This Agreement was last modified on February 28, 2020.
Please read these Terms of Service (“Agreement”) carefully before using CloudResearch.com and any related websites (the “Site”) operated by Prime Research Solutions LLC (“us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the Site.
By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site, initiating contact with us through the site or contributing content or other materials to the Site, you agree to be bound by these Terms of Service.
The Site and its original content, features and functionality, and including any improvements or modifications thereto, are owned by Prime Research Solutions LLC and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. We grant you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Site solely in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Site or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
When you upload, submit, store, send or receive content to or through our Site, you grant us (and those we work with) a worldwide, perpetual and irrevocable license to use, host, store, reproduce, modify, create derivative works communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving the Site. This license continues even if you stop using our Site. You warrant to us that you have the necessary rights to grant us this license for any content that you submit to the Site.
For users who share their MTurk API credentials, user grants to CloudResearch MTurk API access to the user’s MTurk account for purposes including managing studies, monitoring MTurk usage and helping to improve the website, software and user experience.
Archiving and Storage of Recorded Communications
As a condition of being granted access to videos and other media (collectively, the “Materials”) on the CloudResearch website, you hereby represent, warrant and agree as follows: (i) You are engaged in legitimate and bona fide research (the “Research”) and are being granted access to the Materials solely for purposes of the Research; (ii) you agree not to copy, capture, download, share or otherwise distribute any of the Materials and Information contained on the site except to others involved with the Research who agree to be bound by these representations and warranties, (iii) all Materials and Information on the site are the sole and exclusive property of CloudResearch or other third parties, (iii) you will not share the name, identity or any information that could lead to disclosure or discovery of the name or identity of any participants in the Materials and any discussion or use of the information relating to the individuals in the Materials will be on an anonymized basis, (iv) you will not use any Materials for purposes other than the Research, (v) you will use the Materials solely in compliance with all applicable laws and regulations, (vi) you will indemnify and hold harmless the CloudResearch, its affiliates and its and their members, managers, officers, directors employees and agents from and against any violation of these representations and warranties by you or anyone acting on your behalf.
You acknowledge and understand that there are federal, state, local and international laws governing the electronic recording of communications and that Cloud Research will not be liable for any illegal use of the Service. You should carefully review your own circumstances when deciding whether to use the recording features of the Service and it is your responsibility to determine if the electronic recordings are legal under applicable federal and state laws. You agree to comply, and require that your users comply, with all applicable laws, whether federal, state, local or international, relating to the privacy of communication for all parties to a conversation, including, when required, advising all participants in a recorded video chat that the video chat is being recorded. In addition, you acknowledge that the storage of recorded communications is not guaranteed by Prime Research Solutions LLC and agree that Prime Research Solutions LLC will not have any liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that you may incur with respect to the loss or deletion of recorded communications.
We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive such termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
Links To Other Sites
Clients have 14 days to approve or reject assignments completed using Prime Panels. Rejected assignments will be replaced at no additional charge. If no rejection notice is submitted within 14 days after the subject completes the assignment it will deemed approved and no longer eligible for free replacement. Clients may reject up to 25% of submitted assignments and are encouraged to use the “pilot” feature before running the entire study to ensure they are satisfied with the responses they receive.
Limitation Of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE, OR OTHER ACTIVITIES INITIATED THROUGH OR RELATED TO THE SITE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall our total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of ten dollars ($10.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ANY SERVICES PERFORMED OR PROVIDED BY THE SITE OR OTHERWISE INITIATED THROUGH THE SITE EVEN IF PERFORMED IN WHOLE OR IN PART OFFLINE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITATION, WE DO NOT WARRANT THAT: A) THE SITE WILL FUNCTION UNINTERRUPTED, SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; C) THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR D) THE RESULTS OF USING THE SITE WILL MEET YOUR REQUIREMENTS. WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SITE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of the State of New York, United States, without giving effect to any principles of conflicts of law. You agree to submit to the personal and exclusive jurisdiction of the courts located within the Borough of Manhattan, State of New York, to resolve any dispute or claim arising from this Agreement. Excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.
You may not use or otherwise export or re-export the contents of the Site except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the contents of the Site may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Site, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Site for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
By your use of the Site, you grant permission to us to use your company logo and name in our client list, both of which may be displayed on the Site or use in other marketing communications.
Data that are published using CloudResearch’s MTurk Toolkit should be cited as follows:
Data that are published using the CloudResearch Prime Panels product should be cited as follows:
CloudResearch may email you information about new offerings and updates to your account, at its discretion.
Changes To This Agreement
We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service.
If a particular term of this Agreement is not enforceable, this will not affect any other terms. Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.
If you have any questions about this Agreement, please contact us.