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, and its provisions apply to both 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.
Participants in KidzEyes.com research projects may be shown confidential and proprietary information that is the property of KidzEyes or its clients. This information may include, but is not limited to, experimental concepts and ideas, marketing, advertising and creative strategies and plans, and product names, logos and designs. Participants in KidzEyes research projects agree that they will neither use nor disclose to any other person or entity any of the information shown to them in those projects. Violation of this provision would constitute a material breach of this agreement and could subject you to legal action.
Neither membership in the KidzEyes.com panel nor participation in KidzEyes.com research projects conveys any right, title or interest in the KidzEyes.com service or any of its components or elements. Participants in KidzEyes research projects agree to release and hold harmless KidzEyes, its subsidiaries, parents or owners, operators, directors, employees or affiliates from, without limitation, all damages, injury, death, loss, claims based on publicity rights, defamation, invasion of privacy, or any other actions and liability.
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 not be used without written permission from KidzEyes and/or our clients.
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.
KidzEyes.com reserves the right to change its Membership Policies without notice at any time. Continued membership in KidzEyes 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 KidzEyes projects.
KidzEyes Thanks Members for Participating in our Projects
We have two ways of thanking Members for participating in KidzEyes projects, KidzPoints or entry into a sweepstakes. Our invitation to Members to participate in a project will always make clear which “Thank You” method will be used.
KidzPoints
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 Members’ accounts.
When we offer a "Thank You" award in the form of "KidzPoints," Members who participate in the project will receive points that can be exchanged for cash in the form of a check. 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.
Members can access their KidzPoints accounts at www.KidzEyes.com at any time after logging in using their user name and password. Whenever they've accumulated more than 1000 KidzPoints, Members can visit the website and request 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 by logging in to KidzEyes.com using their username and password.
KidzEyes will make a reasonable effort to maintain KidzPoints account totals accurately, but will not be liable for any mistakes, errors, omissions, delays or interruptions regarding KidzPoints accounts. KidzEyes alone will decide any disputes regarding KidzPoints accounts.
Sweepstakes
When we offer a "Thank You" award in the form of entry into a sweepstakes, Members who participate in the project will be entered into a pool with other project participants, from which winners will be selected in a random drawing. The odds of winning will be based on the number of eligible entries. We’ll let Members know before they decide whether or not to accept the project invitation what the prizes will be, how many participants will be chosen as winners, and all the other rules for the sweepstakes. Sweepstakes rules are included in our survey invitation emails and are accessible from any survey that involves a sweepstakes. All sweepstakes will be conducted by KidzEyes, whose decisions are final and binding on all matters relating to Sweepstakes.
Termination
KidzEyes, at its sole discretion, may terminate the membership of any panel Member at any time and for any reason, including but not limited to the following:
· 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.
· If KidzEyes believes that the Member’s responses to online or other surveys consistently fail to reflect his or her honest views, opinions and behaviors.
· If KidzEyes believes that including the Member in future surveys would degrade the quality of the data collected in those surveys.
· If a Member fails to respond to one or more communications from KidzEyes for a period of six (6) months. In this case, 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.
In the event of termination, any KidzPoints in the Member’s account will be forfeited, and they will be declared ineligible for any sweepstakes drawings or prizes.
When Members Turn 13
Because KidzEyes Members must be between 6 and 12, Members who reach their 13th birthdays are no longer eligible to be 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 18 year olds. On turning 13, a Member will receive a welcoming email from TeensEyes. Logging in to www.TeensEyes.com using the same user name and password used for the Member’s KidzEyes account, will cause all of his or her account information and KidzPoints totals will be carried over into a new TeensEyes account.
· They can choose not to join our TeensEyes panel. Logging in to www.TeensEyes.com using the same user name and password used for the Member’s KidzEyes account will allow them to choose to leave the panel. KidzEyes will send a check for the full current balance of their KidzPoints account, if any, in the name of the KidzEyes panel Member, in care of the parent or guardian, at the home address in KidzEyes' files. Members who leave the panel will no longer receive invitations to participate in projects sponsored by KidzEyes or TeensEyes, although they will be eligible to join TeensEyes should they decide to do so in the future.
Participation in Projects by Parents or Guardians
Parents or legal guardians may receive email invitations to participate in KidzEyes research projects . 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.
We use various methods to thank parents and guardians who choose to participate in KidzEyes projects:
· Awarding KidzPoints to each child in the household who is a KidzEyes Member
· Awarding KidzPoints to a single child in the household who is a KidzEyes Member. Generally we choose this option for projects that ask the parent or guardian to focus specifically on the likes, dislikes, or opinions of one particular child only.
· Entering the parents or guardians who participate into a sweepstakes drawing. As with sweepstakes involving KidzEyes Members, the odds of winning will be based on the number of eligible participants. We’ll let parents and guardians know before they decide whether or not to accept the project invitation what the prizes will be, how many participants will be winners, and all the others rules for the sweepstakes. Sweepstakes rules are included in our survey invitation emails and are accessible from any survey that involves a sweepstakes. All sweepstakes will be conducted by KidzEyes, whose decisions will be final and binding on all matters relating to the Sweepstakes.
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.