Terms and Conditions

Updated June 3, 2013

Eligibility
Limitations of Membership, Rewards, Non-Transferable
Your Information
Activities
Intellectual Property Rights
Modifications
Privacy
Confidentiality
Cancellation
Disclaimers
Limitation of Liability
Indemnification
Compliance with Laws; Prohibited Conduct
No Agency
Notices
Legal Action; Arbitration
General
Contact Us

Media Insiders is a research panel owned and operated by Symphony Advanced Media ("SymphonyAM", "we" or "us"). These Terms of Use, as may be modified from time to time (these "Terms"), constitute legally binding terms and apply to your use of the Media Insiders site and participation in Media Insiders Activities (collectively, "Activities"). The objectives in these Activities are to collect and compile information about the consumption and use of media (via broadcast, online, social and mobile media). By using the Media Insiders site and participating in Activities, you represent that you meet the eligibility requirements set forth in these Terms and agree to be bound by these Terms and any other terms and conditions disclosed to you in connection with your participation in an Activity ("Other Terms").

SymphonyAM (together with its affiliates and subsidiaries) reserves the right to modify these Terms at any time and from time to time, and each such modification shall be effective once posted. Your continued use of the Media Insiders site or Activities following any such modification constitutes your agreement to be bound by and your acceptance of these Terms as so modified. Therefore, it is important that you review these Terms regularly. If you do not agree to be bound by these Terms, then you must discontinue your use of the Media Insiders site and participation in Activities immediately (process listed in Cancellation section of document). If we change our Terms we will notify you via e-mail regarding the change.

Eligibility

You must be 13 years of age or older and a U.S. resident to register as a Media Insiders Panelist. If you are not 13 years of age or older, you may not use the Media Insiders site or participate in Activities. When you register as a panelist, you must provide your e-mail address and select a password (your "Account Credentials"). SymphonyAM may refuse your registration or, once registered, your subsequent use of the Media Insiders site and/or participation in Activities at any time, in its sole discretion. Without limiting any other remedies, SymphonyAM may suspend, temporarily or permanently, or terminate your use of the Media Insiders site and/or participation in any Activities if you fail to abide by these Terms, or for any other reason. You may register only once to use the Media Insiders site and participate in each unique Activity. As part of your registration on, and use of, the Media Insiders site and your participation in Activities, you will be enrolled (if you are not enrolled already) in SymphonyAM's incentive programs.


At this time we are accepting the following devices:

    Android smartphones and tablets that run Android version 4.0 or greater, and are not rooted. We also accept the Nook HD, Nook HD+, and the Kindle Fire HD, but not the first generation Kindle Fire.

     iPhone® 5,  iPad®, iPad mini®, and iPod touch® devices that run iOS version 5.0 or greater. 

     

Limitations of Membership, Rewards, Non-Transferable

Panelists may enroll in one of SymphonyAM's incentive programs ("Rewards") for participation in certain Activities:

  • Entries into our weekly ($25 Tango Card), monthly ($100 Tango Card), and quarterly ($10,000 Grand Prize) Sweepstakes, sponsored by ePrize Inc. ePrize and SymphonyAM are unrelated companies and SymphonyAM does not administer such sweepstakes.
  • Electronic gift cards to Tango Card™. Tango Card and SymphonyAM are unrelated companies and we do not share personally identifiable information.

To qualify for Incentives after registration, you must download and install the Media Insiders Mobile application ("App") and activate it on your mobile device. To qualify for monthly Rewards, the App must be active running consistently as much as possible. Additional terms may apply regarding your earning of Rewards.

Multiple registrations are prohibited and subject to immediate cancellation, and will render your Incentives void. Incentives are not transferable. Incentives are not considered to be property and therefore cannot be sold, transferred, or assigned to another individual under any circumstances. Further, you shall not attempt to earn or redeem Incentives in any manner that conflicts with the intent of these Terms, or otherwise attempt to fraudulently earn or redeem Incentives, or tamper with surveys, links, or other Activities.

Your Information

You agree to provide true and accurate information during the registration process and while filling out demographic profile information and other general details. If any such information that you provide is untrue, inaccurate or not current, or if SymphonyAM or one of its agents has reasonable grounds to suspect such information is untrue, inaccurate or not current, SymphonyAM has the right to terminate your registration and refuse your current or future use of the Media Insiders site and participation in Activities, including the immediate forfeiture of your Rewards.

You agree to promptly notify SymphonyAM of any changes in your personal and other information that you provide to SymphonyAM in connection with your use of the Media Insiders site and participation in Activities. Further, you agree to keep confidential your Credentials and other membership information in order to prevent unauthorized use of your account. If someone accesses the Media Insiders site using your Credentials, we will assume that it is really you or your representative who is accessing the Media Insiders site. You are solely responsible for any and all use of your Credentials and all activities that occur under or in connection with your Credentials. It is also your responsibility to notify SymphonyAM of any improper use of your account. You are solely responsible for any loss or unauthorized redemption of Rewards or other fraudulent activities associated with the sharing or other unauthorized use of your Credentials.

Without limiting any rights which we may otherwise have, we reserve the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Media Insiders site and your Credentials, including without limitation terminating your access or requesting additional information to authorize activities related to your Credentials. You agree to be responsible for any act or omission of any users that access the Media Insiders site under your Credentials that, if undertaken by you, would be deemed a violation of these Terms. In no event and under no circumstances will SymphonyAM be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of SymphonyAM under this provision, (ii) any compromise of the confidentiality of your Credentials, and (iii) any unauthorized access to or use of your Credentials.

Activities

As part of your registration on and use of, the Media Insiders site, you will be asked to participate in Activities, including activation and consistent functioning of Apps, online surveys, and mobile surveys. Any data, information and/or content you upload, post, submit, or otherwise transmit to SymphonyAM in connection with your participation in Activities is referred to in these Terms as "Submitted Content." We may also gather certain information about your computer (e.g., your IP address, the display settings of your monitor, the type of browser you are using, the type of operating system you are using, etc.) and/or you may be required to accept a cookie from us in connection with your registration and/or participation in some polls, questionnaires, surveys, online focus groups and certain other Activities as a means of ensuring data integrity.

In connection with your participation in one or more Activities, you represent and warrant that you will not (i) collect any Submitted Content from other participants in an Activity; (ii) manipulate results; (iii) bully, intimidate, or harass anyone; (iv) upload, post, submit, or otherwise transmit any Submitted Content that (A) is hateful, harmful, offensive, tortuous, threatening, abusive, misleading, malicious, defamatory, vulgar, obscene, or discriminatory, (B) contains nudity or graphic or gratuitous violence, or could otherwise be harmful to minors, (C) infringes or violates someone else's proprietary or privacy rights or otherwise violates the law, (D) contains unsolicited advertising, promotional materials, or any other forms of solicitation, (E) promotes information that you know is false or misleading, or (F) contains someone else's personal data, such as telephone number, home address, e-mail address, or name; (v) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other Media Insiders participants; (vi) encourage or undertake conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law; (vii) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity, or otherwise attempt to defraud SymphonyAM through multiple entries; (viii) send or otherwise make available any material that contains viruses, Trojan horses, worms, time bombs, or any other similar software; (ix) attempt to gain access to secured areas to which you do not possess access rights; (x) stalk, harass or harm another individual or (xi) use any robot, spider, other automatic device, or manual process to extract, "screen scrape," monitor, "mine," or copy any static or dynamic Web page for commercial use without our prior express written permission.

As part of your registration on and use of, the Media Insiders site, you also will be asked to grant SymphonyAM permission to monitor certain of your conduct, behavior, interactions, communications and/or exchanges, both offline and online. Any data, information and/or content you permit SymphonyAM to collect in connection with your participation in Activities or use of the Apps is referred to in these Terms as "Monitored Content." Monitored Content and Submitted Content are referred to in these Terms together as "User Content." SymphonyAM will collect Monitored Content only with your consent. You should only provide the requested information if you agree with these Terms. To the extent Monitored Activities take place online, SymphonyAM's collection and use of Monitored Content may be subject to applicable policies, rules and/or terms associated with the pertinent web sites ("Applicable Site Terms").

SymphonyAM may collect, process, analyze, run algorithms against, combine and store User Content. You agree that any of your User Content or any derivative works thereof, may be disseminated, distributed, publicly displayed, reproduced, used, sublicensed, posted, or published by us, and searched, displayed, printed or otherwise used or exploited, in each case subject to any restrictions in our privacy policy. SymphonyAM will use User Content for research purposes, including the development and enhancement of research products and services for its clients.

Your personally identifiable information may be collected, stored, processed, used, and transferred by SymphonyAM affiliated companies or non-affiliated service providers in one or more countries outside your originating country. By using the Media Insiders site and participating in Activities, you freely and specifically consent to the transfer, storage, use, and disclosure of your personally identifiable information among our affiliated companies and non-affiliated service providers, wherever located. Our service providers are contractually bound to respect the confidentiality of your personally identifiable information.

Your participation in Activities is voluntary and may be terminated at will. There is no obligation or requirement to continue participating in any Activity. You may terminate your participation in any Activity at any time by notifying SymphonyAM via support@mediainsiderspanel.com or by following the deactivation instructions on the Media Insiders site.

Intellectual Property Rights

You understand and acknowledge that the software, code, proprietary methods and systems used to provide the Media Insiders site, software or Activities ("SymphonyAM Property") are: (i) copyrighted by us and/or our licensors under United States and international copyright laws; (ii) subject to other intellectual property and proprietary rights and laws; and (iii) owned by us or our licensors. SymphonyAM owns and retains all rights in and to the Media Insiders site and the SymphonyAM Property. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, or create derivative works from the SymphonyAM Property. Further, you agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover any source code associated with the SymphonyAM Property. You agree that SymphonyAM shall not be responsible for the accuracy, completeness, currentness, or usefulness of SymphonyAM Property.

The Media Insiders site also may contain software, files, images, photos, video, sounds, musical works, works of authorship, applications, and other materials of third parties ("Third-Party Property"). Third-Party Property is protected by copyright, trademark, trade secret and other laws, and each third party owns and retains all rights in its respective Third-Party Property. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, or create derivative works from the Third-Party Property. Further, you agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover any source code associated with the Third-Party Property. You agree that SymphonyAM shall not be responsible for the accuracy, completeness, currentness, or usefulness of Third-Party Property.

If you download any of our software, we will grant you a non-exclusive and non-transferable right and license to install and use such software on your mobile device, subject to these Terms. You will not: (a) assign, sublicense, market, sell, lease, rent, distribute, convey or otherwise transfer any App to any third party; (b) use any software for any purposes other than being a part of our panel; (c) adapt, alter, modify, translate or create derivative works of an software; (d) use an software in any manner not in compliance with applicable laws; (e) decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which an software is compiled or interpreted, and you acknowledge that nothing in these Terms will be construed to grant you any right to obtain or use such code; or (f) interfere with or disrupt the integrity or performance of the software. Use of the software may require the use of open source software that is licensed separately by third parties. Your use of any open source components of the software may be governed by separate license agreements with those Third-Party suppliers. Except for the rights granted you in these Terms, SymphonyAM retains all right, title and interest in and to the software, and you acknowledge that you neither own nor acquire any additional rights in and to the software not expressly granted herein. We have no obligation to correct any errors in any software. By installing any software, you hereby authorize SymphonyAM to collect Monitored Content from you through such software.

SymphonyAM owns and retains all rights in any Submitted Content that you upload, post, submit, or otherwise transmit to SymphonyAM in connection with your participation in Activities. You affirm and warrant that you have the necessary licenses, rights, consents, and/or permissions necessary to grant SymphonyAM such rights. SymphonyAM does not claim ownership of any Monitored Content made available to SymphonyAM in connection with your participation in Monitored Activities. However, by making Monitored Content available to SymphonyAM, you grant SymphonyAM, its partners, and clients, subject to these Terms, any applicable Other Terms, SymphonyAM's Privacy Policy, and Applicable Site Terms, the unlimited, irrevocable, worldwide, royalty-free, perpetual right to use, copy, display, perform, distribute, adapt, create derivative works, sublicense, and promote such Monitored Content in any medium now known or later developed and any manner whatsoever, as well as the right to transfer the rights of use to third parties without entitlement to compensation. You affirm and warrant that you have the necessary licenses, rights, consents, and/or permissions necessary to grant SymphonyAM such license.

The names, logos, icons, and graphics identifying SymphonyAM, Media Insiders, and SymphonyAM's other products and services are proprietary marks of SymphonyAM. All other trademarks and or copyrights appearing on the Media Insiders site, including pages you are directed to in connection with your participation in certain Activities, are the property of their respective owners, and unless otherwise stated, are not affiliated.

In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to the Media Insiders site or Activities (collectively "Feedback"), you agree we may use the Feedback to modify our services and that you will not be due any compensation, including any royalty related to the product or service that incorporates your Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Media Insiders site or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.

Modifications

SymphonyAM reserves the right at any time and from time to time, with or without notice, to modify, suspend or discontinue, temporarily or permanently, the Media Insiders site, any Activity, or any aspect of Media Insiders. You agree that SymphonyAM shall not be liable to you or to any third party for any such modification, suspension or discontinuance.

Privacy

Your use of the Media Insiders site and participation in Activities is governed by SymphonyAM's privacy policy .

Confidentiality

You agree to hold in strict confidence and not disclose to any other parties information learned through your participation in Activities, including the content of the questions on any survey you complete. You agree to use such information strictly and solely for the purpose of sharing your experiences, perceptions, and opinions with SymphonyAM or third parties acting on behalf of SymphonyAM.

You agree to notify the Media Insiders Help Desk at support@mediainsiderspanel.com should you discover any loss or unauthorized disclosure of such information.

Cancellation

Your use of the Media Insiders site and participation in Activities are voluntary and may be terminated at will. There is no obligation or requirement to continue using the Media Insiders site and/or participating in Activities. You may cancel your registration by notifying the Media Insiders Customer Support at support@mediainsiderspanel.com . Any accrued or pending Rewards you have or will earn in connection with your use of the Media Insiders site and participation in Activities may be forfeited the moment you cancel your registration or your account is terminated. Upon any termination, you will immediately delete any software from your mobile devices..

Disclaimers

THE MEDIA INSIDERS SITE (INCLUDING CONTENT THEREIN), ANY SOFTWARE, AND THE ACTIVITIES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SymphonyAM AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SymphonyAM OR THIRD PARTIES ACTING ON BEHALF OF SymphonyAM, OR THROUGH OR FROM THE MEDIA INSIDERS SITE OR THE ACTIVITIES, SHALL CREATE ANY WARRANTY.

Neither SymphonyAM nor its officers, employees, agents, partners or licensors make any warranty that (i) the Media Insiders site (including content therein) and Activities will meet your requirements; (ii) the Media Insiders site and Activities will be uninterrupted, timely, secure, error-free, or free of viruses or other harmful components; (iii) the results that may be obtained from your use of the Media Insiders site and participation in Activities will be accurate or reliable; or (iv) the quality of any products, services, Rewards, information or other material obtained by you through your use of the Media Insiders site and participation in Activities will meet your expectations. You acknowledge that your reliance on and use of the Media Insiders site (including any SymphonyAM Property, Third-Party Property, and/or User Content) and participation in Activities, including, but not limited to, any decision, action or inaction on your part, shall be at your sole risk.

Any material downloaded or otherwise obtained through your use of the Media Insiders site and participation in Activities is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from you downloading or otherwise accessing such material.

Limitation of Liability

IN NO EVENT SHALL SymphonyAM OR ITS PROVIDERS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, ARISING FROM YOUR USE OF THE MEDIA INSIDERS SITE AND PARTICIPATION IN ACTIVITIES, EVEN IF SymphonyAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, SymphonyAM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO TEN DOLLARS ($10.00). Some states/countries do not permit the exclusion of damages, so the foregoing limitation may not apply to you.

You acknowledge that SymphonyAM assumes no responsibility or liability for the accuracy of material contained on the Media Insiders site, or any infringement of third party intellectual property rights arising therefrom, or any fraud or other crime facilitated thereby.

You hereby release SymphonyAM, its officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from (i) your use of the Media Insiders site, or (ii) your participation in any Activities. You hereby waive California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor" and you waive any other similar provision of the laws of any other applicable jurisdiction.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Media Insiders site, your participation in Activities, these Terms, or any applicable Other Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Indemnification

You agree to indemnify and hold SymphonyAM and its representatives, officers, directors, employees, agents, licensors, clients, and partners harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys' fees, due to or arising out of (i) your use of the Media Insiders site, software or participation in Activities in violation of these Terms or any applicable Other Terms; (ii) any User Content that you upload, post, submit, or otherwise transmit through your use of the Media Insiders site or participation in Activities; or (iii) your breach of these Terms.

Compliance with Laws; Prohibited Conduct

You shall comply with all applicable laws, statutes, ordinances, and regulations in connection with your use of the Media Insiders site and participation in Activities. You agree not to: (i) access the Media Insiders site using automated means (such as harvesting bots, robots, spiders, or scrapers); (ii) frame portions of the Media Insiders site within another Web Site; (iii) alter the appearance of the Media Insiders site; or (iv) upload viruses or other malicious code to the Media Insiders site or another site that hosts an Activity.

No Agency

No agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created by these Terms. You and we are independent contractors. You are not entitled to or eligible for any benefits that we may make available to our employees, such as group insurance, profit-sharing or retirement benefits. Because you are an independent contractor, we will not withhold or make payments for social security or payroll taxes of any kind, make unemployment insurance or disability insurance contributions, or obtain workers' compensation insurance on your behalf, nor you will be entitled to any of the foregoing. If, notwithstanding the foregoing, you are reclassified as an employee of Symphony, or any affiliate of ours, by the U.S. Internal Revenue Service, the U.S. Department of Labor, or any other federal, state or foreign agency as the result of any administrative or judicial proceeding, you agree that you will not, as the result of such reclassification, be entitled to or eligible for, on either a prospective or retrospective basis, any employee benefits under any plans or programs established or maintained by us. In addition, you waive any and all rights, if any, to participation in any of the fringe benefit plans or programs including, but not limited to, health, sickness, accident or dental coverage, life insurance, disability benefits, severance, accidental death and dismemberment coverage, unemployment insurance coverage, workers' compensation coverage, and pension or 401(k) benefit(s) provided by us to its employees.

Notices

Except as explicitly stated otherwise, any notices shall be given by e-mail to support@mediainsiderspanel.com (in the case of notice to SymphonyAM) or to the e-mail address you provide to SymphonyAM during the registration process (in the case of notice to you), or such other address as a party shall specify in writing. Notice shall be deemed given twenty-four (24) hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, SymphonyAM may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided by you during the registration process, if applicable. In such case, notice shall be deemed given three (3) days after the date of mailing.

Legal Action; Arbitration

SymphonyAM reserves the right to take appropriate legal action, including, without limitation, referral to law enforcement, in the event of any illegal or unauthorized use of the Media Insiders site or participation in Activities.

All controversies, disputes, demands, counts, claims, or causes of action between you and SymphonyAM arising out of, under, or related to these Terms or our privacy practices (including any action we take or authorize with respect to information about or provided by you) shall be settled exclusively through binding arbitration.

a. Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association ("AAA"). As modified by these Terms, and unless agreed upon by the parties in writing, the arbitration will be governed by the AAA's Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively "Rules and Procedures").

b. You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.

c. You and SymphonyAM must abide by the following rules: (a) for any claim that could otherwise be brought in small claims court, the arbitration shall be conducted solely based on written submissions and, if the arbitrator deems it appropriate, a telephonic hearing; (b) if the claim exceeds what can be recovered in a small claims court, the arbitration shall be conducted solely based on written submissions or a telephonic hearing, unless the arbitrator deems a face-to-face hearing is appropriate, in which case one should be held at a location agreed to by you and SymphonyAM, and if the parties cannot agree on a location for the hearing, the arbitrator will determine a location for the proceedings which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances; (c) the arbitrator's ruling is binding and not merely advisory; (d) ANY CLAIMS BROUGHT BY YOU OR SymphonyAM MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (e) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, (f) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, SymphonyAM will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (g) SymphonyAM also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (h) the arbitrator shall honor claims of privilege and privacy recognized at law; (i) a decision by the arbitrator (including any finding of fact and/or conclusion of law) against either you or SymphonyAM shall be confidential unless otherwise required to be disclosed by law or by any administrative body and may not be collaterally used against either of them in existing or subsequent litigation or arbitration involving any other person/SymphonyAM customer; and (j) each side pays its own attorneys' fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees' and litigation expenses.

d. Notwithstanding the foregoing, either you or SymphonyAM may bring an individual action in small claims court. In addition, if you are a user outside of the United States, the dispute resolution provision in our Privacy Policy (if any), and not this arbitration provision, shall apply to any disputes related to privacy. Further, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party's patent, copyright, trademark, or trade secret shall not be subject to this arbitration provision. Such claims shall be exclusively brought (unless such courts do not have personal jurisdiction in the dispute) in the courts located in New York. Additionally, notwithstanding this arbitration provision, either party may seek emergency equitable relief before such courts in order to maintain the status quo pending the arbitrator's ruling, and hereby agree to submit to the personal jurisdiction of such courts. A request for interim measures shall not be deemed a waiver of the right to arbitrate.

e. With the exception of subparts (d) and (e) in the paragraph above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either subpart (d) or (e) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor SymphonyAM shall be entitled to arbitration. In the event this arbitration provision is held unenforceable by a court, or in the event AAA refuses to arbitrate the dispute, all controversies, disputes, demands, counts, claims, or causes of action between you and SymphonyAM shall be exclusively brought in the state or federal courts specified in subsection "(d)" above.

f. For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA Web Site at http://www.adr.org/ .

General

These Terms and any applicable Other Terms shall be governed in all respects by the laws of the State of New York without giving effect to that State's provisions regarding conflicts of laws. If any provision of these Terms or any applicable Other Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. SymphonyAM's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. If you do not agree with these Terms or any applicable Other Terms, or any future modifications to these Terms or the applicable Other Terms, your sole and exclusive recourse is to not use the Media Insiders site and participate in Activities. These Terms set forth the entire understanding and agreement between you and SymphonyAM with respect to the subject matter hereof.

We can only give you the benefits of our program by conducting business through the Internet, and therefore we need you to consent to our giving you communications electronically. This Section 17 informs you of your rights when receiving communications from us electronically. For contractual purposes, you (i) consent to receive communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, documents, disclosures, and other communications ("Communications") that we provide to you electronically satisfy any legal requirement that such Communications would satisfy if they were in writing. Your consent to receive Communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with us. The foregoing does not affect your non-waivable rights. You may withdraw your consent to receive Communications electronically by contacting us in the manner described below. If you withdraw your consent, from that time forward, you must stop using the Media Insiders site and participating in Activities. The withdrawal of your consent will not affect the legal validity and enforceability of any obligations or any electronic Communications provided or business transacted between us prior to the time you withdraw your consent. Please keep us informed of any changes in your e-mail or mailing address so that you continue to receive all Communications without interruption.

Contact Us

Media Insiders Panel Support
Symphony Advanced Media
250 Sutter Street, Suite 400
San Francisco, CA 94108 USA
E-mail:
support@mediainsiderspanel.com
Telephone: (855) 209-2230 (toll free), Monday – Friday: 8:00 am-5:00 pm, Eastern Time


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