mmm40
6-20-2006, 1:20 PM
http://www.brainjuicer.com/
www.BRI.JuicyBrainsPanel.com
his website (the "Site") is hosted and maintained by BrainJuicerŽ, Inc. ("BrainJuicerŽ") for and on behalf of Procter & Gamble.
IMPORTANT: Your use of this Site and your membership to the BRI Juicy Brains Panel are governed by the provisions contained in these Terms and Conditions and all other operating rules, policies and procedures that may be published from time to time on this Site by BrainJuicerŽ (the "Terms "). Please read these Terms carefully. By ticking "I agree" during registration, you agree to the Terms in their entirety, without modification. If you do not agree to Section A or B of these Terms you must not proceed with any registration to become a BRI Juicy Brains panelist, and if you do not agree to Section B of these Terms, you may not access or otherwise use the Site in any capacity. By proceeding with registration to become a BRI Juicy Brains panelist, you agree to be bound by Sections A and B of these Terms, and by accessing or otherwise using the Site, you agree to be bound by Section B of these Terms.
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 panelist (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: the first deals with Terms relevant where you sign up as a BRI Juicy Brains panelist, and the second, is relevant to all users of the Site (whether you register as a panelist or not). BRI Juicy Brains panelists are those who have registered with BrainJuicerŽ, given various information about themselves, with a view to being given the chance to complete market research surveys sent to them by BrainJuicerŽ or its customers and in these Terms, those panelists are called "Members".
The Site is available only to individuals who are at least 18 years old. If you do not so qualify, do not attempt to register as a panelist or to access or otherwise use the Site. BrainJuicerŽ may refuse to offer the Site to any person or entity and may change its eligibility criteria, at any time, in its sole discretion.
SECTION A: MEMBER TERMS
In consideration of BrainJuicerŽ'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 the 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 BrainJuicerŽ; Ownership and use of your suggestions and ideas
You agree that BrainJuicerŽ 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, and other materials which you (or anyone else using your user name and password) may transmit via the Site, provided that personal or other data provided by BRI Juicy Brains panelists in responding to any BrainJuicerŽ survey shall be owned by Procter & Gamble (which text, etc. we refer to collectively as "Member Input" in these Terms), and you hereby make and agree to make all assignments necessary to accomplish the foregoing ownership.
BrainJuicerŽ's and Procter & Gamble's ownership of these intellectual property rights in Member Input will continue after you cease to be a user of the Site and/or Member.
You agree promptly to do anything (including signing documents) at BrainJuicerŽ's or, if applicable, Procter & Gamble's expense (to the extent those expenses are reasonable) which such party thinks is necessary to perfect or confirm the ownership of intellectual property rights in Member Input, or to help BrainJuicerŽ or, if applicable, Procter & Gamble apply for patent, trade mark or other intellectual property protection. You hereby irrevocably designate and appoint BrainJuicerŽ or, if applicable, Procter & Gamble and its officers as your agents and attorneys-in-fact to act for and in your behalf to execute and file any document and to do all other lawfully permitted acts to further the foregoing with the same legal force and effect as if executed by you.
You agree to keep any inventions forming part of Member Input confidential.
Except to the extent expressly covered by the Privacy Policy, BrainJuicerŽ or, if applicable, Procter & Gamble 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 or other consideration.
BrainJuicerŽ's right to use (and to allow others to use) Member Input includes being able to reproduce, disclose, transmit, publish, broadcast, post, transfer, sublicense, assign and apply for intellectual property registrations for Member Input, and to develop, manufacture and market products and services based on Member Input, provided that neither BrainJuicerŽ nor Procter & Gamble will divulge personal or other data provided by BRI Juicy Brains panelists in responding to any BrainJuicerŽ survey and which is owned by Procter & Gamble.
You agree to complete each survey sent to you by BrainJuicerŽ completely, honestly and in good faith.
3. Incentives
BrainJuicerŽ will offer rewards or incentives in return for you properly and fully completing surveys for which you are selected in accordance with BrainJuicerŽ'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 BrainJuicerŽ's choosing.
Where the reward is entry into a prize draw, you agree to comply with the terms and conditions relating to such draw that are posted at this Site or otherwise 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 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 BrainJuicerŽ or by the online vendor will result in loss of the reward.
BrainJuicerŽ reserves the right to withhold payment of incentives if falsely earned as adjudicated by the BRI Juicy Brains panel manager.
4. No guarantee you will make money
Registration to the BRI Juicy Brains panel will make you eligible for, but does not guarantee inclusion in, forthcoming consumer research studies. As compensation for registering $2 will be credited to your BRI Juicy Brains Account. Participation in Online BRI Juicy Brains, panel allows you to increase credits in this account which can be redeemed for Amazon certificates whenever you pass a $10 threshold.
BrainJuicerŽ will use reasonable efforts to match surveys requested by its customers with Members whose registration information indicates they are suitable, but you accept that:
* BrainJuicerŽ 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 BRI JUICY BRAINS PANELIST 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; or
* 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 and other materials and content are the intellectual property of, or are authorized for use by, BrainJuicerŽ 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 BrainJuicerŽ. Except as expressly permitted in these terms and conditions, you may not sell, license, rent, modify, copy, reproduce, create derivative works of, republish, display, upload, post, transmit, or distribute in any way content available on this Site without the prior written consent of BrainJuicerŽ. Any rights not expressly granted herein are reserved.
BRAINJUICERŽ, is the registered trademark of BrainJuicerŽ in the UK, Europe, the United States and/or other countries. Other BrainJuicerŽ marks, graphics, logos, page headers, button icons, scripts noted on the Site are BrainJuicerŽ's service marks, trademarks and trade dress and are the sole and exclusive property of BrainJuicerŽ. BrainJuicerŽ's service marks, trademarks and trade dress may not be used in any manner not expressly permitted by BrainJuicerŽ in writing. All other trademarks not owned by BrainJuicerŽ 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 BrainJuicerŽ.
Any unauthorized use of this Site is expressly prohibited. You agree not to use the Site for any purpose that is unlawful or prohibited by these Terms or any other purpose not reasonably intended by BrainJuicerŽ. Without limiting the foregoing, 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 BrainJuicerŽ survey any threatening, harassing, libelous, defamatory, deceptive, fraudulent, obscene, scandalous, or inflammatory material or any material that could otherwise violate any applicable law.
* Upload, post, submit or otherwise distribute or facilitate distribution of any content using any service available through the Site that infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any party.
* Upload, post, submit or otherwise distribute or facilitate distribution of any content using any service available through the Site that contains software viruses or any other computer codes, files or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, data, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data or other information of BrainJuicerŽ or any third party; or
* Impersonate any person or entity, including any employee or representative of BrainJuicerŽ.
BrainJuicerŽ may, at its sole discretion, immediately terminate your access to the Site should your conduct fail to conform strictly with any provision of this Section.
3. Third-Party Information and Websites
This Site may contain: (i) links to other websites not maintained by BrainJuicerŽ; or (ii) information about products or services of third parties. BrainJuicerŽ 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 BrainJuicerŽ 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. BrainJuicerŽ is not responsible for the accuracy, legality, appropriateness or any other aspect of the content or function of such third party sites. 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 BrainJuicerŽ.
4. Privacy
BrainJuicerŽ takes the privacy of you and your information very seriously. For further information about how we use information collected from you, please view the Privacy Policy.
5. IMPORTANT WARRANTY DISCLAIMERS
The Site, including all content or services made available on or accessed through the Site, is provided "as is" and "as available," without warranty of any kind, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. BRAINJUICERŽ DOES NOT WARRANT THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED, OR THAT THE SITE (AND ITS CONTENT AND SERVICES) (A) ARE TIMELY, ACCURATE, COMPLETE, RELIABLE OR CORRECT, (B) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR (C) WILL MEET YOUR REQUIREMENTS.
6. LIMITATIONS OF LIABILITY
YOUR USE OF THE SITE, INCLUDING ALL CONTENT OR SERVICES MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS SOLELY AT YOUR OWN RISK. IN NO EVENT SHALL BRAINJUICERŽ AND ITS AFFILIATES, LICENSORS AND CUSTOMERS BE LIABLE CONCERNING THE SUBJECT MATTER OF THIS AGREEMENT, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) MATTER BEYOND ITS REASONABLE CONTROL, (B) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES, (C) INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL, OR (D) DAMAGES IN THE AGGREGATE IN EXCESS OF $25, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.
SOME STATES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
7. 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.
8. Indemnification
You agree to defend, indemnify, and hold harmless BrainJuicerŽ against all claims, expenses, liabilities, losses, costs, and damages, including reasonable legal fees, that BrainJuicerŽ 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.
9. Integration and Severability
These Terms are the entire agreement between you and BrainJuicerŽ with respect to the Site and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and BrainJuicerŽ with respect to this Site. 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.
10. Governing Law
All matters relating to your access to and use of the Site shall be governed by New York law.
11. Termination
BrainJuicerŽ may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately. In this circumstance, and as long as there are no financial irregularities, BrainJuicerŽ will pay the member their accumulated rewards* (*must amount to a minimum of $10 and will be paid to the nearest $10 amount).
12. Miscellaneous
These Terms are personal to you, and are not assignable, transferable or sublicensable by you except with BrainJuicerŽ's prior written consent. BrainJuicerŽ may assign, transfer or delegate any of its rights and obligations hereunder without consent. All waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms, the prevailing party will be entitled to recover costs and attorneys' fees.
13. Questions
If you have any questions regarding these Terms, please contact BrainJuicerŽ at legal@<hidden>
Privacy Policy
We are committed to protecting your privacy. Please take time to review this Privacy Policy carefully as it tells you how your personal information will be treated by us. (This Privacy Policy does not apply to the practices of third parties that BrainJuicerŽ does not own or control, or to individuals that BrainJuicerŽ does not employ or manage.) By accessing or otherwise using the Site, you are accepting the practices outlined in this Privacy Policy.
Because the Site is hosted and maintained by BrainJuicerŽ for and on behalf of Procter & Gamble, your personal information will be handled in accordance with Procter & Gamble's Online Privacy Statement, which may be viewed at http://pg.com/privacy/english/privacy_notice.html.
Member Services Area/Update, Correct, Delete Information
We provide you with a Members Area on our Site; here you may view, 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 BRI Juicy Brains panel member, you agree to receive emails from BrainJuicerŽ inviting you to participate in BrainJuicerŽ 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 BrainJuicerŽ 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 BrainJuicerŽ 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.
Terminating Membership
If you no longer wish to be a member of the BRI Juicy Brains 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 Site. Failure to follow the procedures we have provided could delay the removal of your information. We will promptly process your 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.
Third Party Sites
BrainJuicerŽ 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 Site is governed by the provisions contained in the Terms and Conditions. Your use, or access, of the Site constitutes your agreement to be bound by those provisions. If you do not agree to those Terms and Conditions, you may not access or otherwise use the Site.
Contact
If you have any questions/comments about privacy, please email us at pg-privacy@<hidden>
www.BRI.JuicyBrainsPanel.com | www.BrainJuicer.com
www.BRI.JuicyBrainsPanel.com
his website (the "Site") is hosted and maintained by BrainJuicerŽ, Inc. ("BrainJuicerŽ") for and on behalf of Procter & Gamble.
IMPORTANT: Your use of this Site and your membership to the BRI Juicy Brains Panel are governed by the provisions contained in these Terms and Conditions and all other operating rules, policies and procedures that may be published from time to time on this Site by BrainJuicerŽ (the "Terms "). Please read these Terms carefully. By ticking "I agree" during registration, you agree to the Terms in their entirety, without modification. If you do not agree to Section A or B of these Terms you must not proceed with any registration to become a BRI Juicy Brains panelist, and if you do not agree to Section B of these Terms, you may not access or otherwise use the Site in any capacity. By proceeding with registration to become a BRI Juicy Brains panelist, you agree to be bound by Sections A and B of these Terms, and by accessing or otherwise using the Site, you agree to be bound by Section B of these Terms.
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 panelist (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: the first deals with Terms relevant where you sign up as a BRI Juicy Brains panelist, and the second, is relevant to all users of the Site (whether you register as a panelist or not). BRI Juicy Brains panelists are those who have registered with BrainJuicerŽ, given various information about themselves, with a view to being given the chance to complete market research surveys sent to them by BrainJuicerŽ or its customers and in these Terms, those panelists are called "Members".
The Site is available only to individuals who are at least 18 years old. If you do not so qualify, do not attempt to register as a panelist or to access or otherwise use the Site. BrainJuicerŽ may refuse to offer the Site to any person or entity and may change its eligibility criteria, at any time, in its sole discretion.
SECTION A: MEMBER TERMS
In consideration of BrainJuicerŽ'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 the 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 BrainJuicerŽ; Ownership and use of your suggestions and ideas
You agree that BrainJuicerŽ 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, and other materials which you (or anyone else using your user name and password) may transmit via the Site, provided that personal or other data provided by BRI Juicy Brains panelists in responding to any BrainJuicerŽ survey shall be owned by Procter & Gamble (which text, etc. we refer to collectively as "Member Input" in these Terms), and you hereby make and agree to make all assignments necessary to accomplish the foregoing ownership.
BrainJuicerŽ's and Procter & Gamble's ownership of these intellectual property rights in Member Input will continue after you cease to be a user of the Site and/or Member.
You agree promptly to do anything (including signing documents) at BrainJuicerŽ's or, if applicable, Procter & Gamble's expense (to the extent those expenses are reasonable) which such party thinks is necessary to perfect or confirm the ownership of intellectual property rights in Member Input, or to help BrainJuicerŽ or, if applicable, Procter & Gamble apply for patent, trade mark or other intellectual property protection. You hereby irrevocably designate and appoint BrainJuicerŽ or, if applicable, Procter & Gamble and its officers as your agents and attorneys-in-fact to act for and in your behalf to execute and file any document and to do all other lawfully permitted acts to further the foregoing with the same legal force and effect as if executed by you.
You agree to keep any inventions forming part of Member Input confidential.
Except to the extent expressly covered by the Privacy Policy, BrainJuicerŽ or, if applicable, Procter & Gamble 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 or other consideration.
BrainJuicerŽ's right to use (and to allow others to use) Member Input includes being able to reproduce, disclose, transmit, publish, broadcast, post, transfer, sublicense, assign and apply for intellectual property registrations for Member Input, and to develop, manufacture and market products and services based on Member Input, provided that neither BrainJuicerŽ nor Procter & Gamble will divulge personal or other data provided by BRI Juicy Brains panelists in responding to any BrainJuicerŽ survey and which is owned by Procter & Gamble.
You agree to complete each survey sent to you by BrainJuicerŽ completely, honestly and in good faith.
3. Incentives
BrainJuicerŽ will offer rewards or incentives in return for you properly and fully completing surveys for which you are selected in accordance with BrainJuicerŽ'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 BrainJuicerŽ's choosing.
Where the reward is entry into a prize draw, you agree to comply with the terms and conditions relating to such draw that are posted at this Site or otherwise 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 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 BrainJuicerŽ or by the online vendor will result in loss of the reward.
BrainJuicerŽ reserves the right to withhold payment of incentives if falsely earned as adjudicated by the BRI Juicy Brains panel manager.
4. No guarantee you will make money
Registration to the BRI Juicy Brains panel will make you eligible for, but does not guarantee inclusion in, forthcoming consumer research studies. As compensation for registering $2 will be credited to your BRI Juicy Brains Account. Participation in Online BRI Juicy Brains, panel allows you to increase credits in this account which can be redeemed for Amazon certificates whenever you pass a $10 threshold.
BrainJuicerŽ will use reasonable efforts to match surveys requested by its customers with Members whose registration information indicates they are suitable, but you accept that:
* BrainJuicerŽ 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 BRI JUICY BRAINS PANELIST 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; or
* 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 and other materials and content are the intellectual property of, or are authorized for use by, BrainJuicerŽ 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 BrainJuicerŽ. Except as expressly permitted in these terms and conditions, you may not sell, license, rent, modify, copy, reproduce, create derivative works of, republish, display, upload, post, transmit, or distribute in any way content available on this Site without the prior written consent of BrainJuicerŽ. Any rights not expressly granted herein are reserved.
BRAINJUICERŽ, is the registered trademark of BrainJuicerŽ in the UK, Europe, the United States and/or other countries. Other BrainJuicerŽ marks, graphics, logos, page headers, button icons, scripts noted on the Site are BrainJuicerŽ's service marks, trademarks and trade dress and are the sole and exclusive property of BrainJuicerŽ. BrainJuicerŽ's service marks, trademarks and trade dress may not be used in any manner not expressly permitted by BrainJuicerŽ in writing. All other trademarks not owned by BrainJuicerŽ 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 BrainJuicerŽ.
Any unauthorized use of this Site is expressly prohibited. You agree not to use the Site for any purpose that is unlawful or prohibited by these Terms or any other purpose not reasonably intended by BrainJuicerŽ. Without limiting the foregoing, 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 BrainJuicerŽ survey any threatening, harassing, libelous, defamatory, deceptive, fraudulent, obscene, scandalous, or inflammatory material or any material that could otherwise violate any applicable law.
* Upload, post, submit or otherwise distribute or facilitate distribution of any content using any service available through the Site that infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any party.
* Upload, post, submit or otherwise distribute or facilitate distribution of any content using any service available through the Site that contains software viruses or any other computer codes, files or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, data, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data or other information of BrainJuicerŽ or any third party; or
* Impersonate any person or entity, including any employee or representative of BrainJuicerŽ.
BrainJuicerŽ may, at its sole discretion, immediately terminate your access to the Site should your conduct fail to conform strictly with any provision of this Section.
3. Third-Party Information and Websites
This Site may contain: (i) links to other websites not maintained by BrainJuicerŽ; or (ii) information about products or services of third parties. BrainJuicerŽ 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 BrainJuicerŽ 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. BrainJuicerŽ is not responsible for the accuracy, legality, appropriateness or any other aspect of the content or function of such third party sites. 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 BrainJuicerŽ.
4. Privacy
BrainJuicerŽ takes the privacy of you and your information very seriously. For further information about how we use information collected from you, please view the Privacy Policy.
5. IMPORTANT WARRANTY DISCLAIMERS
The Site, including all content or services made available on or accessed through the Site, is provided "as is" and "as available," without warranty of any kind, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. BRAINJUICERŽ DOES NOT WARRANT THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED, OR THAT THE SITE (AND ITS CONTENT AND SERVICES) (A) ARE TIMELY, ACCURATE, COMPLETE, RELIABLE OR CORRECT, (B) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR (C) WILL MEET YOUR REQUIREMENTS.
6. LIMITATIONS OF LIABILITY
YOUR USE OF THE SITE, INCLUDING ALL CONTENT OR SERVICES MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS SOLELY AT YOUR OWN RISK. IN NO EVENT SHALL BRAINJUICERŽ AND ITS AFFILIATES, LICENSORS AND CUSTOMERS BE LIABLE CONCERNING THE SUBJECT MATTER OF THIS AGREEMENT, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) MATTER BEYOND ITS REASONABLE CONTROL, (B) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES, (C) INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL, OR (D) DAMAGES IN THE AGGREGATE IN EXCESS OF $25, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.
SOME STATES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
7. 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.
8. Indemnification
You agree to defend, indemnify, and hold harmless BrainJuicerŽ against all claims, expenses, liabilities, losses, costs, and damages, including reasonable legal fees, that BrainJuicerŽ 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.
9. Integration and Severability
These Terms are the entire agreement between you and BrainJuicerŽ with respect to the Site and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and BrainJuicerŽ with respect to this Site. 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.
10. Governing Law
All matters relating to your access to and use of the Site shall be governed by New York law.
11. Termination
BrainJuicerŽ may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately. In this circumstance, and as long as there are no financial irregularities, BrainJuicerŽ will pay the member their accumulated rewards* (*must amount to a minimum of $10 and will be paid to the nearest $10 amount).
12. Miscellaneous
These Terms are personal to you, and are not assignable, transferable or sublicensable by you except with BrainJuicerŽ's prior written consent. BrainJuicerŽ may assign, transfer or delegate any of its rights and obligations hereunder without consent. All waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms, the prevailing party will be entitled to recover costs and attorneys' fees.
13. Questions
If you have any questions regarding these Terms, please contact BrainJuicerŽ at legal@<hidden>
Privacy Policy
We are committed to protecting your privacy. Please take time to review this Privacy Policy carefully as it tells you how your personal information will be treated by us. (This Privacy Policy does not apply to the practices of third parties that BrainJuicerŽ does not own or control, or to individuals that BrainJuicerŽ does not employ or manage.) By accessing or otherwise using the Site, you are accepting the practices outlined in this Privacy Policy.
Because the Site is hosted and maintained by BrainJuicerŽ for and on behalf of Procter & Gamble, your personal information will be handled in accordance with Procter & Gamble's Online Privacy Statement, which may be viewed at http://pg.com/privacy/english/privacy_notice.html.
Member Services Area/Update, Correct, Delete Information
We provide you with a Members Area on our Site; here you may view, 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 BRI Juicy Brains panel member, you agree to receive emails from BrainJuicerŽ inviting you to participate in BrainJuicerŽ 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 BrainJuicerŽ 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 BrainJuicerŽ 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.
Terminating Membership
If you no longer wish to be a member of the BRI Juicy Brains 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 Site. Failure to follow the procedures we have provided could delay the removal of your information. We will promptly process your 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.
Third Party Sites
BrainJuicerŽ 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 Site is governed by the provisions contained in the Terms and Conditions. Your use, or access, of the Site constitutes your agreement to be bound by those provisions. If you do not agree to those Terms and Conditions, you may not access or otherwise use the Site.
Contact
If you have any questions/comments about privacy, please email us at pg-privacy@<hidden>
www.BRI.JuicyBrainsPanel.com | www.BrainJuicer.com