Terms of Service for Panel Membership Explained

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Are you curious about the terms of Service for panel membership? Wonder what you agree to when you sign up to iOpenUSA? 

This post is for you!

 We’ll go over the critical points in the terms so that you understand

 What we expected of you as a panel member. 

Thanks for reading!

What are the Terms of Service?

They are also known as TOS, which means “Terms of Service” and refers to the rules you have to follow on online platforms and services.

 Before creating an account, nearly every app and website make you agree to their TOS or read their privacy policy page.

Source business insider

We all know that when we sign up for new services and products, the terms of Service are often not looked at, at all. 

But these small rules can significantly impact how you use your favorite websites every day!

terms of service

Panelist Terms

As iOpenUSA is a panel partner of CINT, we use the exact terms of services.

They begin Effective Date on 28 February 2018 up to date.

And consists of 23 clauses:

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1. Applicability; Agreement

These Terms apply in addition to any agreement with the Panel Owner of which you are a part.

These rules will not apply if we already have an existing contract.

 However, they cannot conflict or replace what has been agreed upon beforehand.

 These Terms of Service grant you a limited license to use our Services, but it doesn’t give rights or increase the liability we may have under these terms.

2. Purpose of These Terms

The purpose of these Terms is to set out the general terms and conditions for Your use of the Services, including Your participation in Surveys, 

We manage the relationship between a Survey Owner and a Panel Owner. And act on behalf of a Panel Owner. 

We are also the platform supplier, providing opportunities for Panel Members to participate in Surveys, and other Research Programs, and use other services.

In addition to the above, We may also manage incentives.

3. Panel Membership Eligibility

Membership in the Panel is open to applicants who fit specific criteria, including minimum age and location requirements.

By becoming a Panel Member, you agree to receive research programs and surveys invitations.

These are iOpenUSA Eligibility terms:

  • Membership free.
  • Residents in the USA or colonies are eligible to join(we only accept USA residents).
  • Age: 16 years of age and above.
  • Only one account per member.

4. Panel Registration

 You must register with an email address.

We use the double-opt-in feature, meaning you must validate your account by clicking a link provided to you by the identical mail used to register. 

 And provide certain information about Yourself(Fill out your Profile)

You must provide true and accurate information to participate in our surveys or research programs.

Panel membership is personal and responsible for the individual registering for panel membership. 

You are responsible for keeping any user information and password confidential.

 You are responsible for any use of Your membership account.

5. Conditions for Participation in a Survey, Other Research Program, or Other Services

When You participate in a Survey, You are obligated to comply with these Terms.

  • You agree to provide accurate, correct, and complete information about Yourself. 
  • Suppose We have reason to suspect that your information is invalid. You may not qualify for a Survey; you will not receive any incentives for Your participation.
  •  If a fraudulent behavior is detected, a Panel Owner may terminate Your membership.
  • You are responsible for actions transmitted from Your account.

6. Use of the Services.

Participation in a survey is voluntary. 

The Services are for personal and non-commercial use.

 We reserve the right to restrict or block access to all or any part of the Services without prior notice.

We may at any time refuse to provide the Services to anyone at Our discretion.

You acknowledge that You are accessing, using, and participating in the Services in the capacity of an independent contractor.

 No agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created by these Terms.

7. Unauthorized Use

You agree not to:

  •  Disrupt, interfere with the security of or otherwise abuse the Service or Our Site, a Survey Site, a Panel Site, a Partner Site, or any services, system resources, accounts, servers, or networks connected to or accessible through a Survey or a Survey Site or affiliated or linked sites.
  •  Use spiders, robots, or other automated data mining techniques to catalog, download, store, or otherwise reproduce or distribute data or Content available in connection with the Service or different ways to manipulate the result of a Survey.
  •  Take any action to interfere with Our Site, a Survey Site, a Panel Site, or a Partner Site or an individual’s use of such sites, including, but not limited to, overloading or “crashing” a website.
  •  Send or transmit any viruses, corrupted data, or any other harmful, disruptive, or destructive code, file, or information, including, but not limited to, spyware, malware, and trojans.
  •  Collect any Personal Data of other Users of the Services.
  • Send non-solicited emails, such as promotions and advertisements for products or services.
  •  Open, use, or maintain more than one (1) membership account with a Panel.
  • Use or attempt to use another User’s account without authorization or create an account with a false identity.
  • Attempt to obtain unauthorized access to Our Site.
  •  Forge or mask Your true identity.
  •  Frame a portion(s) of Our Site, a Survey Site, a Panel Site, or a Partner Site and display it on another website or media or alter the appearance of any Survey Site, Panel Site, or Partner Site.
  •  Establish links from a website to Our Site, a Survey Site, a Panel Site, a Partner Site, or the Services, without Our prior written consent.
  •  Post or transmit any threatening, libelous, defamatory, obscene, pornographic, lewd, scandalous, or inflammatory material or Content.
  •  Use any foul, abusive or obscene language on Our Site, in a Surveyor on a Survey Site, a Panel Site, or a Partner Site.
  •  Engage in any fraudulent activity, including, but not limited to, speeding through Surveys, taking the same Survey more than once, submitting false information during the registration process, submitting false or untrue Survey data, redeeming or attempting to redeem incentives through false or fraudulent means, tampering with Surveys and, concerning the use of the Ad Tracking Service, accessing websites or online campaigns with the sole intention to provide a misrepresentative impression of Your online behavior.
  •  Reverse engineer any aspect of a Service, take any acts that might reveal or disclose the source code, or bypass measures or controls utilized to prohibit, restrict or limit access to any web page, Content, or regulations, except as expressly permitted by Applicable Law.
  • Engage in any criminal or illegal act(s) which may link to Our Site, a Survey or a Survey Site, a Panel Site, or a Partner Site.
  •  Use Restricted Content in violation or breach of these Terms.
  •  Encourage and advise any individual, to commit an act in conflict with the Terms.

8. Restricted Content

When You participate in a Survey, You may be exposed to Restricted Content.

 You are not granted any rights to the Restricted Content, and all intellectual property rights are expressly reserved.

 No license to use, reveal, download, copy, distribute, or reproduce (including but not limited to posting to any website, social media, or blog).

Please be advised that it may take legal action if any unauthorized use of the Restricted Content is traced back to You. 

You are at this moment informed and acknowledge that We will fully cooperate with all third-party requests for disclosures (including but not limited to disclosing your identity).

 You are related to claims that You have used Restricted Content to violate these Terms, which We deem legitimate.

You may only participate in a Survey in a manner that does not infringe on Our or a third party’s intellectual property rights.

9. User Content

Content, including photographs, sound, or video recordings, may be considered personal data. 

You are solely responsible for ensuring that Your User Content will not infringe any third party’s intellectual property rights. 

We do not and cannot review all User Content, and We accept no liability for it.

10. Policy on Points-Based Incentive Programs

Suppose You respond to and complete a Survey and participates in another Research Program or other Service. 

In that case, You may earn cash, which you can redeem for various rewards or cash in Our incentive program.

 You do not have to purchase anything to receive cash. 

The money You have earned is personal, and You cannot transfer them to anybody else.

 Your rewards will be valid and redeemable for twenty-four (24) months after your account becomes inactive.

 We may revoke any cash or incentives not redeemed by You.

At the beginning of a Survey, other Research Program, or other Service, You will receive information about the money you may earn.

 We do not accept to be liable or responsible in any manner for tax consequences or duties that may occur as a result of rewards or incentives issued or redeemed.

 If You breach the Terms, You may lose all the points or incentives you have earned. 

We do not accept any liability to You concerning the points You have made.

11. Profile Updates

Panel Members agree to keep their membership profiles updated.

 A Panel Member may update, correct, and delete information contained in their membership profiles.

12. Opt-Out Policy

Panel Members may opt out from using any or all Services (including, without limitation, from receiving Survey invitations, newsletters, or communications) at any time by:

  •   following the unsubscribe procedures described on the Panel Site or contained in an email received from Us.
  •  By sending an email to Our Panel Member services team.

13. Links

In connection with Your use of the Service, You may link or connect to a third-party website.

 Please note that We do not endorse any Third Party Website or products, services, and opportunities advertised, offered, through, or connected with such Third Party Website. 

Please review all policies and terms applicable to such Third Party Websites carefully.

14. Communications with Us

You submit all communications (excluding Personal Data) to Us by electronic mail, which will be treated as non-confidential.

15. Privacy

When you need to communicate with Us or a Panel Owner, we may process your data.

 For information about Cint’s privacy practices and the processing of Your Personal Data, please review the Research Participant Privacy Notice here.

16. Disclaimer

You expressly agree that Your participation in a Survey is at Your sole risk and responsibility.

 To the fullest extent permitted by law, We do not make any warranties that participation in a Survey will be uninterrupted or error-free. 

17. Limitation of Liability

Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, we SHALL NOT BE LIABLE TO YOU IN ANY RESPECT.

INCLUDING WITHOUT LIMITATION, FOR ANY MATTER RELATED TO THESE TERMS, THE SERVICE, OUR SITE, A SURVEY, A PANEL SITE, A PARTNER SITE, OR FOR ANY SUBMISSIONS YOU MAKE, OR FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, RELIANCE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, LOSS OF EXPECTED SAVINGS, OR ANY OTHER NON-DIRECT DAMAGES.

WHETHER OR NOT WE HAVE BEEN ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF SUCH DAMAGES.

The limitation of liability and the disclaimer in these Terms shall apply regardless of the form of action, whether in contract, warranty, delict, quasi-delict, strict liability, negligence, or other torts, and shall survive a fundamental breach or breaches or the failure of the essential purpose of the contract or the loss of an exclusive remedy.

18. Indemnification

You agree to fully and effectively indemnify, defend, and hold Us harmless from and against any damages, expenses, liabilities, and losses of any kind.

Including legal fees arising, whether directly or indirectly, from any breach caused by You of the Terms and services.

19. Changes

We at this moment reserve the right, at Our sole discretion, to make changes to these Terms. 

We encourage you to review these Terms on an ongoing basis.

 We will obtain your consent before changes that are of such nature that permission is needed or required. 

Changes that do not require consent, your continued use of, access to, and participation in the Services do and will constitute your acceptance of these Terms as amended.

20. Compliance with Applicable Law

You acknowledge and agree that You shall at all times comply with Applicable Law when You respond to a Survey, participate in another Research Program, or otherwise use the Service.

21. Suspension, Termination, and De-Activation

We may, without notice, suspend and terminate Your use and access to the Service or Your membership with a Panel.

 If You are in breach of these Terms or unlawfully use the Service 

Or otherwise act in a manner that is, at Our sole discretion, unacceptable to Us, a Survey Owner, Panel Owner, or a Partner. 

If We terminate Your right to use the Service and if Your Panel membership is terminated: 

  •  You forfeit all rights, title, and interest in and to all unredeemed rewards, incentives, or prizes, effective upon termination.
  •  Your Panel membership will immediately be canceled.
  •  Access to and use of the Service will immediately cease.
  •  Will not be allowed to participate in any future Surveys offered through the Service.

Furthermore, We reserve the right to de-activate Your Panel membership account:

  1. If You are no longer an Active Panelist.
  2. If We receive a hard bounce or delivery failure notice in Our email communication with Your email account.
  3. If We receive a “mailbox full” reply notice three (3) times in Our email communication to Your email account.

In the event of a deactivation, termination by You, or termination by Us, You forfeit any incentives that You have earned.

22. Severability and Assignment

Suppose that any term or provision of these Terms is void or unenforceable for any reason whatsoever.

 In that case, such a term or condition shall be deemed severable from the remainder of these Terms. 

The rest of these Terms shall be construed and interpreted without reference to the unenforceable term.

You may not assign these Terms without Our prior written consent, which may withhold at Our sole discretion. 

You agree that We may give these Terms at any time to anyone.

23. Governing Law, Jurisdiction, and Legal Venue

Any disputes arising from or in connection with these Terms, including any questions regarding its existence, validity, or termination, shall be referred to Stockholm county court (Sw. Stockholms tingsrätt).

And it is governed by the laws of Sweden regarding any choice of law principles that might apply to a different jurisdiction’s laws.

Definitions

When used in these Terms, the following terms and expressions shall have the following meanings.

“Active Panelist” refers to a Panel Member that has:

  1. Participated in a Survey.
  2. Other Research Program.
  3. Other parts of the Service, at least, once over the last twelve (12) months.
  4. Updated their profile or member information at least once in twelve (12) months.

“Market Research Tracking Service” refers to a Service accepted by a User that may track the online behavior of such Users.

“Applicable Law” refers to applicable national and local laws and regulations.

“Client” refers to Our clients to whom We provide services.

“Content” refers to the information on Our Site, a Survey Site, a Panel Site, or a Partner Site.

“Panel” refers to a group of individuals who have agreed to be invited to and participate in market research Surveys, other Research Programs, or other parts of the Services for market research.

“Panel Member” refers to a member of a Panel.

“Panel Owner” refers to the owner of a Panel and a Panel Site that You are a Panel Member.

“Panel Site” refers to a website where individuals can register to become Panel Members.

“Partner” refers to one of Our partners, including Panel Owners and other partners.

“Partner Site” refers to a website operated by one of our Partners.

“Participant” refers to an individual who is not a Panel Member, directed to a Survey, other Research Program, or other parts of the Services by one of Our Partners.

“Personal Data” means any information relating to an identified or identifiable natural person (“Data Subject”).

 An identifiable natural person can be identified or traced, directly or indirectly, by reference to an identifier either alone or when combined with other personal or identifying information.

 Personal Data can include name, social security number, date, place of birth, mother’s maiden name, biometric records, photographs, sound or video recording, and other information.

That is linked to an individual’s medical, educational, financial, and employment information.

 (NOTE: Personal Data may also be referred to as Personally Identifiable Information or PII.)

“Research Program” refers to a research opportunity other than a Survey.

“Restricted Content” refers to confidential and proprietary information, materials, products, and Content belonging to Us and a Panel Owner, a Survey Owner, a Client, a Partner, or a licensor.

“Service” refers to the Service provided by Us that permits You, as a Panel Member or a Participant, to participate in

  • A Panel or a Survey
  • Other research programs
  • Any other service provided by Us and used by You, such as a Market Research Tracking Service.

“Submissions” refers to all comments, feedback, suggestions, ideas, and other information that You submit or We collect.

 When You participate in a Panel, respond to a Survey or other Research Program, or use a Service.

“Survey Owner” refers to the owner of a Survey, which typically is a Client.

“Survey Site” refers to the website where You respond to and complete a Survey.

“Surveys” refers to market research surveys made available by Us to You.

“Third Party Websites” refers to websites maintained and operated by third parties.

“User” refers to You as an individual when You use the Service.

“User Content” refers to all Content, materials, information, and comments. Your use, upload, post, submit or collect.

When You use the Service, including information received through Ad Tracking Service, such as Internet usage pattern data.

“You, “Yourself, “Your,” and “Yours” refer to you as an individual.

“We, “Us, “Our,” and “Cint” refer to the Swedish entity Cint AB reg. No. 556559-8769.

Conclusion

I hope you found this article helpful and learned the terms of Service of our surveys panel. 

If so, please share it so others can benefit from the info. Thanks