TERMS OF SERVICE

Last updated on Jun 01, 2018

Welcome to the AffinityPages website and mobile properties, including related applications (collectively, the “AffinityPages” or the “Service”). This Service is provided to assist users in measuring brand affinity and building brand awareness for businesses, stores, national brands, specific products or services, places, events, mobile apps, movies, music, TV shows, causes/charities, cruises, schools, and people (e.g. politicians, actors/actresses, musicians, athletes) (as used herein, each a “brand” or “brands”), based on real-time, crowd-sourced data. The terms “we”, “us”, “our” and “IntellaSphere” refer to IntellaSphere, Inc., a Delaware corporation and/or our subsidiaries. The term “you” refers to the user visiting the Service and/or contributing content on this Service.

This Service is offered to you conditioned upon your acceptance without modification of any/all the terms, conditions, and notices set forth below (collectively, the “Agreement”). By accessing or using this Service in any manner, you agree to be bound by the Agreement and represent that you have read and understood its terms. Please read the Agreement carefully, as it contains information concerning your legal rights and limitations on these rights, as well as a section regarding applicable law and jurisdiction of disputes. If you do not accept all of these terms and conditions, please do not use this Service.

We may change or otherwise modify the Agreement in the future, and you understand and agree that your continued access or use of this Service after such change signifies your acceptance of the updated or modified Agreement. We will note the date that revisions were last made to the Agreement at the bottom of this page, and any revisions will take effect upon posting. We will notify our users of material changes to these terms and conditions by either sending a notice to the email address provided to us at registration or by placing a notice on our Service. Be sure to return to this page periodically to review the most current version of the Agreement.

ABOUT THE SERVICE

All products, businesses, people, places, and things have some level of “affinity”, i.e., positive or negative feelings associated with it by others. AffinityPages uses a proprietary, patent-pending approach for measuring, calculating and displaying the brand affinity value (the “Affinity Value”) associated with any brand in near-real time, enabling users to continuously assess and improve brand affinity.

USE OF THE SERVICE

As a condition of your use of this Service, you warrant that (i) all information supplied by you to the Service is true, accurate, current and complete, (ii) if you have an AffinityPages account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you and (iii) you are 13 years of age or older in order to register for an account and contribute to our Service. IntellaSphere does not knowingly collect the information of anyone under the age of 13. We retain the right at our sole discretion to deny access to anyone to the Service at any time and for any reason, including, but not limited to, for violation of this Agreement. By using our Service, including any AffinityPages products or services that facilitate the sharing of content from third party sites, you understand that you are solely responsible for any information that you share with us.

HOW TO CREATE AN AFFINITY POLL

BRAND INFLUENCERS (Non-Brand Owners)

Any AffinityPages user can create a new brand affinity poll (“Brand Affinity Poll”) for a brand if a pre-existing Brand Affinity Poll for the brand does not already exist. A Brand Affinity Poll creator does not need to be the brand owner. For example, you as an individual can create a Brand Affinity Poll related to a local retail store, provide your feedback, and share the Brand Affinity Poll for others to take. Brand Affinity Poll creators and poll respondents (who are not the Brand Owner) are referred to as “Brand Influencers”.

To create a Brand Affinity Poll you must enter the name of the brand and select the appropriate classification for the brand (e.g. business, place, product, service). The Service will do a quick search to see if there is already an existing Brand Affinity Poll related to the brand. If there is, please feel free to participate in the existing Brand Affinity Poll by providing your input. If there is no existing Brand Affinity Poll, the Brand Influencer may complete the new Brand Affinity Poll creation form and share the new Brand Affinity Poll.

When a new Brand Affinity Poll is created, AffinityPages automatically creates an associated affinity page (“Affinity Page”) for the brand. If a Brand Influencer is creating the Affinity Page, the Service will automatically check for, and may autocomplete, third-party publicly available information on the brand. For example, if the brand is a local business, AffinityPages may check for and import public information on the business from the business’ Google My Business listing. If the brand is a politician, or a place, or a breed of animal, AffinityPages may import information on the brand from Wikipedia.

Each user may only participate in a particular Brand Affinity Poll once. You must be a registered AffinityPages user and logged in, or alternatively you need to provide your name and email address to participate in Brand Affinity Poll. Additionally, only users with United States IP addresses can participate in Brand Affinity Polls.

The Brand Affinity Poll permanently resides on the Affinity Page, and can be shared with your friends, customers, political constituents, etc. The Brand Affinity Poll cannot be removed from an Affinity Page.

While AffinityPages is intended to enable people to provide their thoughts on public businesses, people and other public entities, is it not intended to be used for private individuals unless the individual chooses to create their own AffinityPage. You CANNOT create an Affinity Page for a non-public person (for example, for your Aunt Mary, or some person you and your friends don’t like), but you CAN create an Affinity Page for any public entity, public official, product, or public person (professional athletes, professional movie actors or actresses) that doesn’t already have one.

BRAND OWNERS & BRAND MANAGERS

Any AffinityPages user can create a new Brand Affinity Poll and associated Affinity Page for their brand if a pre-existing Brand Affinity Poll or Affinity Page for the brand does not already exist. To create a Brand Affinity Poll as the brand owner you must enter the name of the brand and select the appropriate classification for the brand. The Service will do a quick search to see if there is already an existing Brand Affinity Poll related to your brand. If there is an existing Brand Affinity Poll or Affinity Page, and you are the brand owner, then you can contact AffinityPages to claim your Affinity Page. If there is no existing Brand Affinity Poll, then complete the new Brand Affinity Poll creation form and your supply the Affinity Page details.

HOW TO CLAIM YOUR PRE-EXISTING AFFINITY PAGES IF YOU ARE THE BRAND OWNER

A brand owner can request to claim and manage a pre-existing Affinity Page that is specific to their brand by contacting IntellaSphere and completing an AffinityPages Claim Form.
Note: IntellaSphere may take up to 5 business days or more to confirm the authenticity of your Affinity Page claim request.

PROHIBITED ACTIVITIES

The content and information on this Service (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to IntellaSphere. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through the Service. Additionally, you agree not to:

  • use the Service or its contents for any commercial purpose;
  • access, monitor or copy any content or information of the Service using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
  • violate the restrictions in any robot exclusion headers on this Service or bypass or circumvent other measures employed to prevent or limit access to this Service;
  • take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
  • deep-link to any portion of this Service for any purpose without our express written permission;
  • “frame”, “mirror” or otherwise incorporate any part of this Service into any other website without our prior written authorization; or
  • attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Service or the services.