The Harris Panel, and any of its subpanels, (collectively, the “Panel”), is owned and operated by The Nielsen Company (US), LLC (collectively with its affiliates, subsidiaries and divisions, "Nielsen" and together with the Panel, "we" or "us"). The terms and conditions set forth below (this “Agreement”) govern and apply to: (i) your membership in the Panel, (ii) your use of any Panel website (each a “Site” and collectively, the “Sites”) and (iii) your participation in any survey, project, questionnaire or other market research activity offered through the Panel (each a, "Research Activity" and collectively, the “Research Activities”). By participating in the Panel, you represent that you are eligible to participate and agree to be bound this Agreement.
1. Eligibility for Membership
This service is open to individuals who are 18 years of age and older or to minors who are 13 years of age and older in the U.S. and Canada and 14 years of age or older in all other countries. If you do not qualify, please do not use our services. We may refuse services to anyone at any time, in its sole discretion. Some surveys may require your agreement with additional terms, in which case you may be directed to an End User License Agreement or other additional terms of a third party partner.
2. Limitations of Membership, Non-Transferability
Membership is limited to one per individual and is also limited to one per household. Multiple individual entries across multiple email accounts are prohibited and subject to immediate cancellation, and will render void all HIpoints or any cash incentives due. Panel 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. HIpoints and any other rewards are awarded to individual members and are not transferable. HIpoints are not considered to be property and therefore cannot be sold, transferred, or assigned to another member or individual under any circumstances.
3. Honest and Accurate Disclosures; Submissions
You, as a member of the 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. If you provide any information that is untrue, inaccurate or not current to us or one of its agents, or if we or one of our agents has reasonable grounds to suspect such information is untrue, inaccurate or not current, we have the right to terminate your membership and refuse any and all current or future access to, or use of the Site, including the immediate forfeiture of any HIpoints and other rewards or prizes.
All remarks, suggestions, ideas, graphics, or other information communicated to us by you through the Site or in connection with your participation in the Panel or any Research Activity (each, a "Submission") will, upon communication, give us the right to use the Submission. We will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including, without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our or our client’s future operations or any Site contents. Except as noted below in this paragraph, Nielsen will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. You are prohibited from posting or transmitting to or from this site any unlawful, threatening, libelous, defamatory, obscene, pornographic, infringing or other material that would violate any law. If applicable, we reserve the right to delete, move or edit messages that it, in our sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable, and you waive any moral rights you may have in having the material altered or changed in a manner not agreeable to you.
4. Notification of Changes in Personal & Other Information
You agree as a member of the Panel to promptly notify us of any changes in personal and other information including but not limited to name, mailing address, phone number, e-mail address, and demographic information by updating such information on the Site.
5. Zero Tolerance of Abuse or Fraud
Members agree to abide by and not abuse their benefits and privileges as Panel members. Such abuses include, but are not limited to attempts to earn HIpoints or redeem HIpoints in any manner that conflicts with the intent of this Agreement, or the terms and conditions of the HIpoints program. Other examples include any fraudulent methods for earning points or other incentives, redeeming or purchasing points, tampering with surveys or links.
6. 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. Members are solely responsible for any loss of points or other fraudulent activities associated with sharing your password.
We may, from time to time, request additional information from you in order to authenticate your membership. We may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership, if you breach this Agreement or if we are unable to verify or authenticate any information you provide to us.
Our privacy and cookie notice, is incorporated herein by reference.
9. Respondent Confidentiality
By becoming a member of the Panel, you agree that you will hold in strict confidence and not disclose to any other parties information learned in connection with Research Activity. You agree you will use the information contained in any Research Activity strictly for the purpose of discussing and providing market research related data to us or our agents. You shall notify us through the SurveyHelp Deskshould you discover any loss or unauthorized disclosure of the information. The kind of information you may learn in connection with a Research Activity includes trade secrets, proprietary information, media content, unique techniques, sketches, drawings, works of authorship, models, inventions, know-how, research, experimental work, development, design details and specifications, sales and merchandising plans and other information provided relating to third parties.
10. Membership Cancellation
Membership in the Panel is voluntary and may be terminated at will. There is no obligation or requirement to remain a member of the Panel. You may terminate your membership at any time by following the steps contained in the FAQ page of the Panel Membership Site, or by contacting us directly (see Contact Us). Please be aware that in order to successfully unsubscribe from the Panel you may be required to unsubscribe from other third party sites to which you subscribed as part of your participation in the Panel. Any accrued HIpoints or other pending rewards are forfeited the moment you cancel your membership with the Panel. Panel members may not earn HIpoints after cancellation.
11. Suspension, Termination or Expiration
Without limiting any other remedies, we may suspend or terminate your Panel membership, cancel your HIpoints account, eliminate the HIpoints you have accumulated, or any of the foregoing, in our sole discretion, if you fail to abide by this Agreement or participate in any other conduct that is detrimental to us, the Panel or the Panel community. We shall be the sole determiner in cases of suspected abuse, fraud, or violation of its rules and any decision we makes relating to termination of Panel membership (including cancellation of HIpoints) shall be final and binding.
If the email address you used for registering with the Panel no longer accepts emails from us (bounce backs, auto-replies), your Panel account will immediately be canceled and your HIpoints will be forfeited.
We also reserve the right to terminate your Panel membership if it is "inactive", meaning that you have not participated in a Research Activity for a period of twelve (12) months. Upon your account becoming "inactive," all HIpoints will be immediately forfeited.
Should you object to this Agreement, or any subsequent modifications thereto, or become dissatisfied with the Panel program, your only recourse is to immediately discontinue participation in the program and terminate your membership.
We do not have any obligation to reinstate any forfeited HIpoints.
12. Disclaimer of Warranties
Panel members expressly agree the use of the Site and the HIpoints program is at their own risk. All services are provided by us on a strictly "as is" and "as available" basis. We disclaim any and all express and implied warranties, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty with regard to any products, services or rewards obtained through HIpoints and/or the Panel’s agents that HIpoints will meet member requirements. Nor do we or the Panel make any warranty as to the results or values that may be obtained from the use of HIpoints or as to the accuracy, efficiency, or reliability of any information obtained by us. We shall not be liable or responsible for any guarantees, warranties, and representations, if any, offered by Panel partners, suppliers of services, or manufacturers of products/merchandise. No advice or information, whether oral or written, obtained by you from us shall constitute or create any warranty not expressly made herein.
13. Limitation of Liability
Nielsen shall in no event be liable for the loss of profits, goodwill or other special or consequential damages suffered by the members of the Panel, clients, or others as a result of our performance or non-performance under this Agreement whether or not the possibility of such damages was disclosed to Nielsen or could have been reasonably foreseen by us.
Nielsen is neither responsible nor liable for any damages, whether direct, indirect, incidental, special or consequential, or losses that result from participation in the Research Activities offered to Panel members, or the HIpoints program, or reliance on or use of information, services, or merchandise provided on or through HIpoints except where such liability is mandated by law.
NIELSEN’S LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF ANY REWARDS OR FEES WE PAY TO YOU IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) US$100.00. Some states/countries do not allow the limitation of liability, so the foregoing limitation may not apply to you.
You accept all responsibility for, and hereby indemnify and hold harmless Nielsen and its affiliates, subsidiaries and divisions and their respective members, managers, shareholders, officers, directors employees, representatives and agents from and against, any actions taken by any user authorized to use your account, including but not limited to responses to Research Activities offered, accumulation of HIpoints, redemption of HIpoints, and disclosure of passwords to third parties. You further agree to indemnify and hold us, our representatives, officers, agents, directors and employees harmless from any claim, demand, expense or damage, including reasonable attorneys' fees relating to any Submission or use of the Panel, the Site, HIpoints and intentional or negligent abuse or violation of this Agreement.
15. Third Party Sites and Content
16. Intellectual Property Rights
The names, logos, icons, and graphics used on the Site in connection with or identifying the products or services of the Panel, any other content or material embodying or consisting of patentable or copyrightable work on the Site are proprietary marks of Nielsen. All other trademarks and or copyrights appearing on the Site are the property of their respective owners, and unless otherwise stated, are not affiliated with us.
The content of the Panel and the Site is intended for the personal, noncommercial employment 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 our intellectual property.
17. General Compliance with Laws
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Panel and the Site.
18. No Agency
You and the Panel are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, any notices shall be given here (in the case of the Panel) or to the email address you provide to us during the registration process (in your case), or such other address as the party shall specify. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the survey process. In such case, notice shall be deemed given 3 days after the date of mailing.
Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York County, New York, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in New York County, New York necessary to protect the rights or property of you or us pending the completion of arbitration.
This Agreement shall be governed in all respects by the laws of the State of New York without giving effect to that state’s provisions regarding conflicts of laws. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. If you do not agree with this Agreement, or any future modifications to this Agreement, your sole and exclusive recourse is to cancel your Panel account. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
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