user account agreement constitute the entire agreement between you and us with respect to the Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the you and us with respect to the Sites.

CONTACT

If you have questions about the Sites or the Terms, you may contact us at: support@mgmscreenings.com.