BrainJuicer® Terms & Conditions / Legal Notices
 

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.

BrainJuicer® reserves the right to withold payment of incentives if falsely earned* (*adjudicated by the BrainJuicer® panel manager).

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® at legal@BrainJuicer.com

BrainJuicer® Privacy Policy

We are committed to protecting your privacy. This Privacy Policy sets out our privacy practices. Please take time to review this Privacy Policy carefully as it tells you how your personal information will be treated by us.

Information Gathered

BrainJuicer® (which means BrainJuicer® Limited) gathers personal information when individuals register to become member of our panels, after registration we ask panel members to provide us with more personal information so that we may invite them to appropriate surveys. To become a panel member, we ask that you fill out a registration survey that gathers some personal and general consumer information. We ask for your email address so that we can send you email invitations to participate in our upcoming surveys. The other information we gather, such as your name, address, gender, birthday, and employment status, is for matching you with the appropriate marketing research projects. Your birthday is used to automatically update your age for us to identify age-related marketing groups. We ask you for this information as a means to see if you might qualify for particular projects. All email contact from BrainJuicer® will be sent to your primary email address that you gave to us upon registration. If you become a panel member, your information is also used for the purposes of incentive fulfilment. When you receive a deposit in your account and wish to redeem it, this information is required so that we may fulfil the redemption.

If you take a survey or provide us with personal information without being a member of our panel, the only personally identifiable information we will preserve is your email address. We do this so we may contact you if you have won a prize or are entitled to an incentive and to limit the number of times that you are eligible to take a survey. Unless you elect to become a member of the BrainJuicer®, we will not contact you for any reason other than to notify you that you have won a prize or are eligible for an incentive. If you are entitled to a prize or an incentive, we will collect and maintain such personally identifiable information, as we are required to maintain or report by virtue of any law or regulation.

Although we do not make it compulsory to give us every item of information the more you volunteer (and the more accurate it is), the better we can tailor projects for you.

System Data

When you visit our site we automatically log your IP address (which identifies your computer on the internet) which is automatically recognised by our web server. We use IP addresses to help us administer the site and to collect broad demographic information for aggregate use (we do not link IP address to personally identifiable information).

We may automatically collect non-personal information such as the type of Internet browsers you use or the site from which you linked to our site. You cannot be identified from this information and it is only used to assist us in providing an effective service on our site. We may from time to time supply the owners or operators of third party sites from which it is possible to link to our site with information relating to the number of users linking to our site from their sites. You cannot be identified from this information.

Information Usage

Aggregate information We may use aggregate information (information that does not personally identify you) collected on this website and through the studies to improve the website and for our market research activities. For example, we may share information with business partners in an aggregate, anonymous form, which means that the shared information will not contain nor be linked to any information that personally identifies you. Individual answers to questions from you may be shared with our business partners, but those answers will not be labelled with, or linked to, your personal information.

Identifiable information In addition, from time to time we may share the information you supply to us to selected traders to enable them to send you offers of their products or services, which may interest you. Where this is the case, we will first give you the opportunity to choose whether to receive any marketing email from us or from another trader in the future when you are first invited to register as a panel member or at the point you choose to register. We also give you the option to unsubscribe from any communications you have signed up for.

We will never share your personal information to any third party without your consent, however, you agree that your information may be transferred to another company in the event that there is a reorganisation, sale or merger of BrainJuicer® or of the division responsible for these services subject to the your information continuing to be used in accordance with the terms of this Privacy Policy.

Other than as described above we will only use personal information (such as your name, email address, phone number and other information that specifically identifies you) for the following reasons: (1) internally at BrainJuicer® to directly contact you regarding the service or respond to your questions sent to us; (2) to compile the aggregate information described above; (3) to enable a vendor to fulfil any incentive or reward which you have elected to receive, such as forwarding your email address to the vendor that will send and redeem a coupon you have received; or (4) if required to release personal information because of a court order, government agency, or by law or for the purposes of prevention of fraud or other crime.

The Use of Cookies on Our Site

We may store some information (commonly known as a 'cookie') on your computer when you look at our site.

Our site uses cookies on the registration and survey forms for technical purposes only. We do not store or retain your cookie information in any way following the entry of these forms. Cookies are used only temporarily during the time you are actively completing a survey or filling out the registration forms. You always have the option to disable cookies while registering or completing a survey without affecting your participation. The only information we maintain in our database is the information you supplied when filling out the registration form. Your help screen should tell you how to do this.

Member Services Area/Update, Correct, Delete Information

We provide you with a Members Area on our site; here you may correct or update your membership information or delete your membership. If you are a Panel member and delete your membership, all your profile information will be removed from our database. If you have a query about your information please contact us as set out below.

By becoming a BrainJuicer® panel member, you agree to receive emails from BrainJuicer® inviting you to participate in BrainJuicer® surveys that we feel may match your experiences and background. You also agree to the automatic establishment of your personal account. From time to time, we will also email BrainJuicer® newsletters to you to make you aware of new features or contests running on our site. You may update your registration information at any time and give BrainJuicer® permission to update the information at any time on your behalf.

Security

The personal information, which we hold will be safeguarded in accordance with our internal technology, and policies which will continue to be updated from time to time.

Data provided through this site is held in the UK and is subject to UK Data Protection law. As part of the services provided through our site the information you provide to us may also be transferred to countries outside the European Economic Area ("EEA"). By way of example, this may happen if any of our servers are from time to time located in a country outside of the EEA. These countries may not have similar data protection laws to the EEA. If we intend to transfer your information outside the EEA (European Economic Area) we will take steps to ensure that your privacy rights continue to be protected

Changes to the Privacy Policy

We reserve the right to change, add, or remove portions from this policy at any time. However, if any change involves a plan to use your personal information in a way that differs from this policy, we will first send you an email to obtain your prior consent.

Terminating Membership

If you no longer wish to be a member of the BrainJuicer® Juicy Brain Panel or participate in the studies, you may request that your personal information be removed from our list of active members at anytime by following the "remove me" procedures in our emails or on the Website. Failure to follow the procedures we have provided could delay the removal of your information. We will promptly process you request, however, there may be a gap between the time when we receive your request and the time when we are able to remove your information from all scheduled communications and lists. Therefore, you may receive a few more emails after requesting to be removed from our lists before the request is processed.

BrainJuicer® also reserves the right to terminate membership at the company's discretion, at any time. In this circumstance, and as long as there are no financial irregularities, BrainJuicer® will pay the member their accumulated rewards* (*must amount to a minimum of £5 and will be paid to the nearest £5 amount).

Third Party Sites

BrainJuicer® is not responsible for the privacy policies and practices of other sites even if these are accessed using links from our site and we recommend that you check the policy of each site you visit.

Terms and Conditions

Use of this website is governed by the provisions contained in the Terms and Conditions. Your use, or access, of the website constitutes your agreement to be bound by these provisions. If you do not agree to these terms and conditions, you may not access or otherwise use the website.
Contact

If you have any questions/comments about privacy, please email us at privacy@brainjuicer.com

 

 
   
 
 
   
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