Terms and Conditions

IMPORTANT:

OpinionBar carries out surveys using the members of the OpinionBar Research Panel (the "Research Panel"). The terms, conditions, and guidelines that are tied to becoming a member of the Research Panel and the use of the OpinionBar Services, the OpinionBar Software, and the related services (the "Services") that are made available to the members of the Research Panel ("Panel Members") are stated in these terms for participation in the OpinionBar Research Panel. ("TERMS").

By participating in an OpinionBar market research survey, you agree to comply with the terms, conditions, and guidelines in these TERMS.

Please note that OpinionBar may change these TERMS at any time without notice and that such changes come into effect on the date that such changed TERMS are made available on the OpinionBar website at http://www.OpinionBar.com. Your participation in a survey after such changes have come into effect, implies that you accept all changes.

Participation in surveys and membership to OpinionBar is free and open to everyone of 14 years of age or older who agrees to our TERMS.


1. RESPONSIBILITIES OF THE USER.

You agree to provide OpinionBar with correct and complete registration details and to always keep these details up to date. You agree not to register as a Panel Member under more than one name, never to take part in the same survey twice, never to transfer your credits to a bank account other than your own or to obtain more than one password in any way. Should you fail to do this, you are in contravention of these TERMS.

You declare that you are not a partner, shareholder, or employee of a company that offers software or services, including web-based or other technologies, to qualitatively or quantitatively conduct market research from the viewpoint of a customer, prospective customer, employee, transferee, or other target audiences (an "OpinionBar competitor"). In addition, you declare that you are not a member of the (international) Market Research Society.

By registering to become a Panel Member, you will receive a username and a password. It is your responsibility to keep your account details and password safe. You may not inform others of your password. You are fully responsible for any activities executed via your account. You agree to inform OpinionBar immediately in the event of the unauthorized use of your account or any other infringement of security you are aware of or suspect.

To be able to participate in some website surveys, you must download the OpinionBar software available on our website. You agree that the OpinionBar software is supplied to you AS IS and that OpinionBar has no responsibility for the fact that you have downloaded or are using the software.

OpinionBar can send you, as a member of the Research Panel, an invitation via email (an "invitation") to take part in one or more surveys. If you decide to take part in a survey, you must do your utmost to complete it as well as possible. OpinionBar will view your results to ensure you have completed the survey and have answered the questions in a manner that OpinionBar deems satisfactory. If OpinionBar includes your answers in the gathered results that will be given to the client who has purchased the survey, OpinionBar will give you the reward that was offered to you in the Invitation. However, if OpinionBar does not include your answers in the gathered results that will be given to the client because we have determined that these were not satisfactory; you will not receive the reward or the received reward will be claimed back.


2. CONTENT

OpinionBar is not responsible for the contents (e.g. web sites, commercials, cookies, ads, tags, software) or products of third parties that you visit as a participant of a survey, whether this is permitted by the laws for copyright, trade secrecy, slander, privacy, and obscenity or otherwise.

You understand that by becoming a Panel Member and sometimes taking part in surveys you may have to view contents that may be insulting or inappropriate or infringe the right of ownership of a third party. You are the only one responsible for making reasonable attempts to guard against unwanted material. Under no circumstance is OpinionBar responsible for the contents of anything viewed, mailed, or otherwise received as a result of your participation in a survey, whatever its origins.

OpinionBar can take action as OpinionBar if it finds this necessary and is of the opinion that it or its branches, suppliers, channel partners or clients may become responsible, including but not limited to the removal of content and/or immediate termination of your membership if your behavior does not comply to the letter or the spirit of these terms and conditions.


3. PROHIBITED USE

As a Panel Member you agree to only use the Services for legal purposes. The use of Services for or with regard to the sending, distribution, collection, or saving of data or material that is against the law or any other regulations is prohibited. You also agree:

  1. Not to mail to third parties or to otherwise publicise information about surveys, including but not limited to the questions asked, your response to the questions, the nature of the survey or content in any surveys you participated, websites you have visited, or products you have tested during your participation in a survey. Copyright on all content, questions and answers belongs to OpinionBar.
  2. Not to give misleading or false information during your registration or in your answers in a survey.
  3. Not to publicise misleading or false information regarding OpinionBar or its surveys.
  4. Not to encourage third parties to give OpinionBar incorrect or false information as part if the registration process.Not to demand rewards for surveys you have not completed in good faith.
  5. Not to use or send any material protected by copyright, trademark, trade secrecy, patent, or other intellectual ownership rights without first gaining the appropriate authorization.
  6. Never to send an electronic transmission of a message subject, either partially or in its entirety, that originates from or runs through the Services.
  7. Never to threaten, pester, discredit, embarrass, or distress another person or group.
  8. Never to send any computer viruses, worms, or other software with the intention of damaging or changing a computer system.
  9. Not to use "auto-responders", "cancel-bots", or similar mechanisms that solely generate network traffic or disturb newsgroups or email.
  10. Never to send unsolicited emails or advertisements.
  11. Not to send false or misleading offers of products, business, or services, or:
    Not to pass on unsolicited emails or advertisements using OpinionBar servers.
  12. Not to have third parties fill in your surveys for you
  13. Not to use software, or a mechanism that automatically generates answers in our surveys
  14. Not to reregister yourself to OpinionBar once your account is deleted due to an infringement of our Terms and Conditions
  15. Not to reregister yourself to OpinionBar once your account is deleted due to an infringement of our Terms and Conditions
  16. Neither during participation in a survey, membership of OpinionBar, nor upon termination thereof may the participant inform any third party in any form, directly or indirectly, of any particulars concerning or related to the business conducted by OpinionBar or its affiliated companies including but not limited to questions, answers, pictures, animations, ads, websites, tags, cookies, software, and any other information shown to the participant during a market research.

4. SYSTEM AND NETWORK SECURITY

Violations of the system or network security of the Services or of a website you are visiting during a survey are prohibited and may make you become subject to criminal or civil law. OpinionBar will investigate any breaches of security and may inform the relevant police services if any violations are suspected. You are not permitted to evade authentications or the security of hosts, networks, network components or accounts to gain access to data, accounts or systems for which you have not received express permission. You are not permitted to hinder or attempt to hinder other Internet users, hosts, systems, or networks unless you have received express permission to do so.


5. DECLARATION OF PRIVACY

By accepting the TERMS, you explicitly accept OpinionBar's publication and use of your personal details as described in the then current OpinionBar Declaration of Privacy.


6. BREACH OF TERMS

If OpinionBar is of the reasonable opinion that a real or potential breach of the letter or intent of the terms and conditions has occurred, OpinionBar reserves the right to immediately either permanently or temporarily postpone or terminate the Services supplied by OpinionBar, to block prohibited activities, or undertake any other actions it considers suitable. Users who violate these TERMS may also become criminally or civilly liable. OpinionBar may hand any perpetrators over to the civil or criminal authorities for prosecution and will co-operate fully with the authorities with regard to investigations into suspected civil or criminal offences.


7. SAFEGUARDING

You agree to safeguard OpinionBar, its branch offices, suppliers, channel partners, and clients against any claims and demands, including legal fees, by third parties as the result of the use of your account, any contents you may post, mail, send, or transfer in your capacity as Panel Member, your breach of the TERMS, or your infringement of the rights of any third party.


8. LIMITATION OF LIABILITY

In no event can OpinionBar, its branch offices, suppliers, channel partners or clients be held responsible for any damage, including but not limited to direct, indirect, and additional damage or consequential loss, either based on warranty, contract, illegal action or another legal theory and whether or not informed about the possibility of such damage. The total liability of OpinionBar, its branch offices, suppliers, channel partners, or clients resulting from or with regard to this agreement (regardless of the type of action or claim, e.g. contract, warranty, illegal action, strict liability, negligence, misconduct, fraud, or other legal propositions) is limited to 5000. In jurisdictions where the applicable law does not permit the exclusion or restriction of additional or consequential loss, this exclusion and restriction is invalid.


9. LIMITATION OF GUARANTEES

OpinionBar supplies the Research Panel, the services, and all Evaluations "as is". Neither OpinionBar, nor its branch offices, suppliers, channel partners, or clients will make explicit or implicit statements about the functioning of information that has been made available through or via the Research Panel, the services, and evaluations. OpinionBar rejects any liability, either explicitly or implicitly, including but not limited to implicit guarantees of saleability, ownership, suitability for a certain purpose, and non-infringement. Furthermore, OpinionBar does not guarantee that the use of the services will be uninterrupted, will always be available from all locations, is secure or free from bugs, that bugs will be dealt with or that the services are free of viruses or other damaging components.


10. TERMINATION

You may terminate your account any time by visiting your account termination page or by sending a letter with your name, address, date of birth, email address, and signature to: MetrixLab B.V., Wilhelminakade 312, 3072 AR, Rotterdam, The Netherlands. The termination of your account will occur within a reasonable time after OpinionBar has received your notice of termination.

OpinionBar reserves the right to restrict the Services to users and from time to time and according to its own judgement with or without announcement and with or without reasons immediately deny access to the Services and can remove all account details, credits, and other content.

You or OpinionBar may terminate the account at any time. This is your only and exclusive means of dealing with any dissatisfaction about the Services, terms and conditions in the TERMS, which may be changed from time to time, or other policies and practices OpinionBar may adjust or change.


11. EXPIRY OF THE ACCOUNT

If you do not actively take part in the OpinionBar Panel - if you do not respond to any email requests or take part in an available investigation - for a period of more than one month, OpinionBar has the right to close your account and any balance in your account will be considered "not earned " and will expire.

OpinionBar and the OpinionBar Logo are trademarks of MetrixLab B.V. in The Netherlands and worldwide. All other trademarks are the property of their respective owners.


12. GENERAL

The TERMS are generated and drawn up in conformance with Dutch law as it applies to contracts entered into by Dutch residents. If any condition(s) in the TERMS does/do not conform to the law, condition(s) will be drawn up that remain as close to the intentions of the parties as possible. The other provisions in this Agreement will remain fully applicable. If OpinionBar fails to execute or enforce the rights or provisions in the TERMS, this does not mean the TERMS have rejected such a right or provision, unless this has been acknowledged and approved in writing by OpinionBar. You and OpinionBar agree that a cause or action resulting from or with regard to these TERMS or the Services must be taken within one (1) year from when the cause or action was created, otherwise such a cause or action will be permanently concluded. The headings of the paragraphs in these TERMS are only present for the convenience of the parties and have no legal or contractual significance. These terms and conditions form the entire agreement between you and OpinionBar with regard to what has been discussed here and replace any previous and current verbal or written agreements. You are not permitted to transfer this agreement to anyone else.

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OpinionBar values the privacy of your personal data. That's why participation in surveys is anonymous, we never share your personal data with third parties and your user account is protected by SSL. OpinionBar is Sender Score certified. View our privacy policy.