This website (the "Site") is maintained by BrainJuicer® Ltd. ("BrainJuicer®").
IMPORTANT: Your use of this Site and your membership to the BrainJuicer® survey panel are governed by the provisions contained in these Terms and Conditions (the "Terms "). Please read these terms carefully. By ticking “I agree” during registration, you agree to the Terms in their entirety. If you do not agree to Section A or B of these Terms you must not proceed with any registration to become a BrainJuicer® panellist, and if you do not agree to Section B of these Terms, you may not access or otherwise use the Site in any capacity.
You should read all these Terms, but we draw your attention in particular to the ownership of and rights of use relating to your contributions as a panellist (paragraph 2 of Section A), the fact that you are not guaranteed to receive any minimum level of income or other rewards (paragraph 4 of Section A), and the disclaimers and liability language in paragraph 4 of Section A and paragraph 5 of Section B.
We have split these Terms into two sections: then first deals with Terms relevant
where you sign up as a BrainJuicer® panellist, and the second, is relevant
to all users of the Site (whether you register as a panellist or not).
BrainJuicer® panellists are those who have registered with BrainJuicer®,
given various information about themselves, with a view to being given the chance
to complete market research surveys sent to them by BrainJuicer® or its
customers and in these Terms, those panellists are called "Members".
SECTION A: MEMBER TERMS
In consideration of BrainJuicer®'s promise to make payments, give other incentives and enter you into prize draws set out in paragraph 3 of Section A, you agree to comply with all the following Terms:
1. Registration and Passwords
You may access this site anonymously as a visitor and will not be required to provide personally identifiable information (for full details of the information we collect on users and how we use it, please see our Privacy Policy). However, in order to access certain services and content on the Site, such as surveys, you will be required to register to become a Member of the Site. You must provide complete and truthful information when signing up to become a Member, and may not use any aliases or other means to mask your true identity. During registration, you will choose a password to use with your email address. The password provided should be safeguarded at all times. You are responsible for the security of your password and will be solely liable for any use or unauthorized use under such password. We may suspend or terminate your membership at any time with or without notice.
2. Communications with BrainJuicer®; Ownership and use of your suggestions and ideas
You agree that BrainJuicer® will exclusively own all intellectual property rights throughout the world (including patents and the right to apply for patents, copyright, trade mark rights registered and unregistered, design rights, trade secret rights and rights in confidential information) in all text, information, data, ideas, inventions, concepts, know-how, techniques, questions, comments, survey responses and other materials which you (or anyone else using your user name and password) may transmit via the Site, through responding to any BrainJuicer® survey or otherwise to BrainJuicer® (which text etc we refer to as "Member Input" in these terms).
BrainJuicer®'s ownership of these intellectual property rights in Member Input will continue after you cease to be a use of the Site and/or Member.
You agree promptly to do anything (including signing documents) at BrainJuicer®'s expense (to the extent those expenses are reasonable) which BrainJuicer® thinks is necessary to perfect or confirm the ownership of intellectual property rights in Member Input, or to help BrainJuicer® or its customers apply for patent, trade mark or other intellectual property protection.
BrainJuicer® and you agree to keep any inventions forming part of Member Input confidential (although BrainJuicer® can still use and allow others to use all Member Input as permitted by these terms).
Except to the extent expressly covered by our Privacy Policy, BrainJuicer® also has the right to use all Member Input as it sees fit, and to allow others to do so, without having to pay you any money.
BrainJuicer®'s right to use (and to allow others to use) Member Input includes being able to reproduce, disclose, transmit, publish, broadcast, post, apply for intellectual property registrations, and to develop, manufacture and market products and services based on Member Input.
You agree to complete each survey sent to you by BrainJuicer® completely, honestly and in good faith.
3. Incentives
BrainJuicer® will offer rewards or incentives in return for you properly and fully completing surveys for which you are selected in accordance with BrainJuicer®'s policy. You accept that the reward in relation to a survey may be entry into a prize draw, online vouchers or cash to be redeemed at an online vendor of BrainJuicer®'s choosing.
Where the reward is entry into a prize draw, you agree to comply with any terms and conditions relating to such draw communicated to you in advance of the relevant survey. Where the reward is a voucher or cash payment made you understand and agree that you may need to set up an account and comply with the terms and conditions and any policies and guidelines of the online vendor, and that you may be unable to take advantage of the rewards if you do not do so.
Failure to claim rewards earned or prizes won within periods notified to you by BrainJuicer® or by the online vendor will result in loss of the reward.
4. No guarantee you will make money
BrainJuicer® will use reasonable efforts to match surveys requested by its customers with Members whose registration information indicates they are suitable, but you accept that:
- BrainJuicer® is not obliged to send you invitations to take part in surveys; and
- You are not guaranteed to win any prize draws
SECTION B: TERMS RELATING TO YOUR GENERAL USE OF THE SITE (WHETHER YOU REGISTER AS A BRAINJUICER® PANELLIST OR NOT).
1. Use Of This Site
You agree that you will not at any time:
- Use spiders, robots or other automated data mining techniques to catalogue, download, store or otherwise reproduce or distribute content available on the Site;
- Manipulate or attempt to manipulate the results of any panel, poll, survey or sweepstakes on the Site;
2. Intellectual Property
All pages and content within this Site, including but not limited to, text, graphics, audio, video, photographs, software, inventions, surveys, logos or other materials are the intellectual property of, or are authorized for use by, BrainJuicer® and its licensors, business partners and affiliates, including all trademarks, service marks, copyrights, patents and trade secrets contained therein. The compilation, organization and display of the content as well as all software and inventions used on and in connection with this Site are the exclusive property of BrainJuicer®. Except as expressly permitted in these terms and conditions, you may not modify, copy, reproduce, create derivative works, republish, display, upload, post, transmit, or distribute in any way content available on this site without the prior written consent of BrainJuicer®.
BRAINJUICER®, is the registered trademarks of BrainJuicer® in the UK, Europe, the United States and/or other countries. Other BrainJuicer® marks, graphics, logos, page headers, button icons, scripts noted on the Site are BrainJuicer®'s service marks, trademarks and trade dress and are the sole and exclusive property of BrainJuicer®. BrainJuicer®'s service marks, trademarks and trade dress may not be used in any manner not expressly permitted by BrainJuicer® in writing. All other trademarks not owned by BrainJuicer® or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BrainJuicer®.
You agree that you will not at any time:
- Take any action to interfere with the Site or any other user's use of the Site, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing" the Site;
- Send unsolicited email, including promotions and/or advertising of products or services, through the Site or forge or mask your true identity in any email or posting;
- Frame portions of the Site within another website, alter the appearance of the Site or establish links from any other website to any page of the Site other than the home page;
- Post or transmit via the Site or in response to any BrainJuicer® survey any threatening, libellous, defamatory, obscene, scandalous, or inflammatory material or any material that could otherwise violate any applicable law.
3. Third-Party Information and Websites
This Site may contain: (i) links to other websites not maintained by BrainJuicer®; or (ii) information about products or services of third parties. BrainJuicer® does not independently verify the business practices of these third parties and makes no warranties on their behalf. The availability of any link or reference of any third party shall in no way constitute an endorsement by BrainJuicer® of such third party, and you agree that your access of such third party sites and use or ordering of any services or products from them, is at your own risk. We encourage you to be aware when you leave our Site and to read the terms and conditions and privacy policy of each and every website that you visit. The information contained on this Site is for informational purposes only. The views and opinions expressed on this Site are not necessarily those of BrainJuicer®.
4. Privacy
BrainJuicer® takes the privacy of you and your information very seriously. For further information about how we use information collected from you, please view our Privacy Policy.
5. IMPORTANT DISCLAIMER AND LIABILITY STATEMENT
The Site, including all content or services made available on or accessed through the Site, is provided "as is."
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, BRAINJUICER® EXCLUDES ALL REPRESENTATIONS, WARRANTIES, CONDITIONS AND OTHER TERMS NOT EXPRESSLY SET OUT HEREIN IN RESPECT OF THE SITE AND THE SELECTION AND CONDUCT OF SURVEYS.
FURTHER, AND TO THE FULLEST EXTENT PERMISSIBLE BY LAW, BRAINJUICER® DISCLAIMS ANY IMPLIED WARRANTIES, CONDITIONS AND OTHER TERMS INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR PURPOSE.
BRAINJUICER® DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN, OR YOUR ABILITY TO ACCESS THE SITE OR ANY SURVEYS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT HOSTS IT WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BRAINJUICER® WILL NOT BE LIABLE TO YOU UNDER ANY CIRCUMSTANCES FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES. THE PREVIOUS SENTENCE CONTAINS EXCLUSIONS OF BRAINJUICER®'S LIABILITY WHICH WILL APPLY TO ANY CLAIM MADE IN CONNECTION WITH THE SITE OR THESE TERMS WHETHER UNDER THE LAW OF CONTRACT, THE LAW OF NEGLIGENCE OR OTHERWISE, BUT WILL NEVER APPLY IN RESPECT OF ANY LIABILITY OF BRAINJUICER® FOR PERSONAL INJURY OR DEATH CAUSED BY BRAINJUICER®'S NEGLIGENCE, FOR FRAUDULENT STATEMENTS MADE TO YOU PRIOR TO YOUR USE OF THE SITE OR REGISTRATION AS A MEMBER, OR FOR ANY OTHER LIABILITY WHICH APPLICABLE LAW SAYS CANNOT BE EXCLUDED BY AGREEMENT.
6. Changes
All information posted on the Site is subject to change without notice. In addition, these Terms may be changed at any time without prior notice. We will make such changes by posting them here. You should check this page for such changes frequently. Your continued access of the Site after such changes conclusively demonstrates your acceptance of those changes.
7. Indemnification
You agree to defend, indemnify, and hold harmless BrainJuicer® against all claims, expenses, liabilities, losses, costs, and damages, including reasonable legal fees, that BrainJuicer® may incur (i) in connection with your use of the Site or any hyperlinked web site or (ii) resulting from Member Input supplied using your [user name and password][account]or (iii) any breach by you of any of these Terms or applicable law.
8. Severability
If any part of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms.
9. Governing Law
All matters relating to your access to and use of the Site shall be governed UK law.
10. Questions
If you have any questions regarding these Terms, please contact BrainJuicer®