Terms of Use

TERMS AND CONDITIONS FOR PANEL MEMBERSHIP, SURVEY PARTICIPATION, AND USE OF SERVICES

DEFINITIONS

• When used in these Terms, the following terms and expressions shall have the following meanings.

• “Active Panelist” refers to a Panel Member that has: (a) participated in a Survey, (b) another Research Program; or (c) other parts of the Service at least once over the last twelve (12) months; or (d) updated their profile or member information at least once in the last twelve (12) months.

• “Market Research Tracking Service” refe Audience rs to a Service accepted by a User that may track the online behavior of such Users, such as websites accessed by the User and online campaigns exposed to the User for market research purposes, including advertising tracking research.

• “Applicable Law” refers to applicable national and/or local laws and regulations.

• “Client” refers to Our clients to whom We provide services.

• “Content” refers to the information on Our Site, a Survey Site, a Panel Site, or a Partner Site.

• “Panel” refers to a group of individuals who have agreed to be invited to and participate in market research Surveys, other Research Programs, or other parts of the Services for market research.

• “Panel Member” refers to a member of a Panel.

• “Panel Owner” refers to the owner of a Panel and a Panel Site that You are a Panel Member of.

• “Panel Site” refers to a website where individuals can register to become Panel Members.

• “Partner” refers to one of Our partners, including Panel Owners and other partners.

• “Partner Site” refers to a website operated by one of our Partners.

• “Participant” refers to an individual who is not a Panel Member directed to a Survey, other Research Program, or other parts of the Services by one of Our Partners.

• “Personal Data” means any information relating to an identified or identifiable natural person (“Data Subject”); an identifiable natural person can be identified or traced, directly or indirectly, in particular by reference to an identifier either alone or when combined with other personal or identifying information. Personal Data can include information such as name, social security number, date, and place of birth, mother’s maiden name, biometric records, photographs, sound or video recording, and other information that is linked or linkable to an individual, such as medical, educational, financial, and employment information. (NOTE: Personal Data may also be referred to as Personally Identifiable Information or PII.)

• “Research Program” refers to research opportunities other than a Survey.

• “Restricted Content” refers to confidential and/or proprietary information, materials, products, and Content belonging to Us and/or a Panel Owner, a Survey Owner, a Client, a Partner, and/or a licensor.

• “Service” refers to the Service provided by Us that permits You, as a Panel Member or a Participant, to participate in (a) a Panel or a Survey, (b) other research programs, or (c) any other service provided by Us and used by You, such as a Market Research Tracking Service.

• “Submissions” refers to all comments, feedback, suggestions, ideas, and other information that You submit or We collect when You participate in a Panel, respond to a Survey or other Research Program or use a Service.

• “Survey Owner” refers to the owner of a Survey, which typically is a Client.

• “Survey Site” refers to the website where You respond to and complete a Survey.

• “Surveys” refers to market research surveys made by Us to You.

• “Third Party Websites” refers to websites maintained and/or operated by third parties.

• “User” refers to You as an individual when You use the Service.

• “User Content” refers to all Content, materials, information, and comments You use, upload, post, or submit. We collect when You use the Service, including information from Ad Tracking Service, such as Internet usage pattern data.

APPLICABILITY; AGREEMENT

• These Terms and Conditions (from now on, the “Terms”) apply in addition to any agreement with the Panel Owner of the Panel of which you are a Panel Member, as well as any specific terms, which may apply for a Survey, other Research Program, or other Service. These Terms shall not apply to the extent they conflict with the terms of an agreement between You and a Panel Owner or with specific terms provided by the Panel Owner or Client as a condition for Your participation in a Survey or other Research Program, provided, however, that such additional terms shall not reduce Our rights or increase Our liability specified in these Terms.

• Please do not participate in the Survey if you do not agree to or do not have the proper legal authority to enter into these Terms or any part hereof.

INTRODUCTION

• The purpose of these Terms is to set out the general terms and conditions for Your use of the Services, including Your participation in Surveys, Panel, or other Research Programs.
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• We manage the relationship between a Survey Owner and a Panel Owner and act on behalf of a Panel Owner. We are also the platform supplier, providing opportunities for Panel Members to participate in Surveys and other Research Programs and use other services.

• In addition to the above, we may also manage incentives. Details regarding such incentive schemes can be found in these Terms.

PANEL MEMBERSHIP ELIGIBILITY

• 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. The requirements for Panel membership may vary by specific Panel and are determined by a Panel Owner. By agreeing to become a Panel Member, You receive invitations to participate in Surveys, Research Programs, or other Services, both from the Panel Owner you have applied to Panel membership for and from other Panel Owners. You may unsubscribe from Panel membership anytime; please see Section 12, “Opt-Out Policy” below.

• We only allow one Panel Member per unique email address within each Panel.

PANEL REGISTRATION

• To become a Panel Member, You must register with a Panel Site and provide certain information about yourself. The information You provide must be accurate, 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. We have reason to suspect that the information You have provided is not accurate, correct, and complete.

• Panel membership is personal and may only be used by the individual who registers for membership with a Panel. You are responsible for keeping any user information and password confidential, and You are responsible for any use of your membership account, whether authorized or unauthorized.

CONDITIONS FOR PARTICIPATION IN A SURVEY, OTHER RESEARCH PROGRAM, OR OTHER SERVICES

• When You participate in a Survey, other Research Program, or other Service and use Our Site, a Survey Site, or a Panel Site, You are obligated to comply with these Terms, as well as any additional terms and conditions that apply to Your participation, including any agreement between You and a Panel Owner or words used by a Client or a Partner.

• By participating in a Survey, other Research Program, or other Service, You agree to provide accurate, correct, and complete information about yourself. Provide information, or We have reason to suspect that the information you provided is not valid, right, and done. You may not qualify for a Survey, other Research Program, or other Service and consequently will not receive any incentives for Your participation. Furthermore, a Panel Owner may terminate Your membership with the result that You will not be able to participate in any more Surveys or other Research Programs.

• You are responsible for actions and communications undertaken or transmitted from Your account.

USE OF THE SERVICES

• Participation in a Survey, other Research Service, or use of other Services 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.

• We may refuse to provide the Services to anyone at Our discretion.

• You acknowledge that You are accessing, using, and participating in the Services in the capacity of an independent contractor. No agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created by these Terms.

UNAUTHORIZED USE

You agree not to:

• Disrupt, interfere with the security of, or otherwise abuse the Service or Our Site, a Survey Site, a Panel Site, a 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;
• 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 different ways to manipulate the result of a Survey;
• Take any action to interfere with Our Site, a Survey Site, a Panel Site, a Partner Site, or an individual’s use of such sites, including, but not limited to, overloading or “crashing” a website;
• 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;
• Collect any Personal Data of other Users of the Services;
• Send unsolicited emails, such as promotions and advertisements for products or services;
• Open, use, or maintain more than one (1) membership account with a Panel;
• use or attempt to use another User’s account without authorization or create an account with a false identity;
• Attempt to obtain unauthorized access to Our Site, a Survey, a Survey Site, a Panel Site, a Partner Site or parts of a Survey, Our Site, a Survey Site, a Panel Site, or a Partner Site that are restricted from general access;
• Forge or mask Your true identity;
• Frame a portion(s) of Our Site, a Survey Site, a Panel Site, or a Partner Site and display it on another website or media or alter the appearance of any Survey Site, Panel Site, or Partner Site;
• Establish links from a website to Our Site, a Survey Site, a Panel Site, or a Partner Site or the Services without Our prior written consent;
• Post or transmit any threatening, libelous, defamatory, obscene, pornographic, lewd, scandalous, or inflammatory material or Content;
• Use any foul, abusive, or obscene language on Our Site, in a Survey or on a Survey Site, a Panel Site, or a Partner Site;
• 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, concerning 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;
• 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 regulations, except as expressly permitted by Applicable Law;
• Engage in any criminal or illegal act(s) which may be linked to Our Site, a Survey or a Survey Site, a Panel Site, or a Partner Site;
• Use Restricted Content in violation or breach of these Terms; or
• Encourage and 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.

RESTRICTED CONTENT

• 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 on Our site, a Survey Site, a Panel Site or a 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 Panel Owner, a Partner, or other third parties who are the respective owner of, or controls, such Restricted Content.

• 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 if any unauthorized use of the Restricted Content is traced back to You. You are now 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.

• You may only participate in a Survey, other Research Program, or other Service and use Our Site, a Survey Site, a Panel Site, or a Partner Site in a manner that does not infringe on Our or a third party’s intellectual property rights.

USER CONTENT

• You are responsible for all User Content. You are also accountable for obtaining, where relevant, third-party approvals, consents, and authorizations for Your and Our use of Your User Content. User content may be considered personal data, including photographs, sound, or video recordings. 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, Panel Owners, 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 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.

• 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 at this moment grant to Us a perpetual, irrevocable, unlimited, transferrable, sub-licensable, worldwide, 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 discretion. You will not receive compensation for Your User Content or Our use of it except where expressly agreed.

• You are solely responsible for ensuring 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 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 (a) violate these Terms; (b) violate intellectual property rights; or (c) be abusive, defamatory, obscene, or otherwise unacceptable.

POLICY ON REWARDS-BASED INCENTIVE PROGRAMS

• Suppose you respond to and complete a Survey or participate in another Research Program or other Service. In that case, you may earn rewards, which can be redeemed for various cash rewards in Our incentive program. You do not have to purchase anything to receive tips. The rewards You have earned are personal, and You cannot transfer them to anybody else. Your rewards will be valid and redeemable for twenty-four (24) months after your account becomes inactive. We may revoke any rewards or incentives not redeemed by You.

• At the beginning of a Survey, other Research Program, or other Service, you will receive information about the number of rewards you may earn. We do not accept to be liable or responsible in any manner for tax consequences or duties that may occur as a result of rewards or incentives issued or redeemed. If You breach the Terms, You may lose all the tips or incentives you have earned. We do not accept any liability to You about the rewards You have made.

PROFILE UPDATES

• Panel Members agree to keep their membership profiles updated. A Panel Member may update, correct, and delete information contained in their membership profiles by (a) accessing their Panel membership account or (b) sending an email to the appropriate Panel Member services team for the relevant Panel.

OPT-OUT POLICY

• Panel Members may opt-out from using any or all Services (including, without limitation, from receiving Survey invitations, newsletters, or communications) at any time by (a) following the unsubscribe procedures described on the relevant Panel Site or related sites or contained in an email received from Us; or (b) by sending an email to Our Panel Member services team here.

• As required by law or regulation, we shall use reasonable efforts to respond to each email request within a reasonable period after receipt. Upon termination of Services, 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 that were created or compiled before your opt-out.

LINKS

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 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.

 

COMMUNICATIONS WITH US

• 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 before, or contemporaneously with, Your submission of or permission to Us to collect such communications and User Content. You agree that we may use any communications and User Content at Our discretion.

• When applying for Panel membership, using a Service, or otherwise communicating with Us or a Panel Owner, Personal Data about You may be processed. For information about Vividr LLC privacy practices and processing of Your Personal Data, please review the Research Participant Privacy Notice here.

DISCLAIMER

• You expressly agree that Your participation in a Survey or other Research Program and use of the Service and browsing of Our site, a Survey Site, a Panel Site, or a Partner Site is at Your sole risk and responsibility. To the fullest extent permitted by law, We, Our Clients, Survey Owners, Panel 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, a Panel Site, or a Partner Site will be uninterrupted or error-free. To the fullest extent permitted by law, We, Our Clients, Survey Owners, Panel 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.

LIMITATION OF LIABILITY

• To the extent permitted by applicable law, we, survey owners, panel owners or partners, third parties, 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 injuries.

• 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 another tort, and shall survive a fundamental breach or breaches or the failure of the essential purpose of the contract or the loss of an exclusive remedy.

INDEMNIFICATION

• You agree to fully and effectively indemnify, defend, and hold Us, Survey Owners, Panel Owners, Partners, and other related third parties, including directors, officers, shareholders, employees, representatives, contractors, affiliates, successors, or assignees, harmless from and against any 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.

 

CHANGES

• In Our sole discretion, we reserve the right to make changes to these Terms. We encourage you to review these Terms on an ongoing basis. We will obtain your consent before changes of such nature that support is needed or required. For modifications that do not require approval, your continued use of, access to, and/or participation in the Services does and will constitute your acceptance of these Terms as amended.

COMPLIANCE WITH APPLICABLE LAW

• 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.

SUSPENSION, TERMINATION, AND DEACTIVATION

• In addition to any other available remedies, we may, without notice, suspend and terminate Your use of and access to the Service, or Your membership with a Panel, if You are in breach of these Terms or if You unlawfully use the Service or otherwise act in a way that is, at Our sole discretion, unacceptable to Us, a Survey Owner, Panel Owner, or a Partner. If We terminate Your right to use the Service and if Your Panel membership is terminated: (a) You forfeit all rights, title, and interest in and to all unredeemed rewards, incentives, and/or prizes, effective upon termination; (b) Your Panel membership will immediately be canceled; (c) Your access to and use of the Service will immediately cease; and (d) You will not be allowed to participate in any future Surveys offered through the Service.

• Furthermore, we reserve the right to de-activate Your Panel membership account: (a) if You are no longer an Active Panelist; (b) if We receive a hard bounce or delivery failure notice in Our email communication with Your email account; or (c) if We receive a “mailbox full” reply notice three (3) times in Our email communication to Your email account.

• In the event of a deactivation, termination by you, or termination by Us, You forfeit any incentives you have earned.

SEVERABILITY AND ASSIGNMENT

• If, for any reason whatsoever, any term or provision of these Terms is deemed to be void or unenforceable, such term or condition shall be deemed to be severable from the remainder of these Terms, and the rest of these Terms shall be construed and interpreted without reference to the unenforceable term.