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MyRadioSongs and Kelly Music Research, Inc. Website Terms and Conditions

This website (the "Site") is maintained by MyRadioSongs and Kelly Music Research, Inc. ("MyRadioSongs and Kelly Music Research, Inc.", "we", "us", "our").
Your use of this Site is governed by the provisions contained in these Terms and Conditions (the "Terms and Conditions"). Please take a few minutes to review these provisions. Your use and/or access of the Site constitutes your agreement to be bound by these provisions.
If you do not agree to these terms and conditions, you may not access or otherwise use the Site.

1. Use Of This Site

You may access and use this Site solely pursuant to these Terms and Conditions for your personal, non-commercial use. Any use contrary to as stated herein requires our prior written consent. You must be 18 years of age or older to join the MyRadioSongs and Kelly Music Research, Inc. Consumer Panel and participate in any surveys, polls, or panels as a member. Your use of the Site is at your sole risk.
We may ask you to participate in an online survey or discussion for one or more of our clients. During this survey and/or discussion, our clients' confidential information may be disclosed to you. You hereby agree to maintain the absolute secrecy of any disclosures, concepts or ideas discussed or generated in connection with the survey and/or discussion and agree not to disclose such information to any third party. All information so disclosed to you shall be the sole and exclusive property of either MyRadioSongs and Kelly Music Research, Inc. or its client(s).

2. Registration and Passwords

You may access this Site anonymously as a visitor and will not be required to provide personally identifiable information. However, in order to access certain services and content on the Site, such as surveys, you will be required to register to become a Member of the Site. You must provide truthful information when signing up to become a Member, and may not use any aliases or other means to mask your true identity. Panelists shall not activate or use more than one account.

During registration, you will choose a password to use with your email address. The password provided should be safeguarded at all times. You are responsible for the security of your password and will be solely liable for any use or unauthorized use under such password. We may suspend or terminate your membership at any time with or without notice.

3. Unauthorized Use

You agree not to use the Site for illegal purposes (including, without limitation, unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening or obscene purposes). You agree that you will comply with all laws related to your use of the Site. You may not use spiders, robots or other automated data mining techniques to catalog, download, store or otherwise reproduce or distribute content available on the Site or to manipulate the results of any panel, poll, survey or sweepstakes on the Site. You may not take any action to interfere with the Site or any other user's use of the Site, including, without limitation, via means of overloading, "flooding", "mailbombing" or "crashing" the Site. You may not send unsolicited email, including promotions and/or advertising of products or services, through the Site or forge or mask your true identity in any email or posting. You may not frame portions of the Site within another website, alter the appearance of the Site or establish links from any other website to any page of the Site other than the home page. You are prohibited from posting or transmitting any threatening, libelous, defamatory, obscene, scandalous, or inflammatory material or any material that could otherwise violate any law. MyRadioSongs and Kelly Music Research, Inc. will fully cooperate with any law enforcement authorities or court order requesting or directing MyRadioSongs and Kelly Music Research, Inc. to disclose the identity of anyone posting any such information or materials.

4. Intellectual Property

All pages and content within this Site, including but not limited to, text, graphics, audio, video, photographs, surveys, logos or other materials, are the intellectual property of, or are authorized for use by, MyRadioSongs and Kelly Music Research, Inc. and its licensors, business partners and affiliates, including all trademarks, service marks, copyrights, patents and trade secrets contained therein. Except as expressly permitted in these terms and conditions, you may not modify, copy, reproduce, create derivative works, republish, display, upload, post, transmit, or distribute in any way content available on this site without the prior written consent of MyRadioSongs and Kelly Music Research, Inc..

5. Sweepstakes and Promotions

From time to time MyRadioSongs and Kelly Music Research, Inc. may offer or conduct panels, sweepstakes, points programs or other promotions or programs ("Services") in connection with this Site. All such Services shall be subject to any additional terms, conditions, rules, guidelines or agreements that are provided to you at the time of accessing such Services. MyRadioSongs and Kelly Music Research, Inc. reserves the right to change point awards or other incentives within the recruitment for a study.
6. Third-Party Information

This Site may contain (i) links to other websites not maintained by MyRadioSongs and Kelly Music Research, Inc. or (ii) information about products or services of third parties. MyRadioSongs and Kelly Music Research, Inc. does not independently verify the business practices of these third parties and makes no warranties on their behalf. The availability of any link or reference of any third party shall in no way constitute an endorsement by MyRadioSongs and Kelly Music Research, Inc. of such third party. We encourage you to be aware when you leave our Site and to read the terms and conditions of each and every website that you visit. The information contained on this Site is for informational purposes only. The views and opinions expressed on this Site are not necessarily those of MyRadioSongs and Kelly Music Research, Inc..

7. Communications with MyRadioSongs and Kelly Music Research, Inc.

Any communication or material you transmit to MyRadioSongs and Kelly Music Research, Inc. by electronic mail or otherwise, including any data, questions, comments, panel responses, suggestions, or the like is, and will be treated as, nonconfidential and nonproprietary. Except to the extent expressly covered by our Privacy Policy, anything you transmit or post may be used by MyRadioSongs and Kelly Music Research, Inc. or its affiliates for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, MyRadioSongs and Kelly Music Research, Inc. is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site without compensation and for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products and services using such information.

8. Privacy

MyRadioSongs and Kelly Music Research, Inc. takes the privacy of you and your information very seriously. For further information about how we use information collected from you, please view our Privacy Policy.

9. Disclaimer

The Site, including all content or services made available on or accessed through the Site, is provided "as is." To the fullest extent permissible by law, MyRadioSongs and Kelly Music Research, Inc. makes no representations or warranties of any kind whatsoever for the content on the Site. Further, MyRadioSongs and Kelly Music Research, Inc. disclaims any express or implied warranties, including, without limitation, non-infringement, title, merchantability or fitness for a particular purpose. MyRadioSongs and Kelly Music Research, Inc. does not warrant that the functions contained in the Site or any materials or content contained therein will be uninterrupted or error free, that defects will be corrected, or that the Site or the server that makes it will be corrected, or that the Site or the server that makes it available is free of viruses or other harmful components. In no event will MyRadioSongs and Kelly Music Research, Inc. be liable under any theory of tort, contract, strict liability or other legal or equitable theory for any lost profits, lost data, lost opportunities, costs of cover exemplary, punitive, personal injury/wrongful death, special incidental, indirect or other consequential damages, each of which is hereby excluded by agreement of the parties to the broadest extent permitted by law, regardless of whether or not either party has been advised of the possibility of such damages. Notwithstanding the foregoing, if we are found to be liable to you for any damage or loss which arises out of or is in any connected with your use of the Site or any content contained therein, our liability shall in no event exceed US $10.00.

10. Changes

All information posted on the Site is subject to change without notice. In addition, these Terms and Conditions may be changed at any time without prior notice. We will make such changes by posting them here. You should check this page for such changes frequently. Your continued access of the Site after such changes conclusively demonstrates your acceptance of those changes.

11. Indemnification

You agree to indemnify, defend and hold harmless MyRadioSongs and Kelly Music Research, Inc., its employees, directors, officers, agents and representatives from and against any and all third party claims, demands, liabilities, costs or expenses, including reasonable attorney's fees and expenses, arising from, or related to, any breach by you of any of these Terms and Conditions or applicable law, or otherwise arising out of your use of the Site or any content contained therein.

12. Severability

If any part of these Terms and Conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms and Conditions.

13. Governing Law

The laws of the State of Pennsyllvania (without regard to its conflicts of law rules) shall govern these Terms and Conditions. You hereby expressly consent to exclusive jurisdiction and venue in the courts located in Delaware County, Pennsylvania.

14. Digital Millennium Copyright Act ("DMCA") Notice

We are committed to complying with U.S. copyright and related laws, and we require all users of the Site to comply with these laws. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the "DMCA") to report alleged infringements. It is our policy in accordance with the DMCA and other applicable laws to reserve the right to terminate the rights of any user to access the Site if any such user is either found to infringe third party copyright or other intellectual property rights, including repeat infringers, or who we believe, in our sole discretion, is infringing these rights are encouraged to contact us immediately. If you have any copyright infringement related concerns in connection with the Site, Contact Us.

15. Questions

Should you have any questions regarding these Terms and Conditions you may contact us through the Contact Us page, by mail at 31 South Eagle Road, Suite 204, Havertown, PA  19083 or by telephone at 1-610-446-0318

The terms of these Terms and Conditions are effective and were last updated on January 19, 2010.

 

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