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NewCloudTime is an online market research community that is wholly owned by SOBER SAY LTD. We believe consumers like you deserve better products and services, and we created NewCloudTime to help you share information and connect with brands and markets so they can better understand consumers.
These Terms and conditions (the "Terms" or the "Agreement") govern your use of the NewCloudTime services, including (1) participation in the NewCloudTime Group or subgroup (the "Group"), (2) the NewCloudTime website, Including www.newcloudtime.com(the "Website"); (3) Online surveys and focus groups (" Surveys ") and other tasks (4) and mobile, desktop, and browser applications that you can download and use to share information about your online browsing activities (collectively, the "Services").
In these terms, “We” or “Us” (whether or not capitalized) refers to NewCloudTime its SOBER SAY LTD. These Terms constitute a legallybinding agreement between you and NewCloudTime. By signing up, accessing,using, and/or participating in the Services you expressly agree to comply with, andbe bound by, these Terms. Please read these Terms carefully before using any ofthe services. THIS AGREEMENT ALSO INCLUDES A CLASS ACTIONWAIVER. IF YOU DO NOT AGREE TO THESE TERMS AND THE CLASSACTION WAIVER, DO NOT USE THE SERVICE.
Panel membership is generally open to individuals who satisfy the requirements for membership. We only allow one member per unique email address. Members are not permitted to create more than one NewCloudTime account. NewCloudTime may refuse to provide the Services to anyone, at any time and for any reason or no reason.
By using any of the Services, you represent that you are at least 18 years old, and 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 (“Applicable Laws”), and you will use the Services solely for personal, non-commercial use.
You must register for an account to access certain aspects of the Services. As partof any such registration process, you must provide certain information, including your name, contact information, and a password. You agree that the information you supply during the registration process will be accurate and complete, and you agree that you shall not create more than one NewCloudTime account. We reserve the right to verify your identity and monitor the activity on your account for compliance with these Terms and Applicable Law and to prevent fraud.
You are solely responsible for preserving the confidentiality of your password, and you agree to notify NewCloudTime of any known or suspected unauthorized use of your account. Further, you agree that you are responsible for all statements made and acts or omissions that occur on your account while your password is being used. If you believe someone has used your password or account without your authorization, you must notify NewCloudTime immediately. NewCloudTime reserves the right to restrict or prohibit your use of, access to, and participation in the Services if you provide, or NewCloudTime reasonably suspects that you have provided, information that is untrue, inaccurate, not current, or incomplete. Inaddition, NewCloudTime reserves the right to terminate or delete any account, at our sole discretion.
To become a Panel member, you must register, truthfully provide all information requested. NewCloudTime will either: (i) issue a username and password to a Panelmember, or (ii) permit a Panel member to create his/her own username and password. Panel members are solely responsible for the security of their usernames and passwords and will be solely liable and responsible for any use, whether authorized or unauthorized, of their membership accounts. Panel membership isspecific to the individual who registers for membership with the Panel.
A Panel member may update, correct, and/or delete information contained in his or her membership profiles by: (i) accessing his or her Panel membership account; or (ii) sending an email to the appropriate Panel member services team for the appropriate Panel.
In order to register as a Panel member, you must register with or for the Panel and provide certain personal information. Panel members are required to truthfully provide all information. NewCloudTime reserves the right to restrict or prohibit your use of, access to, and/or participation in the Services if you provide, or NewCloudTime reasonably suspects that you have provided, information that is untrue, inaccurate, not current, or incomplete.
NewCloudTime will either: (i) issue a user name and password to a Panel member, or (ii) permit a Panel member to create his/her own user name and password. Panel members are solely responsible for the security of their user names and passwords and will be solely liable and responsible for any use, whether authorized or unauthorized, of their membership accounts.
Panel membership is specific to the individual who registers for membership with the Panel. You acknowledge that you are accessing, using, and/or participating in the Services in the capacity of an independent contractor, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this agreement.
You agree not to: (i) use spiders, robots or other automated data mining techniques to catalog, download, store, or otherwise reproduce or distribute data or content available in connection with the Services, or to manipulate the results of any survey, prize draw, or contest; (ii) take any action to interfere with any Website or an individual's use of any Website, including, without limitation, by overloading, “flooding”, or “crashing” any Website; (iii) send or transmit any viruses, corrupted data, or any other harmful, disruptive, or destructive code, file, or information, including, without limitation, spyware; (iv) collect any personally identifiable information of or about any other user of the Services; (v) send unsolicited emails, including, without limitation, promotions or advertising of products or services; (vi) open, use, or maintain more than one (1) membership account with a Panel and SJ Pulse Application; (vii) forge or mask your true identity; (viii) frame aportion(s) of any Website within another website or alter the appearance of any Website; (ix) establish links from any other website to any page of, on, or located within any Website or to the Services, without the prior express written permission of NewCloudTime; (x) post or transmit any threatening, libelous, defamatory,obscene, pornographic, lewd, scandalous, or inflammatory material or content orany material or content that could otherwise violate Applicable Laws (as defined herein); (xi) impersonate any person or entity or misrepresent your affiliation with a person or entity; (xii) send multiple emails from the referral function to the same email address or continue to send emails through the referral function after arecipient has requested not to receive further emails or NewCloudTime has notified you that a recipient has requested to opt-out of further emails; (xiii) create more than one NewCloudTime account; (xiv) attempt to inflate your points by circumventing or otherwise compromising our systems; (xv) engage in any fraudulent activity, including, without limitation, speeding through surveys, taking the same survey more than once, masking or forging your identity, submitting false information during the registration process, submitting false or untrue survey data, redeeming or attempting to redeem rewards, prizes, and/or incentives through false or fraudulent means, and tampering with surveys; (xvi) reverse engineer any aspect of the Services or do or take any act that might reveal or disclose the source code,or bypass or circumvent measurers or controls utilized to prohibit, restrict or limitaccess to any webpage, content or code; or (xvii) engage in any criminal or illegal conduct or violate any Applicable Laws or the rights of any third party.
In connection with your use of, access to, and/or participation in the Services, you may have the opportunity to review or access confidential and proprietary information, materials, products, and content (“Restricted Content”) belonging to NewCloudTime and/or the clients, partners and/or licensors of NewCloudTime surveys and services. Restricted Content is and shall remain the sole and exclusive property of the owner of the Restricted Content. In no event shall you obtain or receive any right, title, and/or interest in or to any Restricted Content. You agree to protect the confidentiality and secrecy of the Restricted Content and you agree not to modify, copy, reproduce, republish, display, transmit, distribute, reverse engineer, create derivative works of, decompile, or otherwise use, alter, or transfer Restricted Content without the prior express written consent of NewCloudTime. You acknowledge and agree that Restricted Content may be subject to, and protected by, intellectual property laws, regulations, and codes. You further acknowledge and agree that if you breach or otherwise violate the restrictions, limitations, and prohibitions contained in this Section, in addition to any other rights or remedies available to NewCloudTime, NewCloudTime reserves the right to terminate, prohibit or restrict your use of, access to, and/or participation in the Services.
You are solely liable and responsible for all content, materials, information, andcomments you use, upload, post or submit in connection with the Services (“User Content”). If you submit User Content, it may become publicly available and beshared with third parties including, without limitation, NewCloudTime's clients, clients of NewCloudTime's clients, and third-party service providers. By using, uploading, posting, or submitting User Content in connection with the Services, you grant to NewCloudTime a license to edit, copy, transmit, publish, display, create derivative works of, reproduce, modify, distribute, and otherwise use, modify, or distribute your User Content.
You are solely responsible for the User Content, and you expressly agree thatNewCloudTime is not responsible for any User Content. NewCloudTime reserves the right (but does not undertake the obligation) to delete, move, or edit User Content, that is, in NewCloudTime's sole discretion, deemed to: (i) violate these Terms, (ii) violate Applicable Laws or the rights of NewCloudTime or any third party, or (iii) be abusive, defamatory, obscene, or otherwise objectionable.
When you use the Services or the Website, we grant you a personal, non-exclusive, revocable, limited license to use our Services. You may use the services only for your personal use. You may not circumvent any mechanisms included on the Sitesfor preventing the unauthorized reproduction or distribution of content on theSites. You acknowledge that we retain all right, title, and interest in the Services and Website. This license may be terminated at our discretion, and if you violateany provisions listed in this Agreement, our Privacy Policy, any applicable law, rule or regulation, or the rights of us or any third party.
In connection with your use of the Services, you may have the opportunity to earn rewards, incentives, and entries into prize draws or sweepstakes. Information, official rules, and terms and conditions for rewards, incentives, and prize draws or sweepstakes may be available on the Website.
You may redeem your points for rewards, including through PayPal, gift cards. A minimum number of points may be required for redemption. A valid and verified PayPal account is required for redemption of points via PayPal.
Panel members agree to promptly notify NewCloudTime member services team of any changes in or to information contained in their member profile. Panel members agree to review and update, as necessary, membership profiles no less frequently than once every six (6) months. A Panel member may update, correct, and/or delete information contained in his or her membership profiles by: (i) accessing his or her Panel membership account; or (ii) sending an email to the appropriate Panel member services team for the appropriate Panel.
Panel members may opt-out from using the Services (including, without limitation, from receiving newsletters or communications), at any time, by: (i) following the unsubscribe procedures described on the Website or contained in any email received from the NewCloudTime; or (ii) by sending an email to the Panel member services team. NewCloudTime shall use reasonable efforts to read and respond to each email request within a reasonable period of time after receipt. Upon termination, a Panel member's contact information will be removed from any further communication or contact lists. Please allow a few days for the complete removal of contact information from NewCloudTime's communication or contact lists for the applicable Panel; during which period the member may receive communications which were created or compiled prior to termination. Please see the NewCloudTime Privacy Policy for information on how NewCloudTime handles information and data following an unsubscribe, termination, or opt-out request (“NewCloudTime Privacy Policy”).
At any time you seek to opt out of the NewCloudTime 0Applications, you may uninstall the NewCloudTime Applications from your mobile device.
The Services, Website, or the SJ Pulse Applications may link or connect to websites maintained or operated by third parties (“Third Party Websites”). These include surveys conducted on third-party websites or third-parties’ in-home product use testing. NewCloudTime does not endorse or make any representations or warranties about any Third-Party Website or any products, services, or opportunities advertised, available, offered or sold by, on, through any third-parties. NewCloudTime expressly disclaims all liability arisin out of, or inconnection with your use of such Third-Party Websites and information.
All panel and survey-related communications (excluding personal information) and User Content submitted or transmitted by You to NewCloudTime by electronic mail or otherwise, shall be treated as non-confidential and non-proprietary information, unless specifically indicated by You either prior to, or contemporaneously with, the submission or transmission of such communications and User Content. You agree that any such communications and User Content may be used by NewCloudTime for any legal reason.
NewCloudTime takes your privacy very seriously. For information about NewCloudTime Privacy practices, please review the NewCloudTime Privacy Policy.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES ARE AT YOUR OWN RISK. NEITHER NewCloudTime NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, ORDELIVERING THE WEBSITE MAKES ANY REPRESENTATIONS ORWARRANTIES BEYOND THOSE ON THE FACE OF THE WEBSITE ANDTHE SERVICES, INCLUDING BUT NOT LIMITED TO REPRESENTATIONS ABOUT THE SUITABILITY OF THE CONTENT FOR ANY PURPOSE, OR THAT YOUR USE OF THE WEBSITE AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE WEBSITE OR SERVICES,WILL MEET YOUR REQUIREMENTS, OR THE RESULTS THAT MAY BEOBTAINED FROM THE USE OF THE WEBSITE OR SERVICES. EXCEPTWHERE PROHIBITED BY LAW, IN NO EVENT SHALL NewCloudTimeBE LIABLE FOR ANY DAMAGES GREATER THAN THE MAXIMUM AMOUNT PAID BY YOU, IF ANY, FOR USING THE WEBSITE. SOME JURISDICTIONS (INCLUDING NEW JERSEY) DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES AND LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLYTO YOU.
NewCloudTime hereby reserves the right, in NewCloudTime's sole discretion, to change to these Terms. Changes will be effective at the time they are posted. NewCloudTime encourages you to review these Terms on an ongoing basis.
NewCloudTime reserves the right to change, modify, or eliminate, and/or restrict or block access to, all or any part of the Services, without notice, at any time, for any reason or no reason.
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAWS, YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL NewCloudTime BE LIABLE, OR OTHERWISE RESPONSIBLE, TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES, FOR ANY REASON(S) OR FOR ANY CAUSE(S), REGARDLESS OF WHETHER NewCloudTime IS INFORMED OF THE POSSIBILITY THE SUCH DAMAGES MAY EXIST. NOTWITHSTANDING ANYTHING IN THESE TERMS TO THE CONTRARY, THESE LIMITATIONS OF LIABILITY DOES NOT APPLY IN NEW JERSEY.
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 (“Applicable Laws”) regarding your use of, participation, in, and/or access to the Services.
NewCloudTime may, at its sole discretion, suspend and/or terminate your use of, access to, and participation in the Services if you violate these Terms. If NewCloudTime terminates your membership for violation of these Terms: (i) you forfeit all rights, title, and interest in all unredeemed rewards, incentives, and prizes, effective upon termination; (ii) your membership will immediately be canceled; (iii) your access to, participation in, and use of the Services will immediately cease, and (iv) you will not be allowed to participate in surveys offered through the Services.
In addition, NewCloudTime reserves the right to de-activate your Panel membership account: (a) if you do not participate in a survey, at least, once every twelve (12)months; (b) if NewCloudTime receives a bounceback or delivery failure notice inregards to email communications sent by NewCloudTime to your email account; or(c) if NewCloudTime receives a “mailbox full” reply notice in regards to email communications sent by NewCloudTime to your email account. In the event of deactivation or termination of your account by you or NewCloudTime (other than for your breach of these Terms), NewCloudTime shall maintain unredeemed rewards, incentives, and/or prizes active and available for you to redeem for a period of thirty (30) days following de-activation or termination.
NewCloudTime employees, subcontractor employees, and vendors, and their parents, spouses, children, or significant others (i.e., girlfriends/boyfriends, domestic partners, civil partner and spousal equivalents) are not eligible to receive any payments, prizes, or incentives for using, participating in, or accessing the Services.
A.Notice from You to NewCloudTime. Except as otherwise set forth herein, or as required by Applicable Laws, all notices to be sent or provided to NewCloudTime should: (i) be correctly addressed to the applicable business address, and shall be sufficiently delivered if delivered: (a) by Federal Express, Express Mail, or other nationally or internationally recognized overnight courier service (in which case notice shall be effective one (1) business day following dispatch); or (b) by certified mail, return receipt requested, postage prepaid (in which case notice shall be effective six (6) days following deposit in mail); or (ii) be sent via email to the appropriate member services team.
B.Notice from NewCloudTime to You. Except as otherwise required by Applicable Laws, you agree that NewCloudTime may provide notices to you: (i) via the e-mail address provided by you to NewCloudTime (in which case notice shall be effective one (1) day following the date the e-mail was sent, provided that NewCloudTime did not receive an error message stating that delivery of the e-mail was delayed, that the e-mail address was invalid, or that the e-mail otherwise could not be delivered).
C.Legal Notice. All questions regarding these Terms and all legal notices should be sent, in accordance with Section 21.A. of these Terms, to: [email protected]
You acknowledge and agree that by clicking on the button labeled "SUBMIT", "GET STARTED", “I AGREE”, or “I ACCEPT" or such similar links as may be designated by NewCloudTime to accept the terms and conditions of these Terms, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms and Conditions. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE OR SERVICES OFFERED BY NewCloudTime. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
If any term or provision of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such term or provision shall be deemed null and void and shall not affect the application and/or interpretation of these Terms. The remaining terms or provisions of these Terms shall continue in full force and effect, as if the invalid or unenforceable term or provision was not a part of these Terms.
ANY CLAIM OR DISPUTE RELATING IN ANY WAY TO YOUR USE OF THE WEBSITE, SERVICES AVAILABLE ON THE WEBSITE, OR THESE TERMS OF USE SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION, EXCEPT THAT EITHER PARTY MAY SEEK INTERIM RELIEF FROM ANY STATE OR FEDERAL COURT IN THE PARTY'S STATE OF RESIDENCE TO PROTECT THE PARTY'S INTELLECTUAL PROPERTY RIGHTS. ARBITRATION WOULD REMOVE YOUR RIGHT TO LITIGATE A CLAIM IN COURT OR TO HAVE A JURY TRIAL ON THAT CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. IT IS IMPORTANT THAT YOU READ THIS PROVISION CAREFULLY BEFORE ACCEPTING THESE TERMS OF USE.
IF A DISPUTE IS ARBITRATED, YOU GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST NewCloudTime INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS AVAILABLE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
All disputes between you and NewCloudTime, including disputes related to this Agreement, your use of the Website, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer-related disputes and you and NewCloudTime hereby expressly waive trial by jury. You may bring claims only on your own behalf. Neither you nor NewCloudTime will participate in a class action or class-wide arbitration for any claims covered by this Agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account. This dispute resolution provision will be governed by the Federal Arbitration Act. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction.
In any arbitration, NewCloudTime will pay the filing, administration, service or case management fee, plus the costs associated with the first day of arbitration, with the remaining costs to be paid by the non-prevailing party. Unless inconsistent with applicable law, each party shall bear the expense of their respective attorneys', experts' and witness fees, regardless of which party prevails in the arbitration.
Arbitration shall take place in Los Angeles, California, but may proceed telephonically if the complainant so chooses.
This Agreement shall be governed and enforced by applicable laws of the State of California (without regard to conflict of law provisions there of). Any claim or dispute relating in any way to your use of the Website, Services, this Agreement, or your relationship with NewCloudTime (including communications received from NewCloudTime directly or through a third party) shall be adjudicated in the state or federal courts in Los Angeles, California, and you consent to exclusive jurisdiction and venue in these courts. To the fullest extent permitted by applicable law, no lawsuit under this Agreement may be joined to a lawsuit involving any other party subject to this Agreement, whether through a classaction, private attorney general proceeding, class arbitration proceedings, or otherwise. YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY. You shall have thirty (30) days from the earliest of the datethat you visit the Website, make a purchase through the Services, or submit information through the Website to opt out of this arbitration agreement, by contacting us by email at: [email protected]
If you do not opt out within thirty (30) days from the earliest of the date that you visit the Website, register as a member, use the Services, or submit information to us through the Website, then you are not eligible to opt out of this arbitration agreement.
You agree that you are responsible for all taxes and fees associated with your use of the NewCloudTime Website and Service. If you earn more than a certain amount of money on the Website, we may be required to mail you a form to obtain your social security number for tax reporting purposes. You agree that you will complete and return all forms we send to you requesting information.
You shall be an independent contractor and not a partner, joint venturer, or employee of NewCloudTime. You shall not represent that you are an agent or representative of NewCloudTime.
You may not assign your rights or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and obligations under this Agreement to any other party at our discretion.
The headings contained in these Terms are for reference only and shall have no effect on the interpretation and application of these Terms. NewCloudTime's failure to enforce a breach by you of these Terms shall not waive NewCloudTime's right to enforce such breach or any subsequent breach by you. These Terms, any rules,terms, or policies referenced or incorporated herein, and any Service-specific requirements, constitute the entire agreement between NewCloudTime and you with respect to the subject matter hereof. If any term or provision of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court ofcompetent jurisdiction, such term or provision shall be deemed null and void and shall not affect the application and interpretation of these Terms. The remaining terms or provisions of these Terms shall continue in full force and effect, as if the invalid or unenforceable term or provision was not a part of these Terms.
To file a complaint regarding the Services or to receive further information regarding use of the Services, send a letter to the above address or email [email protected].
Our surveys and offerwall offers will usually give you among the best payout rates in the entire industry， Sign up now and see for yourself how much more you can earn with NewCloudTime.
Email: [email protected]