These Terms and Conditions govern your Membership in any of Touchstone Research, Inc.'s (“TSR”) Panels or Communities, including without limitation all current research Panels or Communities, and/or any other Panel(s) created, maintained and/or operated by TSR and/or its affiliates, subsidiaries and/or divisions (collectively referred to herein as “TSR” “we” or as “us”).
These Terms and Conditions (the “Agreement”) governs your access and use of the TSR panel Website, facilities, and participation in the associated online opinion panel, community, forums, blogs, member generated polls, chat, etc. (the “Panel”). In consideration for your right to access and use the Website and participate in the Panel, you represent that you are eligible to participate and agree to be bound by these terms and conditions. By becoming a Member (as defined below) in the Panel and Community, you represent that you are eligible to participate and you agree to be bound by these Terms and Conditions and any modifications made to it. This Panel and Community is operated and managed by “ TSR” and “TSR” is solely responsible for such and has sole discretion in these matters.
The words “use” or “using” in this Agreement means any time an individual (a “user”), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, display, view, print or copy from the Site, transmit, receive or exchange data or communicate with the Site, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Site, for any purpose whatsoever. This Agreement does not cover your rights or responsibilities with respect to third party content or sites or any links that may direct your browser or your connection to third party sites or pages. Except with regard to users that are TSR clients, this is the entire and exclusive Agreement between you and us regarding use of the Site and it cannot be modified, except as specifically described below. Although every effort has been made to ensure that the information in this document is accurate, TSR is not responsible for typographical errors or omissions.
Acceptance of Terms
By accessing, using, participating in or registering for the Panel, you agree to be bound by these Terms and Conditions and any modifications made to it.
Use of Site
Access to, and use of, a TSR Panel's Website (each a "Website" and collectively the "Websites") is subject to these Terms and Conditions, and, except with regards users that are TSR clients, is limited to your personal, non-commercial use. Any use of a Website or Websites in violation of these Terms and Conditions is strictly prohibited. By accessing, using, participating in or registering for the Panel, you become a Panelist or Member of the Panel or Community (a “Panelist or Member”) such participation is considered “Membership”. Except with regards users that are TSR clients, Membership in the Panel is limited to your personal, non-commercial use. Any commercial or other use of the Panel in violation of these Terms and Conditions is strictly prohibited.
Each Panel will be open to individuals and households who meet certain eligibility criteria specific to the focus of the Panel. If you do not qualify, please do not attempt to register for Membership in the Panel or participate in a survey or Community activity. By participating in the TSR Panel, you represent that you are eligible to participate and agree to be bound by the terms and conditions set forth below. This Panel is open to individuals who are parents of children ages 2-17 who may participate as a household with their eligible children, young adults ages 18-40 years of age and to minors who are 15 years of age and older in the U.S. who meet certain eligibility criteria specific to the focus of the Panel.
By participating in the TSR Panel, you represent that you are eligible to participate and agree to be bound by these Terms and Conditions. If you do not qualify, please do not use our services. Our registration site, and some surveys or Community activities, may require you to accept a cookie from us as a means of ensuring data integrity. No personal data will be stored in the cookie.
TSR reserves the right to refuse to offer or provide Panel Membership or other services to anyone, at any time, in its sole discretion.
While reasonable care has been taken in respect of the information contained on the Site, neither TSR, nor its client(s) makes any representation or warranty (either express or implied) as to the completeness of the information or its suitability for any particular purpose. The information has been prepared for those interested in finding out about our services, and except with regards users that are TSR clients, is being made available to you solely for limited personal and non-commercial uses. If you have a question about the information on this Website, please click “Contact” to send us a message.
Management of this Website and Panel
This Website and Panel is owned, operated and managed by TSR. TSR is solely responsible for such and has sole discretion in these matters.
Limitations of Membership, Non-Transferability
Membership is limited to one per individual or qualified household with children in the target age range. Multiple individual or household Memberships across multiple email accounts are prohibited and subject to immediate cancellation, and will render void all points or any cash incentives due. Membership is specific to the one individual with a unique e-mail address, and to the individual who registered and completed the demographic and other profile information sections. Points and any other rewards are awarded to individual Members and are not transferable but in the cases of qualified registered households household Member points are accumulated and redeemed at the household level. Points are not considered to be property and therefore cannot be sold, transferred, or assigned to another Member or individual under any circumstances.
Nothing contained in this section shall be applicable to users who are TSR clients.
Honest and Accurate Disclosures
You, as a Member of a TSR Panel, agree to provide true and accurate information during the registration process, while filling out demographic profile information and other general details, and while answering survey research questionnaires or participating in community activities. If you provide any information that is untrue, inaccurate or not current to TSR or any of its clients or agents, or if TSR or one of its agents has reasonable grounds to suspect such information is untrue, inaccurate or not current, TSR has the right to terminate your Membership and refuse any and all current or future access to, or use of the TSR site, including the immediate forfeiture of any points and other rewards or prizes, provided that if you are participating as a qualified household these actions apply to the household.
Registration & Verification
Registration requires that you provide a valid physical United States address of your residence, PO Boxes are not acceptable. Registration also requires that you provide a means of reaching you for purposes of verification of any information provided to TSR at any time. TSR reserves the right to verify any information submitted by a Panelist in his or her registration profile at any time. Such requests for verification may be made by phone, email or U.S. mail. TSR further reserves the right to require that written or printed documentation be submitted for verification of information in profile, if requested. If any Panelist fails to provide verification when requested, and/or if any information in a Panelist's profile is unable to be verified, such Panelist or Panelist household may be removed from the Panel without notice and any points in such Panelist household’s account balance forfeited.
Here are some commitments you make to us relating to registering and maintaining the security of your account:
1. You will not provide any false personal information on the TSR Panel, or create an account for anyone other than yourself.
2. You will not register for the TSR Panel if you are under 18, unless you are between 15 and 18 years of age in the U.S. and meet certain eligibility criteria specific to the focus of the Panel.
3. You will not use the TSR Panel if you are a convicted sex offender.
4. You will keep your contact information accurate and up-to-date.
5. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
SMS Text Messaging & Alerts Terms (put this after Registration & Verification)
Authorization: You certify that you are authorized: (a) to enroll the designated mobile phone number in the SMS Alerts Service, and (b) to incur any mobile message or data charges that may be incurred by participating in the SMS Alerts Service.
Subscribing to SMS Alerts: You may subscribe to SMS Alerts by entering and submitting your mobile phone number in the provided submission form available on the homepage of your account. By entering your phone number and completing the submission form, you consent to these terms and to receive text message communications from TSR as described herein. A text message will be delivered to the mobile number you provided confirming your enrollment once you have submitted your phone number.
By subscribing to SMS Survey Alerts, you expressly consent and agree to accept and receive Survey Alerts and related communications via text message to your mobile device and to the cellular/mobile telephone number(s) that you provided to us. The information in any message may be subject to certain time lags and/or delays.
Frequency of Messages: The number of text messages you may receive per month may vary depending on the number of research activities you qualify for at any given time—from several messages to 10+ messages per month.
To Stop Messages: Text STOP to 888-305-2845. You agree that following a request to unsubscribe you will receive one (1) final message from TSR confirming that you have been removed from the SMS list. Following such confirmation message, no additional text messages will be sent unless you opt back in to receive SMS text messages from TSR. Please allow up to three (3) business days to process your request. To opt back in to receive SMS text messages from TSR, you must text UNSTOP to 888-305-2845.
For Help: Call 1-800-409-2665 or email us at firstname.lastname@example.org.
Message, Voice and Data rates may apply. By participating in the SMS Alerts Service, you approve any such charges from your mobile carrier. Check your carrier’s plan for details. You acknowledge and agree that you are solely responsible and liable for obtaining, maintaining, and paying all charges related to your mobile device(s).
No Guarantee: TSR is not responsible for incomplete, lost, late, or misdirected messages, including (but not limited to) undelivered messages resulting from any form of filtering by your mobile carrier or service provider or otherwise.
Use of Automated Dialing Technology: You acknowledge and agree that the SMS Alerts Service may be provided in some cases through automatic telephone dialing technology, an artificial voice or a pre-recorded voice. The Federal Communications Commission defines an "automatic telephone dialing system" or autodialer as equipment that has the capacity to store or produce telephone numbers to be called and to call such numbers. 47 C.F.R. § 64.1200. By providing us your phone number, you expressly consent to receive the SMS Alerts Service through automatic dialing technology, artificial and pre-recorded voice.
General Communications: You agree to receive notifications from TSR, its representatives, employees, and agents, through any means authorized under these Terms, including phone calls and text messages that use automatic telephone dialing technology, artificial voice or pre-recorded voice or live person.
Carriers: Supported carriers include all major United States carriers including, AT&T, Verizon Wireless, T-Mobile®, Sprint, and others.
Termination: TSR reserves the right, in its sole discretion, to cancel or suspend any or all of the SMS Alerts Service, in whole or in part, for any reason, with or without notice to you.
Notification of Changes in Personal & Other Information
You agree as a Member to promptly notify TSR of any changes in personal and other information including but not limited to name, address, phone number, e-mail address, and demographic information by updating such information on the TSR Panel Website.
Rules of Conduct
Your use of the Site is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your user name or password. You shall not use, allow, or enable others to use the Site, or knowingly condone use of this Site by others, in any manner that is, attempts to, or is likely to:
• be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or impersonating anyone else;
• affect us adversely or reflect negatively on us, the Site, our goodwill, name or reputation or cause duress, distress or discomfort to TSR or its client(s) or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with the Site;
• except with regards to users that are TSR clients, be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other Website or web pages;
• transmit, distribute or upload programs or material that contain malicious code, such as viruses, worms, trojan horses, spyware, or other potentially harmful programs or other material or information;
• violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order or any treaties, or violate or infringe upon any intellectual property rights, rights of publicity or privacy or any other rights of ours or of any other person, firm or enterprise; gain unauthorized access to the Site, other users' accounts, names, passwords, personally identifiable information or other computers, Websites or pages, connected or linked to the Site or to use the Site in any manner which violates or is inconsistent with these Terms and Conditions;
• modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Site or the rights of use and enjoyment of the Site by any other person, firm or enterprise; or
• collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the Site, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.
In addition, the following rules shall apply to the Site:
the Site shall be accessible to Members only;
all Members shall keep postings and any information that we make available confidential;
and you agree not to copy or download any copyrighted material.
Zero Tolerance of Abuse or Fraud
You agree to abide by and not abuse your benefits and privileges as TSR Panel Member. Such abuses include, but are not limited to attempts to earn points or redeem points in any manner that conflicts with the intent of these Terms and Conditions, or the terms and conditions of the TSR points and rewards program as specified below. Other examples include any fraudulent methods for earning points or other incentives, redeeming or purchasing points, tampering with surveys or links.
TSR shall be the sole determiner in cases of suspected abuse, fraud, or violation of its rules and any decision made shall be final and binding. Fraud or abuse relating to the accrual of points or redemption of merchandise may result in forfeiture of accrued points as well as the termination of your points account and participation in the TSR Panel.
We do our best to keep the TSR Panel safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:
1. You will not send or otherwise post unauthorized commercial communications (such as spam) on the TSR Panel.
2. You will not collect users' content or information, or otherwise access the TSR Panel, using automated means (such as harvesting bots, robots, spiders, or scrapers).
3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on the TSR Panel.
4. You will not upload viruses or other malicious code.
5. You will not solicit login information or access an account belonging to someone else.
6. You will not do anything that could disable, overburden, or impair the proper working of the TSR Panel, such as a denial of service attack.
7. You will not facilitate or encourage any violations of the Terms and Conditions.
Notification of Unauthorized Use
You agree to maintain your password and other information confidential to prevent unauthorized use of your account. It’s also your responsibility to notify us of any improper uses of your account. You are solely responsible for any loss of points or other incentives, or other fraudulent activities associated with sharing your password.
Membership is solely at the discretion of TSR. TSR reserves the right to refuse to offer, register or provide Membership or other services to anyone, at any time, in its sole discretion. Membership is voluntary and may be terminated at will by either party. There is no obligation or requirement to remain a Member of TSR Panel. You may terminate your Membership, by logging in and going through the ‘Cancel Registration’ process, or by contacting us directly (see Contact Us). Any accrued points or other pending rewards are forfeited the moment you cancel your Membership with the TSR Panel.
Suspension & Termination
TSR reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Panel (or any part of it) with or without notice. The Panel may be dissolved for any reason, without notice, at any time, solely at the discretion of TSR. You agree that TSR and its client(s) shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Panel. You agree that, TSR in its sole discretion, may terminate your password, account (or any part of it) or ability to use the Panel and/or Community, and remove and discard any profile information and delete any Points, for any reason or for no reason, including, without limitation, for lack of use, or for violating the letter or the spirit of these Terms and Conditions. We may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your Membership, if you breach these Terms and Conditions. You agree that any termination of your access to the Panel and/or Community may be immediate and without prior notice. You further agree that TSR and its client(s) shall not be liable to you or any third-party for any termination of your use or ability to access the Panel and/or Community.
Without limiting any other remedies, TSR may suspend or terminate your account resulting in forfeiture of accrued points as well as the termination of your points account and participation in the TSR Panel if you fail to abide by these Terms and Conditions. All decisions on all matters regarding Membership and the Panel and the Community are final and the sole discretion of TSR.
You further agree that TSR shall not be liable to you or any third-party for any termination of your use or ability to access the Site or Panel. Specific reasons for such limitation or termination include, but are not limited to the following: (a) TSR requires all Panelists to update their profile and registration information promptly whenever there are any changes including but not limited, e-mail address, and demographic information by updating such information on the Site. Failure to promptly notify TSR of any changes in personal or other information in their profile or to respond to TSR’s request for such updates shall result in the applicable Panelist being removed from the Panel, such Panelist information being deleted from TSR’s records, and any remaining points in such Panelist’s account being voided. (b) Using in the registration of your TSR
Membership an email account that is not your own or that is or becomes inactive. (c) Failing to designate the Panel email address as an approved sender to prevent Panel emails being rejected as SPAM. (d) Taking action that results in, or might result in our email being designated as SPAM (e) Blocking or rejecting our emails. (f) Length of participation exceeds desired length. (g) Falsifying information in your registration or household profile. (h) Inactivity. If any Panelist does not participate in Panel activities for more than six months, he or she and his or her household shall be deemed to have abandoned the Panel, and TSR shall be entitled, without notice or any obligation to such Panelist (or his or her household), to remove such Panelist household from the Panel, delete such Panel household information from its records, and void any remaining points in such Panel household account. (i) Registering more than once. (j)
Reproducing, distributing, republishing or retransmitting any material contained in a survey. (k) TSR reserves the right to take any action it deems necessary with respect to your Panel or user account if we have reason to believe it may cause us to lose the services of our ISP, suppliers or be harmful to our clients or other Panelists.
ANY ATTEMPT TO DAMAGE THE PANEL OR TAMPER WITH OR UNDERMINE THE LEGITIMATE OPERATION OF THE PANEL IS A VIOLATION OF THE TERMS AND CONDITIONS FOR USE OF THE PANEL, AS WELL AS CRIMINAL AND CIVIL LAWS. SHOULD TSR BELIEVE OR BECOME AWARE THAT SUCH AN ATTEMPT HAS BEEN, IS BEING, OR WILL BE MADE, TSR RESERVES THE RIGHT TO REMOVE ANY RESPONSIBLE PANELIST FROM THE PANEL AND ELIMINATE ANY POINTS OR INCENTIVE CREDIT IN ANY REMAINING ACCOUNT BALANCE, AND SEEK REMEDIES AND DAMAGES FROM ANY RESPONSIBLE MEMBER AND OTHER RESPONSIBLE INDIVIDUAL(S) TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION CRIMINAL PROSECUTION.
Liability is excluded
By accessing this Site, and/or participating in the Panel you agree that TSR and its client(s) will not be liable for any loss and/or damages whatsoever you may suffer and in particular TSR and its client(s) will not be liable for special, consequential or incidental damages or damages for loss of profits, loss of revenue, or loss of use, arising out of or in connection with this Site or the information or material contained in it, whether any claim is brought in contract, or tort (including negligence) or otherwise.
TSR and its client(s) shall in no event be liable for the loss of profits, goodwill or other special or consequential damages suffered by any Members or others as a result of performance or non-performance by TSR and its client(s) under this Agreement whether or not the possibility of such damages was disclosed to TSR and its client(s) or could have been reasonably foreseen by TSR and its client(s).
TSR and its client(s) are neither responsible nor liable for any damages, whether direct, indirect, incidental, special or consequential, or losses that result from participation in the surveys or other Panel activities offered to Members, or the points and rewards program, or reliance on or use of information, services, or merchandise provided on or through points except where such liability is mandated by law.
You further acknowledge that TSR and its client(s) neither endorse the contents of advertisements or partner websites, nor assume responsibility or liability for the accuracy of material contained therein, or any infringement of third party intellectual property rights arising therefrom, or any fraud or other crime facilitated thereby.
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAWS, YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL TSR AND ITS CLIENT(S) BE LIABLE, OR OTHERWISE RESPONSIBLE, TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES, ARISING OUT OF, RESULTING FROM, IN CONNECTION WITH, OR CAUSED BY, WHETHER DIRECTLY OR INDIRECTLY, (i) YOUR PANEL MEMBERSHIP; (ii) YOUR RELIANCE ON, OR USE OF, ANY INFORMATION, SERVICES AND/OR MERCHANDISE PROVIDED BY, ON, OR THROUGH ANY WEBSITE(S); AND/OR (iii) YOUR/YOUR HOUSEHOLD PARTICIPATION IN ANY SURVEY(S) OR OTHER PANEL ACTIVITIES OFFERED, PROVIDED, HOSTED, OR ADMINISTERED BY TSR AND ITS CLIENT(S) AND/OR ITS OR THEIR EMPLOYEES AND/OR AGENTS, REGARDLESS OF WHETHER TSR AND ITS CLIENT(S) ARE INFORMED OF THE POSSIBILITY THE SAME MAY EXIST.
TSR may provide links to Websites or resources outside of this Website. Because TSR has no control over external Websites and resources, you acknowledge and agree that TSR shall not be responsible for the availability of such sites or resources, and does not endorse or sponsor and is not and shall not be responsible or liable for any privacy practices, advertising, goods, services, information or other materials or content on, available through or provided by such Websites or resources.
Intellectual Property Rights & Using our Property
The names, logos, icons and graphics used on this Site in connection with or identifying the products and/or services of TSR or its clients are proprietary marks of TSR and/or its clients any other content or material embodying or consisting of patentable or copyrightable work on the Site are proprietary marks of TSR and its client(s) as applicable. Your access does not imply a license to reproduce, transmit and/or distribute this information or these names, logos, icons and graphics in any form or by any means. If you wish to do any of these things you must first obtain prior written consent from TSR and/or its clients as applicable. Except with regards to users that are TSR clients, the content of the Panel and Site is intended for the personal, noncommercial use of its users, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content, including TSR or its clients’ intellectual property.
In addition to works of TSR and its client(s) this Site and the Panel surveys, community forums, blogs and the like also contain matter covered by copyright and owned by third parties or assigned to and owned by TSR and/or its client(s). Additionally, this site and the Panel surveys contain trademarks and other intellectual property owned by the TSR and/or its client(s) or owned by third parties and licensed to TSR and/or its client(s). You should not assume anything on this Site or in any of the Panel surveys or community activities is necessarily in the public domain.
All pages and content within a TSR Panel Website and any related surveys or community activities, including but not limited to, text, graphics, audio, video, photographs, surveys, logos or other materials are the intellectual property of, or are authorized for use by, TSR and/or its clients, licensors, business partners and/or affiliates, including all trademarks, service marks, copyrights, patents and trade secrets contained therein. You are hereby expressly prohibited from modifying, copying, reproducing, creating derivative works of, republishing, displaying, uploading, posting, transmitting or distributing, in any way, the content available on a Website, without the prior written consent of TSR or its client(s), as applicable, which may be granted or withheld in the sole discretion of TSR and/or its clients, licensors, business partners and/or affiliates.
Each Panel Member agrees to indemnify, defend and hold harmless TSR and its client(s), vendors. and their respective parents, subsidiaries and affiliated companies, and each of their respective officers, directors, employees, agents, and representatives, from and against any and all claims relating to the use of the Site or a breach by such Panel Member (or his/her family member or child(ren) in the case of household memberships) of any representations, warranties, terms and conditions, or agreements made in this Agreement or elsewhere on this Site. You accept all responsibility for, and hereby indemnify and hold harmless TSR and its client(s), its and their representatives, officers, agents, directors and employees from and against, any actions taken by any user authorized to use your account, including but not limited to responses to surveys offered, accumulation of points, redemption of points, and disclosure of passwords to third parties. You further agree to indemnify and hold TSR and its client(s), its and their representatives, officers, agents, directors and employees harmless from any claim, demand, expense or damage, including reasonable attorneys’ fees relating to use of any Panel, points and intentional or negligent abuse or violation of this Agreement.
These Terms and Conditions are governed, construed and enforceable in accordance with the laws of the State of New York and, for the purposes of any and all legal or equitable actions, you agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in New York City, New York, and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, non conveniens or otherwise. To the extent it may be applicable, you agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
Panelist Households & Parents
By registering for the Panel parents, or guardians:
1) Grant their permission for their household including their child(ren) to participate in the Panel activities, with the understanding that they may withdraw their household, or any member of their household, from the Panel at any time and that they are under no obligation to participate in any specific Panel activity.
2) Acknowledge that participation in this Panel may provide them or their child with information concerning certain trade secrets of TSR or its clients including, but not limited to, new products. Panelist agrees not to disclose or discuss these matters with others (except as part of an approved Panel study), except to Panel project staff and to instruct their children regarding such obligation.
3) Certify that no adult currently residing within their household or immediate family member is employed by any of the following companies: an advertising agency, or a market research or opinion research firm.
4) Acknowledge that unsupervised online activities by children carries with it potential safety issues and that as a parent or guardian it is their responsibility to supervise their child in all their online activities including any they may engage in as part of the TSR Panel and, therefore, release TSR and its client(s) and their respective parent subsidiary and affiliated companies from liability arising from any unsupervised online activity their child may engage in.
5) Panel Membership (primary parent registrant) is limited to residents of the United States, who are 18 years of age or older at time of joining. By registering and/or submitting any personally-identifiable information such as your email address, name, or postal address, you are warranting that you are 18 years of age or older.
You are prohibited from using spiders, robots or other automated data mining techniques to catalog, download, store or otherwise reproduce or distribute content available on a Website or to manipulate the results of any Panel, poll, survey or prize draws on Website. You are prohibited from taking any action to interfere with a Website or any other individual’s use of a Website, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing” a Website. You are prohibited from sending unsolicited email, including promotions and/or advertising of products or services, through a Website or forge or mask your true identity in any email or posting. You are prohibited from framing portions of a Website within another Website or altering the appearance of a Website. You are prohibited from establishing links from any other Website to any page of a Website without the express written permission of TSR, and in no event shall links to any page other than the home page be established. You are prohibited from encouraging, coaching, and/or advising any individual, including without limitation any TSR employee, to commit any act(s) prohibited hereunder. You acknowledge and agree that TSR will fully cooperate with any law enforcement authorities or court order, within the limits of all applicable laws, requesting or directing TSR to disclose or reveal the identity of anyone posting any such information or materials or using a Website or the Websites in violation of these Terms and Conditions.
During the course of your participation in the Panel, it likely will be appropriate for you to have access to some of TSR’s or its clients’ proprietary and confidential information, including by way of example and without limitation both TSR’s and its clients' products, product ideas, concepts, concept descriptions, imagery, photographs, drawings, software, music, games, designs, plans and timetables, product formula and specifications, processes, pricing and financial information, in documentary, oral and electronic form (hereinafter “Information”).
1. You hereby expressly agree to hold in confidence any portion of the Information received during your, or other household members participation in the Panel which is not, or does not become, generally available to the public, and will neither use, nor disclose to others, this Information without TSR's, or its clients’ express written consent.
2. You acknowledge that all community activities and associated community materials, Panel surveys and associated survey materials and Information are the proprietary and confidential property of TSR's and its clients’. You hereby expressly agree that neither you nor any member of your household, will print, copy, capture or otherwise reproduce or distribute any part of any survey or community including, but not limited to, survey questions, topics, photographs, images, drawings, products, product ideas, concepts, concept descriptions, text, survey questions or other associated materials including survey invitations, survey links or urls nor will you or they transmit or disseminate any of said survey information or materials to anyone for any reason except as part of an approved Panelist activity, for example, survey links or urls may be forwarded to Panelist family household members as needed for them to participate, as authorized, in the surveys or as otherwise approved by TSR.
3. You also agree that the commitment to hold TSR’s and clients’ Information in confidence will extend beyond any termination of this Agreement and will remain in effect until such Information becomes generally available to the public.
TSR Panel Points & Rewards Program
The points and rewards program and its benefits are provided to you at the discretion of TSR and TSR has the right to terminate the program, or to change these Terms and Conditions, the exclusive awards, or conditions of participation, in whole or in part, at any time, with or without notice to you. Such changes include increasing the amount of points required to redeem any exclusive award, or change remove any of the awards currently available, at any time, with or without notice to you. If TSR does provide notice of changes, it may do so by email, post mail or by general posting on the Panel Website.
Points will be deposited in Member accounts in as little as a few seconds to as much as 4 weeks after completing the eligible survey or Panel activity. Reasonable effort is made to correctly allocate earned points to a Panelist's account. However, Panelists are responsible for ensuring that their points are properly credited. Points will be maintained in Member accounts until they are redeemed or forfeited, whichever occurs first.
Points may be redeemed once a Panelist has accrued the required number of points for redemption provided that the Panelist’s account is in good standing. You may view your household points account balance or exchange points by logging in and accessing the appropriate features under the “ Registered Panelist” menu section. This section of the Site is restricted to Members only, and Members must enter their user name and password to view their account information and other points details.
Only the registered Panelist may exchange or redeem points.
Options available for redemption awards can be viewed and selected at “Rewards” on the Panel Website. If it is an option posted at Rewards on the Panel Website at the time of redemption, points may be redeemed for a monetary payment provided the minimum points balance requirement (as posted on the Rewards page of the Panel site at the time of redemption) has been met and are redeemed in allowable increments as posted on the Rewards page of the Panel site at the time of redemption. Alternatively, we may offer electronic gift cards or other gifts that you may redeem your points for. Bonus points may sometimes be offered to our more active Panelists in addition to periodic prize drawings among active Panelists. Additionally, points may be offered for referrals of qualified participants into the Panel. The minimum points requirement of a selected reward cannot exceed that of the number of points currently accrued in the Panelist’ points account. Choosing a reward of a lesser value is permitted, and any unused points will remain in the Panelist’s account. Points will be immediately subtracted from the Panelist’s account upon redemption. Neither redeemed prizes nor unredeemed points are transferable for cash except as designated on the Rewards page of the Site. Points have no cash value. Accounts with values less than the first eligible redemption level (minimum required points) are not eligible for any redemption award. Points may be spent only on rewards offered through TSR and its agent, if any, at the time of redemption. Redeemed points will be subtracted from the Panelist’ account once the reward is requested. TSR reserves the right to refuse a refund of points to a Panelist if merchandise is returned.
TSR may change or remove any of the points earning activities currently recognized, at any time, with or without notice to its Panelists. The points that Panelists earn are not considered to be property and, as such, one cannot sell, transfer, or assign their points to any other person, under any circumstances.
TSR is not responsible for any lost, stolen or damaged prizes, gifts or other incentives. Neither TSR nor its clients are responsible for lost, late, incomplete, inaccurate, stolen, misdirected, undelivered, garbled or delayed email, surveys or points; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), Website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors of any kind whether human, mechanical, typographical, electronic or network relating to or in connection with the participation in the Panel, including, without limitation, errors which may occur in the administration of the Panel, the processing of surveys or the awarding of points, or in any Panel-related materials. Neither TSR nor its clients are responsible for any incorrect or inaccurate information, whether caused by Website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Panel. TSR reserves the right to void any points which have been incorrectly credited to a Panelist household’s account for whatever reason due to technical, computer, human or other error even if such error is not detected until the household attempts to redeem such points. Use of automated entry devices or programs is prohibited. Each Panelist and his or her child(ren) and other participating household members agree that all disputes regarding surveys, points or rewards will be decided by TSR. Points will be voided or forfeited if you cancel your registration. Points may be voided or forfeited for violating these Terms and Conditions. The accrual of points does not entitle any TSR Panelist to vested rights with respect to any awards or other benefits under the points and rewards program. TSR is not liable to you should it exercise its right to terminate the points and rewards program.
If you violate any law, rule, or regulation, including these Terms and Conditions, or if your participation in the TSR Panel points and rewards program could violate any applicable state or federal law, rule, or regulation, TSR may refuse to activate your account, grant points, or may otherwise restrict, modify, or terminate your participation in the TSR Panel points and rewards program.
Rewards & Taxes
TSR does not provide any legal or tax advice to panelists. Panelists are solely liable and responsible for their own tax and legal obligations. TSR may provide you and/or the appropriate government agency or taxing authority with information related to your Rewards redemption history and, if applicable, TSR may withhold taxes upon request from the appropriate government agency or taxing authority. You acknowledge that TSR may be required to provide or supply certain information to applicable government agencies or departments in regards to any payments or incentives you earn in connection with your use of TSR's Sites or services. You acknowledge that TSR may supply information to taxing agencies, or withhold taxes, at the request of those agencies or as we, in our sole discretion, deem appropriate. You agree to provide TSR with all required information to assist TSR in complying with its reporting or withholding obligations. Your failure to provide such information within 30 days of a request sent by TSR to the email address registered at that time may result in the forfeiture of Rewards and TSR shall be entitled, without notice or any obligation to such Panelist (or his or her household), to remove such Panelist household from the Panel, delete such Panel household information from its records, and void any remaining points in such Panel household account.
All information, including, without limitation, comments, ideas, graphics or other materials submitted by you or your child(ren), or other household member, to TSR or its clients through the Site (but excluding registration information) or through any surveys or other Panel activity (“ Submissions”) may be used or published by TSR or its clients in any way and for any purpose, in any and all media, now or hereafter discovered, throughout the world and in perpetuity and without restriction, permission, notification or compensation to you or other household member, to the extent permitted by law. All Submissions must be original, accurate and be in keeping with the image of TSR or its clients and may not be offensive, as determined by TSR in its sole discretion. No Submissions shall defame or invade publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any person's personal or any property rights or any other third party rights (including, without limitation, intellectual property rights).
Your comments, suggestions and information are important to us. Portions of this Site may provide you and other users an opportunity to participate in forum services, blogs, web communities and other message and communication facilities (“Communities”) and may provide you with the opportunity, through such Communities or otherwise, to submit, post, display, transmit and/or exchange (a) information, ideas, opinions, messages or other information (“Post” or “Postings”) and (b) user content, your submission of which is also governed by these Terms and Conditions, and considered a Posting for purposes herein. You understand, acknowledge and agree that such Postings are the sole responsibility of the person from which such Postings originated. This means that you are solely and entirely responsible for the consequences of all Postings that you upload, post, email, transmit or otherwise make available via the Site. Postings do not reflect the views of the Site, TSR or its client(s), or its or their parent companies or affiliates. We and our clients reserve the right to monitor, edit or screen any Postings. If we or our clients determine, in our or their sole discretion and judgment, that any Posting does or may violate any of the terms of this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to: (a) refuse to allow you to Post; (b) remove and delete Postings; (c) revoke your right to use the Site; and/or (d) use any technological, legal, operational or other means available to us to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on the Site.
If a Posting originates from you or your account, you hereby agree that: (a) you specifically authorize the Site, TSR and its client(s) its and their parent companies and affiliates to use such Posting in whole or in part, throughout the universe, in perpetuity in or on any and all media, now known or hereafter devised, and alone or together with or as part of other information, content and/or material of any kind or nature; (b) you represent and warrant that (i) the Posting is original to you and/or fully cleared for use as contemplated herein, (ii) the Posting does and will not, in any way, violate or breach any of the terms of this Agreement, (iii) the Posting does not contain libelous, tortious, or otherwise unlawful information, infringe or violate any copyright or other right, or contain any matter the publication or sale of which will violate any federal or state statute or regulation, (iv) the Posting is not obscene or in any other manner unlawful, (v) the Posting shall not be injurious to the health of any user, and (vi) neither we nor our clients shall be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the Posting; and (c) if your Posting incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that (i) you have the right to grant the Site, TSR and its client(s), its and their parent companies and affiliates the right to use all such Postings as described above, (ii) the Posting was produced in compliance with all applicable laws and regulations and (iii) for any user content Posting that contains original videos, you will comply with any applicable identification verification and record- keeping requirements, and you will secure and maintain the requisite personal information and identification documentation for all individuals who appear in any such original videos, as may be required by law and/or otherwise requested or required by us in connection with our corporate compliance policies and practices, which includes the individual’s full legal name, current address, date of birth and a legible photocopy of a valid government-issued identification document (e.g., a U.S. passport, state driver’s license or valid photo ID card) to verify the individual’s identity. With the submission of each such Posting, TSR and its client(s), its and their parent companies and affiliates reserve the right to request that you, and upon such request you must, deliver a full and complete set of such identification verification records to us, as well as a legible photocopy of your valid driver’s license, passport or other acceptable government-issued photo identification for our verification and record-keeping purposes. In addition, you specifically acknowledge and agree to abide by our policies regarding governmental certification procedures relating to the foregoing identification verification and record-keeping procedures and, if applicable, you will promptly comply with any specific requests or directions we give you in connection with Postings you submit that may be subject to these requirements.
You understand, acknowledge and agree that we have the right to delete, re-format and/or change your Postings in any manner that we may determine (although you will not be responsible for any such changes made). The amount of storage space on the Site per user is limited. Some Postings may not be processed due to space constraints or outbound message limitations. You understand, acknowledge and agree that we assume no responsibility for deletion of Postings or any failure to store, receive or deliver Postings in a timely manner or any other matter relating to Postings. Except with regard to users that are TSR clients, Posting is for noncommercial purposes only and you may not Post in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity.
If you believe that any content on the Site (including, without limitation, Postings) violates any of the terms of this Agreement (except for any copyright concerns as covered above), please click “Contact” to send us a message about it. We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.
Member’s participation in the Panel and Community is at the Member’s discretion. Neither TSR nor its clients will be in any way responsible for personally identifiable information that Member may voluntarily share with TSR or its clients or other Members in the course of answering a survey or participating in a community activity. Member is responsible for complying with any rules or terms set forth by TSR or its clients in connection with Member’s participating in the Panel or Community.
TSR reserves the right, at any time and from time to time, for any reason in its sole discretion, to change the terms of this Agreement. TSR will post or display changes on the Site and it may (but is not required to) also e-mail you about these changes. Once TSR posts changes on the Site, those changes become effective immediately and if you use the Site and/or continue to participate in the Panel or Community after they become effective it will signify your agreement to be bound by the changes. You should check back frequently and review these Terms and Conditions regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with TSR.
THIS WEBSITE, INCLUDING ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, POSTINGS OR SERVICES MADE AVAILABLE ON, OR ACCESSED THROUGH, THE WEBSITES, ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER TSR NOR ITS CLIENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER IN CONNECTION WITH ANY CONTENT ON THE WEBSITES. FURTHER, TSR AND ITS CLIENTS HEREBY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATIONS, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER TSR NOR ITS CLIENTS WARRANT THAT THE TOOLS OR FUNCTIONS CONTAINED IN THE WEBSITES OR ANY INFORMATION, CONTENT OR MATERIAL CONTAINED THEREIN, WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SYSTEMS OR THE SERVER(S) THAT SUPPORT THE WEBSITES AND MAKE THE WEBSITES AVAILABLE WILL BE CORRECTED, OR THAT THE SYSTEMS OR THE SERVER(S) THAT SUPPORT THE WEBSITES AND MAKE THE WEBSITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
The headings contained in these Terms and Conditions are for reference only and shall have no effect on the interpretation and/or application of these Terms and Conditions. TSR's failure to enforce a breach by you of these Terms and Conditions shall not waive or release you from such breach and shall not waive, release or prevent TSR from enforcing any subsequent breach by you of these Terms and Conditions. These Terms and Conditions and any policy or policies referenced or incorporated into these Terms and Conditions, represents the entire understanding and agreement between TSR and you with respect to the subject matter hereof.
Copyright © 2017 Touchstone Research, Inc.. All rights reserved. The copyright and the material contained in this Website belong to and remain the property of TSR and its client(s).