Welcome to the LiveSample Website (the "Site"), owned and operated by Critical Mix, Inc. ("LiveSample"), located at 53 Riverside Avenue, Westport, CT 06880. The Terms and Conditions listed here (together with any other terms and conditions referenced and linked to herein, this "Agreement" or "Terms and Conditions"), govern your participation in the LiveSample survey taking website, your participation in the surveys and other activities we offer (such as sweepstakes, contests and rewards), and your use of the Site. In this Agreement, the term "you" or "your" refers to the individual accessing the Site and participating in a survey and/or any other activity offered by this Site.
By accessing this Site, you acknowledge and agree that this Site, and this Agreement, will be construed and evaluated according to the laws of the State of Connecticut and the United States. If you use this Site from other locations, you are responsible for compliance with any and all applicable local laws. If you are providing personally identifiable information ("Personal Information") and are not a resident of the United States, your country's laws governing data collection and use may differ from those in the United States, in particular, the U.S. may not provide the same level of protections as those in your own country. By providing information to LiveSample, you are transferring your Personal Information to the United States, and you consent to that transfer and to the processing of your Personal Information in the United States. Your use of this Site and participation in our surveys and any other activities offered through the Site are subject to this Agreement. Our Agreement may be updated or revised from time to time without notice to you. Your continued use of the Site constitutes your acceptance of any modifications of these Terms and Conditions. If you do not agree with any of the terms of this Agreement, you may not access or use the Site or participate in any of the surveys or other activities offered through this Site. By using this Site, you are agreeing to be legally bound by and to comply with each of the terms of this Agreement.
Access to, and use of the Site is subject to these Terms and Conditions, and is limited to your personal, non-commercial use. Any use of the Site in violation of these Terms and Conditions is strictly prohibited. Participation in surveys is always optional and voluntary. Participation in a survey(s) hosted or administered by LiveSample, within the United States, is open to individuals who are eighteen (18) years of age or older and to minors between the ages of thirteen (13) and seventeen (17) who have obtained permission or consent from their parent or guardian. If you are not thirteen (13) years of age, you may not participate in any LiveSample survey(s). LiveSample reserves the right to refuse to allow any person to participate in any survey(s) or other services at any time, in its sole discretion.
In order to participate in surveys from LiveSample, you will be required to provide certain Personal Information in connection with your participation. By participating in surveys and other activities offered by this Site, you agree that you will truthfully provide all information requested by LiveSample and you are strictly prohibited from using any aliases or other means to mask or conceal your true identity. If you provide any information to LiveSample that is untrue, inaccurate, not current, or incomplete, or if LiveSample has reasonable grounds to suspect such information is untrue, inaccurate, not current, or incomplete, or if you are accessing the Site through various aliases, LiveSample reserves the right to terminate your participation in the Site, and to prevent you from any current or future access to, or use of the Site including the immediate forfeiture of any LiveSample Rewards accumulated by you prior to such termination. LiveSample reserves the right at its sole discretion to request further information from Members to avoid fraudulent activity. LiveSample reserves the right at its sole discretion to place any sweepstakes entry on hold, for any reason, until the Member has provided the requested information. Reasonable notice will be given to the Member to provide this information, which must be provided via teleconference. All decisions by LiveSample regarding fraud or suspected fraud are binding and final.
From time to time LiveSample may offer participants in surveys and other activities the opportunity to participate in Sweepstakes or provide other rewards and incentives. All Sweepstakes are governed by the Sweepstakes Official Rules or as disclosed to participants at the time of participation. You agree to be bound by those Official Rules.
You are prohibited from taking any action to interfere with the Site or any other individual's use of the Site. If you do you may not use the Site.
You agree not to:
You may not copy, modify, alter, distribute, publish, sell or otherwise use any material on the Site in whole or in part, unless you have obtained the prior written consent of LiveSample. All pages and content within the Site and any related surveys, including but not limited to, text, graphics, audio, video, photographs, surveys, logos or other materials are the intellectual property of LiveSample and/or its clients, licensors, partners, and/or representatives. You are hereby expressly prohibited from modifying, copying, reproducing, creating derivative works of, republishing, displaying, uploading, posting, transmitting or distributing, in any way, the content available on the Site, without the prior written consent of LiveSample.
By submitting or transmitting any information, communication, and/or material to LiveSample, by electronic mail or otherwise, including, without limitation, any data, questions, comments, responses, suggestions or other similar information, communication, or material, on or through the Site ("Submitted Content"), you hereby grant to LiveSample a sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such Submitted Content. This license includes the right to host, index, cache, distribute, and tag any Submitted Content.
You shall not violate or attempt to violate the security of the Site. Violations of system or network security may result in civil or criminal liability. LiveSample reserves the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.
From time-to-time LiveSample may provide you with the ability to voluntarily link or connect to websites maintained and/or operated by third parties ("Third Party Websites"). LiveSample neither endorses the Third Party Websites nor the products, services, and/or opportunities advertised, offered and/or sold by, through or in connection with the Third Party Websites. LiveSample is not responsible for the policies and/or practices of the Third Party Websites or the information collected by the Third Party Websites or any Third Parties. Please review all policies and terms and conditions applicable to the Third Party Websites.
Your use of the Site is at your sole risk. All Site information and services are provided on an "as is" and "as available" basis, without warranties of any kind, express, statutory or implied, including without limitation, any implied warranties of merchantability, fitness for a particular purpose, non-infringement or non-misappropriation of intellectual property rights of a third party, title, custom, trade, quiet enjoyment, accuracy of information content, or system integration. LiveSample does not warrant that the Site will be available or operate in an uninterrupted, error free or completely secure manner or that errors or defects will be corrected.
You agree to indemnify, defend and hold harmless LiveSample, its parents, affiliates and subsidiaries and each of their respective divisions, members, managers, shareholders, directors, officers, employees and agents ("Indemnified Parties") from and against any and all claims, liabilities, losses, judgments, awards, fines, penalties and costs and/or expenses of any kind, including, without limitation, reasonable attorneys' fees and court costs, arising out of, resulting from, in connection with, or caused by, whether directly or indirectly, your breach or violation of these Terms and Conditions or use of the Site.
Under no circumstances shall LiveSample or any of its partners, agents, affiliates, or licensors or Indemnified Parties be liable to you or any other person for any indirect, direct, incidental, special or consequential and/or punitive damages arising out of or relating to this Agreement, or use or attempted use of the Site. Your sole and exclusive remedy hereunder shall be for you to discontinue your use of the Site. You and LiveSample agree that any cause of action arising out of or related to the Site or any information or services must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. In any event for any reason under any theory, LiveSample's liability shall not exceed $1,000.
You acknowledge and agree that you will comply with all applicable international, national, Federal, state, and/or local laws, codes, regulations, rules and/or requirements regarding your use of, and/or access to the Site; membership to, in, or with the website; and/or participation in the surveys.
If any provision 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 deemed null and void and shall not affect the application and/or interpretation of these Terms and Conditions. The remaining provisions of these Terms and Conditions shall continue in full force and effect, as if the invalid or unenforceable provision was not a part of these Terms and Conditions.
Any disputes and/or claims arising out of or related to this Agreement, the Site, the LiveSample website or any surveys relating to this Agreement shall be resolved exclusively through the use of binding arbitration. Such arbitration shall be subject to the Federal Arbitration Act and the rules of the American Arbitration Association, which shall govern such arbitration and shall be conducted before a single arbitrator in Fairfield County, Connecticut, USA. Any claimants shall have their claims/disputes resolved on an individual basis. Class action arbitration is prohibited under this Agreement. Neither you nor LiveSample shall be entitled to join or consolidate claims in arbitration by or against other users or arbitrate any claims as a member of a class or in a private attorney general capacity. Each party shall bear its own costs, including any attorneys' fees, associated with such arbitration.
LiveSample reserves the rights to, without any notice and at its sole discretion, terminate this Agreement and your participation in the LiveSample Website immediately if it has reason to believe that you are in breach of this Agreement at any time. Any termination pursuant to this paragraph immediately cancels all LiveSample Rewards to which you may be entitled.
The headings contained in these Terms and Conditions are for reference only and shall have no effect on the interpretation and/or application of this Agreement. LiveSample's failure to enforce a breach by you of these Terms and Conditions shall not waive or release you from such breach and shall not waive, release or prevent LiveSample from enforcing any subsequent breach by you of these Terms and Conditions. These Terms and Conditions, any policy or policies referenced or incorporated herein, and any website, project or survey specific requirements, represent the entire understanding and agreement between LiveSample and you with respect to the subject matter hereof.
By accessing the Site and agreeing to become a LiveSample website Member and/or agreeing to participate in LiveSample surveys you signify your acceptance of these Terms and Conditions.
LiveSample shall have the right at any time to (a) change these Terms and Conditions, and to (b) change the Site, including eliminating or discontinuing any content or feature of the Site, restricting the hours of availability, or limiting the amount of use permitted. Such changes, modifications, additions, or deletions shall be effective immediately, with or without notice. Any notice, may be given by any means including, but not limited to, posting on the Site, or by electronic mail, or by conventional mail. Your use of the Site after any change or after such notice shall be deemed to constitute your acceptance of such changes, modifications, additions, or deletions. You are expected to review these Terms and Conditions periodically to ensure familiarity with the most current version.
53 Riverside Avenue
Westport, Connecticut 06880