KidzEyes Membership Agreement

The KidzEyes.com panel is composed of kids 6-12, whom we refer to as "Members." This agreement is made between KidzEyes.com and the parents or legal guardians of the KidzEyes Members. All of the provisions of this agreement apply equally to Members and their parents or legal guardians.

All data collected by KidzEyes.com is the property of KidzEyes and/or our clients. KidzEyes panel members, their parents and guardians, relinquish any interest in all opinions, ideas or other information that is collected in KidzEyes research projects. Participation in KidzEyes.com research projects does not convey any right, title or interest in the KidzEyes.com service or any of its components or elements.

The contents of the KidzEyes.com Web site and any trademarks, trade names, service marks, service names, processes, designs, software, technologies, designs and materials used are the property of KidzEyes and/or our clients and may be used only with written permission.

KidzEyes.com reserves the right to change its Membership Policies at any time, without notice, except policies regarding personally identifiable information. Continued participation in KidzEyes projects signifies your acceptance of any such changes. If you do not agree with any change in our Membership Policy you should immediately withdraw from the panel and cease participating in projects.

"KidzPoints" Accounts

Members of the KidzEyes panel will receive invitations to participate in marketing research projects. Panel members receive invitations based on criteria established by our clients, so we cannot guarantee how frequently they will be invited to participate in projects, or even that they will ever receive an invitation. Invitations are sent to members at the sole discretion of KidzEyes.

We’ll offer a "Thank You" award in the form of "KidzPoints" for every project that panel members participate in. Unless otherwise specified by KidzEyes, members generally will have a limited amount of time to respond to an email invitation, after which they will no longer be eligible to participate in that project.

KidzEyes will establish an account for each member, and KidzPoints will be deposited in that account. One hundred KidzPoints can be redeemed for $1.00. KidzPoints may not be transferred between accounts.

Members can access their KidzPoints accounts at www.KidzEyes.com at any time. Whenever they've accumulated more than 1000 KidzPoints, members can visit the website and trade them in for cash in the form of a check. Checks are issued in $5 increments only. Checks will be sent in the name of the KidzEyes panel member, in care of the parent or legal guardian, at the home address in KidzEyes' files. Parents or guardians can update this information at any time.

KidzEyes will make a reasonable effort to maintain KidzPoint account totals accurately, but will not be liable for any mistakes, errors, omissions, delays or interruptions regarding KidzPoint accounts. KidzEyes alone will decide any disputes regarding KidzPoint accounts.

Termination

KidzEyes, at its sole discretion, may terminate the membership of any panel member at any time, including but not limited to the following:

If a member fails to respond to one or more communications from KidzEyes for a period of six (6) months. KidzEyes will generally make at least one further attempt to communicate via email with the member’s parent or guardian, and will generally send at least one postcard to the member’s parent or legal guardian before terminating a member for inactivity.

If KidzEyes believes that a member is not a child between the ages of 6 and 12 who lives in the U.S.
If KidzEyes believes that the member does not, in fact, have the permission of a parent or legal guardian to participate in KidzEyes.
If KidzEyes believes that the member is using information taken from KidzEyes surveys, projects or other materials to copy, distribute, sell, or otherwise disseminate material that is the property of KidzEyes or any of its clients.
If KidzEyes believes that the member is behaving in ways that would compromise the operation of KidzEyes, the privacy of its members, the integrity of its survey tools, its methodologies, survey content, databases, network infrastructure or Web presence.
If KidzEyes believes that the member is behaving in a way that would be damaging to the reputation of KidzEyes, its clients, or its members.

In the event of termination, any KidzPoints in the member’s account will be forfeited.

When Members Turn 13

Because KidzEyes members must be between 6 and 12, members who reach their 13^th birthdays are no longer eligible to be regular members of the KidzEyes panel. At age 13 members have two choices:

They can choose to join our TeensEyes panel, which is similar to KidzEyes, except it's for 13 to 17 year olds. Once you turn 13, you will be emailed a link that will permit you to activate your TeensEyes account. All of your account information and KidzPoints totals will be carried over into your TeensEyes account.

They can end their memberships in KidzEyes by sending an email to memberinfo@kidzeyes.com stating that they wish to leave the panel because they have turned 13. KidzEyes will verify their age and send a check for the full current balance of their KidzPoints account in the name of the KidzEyes panel member, in care of the parent or guardian, at the home address in KidzEyes' files.

Participation in Projects by Parents or Guardians

Parents or legal guardians who signify their willingness to participate in KidzEyes research projects may receive email invitations to do so. Participation by parents or guardians is strictly voluntary, and does not affect their children’s membership or status in the KidzEyes panel in any way.

Parents or guardians who participate in KidzEyes projects are generally rewarded by being entered in sweepstakes drawings. Sweepstakes rules are posted on our website and are accessible from any survey that involves a drawing. Parents cannot accumulate KidzPoints for survey participation under any circumstances.

General Disclaimer

UNDER NO CIRCUMSTANCES SHALL KIDZEYES, ITS PARENTS OR OWNERS, OPERATORS, DIRECTORS, EMPLOYEES OR AFFILIATES BE LIABLE TO KIDZEYES PANEL MEMBERS, THEIR PARENTS OR GUARDIANS, OR ANY OTHER PERSON FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF GOODWILL, OR USE, PERSONAL INJURY, OR FOR ANY MISTAKES, ERRORS, OMISSIONS, DELAYS OR INTERRUPTIONS, INTERCEPTIONS OR MIS-DIRECTIONS IN THE RECEIPT, TRANSMISSION OR STORAGE OF ANY DATA, SOFTWARE, MESSAGES, SIGNALS, OR OTHER ITEMS OR INFORMATION, OR DEFECTIVE OR DANGEROUS PRIZES OR GIFT ITEMS, EVEN IF KIDZEYES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER RESULTING OR ARISING FROM BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT, THE USE OF THIS SERVICE OR ANY GIFTS OR PROMOTIONAL ITEMS, OR OTHERWISE. THE SOLE REMEDY FOR A DEFECTIVE GIFT OR PROMOTIONAL ITEMS SHALL BE THE REPLACEMENT OF THE DEFECTIVE ITEM WITH A LIKE ITEM OR ITEM OF SIMILAR VALUE CHOSEN IN KIDZEYES SOLE DISCRETION. THIS REMEDY WILL NOT BE AVAILABLE IF THE ITEM IS DEFECTIVE DUE TO MISUSE OR NEGLECT.

This Agreement shall be governed by the laws of the State of Illinois. Any and all controversies or claims arising out of this Agreement shall be resolved by the courts in Cook County, Illinois, unless you and KidzEyes mutually agree to resolve any dispute through binding arbitration. Notwithstanding the foregoing, KidzEyes reserves the right to seek injunctive relief in any court of competent jurisdiction. No claim or cause of action related to this Agreement or any related transaction may be brought more than one (1) year after the events giving rise to the claim or cause of action.

The failure of KidzEyes.com to enforce any of the provisions of this Agreement shall not be construed as a waiver of any other provisions, and shall not affect either the validity of this Agreement or any part of it, or the right of KidzEyes.com to enforce it.