Effective Date: December 11, 2015
The SurveyMonkey Election Tracking services (“Election Tracking” or the “Service”) are provided subject to these Terms of Service (“Terms”) and any SurveyMonkey order form or similar SurveyMonkey document under which you purchased the Service (“Order Form”).
1. Service Description
1.1 Election Tracking Syndicated Subscription. A subscription to Election Tracking Syndicated provides a single SurveyMonkey account with access to an online or downloadable dashboard (“Election Dashboard”) containing various data, reports, and analysis relating to the 2016 United States federal and state elections (“Election Data”). If you purchase Approved Questions through Election Tracking Custom Questions, the Election Dashboard will contain the responses to those questions and provide you with the ability to analyze those responses.
1.2 Election Tracking Custom Questions. Election Tracking Custom Questions is a service that allows you to get responses to Approved Questions from individuals who complete surveys hosted on SurveyMonkey. Approved Questions may be targeted at certain demographics supported by SurveyMonkey. An “Approved Question” is a question provided by you that SurveyMonkey has approved at its sole discretion. The Election Tracking Custom Questions service is charged on a per Approved Question, per block of respondents basis. Unit prices may vary based on the nature of the Approved Question, the demographic targeting criteria required by you, the size of the block of respondents, the time for delivery, the demographic detail required, and any other special requirements you may have that we are able to support.
1.3 Requirements. To access the Election Dashboard, Election Data, and any responses to Election Tracking Custom Questions, you will be required to maintain a SurveyMonkey account (free or paid). You may not purchase or access the any Election Tracking services for the purpose of building a competitive product or service, or for any other competitive purposes.
1.4 One individual per Account. Access to the Election Dashboard is given to the specific SurveyMonkey end user account or accounts for which Customer has purchased access. Access credentials to end user accounts may not be shared between individuals, and an end user account and Election Dashboard may only be accessed and used by the individual account holder specifically authorized to do so.
2. Election Data License
2.1 License. Subject to the payment of any applicable fees for the Service, SurveyMonkey grants you a limited, non-exclusive, non-transferable, non-sublicensable right to use the Election Data for your internal business purposes only (“License”). The License also permits you to reproduce the Election Data for your internal backup purposes only.
2.2 License restrictions. You may not, and the License does not entitle you to:
- resell, lend, or assign the Election Data;
- publish, share, distribute, or otherwise disclose the Election Data to any third party, including to your affiliates (such as parent companies, portfolio companies, and subsidiaries, whether wholly-owned or not). If SurveyMonkey has given you written permission to disclose the Election Data to a third party, you are responsible for ensuring that third party’s compliance with these Terms and you will be liable for any failure of that third party to do so;
- attempt to reconstruct or ascertain the identity of any individual from the Election Data;
- contact for any purpose (marketing or otherwise), or disclose the identity of, any individual whose identity may be ascertainable from the Election Data;
- include the Election Data in any document or communication intended for release outside of your organization, including as part of a press release, media conference, investor presentation, annual report, or any other official or unofficial communication;
- imply or state that SurveyMonkey endorses, sponsors, or is affiliated with the purposes for which you use the Election Data; or
- remove or modify any notice of copyright, trademark or other proprietary right from any place where it is on or embedded in the Election Data.
3. Election Tracking Custom Questions
3.1 Fees. Fees for Election Tracking Custom Questions will be invoiced in advance. Fees paid in relation to an Approved Question will be forfeited if you do not schedule an Approved Question for delivery within 3 months of payment.
3.2 Delivery. Responses to Approved Questions will be delivered to you by email or via the Election Dashboard.
3.3 Limitations. SurveyMonkey will use commercially reasonable efforts to obtain the number of responses you desire to an Approved Question. If SurveyMonkey is unable to obtain the required number of responses, SurveyMonkey will provide you with a pro rata refund of fees paid for that Approved Question.
3.4 Restrictions. You may not:
- attempt to reconstruct or ascertain the identity of any individual from the responses to Approved Questions;
- contact for any purpose (marketing or otherwise), or disclose the identity of, any individual whose identity may be ascertainable from the responses to Approved Questions; or
- imply or state, without SurveyMonkey’s prior written consent, that SurveyMonkey endorses, sponsors, or is affiliated with the purposes for which you use the Approved Questions or responses to Approved Questions.
4. Intellectual Property
4.1 Ownership of Election Data. These Terms do not grant or transfer to you any ownership rights to the Election Data or Election Dashboard, and ownership of all intellectual property rights subsisting in the Election Data and Election Dashboard are retained by SurveyMonkey or its licensors. No licenses or rights to the Election Data or Election Dashboard are granted to you other than as expressly provided herein.
4.2 Ownership of Approved Questions and Associated Responses. Subject to you paying in full any fees payable for the Election Tracking Custom Questions service, you will own all intellectual property rights subsisting in any responses collected to your Approved Questions (including when those responses are delivered to you via the Election Dashboard). You grant SurveyMonkey the right to use, host, copy, transmit, display, and distribute your Approved Questions and any responses to them for the purpose of providing you with the Service.
5. Term and Termination
5.1 Election Tracking Syndicated Subscription. Unless otherwise specified on the Order Document, a subscription to Election Tracking Syndicated will terminate when SurveyMonkey decides to close the Election Dashboard and stop providing the Service. However, SurveyMonkey will provide you with at least 60 days’ written notice before doing so, and will not do so before December 1, 2016.
5.2 Termination of License. The License, with respect to any Election Data you have downloaded, will terminate upon termination of your 2016 U.S. Election Dashboard subscription. SurveyMonkey may terminate the License upon 7 days’ written notice if you materially breach these Terms. Upon termination of the License, you will immediately cease all use of the Election Data and delete all copies of the Election Data you have in your possession, control, or custody. Upon SurveyMonkey’s request, you will certify your compliance with the foregoing obligation in writing.
6.1 Confidentiality. Non-public price information relating to the Service is SurveyMonkey’s Confidential Information. Election Data is SurveyMonkey’s Confidential Information.