By agreeing to participate in HISPANISPACE’s consumer research services as by downloading the Knowy app, you signify your acceptance of these Terms and Conditions. These Terms and Conditions govern your membership in any of HispaniSpace LLC’s (“HispaniSpace”) panels, including the Knowy App, DigaYGane.com Panel (“DigaYGane.com”), any sub-panel(s) of DigaYGane.com and/or any other panel(s) created, maintained and/or operated by HispaniSpace and/or its affiliates, subsidiaries and/or divisions (collectively referred to herein as “HispaniSpace”).
2. Use of Site
Use of the HISPANISPACE’s panel websites is subject to these Terms and Conditions, and is limited to your personal use. Use of a HISPANISPACE Website in violation of these Terms and Conditions is prohibited. Participation in surveys is optional and voluntary. You may unsubscribe from your panel membership at any time, see “Opt Out Policy” below. Panel membership, and/or participation in a survey(s) offered, provided, hosted or administered by HISPANISPACE, within the United States, is open to individuals who meet our screening criteria based on the type of panel we’re forming (Moms, Men, Hispanics, etc.) are eighteen (18) years of age or older and to minors between the ages of fourteen (14) and seventeen (17) who have obtained permission or consent from their parent or guardian. If you do not qualify, please do not attempt to register as a panel member or to participate in any survey(s). HISPANISPACE reserves the right to refuse to offer or provide panel membership or other services to anyone, at anytime, in its sole discretion. Without limiting any other available remedies, HISPANISPACE may, without any notice, suspend or terminate your account if you breach, violate or otherwise fail to abide by or comply with these Terms and Conditions.
3. Prize Drawings, Promotions and Payment
HISPANISPACE may offer or conduct sweepstakes in connection with HISPANISPACE’s panels. As part of sweepstakes, HISPANISPACE may issue sweepstakes entries for participation in certain surveys or studies. The rules governing sweepstakes entries will be provided to HISPANISPACE’s panelists in the text message (SMS) or email invitations that invite HISPANISPACE panelists to participate in certain studies or surveys. HISPANISPACE may engage a third party to administer a rewards points program in connection with certain studies or surveys. In the event HISPANISPACE engages such third party, the rewards points program will be subject, in addition to these Terms and Conditions, to the rules provided by such third party.
For the purpose of these Terms and Conditions, the term “Active” shall mean that your app is active for at least three months and or participate in a survey or study, at least, once every three (3) months. HISPANISPACE reserves the right to de-activate your account, without notice from HISPANISPACE, if your account does not remain Active; or if HISPANISPACE receives a hard bounce or delivery failure notice in regards to email communications sent by HISPANISPACE to your email account.
In the event that you or HISPANISPACE terminate your account pursuant to these Terms and Conditions, you will be deemed to have immediately forfeited your rights in and to any unredeemed sweepstakes prizes accrued prior to your termination, and HISPANISPACE will immediately terminate your access to, and ability to participate in further sweepstakes.
4. Membership and Login Credentials
In order to access certain services offered by or through an HISPANISPACE Panel or Panels, including access to surveys, you will be required to register with the applicable Website. As a condition of membership, you are required to truthfully provide all information requested by HISPANISPACE 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 HISPANISPACE or to an agent or representative of HISPANISPACE that is untrue, inaccurate, not current, or incomplete, or if HISPANISPACE or one of HISPANISPACE’s agents has reasonable grounds to suspect such information is untrue, inaccurate, not current, or incomplete, HISPANISPACE reserves the right to terminate your membership and to prevent you from any current or future access to, or use of, the Websites, including the immediate forfeiture of any rewards or prizes accumulated by you prior to such termination..
5. Intellectual Property
Pages and content within HISPANISPACE Websites and any related surveys, including but not limited to, text, graphics, audio, video, photographs, surveys, logos or other materials are the intellectual property of, or are authorized for use by, HISPANISPACE and/or its clients, licensors, business partners and/or affiliates, including all trademarks, service marks, copyrights, patents and trade secrets contained therein. You are prohibited from modifying, copying, reproducing, creating derivative works of, republishing, displaying, uploading, posting, transmitting or distributing the content available on a Website.
You acknowledge and agree that any communication(s) and/or material(s) you submit to HISPANISPACE on a non-confidential basis may be used by HISPANISPACE for any purpose(s). You further acknowledge and agree that any information, communication(s) and/or material(s) that you post in a public forum on, or in connection with, a Website, shall become the property of HISPANISPACE and may be used by HISPANISPACE for any purpose(s) including, without limitation, reproduction, transmission, publication, broadcast and/or for posting on any website(s).
6. Unauthorized Use(s)
Use of spiders, bots or other automated data mining techniques to catalog, download, store or otherwise reproduce or distribute content available on a Website or to manipulate the results of any panel, poll, survey or sweeptakes on our Websites is strictly prohibited. You are prohibited from taking any action to interfere with a Website or any other individual’s use of a Website, including, without limitation, via means of “flooding”, “mail bombing” or “crashing” a Website. You are prohibited from sending unsolicited email, including promotions and/or advertising of products or services, through a Website. You are prohibited from altering the appearance of a Website. You are prohibited from establishing links from any other website to any page of a Website without the express written permission of HISPANISPACE. You are prohibited from posting or transmitting any threatening, libelous, defamatory, obscene, scandalous, or inflammatory material or any material that could otherwise violate any law. You acknowledge and agree that HISPANISPACE will fully cooperate with any law enforcement authorities or court order, within the limits of all applicable laws, requesting or directing HISPANISPACE to disclose or reveal the identity of anyone posting any such information or materials or using a Website or the Websites in violation of these Terms and Conditions. HISPANISPACE’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 HISPANISPACE from enforcing any subsequent breach by you of these Terms and Conditions.
Information posted on HispaniSpace Websites is subject to change without prior notice. Any changes to these Terms and Conditions will be posted on the affected Websites. Your continued use of, and access to, a Website, after these Terms and Conditions are modified, constitute your acceptance of these Terms and Conditions, as modified.
8. User Profiles
Personal Information includes an individuals’ first and last name, residential address, email address, telephone number, age, gender, and date of birth. You agree to promptly notify HISPANISPACE of any changes in your Personal Information and any other information that you supply or provide to HISPANISPACE, by updating such Personal Information and any other information by visiting the member’s area on the applicable Website.
In the event that you voluntarily wish to terminate your membership with HISPANISPACE, you may terminate your membership by following the unsubscribe instructions contained within the applicable Website. You may also terminate your membership with HISPANISPACE by sending an email directly to the membership services team for the appropriate HISPANISPACE panel. Upon termination, your membership account will be terminated and you will be removed from any further communication or contact lists. Please allow a few days for the complete removal of your information from HISPANISPACE’s communication or contact lists; during which time period you may receive communications which were created or compiled prior to your termination. HISPANISPACE may retain your profile information in HISPANISPACE’s databases indefinitely.
10. Opt-Out Policy
Upon joining one of our panels, you agree to receive text messages and or emails inviting you to participate in surveys that HISPANISPACE feels may match your profile. Participation in any survey(s) is voluntary. HISPANISPACE may also e-mail content to you to make you aware of new features or contests running on the applicable Website. You may opt-out from any further participation, at any time, by following the unsubscribe procedures described on the appropriate Website for your panel membership or contained in any survey email invitation.
HISPANISPACE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER IN CONNECTION WITH ANY CONTENT ON THE WEBSITES. HISPANISPACE DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES. HISPANISPACE DOES NOT WARRANT THAT THE TOOLS OR FUNCTIONS CONTAINED IN THE WEBSITES OR ANY INFORMATION, CONTENT OR MATERIAL CONTAINED THEREIN, WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SYSTEMS OR THE SERVER(S) THAT SUPPORT THE WEBSITES AND MAKE THE WEBSITES AVAILABLE WILL BE CORRECTED, OR THAT THE SYSTEMS OR THE SERVER(S) THAT SUPPORT THE WEBSITES AND MAKE THE WEBSITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
12. Third Parties
Some of our Websites may contain links to other websites maintained by a third party or third parties and/or information about products and/or services offered by a third party or third parties. The inclusion of links to Third Party Websites and/or Third Party Information does not constitute an endorsement of such Third Party Websites or Third Party Information by HISPANISPACE. HISPANISPACE does not, and will not, independently verify the business and/or privacy practices of the third party or third parties connected to the Third Party Websites and/or Third Party Information.
All information provided or supplied by a third party or third parties in connection with a Website are for informational purposes only and do not necessarily reflect or express the views and opinions of HISPANISPACE and/or any of its respective employees and/or agents.
By joining a HispaniSpace LLC panel you agree to indemnify, defend and hold harmless HISPANISPACE, its affiliates and subsidiaries and each of their respective divisions, members, managers, shareholders, directors, officers, employees and/or agents from and against any and all claims, demands, liabilities, losses, and/or costs and/or expenses, including reasonable attorneys’ fees and court costs, arising out of, resulting from, in connection with, or caused by, whether directly or indirectly, (i) your breach or violation of these Terms and Conditions and/or (ii) your breach or violation of applicable international, national, Federal, state and/or local laws, codes, regulations, rules and/or requirements.
14. HISPANISPACE Employee Survey Participation Prohibition
HISPANISPACE employees and their Immediate Family Member(s) (as defined herein) of the same residence are not eligible to receive any payments, prizes or incentives for taking a survey(s) offered, provided, hosted or administered by HISPANISPACE. For the purpose of this Section, the term “Immediate Family Member(s)” includes parents, spouses, children or significant others (e.g. girlfriends/boyfriends, domestic partners, and spousal equivalents). A reference to members of the same residence shall include anyone who resides in the same household as a member, including without limitation any roommate(s).
Notices sent or provided to HISPANISPACE and/or an HISPANISPACE panel should be correctly addressed to the applicable e-mail or business address, and shall be sufficiently delivered if delivered by Federal Express, Express Mail, or other nationally or internationally recognized overnight courier service to the address indicated in each panel.
HISPANISPACE will provide required notice(s) to you via the e-mail address provided by you to HISPANISPACE. If the e-mail bounces or is otherwise undeliverable we may contact you by certified mail, return receipt requested, postage prepaid addressed to the address provided by you to HISPANISPACE.
16. Limitations of Liability
BY JOINING A HISPANISPACE PANEL YOU ACKNOWLEDGE THAT EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAWS, YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL HISPANISPACE BE LIABLE, OR OTHERWISE RESPONSIBLE, TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES, ARISING OUT OF, RESULTING FROM, IN CONNECTION WITH, OR CAUSED BY, WHETHER DIRECTLY OR INDIRECTLY, (i) YOUR PANEL MEMBERSHIP WITH HISPANISPACE; (ii) YOUR RELIANCE ON, OR USE OF, ANY INFORMATION, SERVICES AND/OR MERCHANDISE PROVIDED BY, ON, OR THROUGH ANY WEBSITE(S); AND/OR (iii) YOUR PARTICIPATION IN ANY SURVEY(S) OFFERED, PROVIDED, HOSTED, OR ADMINISTERED BY HISPANISPACE AND/OR ITS EMPLOYEES AND/OR AGENTS, REGARDLESS OF WHETHER HISPANISPACE IS INFORMED OF THE POSSIBILITY THE SAME MAY EXIST. FURTHERMORE You acknowledge and agree that you will comply with all applicable laws, statutes, ordinances and regulations regarding your use of all applicable Websites.
17. Governing Laws; Disputes, Severability
This agreement is governed by and construed in accordance with the laws of the state of California, USA, without regard to its conflict of laws principles. Any controversy or claim arising out of or relating to these Terms and Conditions and/or your panel membership shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Los Angeles County, California, USA and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, in no event shall you or HISPANISPACE be restricted or limited from seeking equitable relief from a court of competent jurisdiction located in Los Angeles County, California, USA, to protect rights and/or property from damage or injury.
Should any provision of these Terms and Conditions be held or declared to be invalid or unenforceable 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.
Any questions regarding these Terms and Conditions should be directed to:
2100 W. Magnolia Blvd., Suite A-B
Burbank, California 91506