Terms | Toluna

Terms and Conditions

Welcome to us.Toluna.com. Toluna ("ToLuna", "We", "us", "our" or "The Company") is pleased to serve you under these Terms of Use, as amended from time to time ("Terms"). your use of or registration at us. TOLUNA.COM ("Site") constitutes your agreement to these Terms, including but not limited to the Privacy Policy, and the Toluna points Program, which are incorporated herein. If you do not agree, or if your jurisdiction will not honor these Terms, do not use our site or services. "You" are the individual using the Site or described in the Site registration form.

Contact Information & Disclosure
Agreement to Conduct Transactions Electronically; Copies
Site Functionality and Availability
Services, Site Information and Ads
Privacy Policy
Infringement Of Our Rights or the Rights of Others
Your Conduct
Your Responsibility for Accuracy
Content License
Indemnification
NO WARRANTIES; AS IS
NO INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES
LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY
Termination or Cancellation
Entire Agreement; Miscellaneous
Connecticut Law Applies and Connecticut is the Exclusive Forum
Notices
Amendments
Legal Notices
Toluna Points Program Terms and Conditions

Contact Information & Disclosure. This Site is provided by Toluna USA, Inc., ("ToLuna"). Our street address, email address and telephone number is 21 River Road, Wilton, CT 06897, U.S.A., legalNA@Toluna.com, 203 834 8585. We do not charge you for merely using our Site. If you want to receive the information about our name and address by email, or if you have a complaint about our service or want more information about services, click here for further information.
Agreement to Conduct Transactions Electronically; Copies. You agree that all of your transactions with or through the Site may, at our option, be conducted electronically from start to finish, and that any oral conversations may be recorded. If we decide to proceed non-electronically, those services will still be governed by the remainder of these Terms unless you enter into different terms on a form provided by us. If the law allows you to withdraw this consent or if we are ever required to deal with you non-electronically, we reserve the right to charge or increase fees. You agree to print or make an electronic a copy of the Terms and any other contract or disclosure that we are required to provide to you.
Site Functionality and Availability. You may use the Site only when and as available. See our Privacy Policy for a description of what our Site does. We reserve the right to change or eliminate, and restrict or block access to, all or any part of the Site from time to time without notice.
Services, Site Information and Ads. The Services we provide at US.Toluna.com include the ability for you to answer surveys, ask questions, create and participate in polls and communicate with other members. You may also join Toluna.com and take advantage of other features offered to members, such as the ability to earn incentives or bonuses for participating in surveys, completing profiles, and referring members, among other things. We do not make any warranties with respect to any information posted by members, poll or survey results, or advertisements and you agree that we are not liable or responsible for such postings, results or content supplied by third parties, or for actions you might take in reliance thereon.
Privacy Policy and ToLuna Points Program. Our Privacy Policy and ToLuna Points Program are part of and incorporated into these Terms. We reserve the right to contact you for lawful purposes, such as in connection with our or your performance or enforcement of these Terms or a Site service or activity.
Infringement of Our Rights or the Rights of Others. Our Site is protected by intellectual property laws and you agree to respect them. All rights not expressly granted to you are reserved. As for intellectual property rights of others, anyone who believes that their work has been reproduced in a way that constitutes copyright infringement, may provide a notice to our copyright agent - see Legal Notices. It is our policy to terminate in appropriate circumstances any (if any) account or right of access for repeated infringement, and we also reserve the right to terminate for even one infringement.
Your Conduct. You agree that you will not violate any law, contract or intellectual property right, or commit a tort. You also agree not to:

attempt to access any Service or area of the Site that you are not authorized to access;
access or use any part of the Site or Service for anything other than your personal use;
alter information on or obtained from the Site;
use any robot, spider, scraper or other automated means or interface not provided by us to access the Site or extract data;
reverse engineer any aspect of the Site or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Site (except as otherwise expressly permitted by law);
send to or otherwise impact us or the Site (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, "spyware", "adware" or other code that could adversely impact the Site or any recipient;
access or use the Site or any service for any unlawful, unintended (by us) or harmful purpose, or other than in full compliance with applicable law and your agreements with us;
take any action which might impose a significant burden (as determined by us) on Site infrastructure;
interfere with the ordinary operation or mission of the Site or services;
"frame" our Site or otherwise make it look like you have a relationship to us or that we have endorsed you for any purpose;
have more than one user account onUS.Toluna.com, even if they have more than one e-mail address;
to use machines, algorithms or other automatic functions to generate contents or accesses to web pages;
to generate accesses to web pages in which a person or a group of people are requested to read material (chain letters, e-mails, etc.) that, without effective consideration of its content, has the purpose of increasing compensation;
to erase any legends or lists of references in the published material;
to defame or in any other way harass other participants;
publish or make reference in any media to any poll or survey data or Site content without our prior written permission;
to add (affiliation) links on the Site, or
to publish any content on the Site that:

are advertisements disguised in the form of surveys, polls or reviews; or attempt to circumvent the points system put in place by Toluna including: Requesting rankings from other members, Opinions, Topics, Polls or images indicating a member has received the maximum amount of points for the month, Content which does not respond to or pose any question, in order to garner points.
are biased, deliberately false, offensive, derogatory, libellous, morally objectionable or pornographic, or that otherwise constitute a punishable offence;
violate the rights of third parties, especially patent rights, copyright, trademark rights, ancillary copyright or brand name rights;
contain viruses or other computer programs that impair the functioning of other computers;
are chain letters;
serve the purpose of gathering, saving or using personal information of users, in particular for business purposes, without the users’ express consent. This applies as well even when contents have not been published; or
serve the purpose of advocating political, religious or ideological beliefs.

Your Responsibility for Accuracy and Confidentiality. You agree to supply only true, accurate, honest, current and complete (collectively "Accurate") information when registering at, participating in surveys or polls offered by, or otherwise using the Site and whenever information is required or requested at or in connection with the Site. You further agree to review and correct all information that is supplied about you at or through the Site to ensure that it is always Accurate. When completing surveys offered to you by ToLuna and its parent and affiliated companies you may be shown information that is deemed confidential by ToLuna or its clients. This confidential information may include, but is not limited to, new product ideas or concepts, packaging concepts, advertizing, and movie or television concepts or trailers, and the text, visual images and sounds related thereto. You agree that if you access confidential information you will not copy, print, store, forward or otherwise collect the confidential information, and will not disclose the confidential information or anyone (unless as directed by the owner of the confidential information), and will not use the confidential information for the express purpose for which it was disclosed to you. Your violation of the provisions of this section 8 will be a breach of these Terms and may result in the termination of your account and the forfeiture of all Bonus Points or incentives, and may also be a breach of civil and criminal laws. ToLuna and its clients reserve the right to enforce any such laws against you.
Content License. You are responsible for ascertaining that you posses all rights to content made available for publication, and grant Toluna and its parent and affiliated companies a perpetual, unlimited, royalty free right, any where in the known universe to use the content made available by you. This right includes, but is not limited to, editing, copying, transmission, publishing and development rights, in any media, electronic or otherwise, know known or hereafter developed, as well as the right to transfer the rights of use to third parties without entitlement to compensation.
Indemnification. You agree to indemnify and hold ToLuna, and its parent and affiliated companies, together with their officers, directors and employees harmless from any and all claims, losses, damages, suits, fines, levy’s and costs (including reasonable attorney’s fees and expert witness costs, including costs associated with in-house counsel), (Collectively "Claims"), arising from or related to your use of the Site and any content you place on the Site, including claims made by third parties. You agree that ToLuna has the unlimited right to defend any Claim and to settle any Claim without your prior permission. You agree to provide ToLuna with all reasonable assistance in the defence of any Claim.
NO WARRANTIES; AS IS. YOU AGREE THAT OUR SITE AND ALL SITE INFORMATION, SERVICES AND FUNCTIONALITY (collectively, "COMPLETE SITE") ARE PROVIDED BY US OR ANY OF OUR PARENTS OR AFFILIATES, SUPPLIERS OR AGENTS "AS IS" AND "WITH ALL FAULTS," AND THE ENTIRE RISK AS TO THE SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. WE DO NOT MAKE ANY REPRESENTATIONS OR EXPRESS WARRANTIES. Except for duties of good faith, WE DISCLAIM ALL WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY (if any) IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (a) OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE OR USE, OF RESULTS, and OF ACCURACY OR COMPLETENESS OR PRIVACY OR SECURITY OF INFORMATION; AND (b) CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. WE FURTHER DISCLAIM ALL DUTIES TO YOU, IF ANY SUCH DUTIES EXIST, INCLUDING BUT NOT LIMITED TO REASONABLE CARE, WORKMANLIKE EFFORT, AND LACK OF NEGLIGENCE. IF A DUTY CANNOT BE DISCLAIMED, THAT DUTY SHALL BE MEASURED BY INTENTIONAL MISCONDUCT. ALSO, THERE IS NO WARRANTY OF TITLE OR AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY ASPECT OF THE COMPLETE SITE, OR AGAINST INFRINGEMENT. YOU EXPRESSLY WAIVE ALL DUTIES AND ALL WARRANTIES THAT MIGHT EXIST BUT FOR THIS PARAGRAPH.
NO INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES. TO THE FULL EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER WE NOR ANY OF OUR AFFILIATES OR AGENTS WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR GENERAL DAMAGES, OR FOR DAMAGES FOR LOST PROFITS, LOSS OR IMPAIRMENT OF PRIVACY, SECURITY OR DATA, FAILURE TO MEET ANY DUTY (INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH, WORKMANLIKE EFFORT OR OF LACK OF NEGLIGENCE), OR FOR ANY OTHER SIMILAR DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO ANY BREACH OR OTHER ASPECT OF THE ENTIRE AGREEMENT OR COMPLETE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY OR MISREPRESENTATION.
LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY. You agree that your sole, aggregate remedy for any breach of the Entire Agreement (as defined below) (including without limitation the Privacy Policy and BONTOLUNA POINTS PROGRAM) and for any cause of action of any nature (including without limitation, tort) relating to any aspect of the Entire Agreement or the Complete Site shall be, at our option: (1) repair, substitution, replacement or correction of all or part of the information or act giving rise to damages incurred in reasonable reliance and not excluded above; or (2) refund of the amount you actually paid for the item causing your damages that are not excluded above and that you actually incur in reasonable reliance. the damage exclusions and limitation of liability in these terms shall apply even if any remedy fails of its essential purpose.
Termination or Cancellation. Either we or you may end this agreement (the Terms) with or without cause or notice at any time. You will still be liable for payment of any amounts due or other obligations incurred before it ends, and if you use the Site after it ends, that use will be your new agreement to the Terms. In the event that we terminate this agreement because of your violation of Sections 8, 9, 10 and 11 we reserve the right to terminate your account, delete your awards under the ToLuna Points Program, and prohibit you from re-registering at the Site, as well as pursue any and all legal remedies that may be available to us. We also reserve the right to terminate you account and delete your awards under the ToLuna Point Program if i) after registering for the ToLuna panel you become "inactive" for 6 months from the date of registration, or ii) if at any time which is more than 6 months after registering for the ToLuna panel you become "inactive" for a period of 12 months. "Inactive" shall mean that you have failed to participate in a Site activity. "Participate" shall mean starting a survey or completing a profile. If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Site or by sending a communication to any address (email or otherwise) that we have for you in our records. Our rights under Sections 5 through 20 will survive termination. Without canceling the agreement, we may suspend or block your access to the Site whenever it appears to us that you might be breaching these Terms or otherwise about to cause harm or damage to us or others.
Entire Agreement; Miscellaneous. These Terms, including items incorporated into them (e.g., the Privacy Policy ), as well as any additional terms or conditions contained on the Site for particular activities, and disclosures provided by us and consents provided by you on the Site (collectively, "Entire Agreement"), constitute the entire agreement between us and neither party has relied on any representations made by the other that are not expressly set forth in the Entire Agreement. If any provision of the Entire Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible. Our failure to act with respect to a breach does not waive our right to act with respect to subsequent or similar breaches, and time is of the essence of the Entire Agreement. Also, there are no third party beneficiaries of the Entire Agreement. This Site is controlled by us from our offices within the United States of America and is directed to U.S. users. If you choose to access this Site from locations outside the U.S., you do so at your own risk and you are responsible for compliance with applicable local laws. You may not use or export anything from the Site in violation of U.S. export laws and regulations or the Entire Agreement.
Connecticut Law Applies and Connecticut is the Exclusive Forum. The Entire Agreement and all performances and claims of every nature (including without limitation, contract, tort and strict liability) relating in any way to any aspect of the Complete Site shall be governed by the laws of the State of Connecticut, U.S.A. without regard to its conflict of law provisions. Any disputes regarding such claims or arising under or related in any way to the Entire Agreement or the Complete Site shall be heard exclusively in the appropriate forum in Connecticut. You hereby consent to jurisdiction in a state or federal court sitting in Bridgeport, Connecticut and waive any claim or defense that such forum is not convenient or proper, and consent to service of process by any means authorized by Connecticut or federal law.
Notices
Notices to You. We may give you all notices that we are required to give by posting notice on the Site. You also agree that we may give notice by email in our discretion, including notice of subpoenas or other legal process (if any). We may provide notice to any email or other address that you provide during registration. You agree to keep your address current and to check for notices posted on the Site.
Notices to Us; Our Address for Legal Notices. We receive many emails and not all employees are trained to deal with every kind of communication, so you agree to send us notice by mailing it to "Our Address for Legal Notices" which is ToLuna USA, Inc, 21 River Road, Wilton, CT 06897, U.S.A. Attn. Legal Department and General Counsel. If a law requires us to accept email notice notwithstanding the foregoing, call us at 203 834 8585 for our address established for receipt of such notices.
Amendments. You agree that from time to time we may alter these Terms, including adding or eliminating all or parts of the Privacy Policy or any other terms ("Amendments"). See the Amendments section of our Privacy Policy for details regarding how Amendments will be made - those details apply to all Amendments.
Legal Notices. Various laws require or allow us to give users of this Site certain notices and each of them is incorporated into these Terms. You may review the notices by clicking on their link Notice of Copyright Agent .
Notice of Availability of Filtering Software .
Notice: No Harvesting or Dictionary Attacks Allowed .
Notice Re Trademarks .
Notice Re Copyright Ownership.
In connection with your registration as a ToLuna USA panelist, the completion of demographic profiles and surveys and other activities on us.Toluna.com (the “Site” and “Site Activities”), ToLuna USA, Inc., (“ToLuna USA”, “we”, “our”, “us”) offer Points that are awarded in various ways. All Points awarded to survey participants are governed by these Terms and Conditions.

View Sweepstakes Rules
1. Points are offered in the form of credits called "Points" which are credited to an account maintained by ToLuna USA. Points are redeemable for cash, prizes or entries into sweepstakes as specified below. ToLuna USA will establish and maintain your account based on information furnished by you and will hold your Points until you redeem them or until they are forfeited, or they expire, in accordance with the Terms and Conditions specified below. This program is called the "ToLuna Points Program."
2. In order for an account to be established in your name and your Points properly credited to your account, you must complete the online registration form. To open an account you must provide ToLuna USA with complete and valid contact information, including your full legal name, home address, and valid email address, and any other information requested. All account holders must be at least thirteen (13) years of age. No person may establish or maintain more than one (1) account with ToLuna USA, and each account must have a unique and valid email address and password. By completing the online form, you represent that you are at least thirteen (13) years of age and that the information you have provided to ToLuna USA is accurate and truthful in all respects and pertains to you and no other person. If you are under the age of eighteen (18) and win any prize or receive any cash award from ToLuna under the ToLuna Points Program or other incentive program, such award will be made to your legal guardian. We will contact you for this information prior to the award of the prize, and if you fail to give us this information within 15 days of our sending you notice, the prize will be forfeited. ToLuna USA reserves the right to terminate any duplicate accounts or any account established with untruthful information. YOU UNDERSTAND AND AGREE THAT ALL ACCUMULATED AMOUNTS IN ANY DUPLICATE ACCOUNT OR ANY ACCOUNT ESTABLISHED WITH UNTRUTHFUL INFORMATION WILL BE FORFEITED AND WILL BECOME THE PROPERTY OF TOLUNA USA. Your account information (except information used generically for demographic purposes) will be made available to third parties only in accordance with the ToLuna USA Privacy Policy as amended from time to time, unless required to do so by law or order of a court or governmental agency, or as otherwise provided in these Terms and Conditions. All contact between you and ToLuna USA will be conducted electronically via email to the email address you provide at registration as updated by you from time to time. ToLuna USA assumes no responsibility for your failure to receive any email notification sent in accordance with this section, regardless of the cause of such failure, whether due to hardware or software malfunction, your inability to access your email as a result of sickness or absence, or otherwise.
3. Your use of the ToLuna Points Program and accumulation of any "Points" hereunder are personal to you, and you may not use anyone else's "Points" or assign, transfer, pool, "lend”," sell”, or exchange your "Points" or your right to participate in the ToLuna Points Program. You may use only one (1) password to open and access your account, and you may not use another account holder's password or allow anyone else to use your password, for any reason. ToLuna USA will not be responsible for any losses incurred through the use of your password by a third party.
4. "Points" will be credited to your account only through your participation in activities authorized by ToLuna USA, which include, but are not limited to, registration as a panelist, completion of demographic profiles and completion of qualitative or quantitative marketing research activities performed by ToLuna USA, and only in accordance with the specific incentive offer disclosed for each activity.
5. ToLuna USA will maintain a record of the Points credited to your account and allow you to check the status of your account online by logging in. If you feel the incentive amounts credited to your account are incorrect, you must contact ToLuna USA by email and explain in full the basis of your dispute, attaching any relevant documents which offer evidence of the discrepancy. Upon receipt of your notice, we will investigate your claim and notify you of our decision to adjust or maintain the amount of Points credited to your account, as we deem appropriate, within thirty (30) days. If we need additional time to decide your claim, we will notify you and will endeavor to render a decision as soon as reasonably practicable. Any decision by us with regard to such a claim will be final.
6. You may only redeem your Points for cash prizes when you have accrued in excess of 60,000 Points (this threshold amount may be changed by ToLuna USA from time to time) that are unexpired as of the date you request redemption, or for other non-cash rewards at the Point value stated. Points may only be redeemed for cash in increments of 60,000 points. You may redeem your eligible Points at any time (except in the event of forfeiture, as provided in Sections 2, 7, 9, 11, 12, and 13 of these Terms and Conditions) by notifying us via the account payment request form provided by ToLuna USA at its website. Every time you ask to redeem your Points you must ask that all Points credited to your account be redeemed at that time. You cannot request a partial redemption. Upon receipt of such notice from you, ToLuna USA will verify the amount in your account and will indicate to you the amount available for withdrawal. ToLuna USA will forward the account balance available for withdrawal to you within six (6) weeks from the receipt of your request. Once you have made a request to redeem the Points credited to your account, the request cannot be withdrawn, cancelled, or postponed. POINTS HAVE NO CASH VALUE - AT NO TIME WILL INTEREST BE PAID ON ANY AMOUNTS CREDITED TO YOUR ACCOUNT, NOR WILL YOU BE ENTITLED TO ANY SUCH INTEREST.
7. In addition to the expiration and forfeiture provisions of Sections 2, 9, 11, 12, and 13 of these Terms and Conditions, Points expire and become cancelled and forfeited under the following conditions: i) your cancellation of your panelist account at ToLuna USA, ii) if after initially registering for the ToLuna USA panel you do not take a survey and remain “inactive” for 6 months from the date of registration, and iii) if, having been an “active” member within the first 6 months after initially registering for the ToLuna USA panel you become "inactive" for a period of 12 months. In addition to the foregoing, each Point award will expire and be forfeited regardless of your “activity” 12 months after the Points were credited to your account. ToLuna USA will not provide you with any notice of the cancellation and forfeiture of any of your Points. ToLuna USA reserves the right to suspend these cancellation and forfeiture rules in its sole discretion. "Inactive" shall mean that you have failed to participate in a Site activity. "Participate" shall mean starting a survey or completing a profile.
8. BY COMPLETING THE REGISTRATION FORM AND UTILIZING THE TOLUNA POINTS PROGRAM, YOU ACKNOWLEDGE AND AGREE THAT TOLUNA USA IS NOT A BANK OR ANY OTHER KIND OR FORM OF FINANCIAL INSTITUTION AND THAT TOLUNA USA DOES NOT MAINTAIN YOUR ACCOUNT FOR ANY PURPOSE OTHER THAN THOSE SPECIFIED HEREIN. YOU FURTHER AGREE THAT THE "POINTS" CREDITED TO YOUR ACCOUNT ARE NOT ACTUAL CASH DEPOSITS AND ARE ONLY ACCOUNT ENTRIES THAT ENTITLE YOU TO THE AMOUNT OF THE CREDITED POINTS IF YOU REDEEM THEM IN ACCORDANCE WITH THESE TERMS AND CONDITIONS. YOU FURTHER AGREE THAT YOU MAY ONLY REDEEM THE AMOUNTS IN YOUR ACCOUNT IN THE MANNER AND ACCORDING TO THE PROCEDURES DESCRIBED IN THESE TERMS AND CONDITIONS, WHICH WE MAY AMEND FROM TIME TO TIME.
9. You may be required under federal, state, and/or local laws to pay taxes on the "Points" you earn. You acknowledge that we may supply information to taxing agencies, or withhold taxes, at the request of those agencies or as we in our sole discretion deem appropriate. You acknowledge and agree that you will provide ToLuna USA with any additional personal information, such as social security number, that ToLuna USA needs to comply with any reporting or withholding obligations. Your failure to provide such information within 30 days of a request sent by ToLuna USA to the email address registered at that time will result in the forfeiture of your Points.
10. ToLuna USA will not be responsible for supplying any hardware or software needed to access the ToLuna Points Program, or for any charges associated therewith (including but not limited to telephone and Internet provider charges).
11. YOU MAY ACCESS THE INCENTIVE PROGRAM ONLY FOR THE PURPOSES THAT WE PERMIT. IF YOU USE OR ATTEMPT TO USE ANY PART OF THE INCENTIVE PROGRAM FOR ANY OTHER PURPOSE, YOU UNDERSTAND AND AGREE THAT YOUR RIGHT TO ACCESS THE INCENTIVE PROGRAM WILL CEASE AND ALL "POINTS" CREDITED TO YOUR ACCOUNT, HOWEVER AND WHENEVER ACCUMULATED, WILL BE FORFEITED AND WILL BECOME THE PROPERTY OF TOLUNA USA. You may, in addition, be subject to an action for damages and/or criminal prosecution. Without limiting the above paragraph, misuse of the ToLuna Points Program will include attempting to access the accounts of others, accessing your account in an attempt to change the amount of Points credited, and opening multiple accounts. ToLuna USA reserves the right, in its sole discretion, to determine what other actions constitute misuse of the ToLuna Points Program. ToLuna USA retains all rights to the ToLuna Points Program. Any unauthorized copying or publication of the ToLuna Points Program or any subject matter associated with the ToLuna Points Program will constitute an infringement of ToLuna USA's rights under the copyright laws, and you will be subject to all damages and other penalties available under those laws, including but not limited to criminal prosecution.
12. You may cancel your account at any time by contacting ToLuna USA at supportNA@toluna.com or by activating the "Unsubscribe" feature on the Site. Your account will also be cancelled if you withdraw from the ToLuna USA panel. Immediately upon deletion or your withdrawal from the ToLuna USA panel, your account will be closed. YOU UNDERSTAND AND AGREE THAT UPON CLOSING YOUR ACCOUNT, YOUR RIGHT TO ACCESS THE TOLUNA POINGTS PROGRAM WILL CEASE AND ALL "POINTS" CREDITED TO YOUR ACCOUNT AT SUCH TIME, HOWEVER AND WHENEVER ACCUMULATED, WILL BE FORFEITED AND WILL BECOME THE PROPERTY OF TOLUNA USA.
13. WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO MODIFY ANY PART OF THE TOLUNA POINTS PROGRAM, MODIFY THE THRESHOLDS FOR REDEMPTION OF POINTS OR THE PRIZES OR AWARDS FOR WHICH POINTS MAY BE REDEEMED, OR MODIFY THESE TERMS AND CONDITIONS AT ANY TIME BY CHANGING THESE TERMS AND CONDITIONS OR RELATED INFORMATION ON OUR WEBSITE. This includes, without limitation, the right to change the rules of participation, terminate your participation, and discontinue the ToLuna Points Program. These modifications may have retroactive effect. If there is a modification to the ToLuna Points Program, we will endeavor to notify you; however, we will not be responsible if you do not learn of the modification. ToLuna USA does not warrant that the ToLuna Points Program will remain operational, and we disclaim any liability for any losses you experience because the ToLuna Points Program is not operational or accessible by you. IF TOLUNA USA DISCONTINUES THE INCENTIVE PROGRAM OR IF WE TERMINATE YOUR PARTICIPATION FOR VIOLATION OF THIS AGREEMENT, YOU UNDERSTAND AND AGREE THAT YOUR RIGHT TO ACCESS THE INCENTIVE PROGRAM WILL CEASE AND ALL "POINTS" IN YOUR ACCOUNT, HOWEVER AND WHENEVER ACCUMULATED, WILL BE FORFEITED AND WILL BECOME THE PROPERTY OF TOLUNA USA. IF WE TERMINATE YOUR PARTICIPATION FOR ANY REASON OTHER THAN YOUR MISCONDUCT OR VIOLATION OF THESE TERMS AND CONDITIONS, YOU WILL HAVE THIRTY (30) DAYS TO REDEEM THE "POINTS" CREDITED TO YOUR ACCOUNT PROVIDED THAT THEY MAY BE REDEEMED PURSUANT TO THE INCENTIVE TERMS AND CONDITIONS IN EFFECT AT THE TIME OF THE TERMINATION.
14. ToLuna USA provides the ToLuna Points Program "as is" and makes no representations or warranties to you, express or implied, regarding its accessibility or that your access to the ToLuna Points Program will be uninterrupted or error-free. WE ESPECIALLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Some states do not allow limitations on how long an implied warranty may last, so the above limitation may not apply to you.
15. Notwithstanding anything else in these Terms and Conditions, ToLuna USA will not be liable for any incidental or consequential damages (including but not limited to loss of profits or revenue, loss of use of a product, cost of capital, cost of substituted services or products, downtime costs, labor costs, or claims of customers) with respect to any claim or action related to the subject matter hereof. Some states do not allow limitations on incidental or consequential damages, so the above limitation may not apply to you.
16. ToLuna USA takes reasonable measures to maintain the security and confidentiality of your personal account information. There are certain conditions, however, that exist on the Internet generally which are outside ToLuna USA's control and could result in a breach of security. Accordingly, we cannot guarantee that your confidential information will be free from corruption or privacy. You hereby expressly waive any claim against ToLuna USA and its members, officers, directors, employees, agents, and representatives, arising out of the loss of data through corruption, piracy, breach of security, or other reason.
17. ToLuna USA's performance under these Terms and Conditions is subject at all times to existing laws and legal process, and nothing in these Terms and Conditions limits or restricts ToLuna USA's rights, duties, and obligations to comply with all applicable laws or legal process served on ToLuna USA with respect to you or your use of the ToLuna Points Program.
18. No delay by ToLuna USA in enforcing these Terms and Conditions shall constitute a waiver of any breach hereof, and no waiver by ToLuna USA of any breach of these Terms and Conditions shall constitute a waiver of any future breach.
19. These Terms and Conditions are governed by and shall be construed under the laws of the State of Connecticut, USA (without regard to its conflicts of law provisions). You agree that any dispute regarding the ToLuna Points Program will be brought in the federal or state courts located in Fairfield County, Connecticut. You will comply with all such laws and with the laws of the United States that apply to the ToLuna Points Program and the use of any "Points" in your account, and any laws of your country and state or province of residence. The ToLuna Points Program and these Terms and Conditions, or relevant portions thereof, are void where prohibited by law.

Further Information
If you have a complaint, you may contact us at 21 River Road, Wilton, CT 06897, U.S.A. If you are a California resident, the Complaint Assistance Unit of the Division of Consumer Services of the Dept. of Consumer Affairs may be contacted at 400 R Street, Sacramento, CA 95814 or (800) 952-5210.

Notice of Copyright Agent
TOLUNA.com respects the intellectual property rights of others and requests that you do the same. Anyone who believes that their work has been reproduced in the Site in a way constituting copyright infringement may provide a notice to the designated Copyright Agent for the Site containing the following:

An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest;
Identification of the copyrighted work claimed to have been infringed;
Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
The address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
A representation that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A representation that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Copyright infringement claims and notices (but not other notices) should be sent to the attention of General Counsel in the following manner:

by mail: Legal Department 21 River Road, Wilton CT 06897, Attn. General Counsel
by phone: 203 834 8585
by fax: 203 834 8686
by email: legalNA@TOLUNA.com

Notice of Availability of Filtering Software We do not believe that the Site contains materials that would typically be the subject of filtering software. Nevertheless, all users are hereby informed by the provider of this interactive computer service that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. A report detailing some of those protections can be found at http://www.ntia.doc.gov/ntiahome/ntiageneral/cipa2003/index.html (Children’s Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies).

Notice: No Harvesting or Dictionary Attacks Allowed We will not give, sell, or otherwise transfer addresses maintained by us to any other party for the purposes of initiating, or enabling others to initiate, electronic mail messages except as authorized by appropriate personnel or policies. Except for parties authorized to have addresses maintained by us, persons may violate federal law if they: (1) initiate the transmission to our computers or devices of a commercial electronic mail message (as defined in the U.S. "Can-Spam Act of 2003") that does not meet the message transmission requirements of that act; or (2) assist in the origination of such messages through the provision of selection of addresses to which the messages will be transmitted.

Notice Re Trademarks The trademarks "TOLUNA.com" and all other trademarks used in the Site are trademarks or registered trademarks of Toluna SAS. All rights are reserved.

Notice Re Copyright Ownership: © TOLUNA usa, iNC. All rights reserved. As used herein, "Content" means (without limitation) all text, design, graphics, images, sound files, animation, video, interfaces, code and the selection and arrangement thereof appearing or included from time to time on the Site. All Content on the Site is subject to intellectual property rights, contractual or other protection. The intellectual property rights are owned by us or our licensors. No Content may be copied, distributed, republished, uploaded, posted or transmitted in any way except pursuant to the express provisions of the Terms or with our prior non-electronic consent. Modification or use of the materials for any other purpose may violate intellectual property rights. No title to copies or to intellectual property rights are transferred to users – all title and rights remain with us.

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