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Terms and conditions regarding panel membership, participation to surveys and use of services

Effective Date: May 20th, 2018
Last Revised: May 20th, 2018

Definitions

When used below, the following terms and expressions shall have the following meanings:

Active panelist” refers to a panel member that:
(a) has participated in a survey;
(b) has participated in other research program;
(c) has participated in other parts of the service, at least, once over the last twelve (12) months; or
(d) has updated any information in his/her profile at least once in the last twelve (12) months.

Market research tracking service” refers to a service accepted by a user that may track online behavior of such user, 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 published on our site, our panel site, a survey 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 the member of a panel.

Panel site” refers to a website where individuals can register to become panel members and/or can log in to their already existing account.

Partner” refers to one of our partners.

Partner site” refers to a website that is operated by one of our partners.

Participant” refers to an individual who is not a member of a panel, and who is directed to a survey, to other research program or to 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 is one who can be identified, directly or indirectly, in particular by reference to an identifier either alone or combined with other personal or identifying information. Personal data can include information such as name, social security number, date and place of birth, biometric records, photographs, sound or video recordings, and other information that is linked or linkable to an individual, such as medical data, educational, financial and employment information. (NOTE: Personal data may also be referred to as “Personally Identifiable Information” or “PII“.)

Points” refers to the incentives that you may earn as a member of a panel after successfully completing a survey, participating in another research program or other service. Points can take the form of money and be shown in different currencies.

Research program” refers to a research opportunity, other than a survey.

Restricted content” refers to confidential and/or proprietary information, as well as materials, products and content that belong to us and/or are owned by a survey owner, a client, a partner and/or a licensor.

Service” refers to the service provided by us that allows you, as a panel member or a participant:
(a) to participate in a panel or a survey;
(b) to participate in other research program; or
(c) to participate in 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, to other research program or when you 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.

Survey” refers to the market research surveys that we make available 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 that you use, upload, post or submit, or that we collect when you use the service, including information received through the Ad Tracking Service, such as Internet usage pattern data.

You“, “yourself“, “your” and “yours” refer to you as an individual and as a member of a panel.

We“, “us“, “our” and “BrainActive” refer to Red Orange Research S.R.L., a company registered in Romania at 33c Weiner Palada street, 077040 Chiajna, Ilfov county, having registration number J23/3870/2015 and VAT number RO35177820.

1. Applicability and agreement

These terms and conditions (hereinafter referred to as “terms“) apply in addition to any special terms which may apply for a survey, a research program or other service. These terms shall not apply to the extent they are in conflict with the special terms provided by the client as a condition for your participation in a survey or a research program, provided that such special terms shall not reduce our rights or increase our liability specified in these terms.

2. Introduction

The purpose of these terms is to set out the general terms and conditions for your use of our service, including your participation in a survey, a panel or in other research programs.

In addition to the above, we also manage the rewards that panel members may earn in exchange for their participation to surveys or to other research programs. Details regarding our rewarding system can be found in these terms.

3. Eligibility to become our panel member

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. By agreeing to become a panel member, you agree to receive invitations to participate in surveys, research programs or other services. You may cancel your panel membership at any time – for further details please see section 12 “Opt-out policy” below.

We only allow one panel member per each unique email address within a panel.

4. Registration to our panel

In order to become our panel member, you must register on our panel site 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 your participation in surveys or in other research programs if you provide false, incorrect and/or incomplete information, or we have reason to suspect that the information you have provided are false, incorrect and/or incomplete.

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

5. Conditions for participation to our surveys, to other research programs or to other services

Whenever you participate in our surveys, in other research programs or in other services, and/or whenever you use our site, our panel site or a survey site, you are obligated to comply with these terms, as well as any special terms requested by a client or a partner as a mandatory requirement to participate in a particular survey, research program or other service.

By participating in our surveys, research programs or in other services, you agree to provide true, correct and complete information about yourself. If you provide us with false, incorrect and/or incomplete information, or we have reason to suspect that the information you have provided is false, incorrect and/or incomplete, you may not qualify for our surveys, research programs or other services and, consequently, you will not receive any reward for your participation. Furthermore, we reserve the right to terminate your membership in our panel with the result that you will forfeit any rewards existing in your member’s account and 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 panel member account.

6. Use of the services

Your participation in our surveys, research programs or the 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 a prior notice.

We may at any time refuse to provide the services to anyone at our own discretion.

You agree that you are accessing, using and/or participating in the services in the capacity of an independent subcontractor, and these terms do not create any agency, partnership, joint-venture, employee-employer or franchisor-franchisee relationship.

7. Unauthorized use

By using our site, our panel site, a survey site, a partner site and/or by participating in our surveys, research programs or in other services:
(a) you agree not to disrupt, interfere with the security of or to abuse the service or our site, our panel site, a survey site, a partner site, or any services, system resources, accounts, servers or networks connected to a survey or accessible through a survey or a survey site or affiliated or linked sites;
(b) you agree not to 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) you agree not to take any action to interfere with our site, our panel site, a survey site or a partner site or an individual’s use of such sites, including, but not limited to, overloading, or “crashing” a website;
(d) you agree not to 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) you agree not to collect any personal data of other users of the services;
(f) you agree not to send unsolicited emails, such as, but not limited to, promotions and advertisements for products or services;
(g) you agree not to open, use, or maintain more than one (1) membership account in our panel;
(h) you agree not to use or attempt to use another user’s account without authorization or create an account with a false identity;
(i) you agree not to attempt to obtain unauthorized access to our site, our surveys, our panel site, a survey site, a partner site or parts of our surveys, our site, our panel site, a survey site or a partner site that are restricted from general access;
(j) you agree not to forge or mask your true identity;
(k) you agree not to frame or copy any portion of our site, our panel site, a survey site or a partner site and display it on another website or media, or alter the appearance of any survey site, of our panel site or a partner site;
(l) you agree not to establish links from a website to our site, our panel site, a survey site or a partner site or to the services, without our prior written consent;
(m) you agree not to post or transmit any threatening, libelous, defamatory, obscene, pornographic, lewd, scandalous or inflammatory material or content;
(n) you agree not to use any foul, abusive or obscene language on our site, in our surveys, on our panel site, on a survey site or on a partner site;
(o) you agree not to engage in any fraudulent activity, including, but not limited to, speeding through completing surveys, filling out the same survey more than once, submitting false information during the registration process, submitting false data while filling out a survey, redeeming or attempting to redeem rewards 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;
(p) you agree not to reverse engineer any aspect of a service or take any actions that might reveal 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;
(q) you agree not to engage in any criminal or illegal act(s) which may be linked to our site, our surveys, our panel site, a survey site or a partner site;
(r) you agree not to use restricted content in violation of these terms; or
(s) you agree not to 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 these terms.

8. 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, research program or other service and/or on our site, our panel site, a survey 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 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 note that legal action may be taken against you in the event any unauthorized use of the restricted content is discovered. You are therefore 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, other service and/or use our site, our panel site, a survey site, or a partner site in a manner that does not infringe on our or a third-party’s intellectual property rights.

9. User content

You are responsible for all user content. You are also responsible to obtain, where it is relevant, third-party’s approvals, consents, and/or authorizations for the use of your user content, whether it is us who use it or you. User content, including photographs, sound or video recordings, may be considered 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, partners and third-party service providers. You must ensure that user content does not include copyrighted or trademarked content, or material of any third-party, including audio, video, images, unless you have procured the approvals, consents and/or authorizations from such third-parties, required for the use of such user content, whether it is us the ones who use it or you. You will not receive compensation for the use of any user content, regardless of who uses it: us, our partners and/or our clients.

By using, uploading, posting, submitting or permitting us to collect (such permission is deemed granted based on your acceptance of these terms and use of the our service) user content in connection with the services, you hereby grant to us a perpetual, irrevocable, unlimited, transferrable, sub-licensable, world-wide, royalty free, with right and license to edit, copy, transmit, publish, display, reproduce, modify, distribute, and use your user content, at our own discretion. You will not receive any compensation for the user content, or for our use of the user content, except where that was expressly agreed.

You are responsible to ensure that your user content, as well as our use of your user content, according to these terms, will not infringe any third-parties’ intellectual property rights. We do not review and cannot review all user content and we accept no liability whatsoever for your user content. We have the right, but not the obligation, to delete, remove, or edit any user content, which, at our sole discretion:
(a) we deem to breach these terms;
(b) we deem to violate intellectual property rights; or
(c) we deem to be abusive, defamatory, obscene, or otherwise unacceptable.

10. Policy on points-based reward program

If you respond to and successfully complete a survey, participate in another research program or other service, you may earn points, which can be redeemed for various rewards or cash in our reward program. You do not have to purchase anything in order to receive points. The points you have earned are personal and you can not transfer them to anybody else. Your points will be valid and redeemable for a period of three (3) months after your account becomes inactive. Any points or rewards not redeemed by you may be revoked by us.

At the beginning of a survey, other research program or other service, you will receive information about the number of points that you may earn. We do not accept to be liable and/or we do not take any responsibility in any manner for tax consequences or obligations that may occur as a result of points or rewards issued or redeemed. Furthermore, we do not accept to be liable and/or we do not take any responsibility in any manner for any type of fees charged and/or applied to the rewards you redeem.

If you breach these terms you may lose all the points or rewards which you have earned. We do not accept any liability to you in relation to the points or rewards you have earned.

11. Profile updates

You agree to keep your panel membership profile updated. You may update, correct, and/or delete information contained in your membership profile by accessing your panel membership account.

12. Opt-out policy

You may opt-out from using any or all services (including, without limitation, you may opt-out from receiving survey invitations, newsletters or communications) at any time using any of the following ways:
(a) by following the unsubscribe procedures described on our site, our 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, replying to the emails we send you, or by using the contact details mentioned on the site where you login to your panel member’s account.

We shall use reasonable efforts to respond to each email as soon as possible after receiving it, however we can not make a commitment on a specific timeframe.

Upon termination of any service, the contact information of the panel member who opted-out will be removed from all communication or contact lists relating to the terminated service. In such situation, please note that it may take a few days to complete the removal of your contact information and during this time you may receive messages from us which were created or compiled prior to your opt-out.

13. Links

When you use the service, you may be able to link or connect to a third-party website. Please note that we do not recommend any third-party website, as well as products, services and/or opportunities promoted, offered, through or in connection with such third-party website. Please review all policies and terms applicable to such third-party websites carefully.

14. Communications with us

All communications (excluding personal data) and user content that you submit or transmit to us, by electronic mail or any other means, or otherwise collected by us, will be treated as non-confidential information of yours which you do not own, unless you 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.

15. Privacy policy

When you apply for panel membership, use a service or communicate 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 our privacy policy.

16. Disclaimer

You expressly agree that your participation in a survey, other research program and use of the service and browsing of our site, our panel site, a survey site or a 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 offer any warranty, express, implied or statutory, that participation in a survey or the use of the service, our site, our panel 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 offer any warranties, express, implied or statutory, to the accuracy, reliability or content of any information or services provided through a survey or our site, our panel site, a survey site, or a partner site, other than as expressly set out in these terms.

17. Limitation of liability

To the extent permitted by applicable law, we, survey owners or partners, third-parties, or directors, officers, shareholders, employees, representatives, subcontractors, successors or assignees, shall not be liable in any respect, including but without limitation, for any matter related to these terms, the service, our surveys, our site, our panel site, a survey site, a partner site or for any submissions you make, or for any direct, indirect, special, punitive, incidental, reliance damages, as well as exemplary or consequential damages, loss of profits, loss of expected savings, or any other indirect damages, whether or not we have been advised of the likelihood or possibility of such damages.

The limitation of liability and the disclaimer mentioned 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 the failure of the essential purpose of contract or the failure of an exclusive remedy.

18. Indemnification

You agree to fully and effectively indemnify us and, at the same time, you agree to absolve us of any liability linked with any and all damages, expenses, liabilities and losses of any kind, including legal fees, resulting directly or indirectly from any breach or breaches of the terms caused by you.

The same applies to surveys owners, partners, and to other related third-parties, including to directors, officers, shareholders, employees, representatives, subcontractors, affiliates, successors or assignees.

19. Changes

We hereby reserve the right, in our sole discretion, to make changes to these terms anytime we deem that is necessary, without sending you a prior notification. We encourage you to review the terms on a regular basis. Your continued use of the services, your access to the services and/or your participation in the services constitute and will constitute your approval of the terms, as amended.

20. 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 a research program or use the service.

21. Suspension, termination and deactivation

We may, without prior notice, suspend and/or terminate your use of the service, as well as your access to the service, or your membership in our panel, if you violate these terms or if you use the service in an unlawful manner, or if you act in a manner that is, at our sole discretion, unacceptable to us, a survey owner or a partner.

In the event that we terminate your right to use the service and/or if your membership in our panel is terminated:
(a) you forfeit all rights to all un-redeemed rewards and/or prizes, effective upon termination;
(b) your panel membership will immediately be canceled;
(c) your access to 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 deactivate your membership in our panel in the following cases:
(a) if you are no longer an active panelist;
(b) if we receive a hard bounce or a delivery failure notice after sending you an email; or
(c) if we receive a “mailbox full” reply notice three (3) times after sending you emails, attempting to communicate with you via email.

In the event of a deactivation, termination by you, or termination by us, you forfeit any rewards that you have earned.

22. 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 provision shall be deemed to be severable from the remainder of these terms, and the remainder of these terms shall be interpreted without reference to the unenforceable term.

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.

23. Governing law, jurisdiction and legal venue

Any disputes arising out of or in connection with these terms, including any questions regarding their existence, validity or termination, shall be referred to Bucharest court and governed by and interpreted in accordance with the laws of Romania, without regard to any choice of law principles (whether those of Romania or any other jurisdiction) that might provide for an application of a different jurisdiction’s laws.

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