Survey Harbor Terms and Conditions for Membership, Survey Participation and Use of Services
Effective Date: 03 March 2017
Last Revised: 02 August 2019
1. The following terms, as used herein, shall have the following meanings:
“Applicable Laws and Codes” refers all applicable international, national, federal, state and/or local
laws, rules, regulations, requirements, statutes, codes, decisions and opinions, including but not
limited to the European Union Data Directive (95/46/EC), the EU-GDPR, the German Federal Data
Protection Act, U.S. Health Insurance Portability and Accountability Act of 1996, the United States
CAN-SPAM Act, the Gramm-Leach-Bliley Act, the Children’s On-Line Privacy Protection Act, the ethical
codes of the Insights Association (www.insightsassociation.org) and ESOMAR (www.esomar.org), and
any amendments thereto.
“Survey Supply Partner” refers to the market research company compliant with all applicable laws and codes which Survey Harbor runs partnerships with in order to provide its Panelists with online survey opportunities. The connections between Survey Harbor and Supply Partner is established through the API provided by each such Partner.
“Survey Supply Partner API” refers to the application programming interface, which permits programmatic access and data exchange between Survey Harbor and Supply Partner.
“Force Majeure Event” refers to an event or circumstance beyond a party’s reasonable control,
including, restrictions in the use of power or interruption in the supply of power and/or other failure
by any third party to perform its obligations, riots, war, general mobilization or unforeseen military
mobilizations or acts or decisions of governments or authorities to a similar extent, fires, explosions,
floods, wars, embargoes, quarantines, contractual breaches of suppliers, labor strikes and disputes
or acts of any governmental authority binding on a Party.
“Survey Harbor Points or Points” refers to tokens used by the Platform as incentives.
“Incentive or Incentives” refers to different methods (e.g. Survey Harbor Points which may be exchanged to goods, services or even money) to incentivize Panelists to participate in Surveys.
“Incentive Fee” refers to an optional incentive fee that may be assessed. The Incentive Fee is a
percentage of the Incentive or a fixed amount that would be deducted from the amount to be paid out to the Panelist.
“Panel(s)” refers to a collection of individuals who are part of a Panel who have agreed to be invited
to and participate in Surveys or Other Research Programs.
“Panelist(s)” refers to individuals who are part of a Panel and have agreed to be invited to and
participate in Surveys or Other Research Programs.
“Personal Data” (sometimes referred to as Personally Identifiable Information or PII) refers to any
information relating to an identified or identifiable natural person (i.e., a private individual as
opposed to a corporate or other comparable entity). An identifiable person is someone who can be
identified directly or indirectly, in particular by reference to an identification number or the person’s
physical, physiological, mental, economic, cultural or social characteristics.
“Sensitive Personal Data” refers to Personal Data that, if disclosed, could result in harm to a person.
Such data includes: (a) the racial or ethnic origin of a data subject; (b) his/her political opinions; (c)
his/her religious beliefs or other beliefs of a similar nature; (d) whether he/she is a member of a trade
or labor union; (e) his/her physical or mental health or condition; (f) his/her sexual life; (g) the
commission or alleged commission by him/her of any crime of offense; or (h) any proceedings for any
crime or offense committed or alleged to have been committed by him/her; or the disposal of such
proceedings or the sentence of any court in such proceedings.
“Receiving Party” refers to the party receiving confidential information.
“Security Breach” refers to unauthorized access of the Survey Harbor System or any associated data, including Personal Data.
“Survey” refers to a Survey and any related materials.
“Third Party Cookie or Third Party Cookies” refers to cookies placed by a third party.
2. Other terms used in these Terms are defined by the context in which they are used and shall have the meaning there indicated.
1. Survey Harbor is a technological startup in the market research industry, initially developed and launched in 2017 by the international team, for the following purposes:
a) Being the middleman (agent) between the large market research companies holding the studies and the community of consumers willing to take part in such studies;
b) Conducting market research studies for its own purposes and in its own name.
2. Survey Harbor is functioning through the official website available in multiple languages – https://surveyharbor.com/
3. The purpose of these Terms is to set out the general terms and conditions for Your use of the Services, including Your membership, participation in Surveys or other Research Programs, incentives and rewards management.
1. Panel membership is generally open to individuals who satisfy the requirements for membership, including, but not limited to, minimum age requirements and geographic location requirements.
2. In order to become a Member, You must register with a Panel and provide certain information about Yourself. The information You provide must be true, correct and complete. We reserve the right to restrict or prohibit Your access to the Service or participation in a Survey or other Research Program if You provide information, or We have reason to suspect that the information You have provided is not true, correct and complete.
3. A membership is personal and may only be used by the individual who registers for membership at Our Website. You are responsible for keeping any user information and password confidential and You are responsible for any use, whether authorized or unauthorized, of Your membership account, for actions and communications undertaken or transmitted from Your account.
4. The list of countries whose residents are welcome to join is presented at the registration page of the Website. The list tends to include new states from time to time, so You can check it once in a while in case Your country is not on the list at the moment.
5. The Panelist has to choose the country where one lives in fact, so this should be a state of permanent residency, not necessarily citizenship.
6. If the Panelist frequently moves (travels) and spends more than 3 months a year in different countries (for example 4 months in Mexico and 8 months in the U.S.), the one may create accounts for each such country.
Note though that you need to use different emails for each such account and you are not allowed to use all accounts at the same time, i.e. you may take Surveys for the account created in the country you are currently located at. When you move to another state, start using another account at Survey Harbor until your return.
7. Minors are not allowed to join the Project. The person needs to be at least 18 y.o. at the time of signing-up.
IV. Use of the Services
1. Participation in a Survey, other Research Service or use of other Service is voluntary. The Services are for personal and non-commercial use and We reserve the right to change, modify, restrict or block access to, all or any part of the Services, without prior notice.
2. We may at any time refuse to provide the Services to anyone at Our own discretion.
3. 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 these Terms.
V. Panelist Profiling
1. The Panelist’s profiling section serves the needs of ensuring the high effectiveness of the survey-matching and the data collected through the Profile forms by the Platform is entirely used for achieving this task.
2. Filling out panelist’s profile information is voluntary and the one still may use the Platform and qualify for the surveys even without providing one’s profiling information. Nevertheless, it significantly reduces the amount of Survey invitations as well as the rate of successful Survey completions compared to the average rate Panelists with the Profile fully filled out may count on.
3. The Platform credits the Panelist with the fixed amount of Points in case of 100% profile completion as the expression of gratitude for the time spent by the Panelist to fill the Profile out and one’s effort to become an active member of the community.
4. Though the data stored by Survey Harbor is highly secured, the Platform does not encourage its Panelists to disclose data that they do not want to share and does not link such data disclosure to the condition of obtaining the incentives amount granted for filling the profile out to 100%. The questions containing personally sensitive data always have the option like “I do not want to answer”, and if the Panelist chooses such an option, the one is considered to answer the profile question appropriately.
5. The Panelist undertakes the responsibility to revise one’s profiling information at least once a year and make changes to it reflecting one’s current status and other characteristics to the extent covered by the profiling structure at the Platform.
VI. Taking the surveys
1. The System checks new survey opportunities each time the Panelist logs into Personal Account. Also we send out email invitations. These two notification channels duplicate each other partly but not entirely. The common rule is that if you want to be aware of absolutely all survey opportunities, you need to check it on the website on a daily basis.
2. Survey Harbor tries its best to offer each Panelist the surveys that are most suitable according to the Panelist’s profile, the ones that the Panelist has the highest chance to successfully complete.
3. Nevertheless, Survey Harbor does not guarantee that 100% of the Survey invitations will be available to complete even if the Panelist participates appropriately. This may happen for several reasons (but not limited to):
a) The respondent quota for the socio-demographic group which the Panelist belongs to has been reached;
b) The Panelist has been screened-out due to the survey targeting mismatch when filling out qualifying question in the very beginning of the survey;
c) Any of the research pools we run partnerships with is not permitted to access Panelists’ profiling information even in the aggregated form or it is technically impossible;
d) The Survey Project has been already closed;
e) The Panelist’s device fails survey compatibility requirements;
f) The Panelist uses browser add-ons, plugins or any other software, that block the session cookies storage or in any way mislead the System about his real IP-address, device, etc.
4. As we value the time each of our Panelists spends while taking the surveys, we credit the Panelist’s account with a small reimbursement even in case the Panelist hasn’t managed to finish the survey successfully.
5. The reimbursement amount is credited in case the both conditions are true:
a) The survey is actually available by the time the Panelist starts it;
b) The Panelist matches the initial target group for the survey.
6. Either via emails or in one’s Survey Harbor account on the website, the Panelist may see the basic information about the survey available to take. This includes but is not limited to: survey length in minutes, incentive, survey id.
a) The length of interview is approximate as it is impossible to predict the exact timing, taking into account each person needs different amount of time to fill out the survey form. Though we are trying to show it as accurate as possible based on the aggregated stats from the similar studies.
b) The incentive amount is accurate when showed in Survey Harbor points, i.e. you will be credited the exact amount to your wallet on the website in case of survey completion. If you see the incentive amount in some “real” currency, this indicates the approximate value you get when converting the points into real money in your Personal Account. The exchange rate is placed on the “Get rewards” page of Personal account. We are trying to follow the markets when it deals with currency exchange rates to keep it fair and stable.
c) As Survey Harbor strives to provide its Panelists with all the survey opportunities available for each panelist at a certain period of time, the routing may take place after the Panelist is done with the Survey one has been initially invited to, no matter if it resulted in successful Survey complete or not. Therefore, any Survey information like the length of interview, Survey Project ID, incentive amount, etc. may differ from what the Panelist sees in the invitation email and/or one’s personal account as the routing process may offer the Panelist another Survey opportunity with absolutely different parameters.
7. By participating in a Survey, other Research Program or other Service, You agree to provide true, correct and complete information about Yourself.
VII. Redeeming the Rewards
1. If You respond to and successfully complete a Survey, participate in another Research Program or other Service, You may earn points, which can redeemed for cash in Our incentive program. You do not have to purchase anything in order to receive points. The points You have earned are personal and You cannot transfer them to anybody else.
2. There are few means of payout available for each country and the list may vary depending on the state chosen during registration procedures.
3. The detailed information for each payment method such as minimum Points amount and the currency the transfer will be made in is presented in the description area of each payment method.
4. As soon as the Panelist confirms payout request via one’s email, the request starts awaiting procession. If the Panelist fails to confirm one’s payment request within 24 hours, it will be deleted and the Points will be returned to the Panelist so one can order the payout again.
5. Once the payment request is confirmed by the Panelist, it takes up to 30 days to process the payment. You are notified via email when the payment request status changes immediately by the System.
6. We do not accept to be liable or responsible in any manner for tax consequences or duties that may occur as a result of points or incentives issued or redeemed. If You breach the Terms You may lose all the points or incentives which You have earned. We do not accept any liability to You in relation to the points You have earned.
VIII. Affiliate Program
1. Affiliate program is available to any Panelist and the participation does not require a prior approval by Us.
2. All new Panelists start with the same referral income percent. The referral income percent is flexible and may be changed at our sole discretion depending on the Affiliate’s performance.
3. You as an affiliate undertake the obligation to share valid and faithful information about Our Project, potential income, terms of participation, etc.
4. We provide You with the referral link and a few sets of creatives that can be found in the Personal Account area. Should You use Your own unique creatives, contact Us first and make sure We find such creatives to be appropriate.
5. We have zero tolerance towards SPAM. We reserve the right to set Your referral income percent to 0% or terminate the Account in case You are using forbidden methods of sending traffic or in any case cause damage to Our reputation.
IX. Unauthorized Use
1. You agree NOT to:
a) disrupt, interfere with the security of or otherwise abuse the Service or Our Site, a Survey Site, a Survey Supply Partner Site, or any services, system resources, accounts, servers or networks connected to or accessible through a Survey or a Survey Site or affiliated or linked sites;
b) 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 Service, or in other ways manipulate the result of a Survey;
c) take any action to interfere with Our Site, a Survey Site, or a Survey Supply Partner Site or an individual’s use of such sites, including, but not limited to, overloading, or “crashing” a website;
d) send or transmit any viruses, corrupted data, or any other harmful, disruptive, or destructive code, file, or information, including, but not limited to, spyware, malware and trojans;
e) collect any Personal Data of other Users of the Services;
f) send unsolicited emails, such as promotions and advertisements for products or services;
g) open, use, or maintain more than one (1) membership account with the same Panel, i.e. to run multiple accounts at Survey Harbor for the same country and subsequent language choice;
h) use or attempt to use another User’s account, without authorization, or create an account with a false identity;
i) attempt to obtain unauthorized access to Our Site, a Survey, a Survey Site, a Survey Supply Partner Site or parts of a Survey, Our Site, a Survey Site or a Survey Supply Partner Site that are restricted from general access;
j) forge or mask Your true identity;
k) frame a portion(s) of Our Site, a Survey Site or a Survey Supply Partner Site and display it on another website or media or alter the appearance of any Survey Site or Survey Supply Partner Site;
l) post or transmit any threatening, libelous, defamatory, obscene, pornographic, lewd, scandalous, or inflammatory material or content;
m) use any foul, abusive or obscene language on Our Site, in a Survey or on a Survey Site, a Survey Supply Partner Site;
n) engage in any fraudulent activity, including, but not limited to, speeding through Surveys, taking the same Survey more than once, submitting false information during the registration process, submitting false or untrue Survey data, redeeming or attempting to redeem incentives through false or fraudulent means, tampering with Surveys and, with respect to the use of the Ad Tracking Service, accessing websites or online campaigns with the sole intention to provide a misrepresentative impression of Your online behavior;
o) reverse engineer any aspect of a Service or take any acts that might reveal or disclose the source code, or bypass or circumvent measures or controls utilized to prohibit, restrict or limit access to any webpage, content or codes, except as expressly permitted by Applicable Law;
p) engage in any criminal or illegal act(s) which may be linked to Our Site, a Survey or a Survey Site, a Survey Supply Partner Site;
q) use Restricted Content in violation or breach of these Terms; or
r) encourage and/or advise any individual, including, but not limited to, Panel Members, Participants or any of Our employees, to commit an act in conflict with the Terms.
X. Restricted Content
1. Unless otherwise noted, all materials, including, without limitation, all concepts, text, designs, graphics, drawings, photographs, video clips, music and sounds, and all trademarks, service marks and trade names used in a Survey, other Research Program or other Service and/or on Our site, a Survey Site or a Survey Supply Partner Site and the selection and arrangements thereof, are subject to intellectual property rights, including but not limited to copyrights, trademarks and patents or the right to apply for their registration anywhere in the world, held by or licensed by Us, a Survey Owner, a Survey Supply Partner, or other third parties who are the respective owner of, or controls, such Restricted Content.
2. When You use a Service or participate in a Survey, other Research Program or other Service, You may be exposed to Restricted Content. You are not granted any rights to the Restricted Content and all intellectual property rights are expressly reserved. No license to use, reveal, download, copy, distribute, or reproduce (including but not limited to posting to any website, social media or blog) the Restricted Content or the subject matter of the Restricted Content is granted to You. Please be advised that legal action may be taken in the event any unauthorized use of the Restricted Content is traced back to You. You are hereby informed and acknowledge that We will fully cooperate with all third party requests for disclosures (including but not limited to the disclosure of Your identity) related to claims that You have used Restricted Content in violation of these Terms which We deem are legitimate.
3. You may only participate in a Survey, other Research Program, other Service and/or use Our Site, a Survey Site or a Survey Supply Partner Site in a manner that does not infringe on Our, or a third party’s, intellectual property rights.
4. Obviously, You ARE allowed to use and publish on Your and other websites any materials related to Our affiliate program according to its rules.
XI. User Content
1. You are responsible for all User Content. You are also responsible to obtain, where relevant, third party’s approvals, consents, and/or authorizations for Your and Our use of Your User Content. User Content, including photographs, sound or video recordings may be considered to be Personal Data. Your User Content may become publicly available and shared with third parties including, but not limited to, Our Clients, clients of Our Clients, Survey Owners, Survey Supply Partners and third party service providers. You shall ensure that User Content does not contain copyrighted or trademarked content or material of any third party, including audio, video, images, or the likeness of anyone other than You, unless You have procured the approvals, consents and/or authorizations from such third parties required for Your and Our use of such User Content. You will not receive compensation for Our, Our Partners’ or Our Clients’ use of any User Content.
2. By using, uploading, posting, submitting or permitting Us to collect (such permission deemed granted upon Your consent with these Terms and use of the relevant Service) User Content in connection with the Services, You hereby grant to Us a perpetual, irrevocable, unlimited, transferrable, sub-licensable, world-wide, royalty free, right and license to edit, copy, transmit, publish, display, create derivative works of, reproduce, modify, distribute, and otherwise use Your User Content at Our own discretion. You will not receive any compensation for Your User Content or Our use of it, except where expressly agreed.
3. You are solely responsible to ensure that Your User Content, and Our use of it according to these Terms, will not infringe any third parties’ intellectual property rights. We do not and cannot review all User Content and We accept no liability whatsoever for Your User Content. We have the right, but not an obligation, to delete, remove, or edit Your User Content, which We, at Our sole discretion, deem to: (i) violate these Terms; (ii) violate intellectual property rights; or (iii) be abusive, defamatory, obscene, or otherwise unacceptable.
XII. Account Inactivity, De-Activation, Cancellation and Termination
1. In case You are no longer interested in receiving any emails from us, You are only one click away to unsubscribe. Note that clicking ‘de-activation link’ will de-activate the account, i.e. the account will be ‘sleeping’ in the System. You will not get any Survey invitations from us but Your data will be still stored on our servers.
2. Your Account is also de-activated automatically when you have not logged into Account for 3 months.
3. Furthermore, We reserve the right to de-activate Your Panel membership account: (i) if We receive a hard bounce or delivery failure notice in Our email communication with Your email account; or (ii) if We receive a “mailbox full” reply notice three (3) times in Our email communication to Your email account.
4. When You log into Account after de-activation, we consider Your previous intention to de-activate Account to be waved, so it will be automatically re-activated.
5. You also can totally cancel the participation and delete all information associated with Your account in the System. This procedure can be started in the Personal Account area on the website.
6. Your account can also be cancelled automatically when You have not showed any activity for 6 months.
7. In addition to any and all other available remedies, We may, without notice, suspend and/or terminate Your use of and access to the Service, or Your membership with a Panel, if You are in breach of these Terms or in the event that You use the Service in an unlawful manner or otherwise act in a manner that is, at Our sole discretion, unacceptable to Us, a Survey Owner, or a Survey Supply Partner. If We terminate Your right to use the Service and/or if Your Panel membership is terminated: (i) You forfeit all rights, title, and interest in and/or to all unredeemed rewards, incentives, and/or prizes, effective upon termination; (ii) Your Panel membership will immediately be canceled; (iii) Your access to and use of the Service will immediately cease; and (iv) You will not be allowed to participate in any future Surveys offered through the Service.
8. In the event of the Panelist Account cancellation by You, or termination by Us, You forfeit any incentives that You have earned.
1. In connection with Your use of the Service, You may be able to link or connect to a Third Party Website. Please note that We do not endorse any Third Party Website or products, services, and/or opportunities advertised, offered, through or in connection with such Third Party Website. Please review all policies and terms applicable to such Third Party Websites carefully.
XIV. Communications with Us
1. Should you have any questions regarding these Terms or anything else related to Us, feel free to contact us using official feedback form here.
2. All communications (excluding Personal Data) and User Content submitted or transmitted by You to Us, by electronic mail or otherwise, or otherwise collected by Us, will be treated as non-confidential and non-proprietary information of Yours, unless You specifically indicate otherwise either prior to, or contemporaneously with, Your submission of or permission to Us to collect such communications and User Content. You agree that any such communications and User Content may be used by Us at Our own discretion.
3. We shall use reasonable efforts, as required by law or regulation, to respond to each email request within a reasonable period of time after receipt. Upon termination of Services due to account cancellation by the Panelist, a Panel Member’s contact information will be removed from all communication or contact lists relating to the terminated Service(s). Please note that it may take a few days to complete the removal and during such time, You may receive messages from Us which were created or compiled prior to Your opt-out.
4. We do not accept to be liable or responsible in case Our emails do not reach Your mailbox due to Your previous marking Our or similar emails as “Spam” or using additional software/firewalls or spam protection that accidently blocks Our replies.
1. When applying for membership, using a Service or otherwise communicating with Us, Personal Data pertaining to You may be processed. For information about Our privacy practices and the processing of Your Personal Data, please review the Research Participant Privacy Notice here.
1. You expressly agree that Your participation in a Survey, other Research Program and use of the Service and browsing of Our site, a Survey Site or a Survey Supply Partner Site is at Your sole risk and responsibility. To the fullest extent permitted by law, We, Our Clients, Survey Owners, Partners, or other third parties, and Our and their respective directors, officers, employees, representatives, agents, third-party content providers and licensors, do not make any warranties, express, implied or statutory, including those of merchantability, fitness for a particular purpose, that participation in a Survey or the use of the Service, Our site, a Survey Site or a Partner Site will be uninterrupted or error free. To the fullest extent permitted by law, We, Our Clients, Survey Owners, Partners, or other third parties, and Our and their respective directors, officers, employees, representatives, agents, third-party content providers and licensors, do not make any warranties, express, implied or statutory, including those of merchantability, fitness for a particular purpose, to the accuracy, reliability, or content of any information, or services provided through a Survey or Our site, a Survey Site, a Panel Site, or a Partner Site, other than as expressly set out in these Terms.
XVII. Limitation of Liability
1. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE, SURVEY OWNERS OR PARTNERS, THIRD PARTIES, OR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, SUCCESSORS OR ASSIGNEES SHALL NOT BE LIABLE TO YOU IN ANY RESPECT, INCLUDING WITHOUT LIMITATION, FOR ANY MATTER RELATED TO THESE TERMS, THE SERVICE, OUR SITE, A SURVEY, A PANEL SITE, A PARTNER SITE OR FOR ANY SUBMISSIONS YOU MAKE, OR FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, RELIANCE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, LOSS OF EXPECTED SAVINGS, OR ANY OTHER NON-DIRECT DAMAGES, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF SUCH DAMAGES.
2. The limitation of liability and the disclaimer in these Terms shall apply regardless of the form of action, whether in contract, warranty, delict, quasi-delict, strict liability, negligence or other tort and shall survive a fundamental breach or breaches or the failure of the essential purpose of contract or the failure of an exclusive remedy.
1. You agree to fully and effectively indemnify, defend, and hold Us, Survey Owners and Partners, and other related third parties, including directors, officers, shareholders, employees, representatives, contractors, affiliates, successors or assignees, harmless from and against any and all damages, expenses, liabilities and losses of any kind, including legal fees, arising, whether directly or indirectly, from any breach caused by You of the Terms.
1. We hereby reserve the right, in Our sole discretion, to make changes to these Terms. We encourage you to review these Terms on an ongoing basis. We will obtain your consent prior to changes that are of such nature that consent is needed or required. For changes that do not require consent, your continued use of, access to and/or participation in the Services does and will constitute your acceptance of these Terms as amended.
XX. Compliance with Applicable Law
1. You acknowledge and agree that You shall at all times comply with Applicable Law when You respond to a Survey, participate in another Research Program or otherwise use the Service.
XXI. Severability and Assignment
1. If, for any reason whatsoever, any term or provision of these Terms is deemed to be void or unenforceable, such term or provision shall be deemed to be severable from the remainder of these Terms, and the remainder of these Terms shall be construed and interpreted without reference to the unenforceable term.
2. You may not assign these Terms without Our prior written consent, which may be withheld at Our sole discretion. You agree that We may assign these Terms at any time to anyone.
XXII. Governing Law, Jurisdiction and Legal Venue
1. Any disputes arising out of or in connection with these Terms, including any questions regarding its existence, validity or termination, shall be referred to Stockholm county court (Sw. Stockholms tingsrätt) and governed by and construed in accordance with the laws of Sweden, without regard to any choice of law principles (whether those of Sweden or any other jurisdiction) that might provide for an application of a different jurisdiction’s laws.
2. English is the main language of the Terms. In case there’re any contradictions among the English version of the Terms and its translations, the English one should be considered to be foreground.