Welcome to Mic Check Media! We make it easy for researchers to access and collect crowdfunded polling data.
1.User Account
1.1 To access the Service, you may need to create a user account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You may log in to the Services via third party platforms (e.g., Google) (“Third Party Platform”), in which case we may ask you to authenticate, register for, or log into such Third Party Platform. As part of this integration, the Third Party Platform may provide us with access to certain information you have provided to them, and we will use, store, and disclose such information in accordance with our Privacy Policy. We have no responsibility for your access and use of Third Party Platforms.
1.2 By agreeing to these Terms, you represent and warrant that you have the full legal authority to bind the organization, company, or other legal entity on whose behalf you are entering into this agreement. If you do not have such authority, you may not accept these terms or access and use the services on behalf of that entity.
1.3 You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account or password.
2.Data Access
2.1 The Services may provide you with access to the Data subject to the terms of these Terms. The Company reserves the right to modify, suspend, or discontinue the Service or any part thereof at any time, with or without notice. While we make reasonable efforts to ensure the accuracy of the Data, we cannot guarantee that it will be error-free or up-to-date at all times.
3.License
3.1 Subject to these Terms and payment of applicable Subscription fees, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Data for Internal Use only during the term of your Subscription. "Internal Use" means use of the Data solely for the Subscriber's internal business purposes, which can include:
(a) Viewing, analyzing, and processing the Data within the Subscriber's organization;
(b) Incorporating insights derived from the Data into the Subscriber's internal reports and presentations; (c) Using the Data to inform the Subscriber's internal decision-making processes; and (d) Conduct data analysis for your organization's benefit. 3.2 You may not: (a) Use the Data for any purpose other than Internal Use; (b) Sell, rent, lease, sublicense, distribute, or otherwise transfer the Data or any portion thereof to any third party; (c) Modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Data; (d) Remove, obscure, or alter any proprietary notices or labels on the Data; (e) Use the Data in any manner that violates any applicable laws or regulations; (f) Attempt to re-identify any anonymized or pseudonymized information in the Data; (g) Use the Data to compete directly with the Company or to develop a competing product or service; or (h) use Data to (i) create, develop, improve, train, or build any machine learning techniques, algorithms, or automated processes ("AI Algorithms"); or (ii) allow any Data to be used with any AI Algorithms, including to modify, improve, train, or score any data or otherwise produce insights without our prior written consent; provided that, (iii) nothing in the foregoing shall prevent you from using analyzing Data using data analytics products (e.g., Excel). 3.3 If you'd like to use Data for research purposes, please reach out to us at [email] for our consent (which we will not unreasonably withhold or delay - we want people to use our Data!). If we provide you with our consent, you are welcome to publish analyses of Data in academic publications or otherwise; provided, however, that (a) no respondents are identifiable; (b) Data is accurately sourced to Mic Check and not presented in a misleading manner; and (c) you provide us with a copy of any proposed publication for review and comment prior to submission of such material for publication. We will provide comments and you agree to discuss such comments in good faith for possible modification in accordance with high professional standards of scientific publication.4.Intellectual Property
4.1 The Website, Services, and Data, including all intellectual property rights therein, are and shall remain the exclusive property of the Company and its licensors. Nothing in these Terms shall be construed as granting any right or license to use any intellectual property of the Company beyond the limited license expressly granted herein. 4.2 You acknowledge that the selection, arrangement, and compilation of the Data constitute the intellectual property of the Company, protected by copyright and other intellectual property laws.5.Subscription and Autorenewal
5.1 Paid access to Data (“Subscription”) is available on a monthly basis at a rate of fifteen dollars ($15.00 USD) a month, payable at the beginning of each month. 5.2 Your Subscription will automatically renew at the end of each month period unless you cancel it at least the day before before the renewal date. By subscribing to the Service, you authorize us to charge your payment method on file for the renewal period at the then-current Subscription rate. 5.3 You may cancel your Subscription at any time by logging into your account settings and following the cancellation process, or by contacting our customer support team at support@miccheck.media. Upon cancellation, you will continue to have access to the Service until the end of your current billing period, but you will not receive a refund for any unused portion of your Subscription.
6.Privacy
6.1 By using the Service, you consent to the collection, use, and disclosure of your personal data as described in our Privacy Policy.
7.User Conduct
7.1 You agree to use the Website and Service in compliance with all applicable laws and regulations and shall not: (a) Interfere with or disrupt the operation of the Website or Service; (b) Attempt to gain unauthorized access to any portion of the Website or Service; (c) Use any automated means to access the Website or Service; (d) Introduce any viruses, trojans, worms, or other malicious code to the Website or Service; (e) engage in data mining or similar data gathering or extraction activities or retrieve data or other content from the Services by accessing, monitoring, or copying information using automated means, including but not limited to robots, spiders, crawlers, scrapers, indexing agents, or any other automated tools or processes. You may not bypass or attempt to bypass any measures we may use to prevent or restrict access to the website, including CAPTCHA, IP blocking, or authentication mechanisms. (f) Engage in any activity that could reasonably be expected to interfere with or disrupt the Service.
8.Disclaimer
8.1 The Website, Service, and Data are provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory. The Company disclaims all warranties, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. 8.2 The Company does not warrant that the Data will be accurate, complete, reliable, current, or error-free. The Company shall not be liable for any loss or damage caused by your reliance on information obtained through the Data.
9.Limitation of Liability
9.1 To the fullest extent permitted by applicable law, in no event shall the Company be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Services; (b) any conduct or content of any third party on the Service; (c) unauthorized access, use, or alteration of your transmissions or content; or (d) any errors or omissions in the Dataset, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.
9.2 In no event shall the Company's total liability to you for all claims arising from or relating to these Terms or your use of the Service exceed the amount paid by you to the Company for the Service during the twelve (12) month period immediately preceding the event giving rise to the claim.
10.Indemnification
10.1 You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including attorney's fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third party right, including without limitation any intellectual property right or privacy right; or (d) any claim resulting from your use or disclosure of Data.
11.Termination
11.1 The Company may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
11.2 Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
11.3 Upon termination or expiration of your Subscription:
(a) You must immediately cease all use of the Data;
(b) You must delete or destroy all copies of the Data in your possession or control;
(c) Upon request, you must certify in writing that you have complied with the above requirements.
12.Modifications to Terms
12.1 The Company reserves the right, at its sole discretion, to modify or replace these Terms at any time. The Company will provide notice of any material changes by posting the updated Terms on the Website and sending an email notification to the email address associated with your account.
12.2 Your continued use of the Service after any such changes constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop using the Service.
13.Governing Law and Dispute Resolution
13.1 These Terms shall be governed by and construed in accordance with the laws of New York, without regard to its conflict of law provisions.
13.2 Any dispute arising out of or relating to these Terms or the Service shall be resolved as follows:
(a) the parties agree to first attempt to resolve the dispute informally. If the parties are unable to resolve the dispute within thirty (30) days, the dispute shall be finally settled by binding arbitration administered by American Arbitration Association in accordance with its then-current Commercial Arbitration Rules.
13.3 The arbitration shall take place in New York, New York and shall be conducted in the English language. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
13.4 To the fullest extent permitted by law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.
14.Miscellaneous
14.1 Entire Agreement. These Terms constitute the entire agreement between you and the Company regarding the Service and supersede all prior agreements and understandings, whether written or oral.
14.2 Waiver. The Company's failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
14.3 Severability. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
14.4 Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without the Company's prior written consent. The Company may assign these Terms without restriction.
14.5 Force Majeure. The Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
14.6 No Third-Party Beneficiaries. These Terms do not create any third-party beneficiary rights.
14.7 Notices. Any notices or other communications provided by the Company under these Terms will be given by posting to the Website or by email to the email address associated with your account.
15.Contact Information
15.1 If you have any questions about these Terms, please contact us at terms@miccheck.media.
Last updated: Feb 9, 2025