TO USE THIS PANEL YOU MUST QUALIFY, LOGIN AND COMPLETE YOUR PROFILE. IN SO DOING, YOU ARE DEEMED TO HAVE ACCEPTED THESE RULES OF PARTICIPATION (SOMETIMES REFERRED TO AS THE "AGREEMENT"), WHICH CONSTITUTE A LEGAL INSTRUMENT BINDING UPON YOU AND US. IF YOU DO NOT AGREE TO ALL OF THESE RULES OF PARTICIPATION, YOU MAY NOT PARTICIPATE IN THIS PANEL.

GENERAL

1. SmartLab is a private Panel.  These Rules of Participation apply whenever you access the http://www.SmartLab.MRCommunities.com website, regardless of the method or device used. In these Rules of Participation, when we say "SmartLab Private Panel" "Panel" or "Website," we mean this site, http://www.SmartLab.MRCommunities.com, regardless of how you access it. Any reference in this Agreement to "SmartLab Private Panel" "us" or "our" means Bellomy Research, Inc.
2. The existence and use of this Panel shall be at the sole discretion of Bellomy Research. Bellomy Research expressly reserves the right to limit, edit or remove images, text or other content from this Panel for any or no reason, in their sole discretion, without accepting any obligation to do so. Bellomy Research also reserves the right to cancel any member's registration, and/or to remove any materials related to or posted by such member, without notice or cause, in their sole discretion.
3. The images and/or text displayed or posted on this Panel do not necessarily reflect and should not be considered as the views of Bellomy Research.
4. To become a member, you must qualify, login and complete your profile. All information you provide, including personal information, belongs to Bellomy Research who shall have, without further obligation to the consumers involved with this promotion, the right to print, publish, broadcast and use, worldwide in any media now known or hereafter developed, including but not limited to the World Wide Web, at any time or times, content tied to this promotion generated by the consumer, including names / titles, images, etc., as news or information and for advertising, trade and promotional purposes in connection with this promotion without additional consideration, without notice, and without compensation unless prohibited by law.

 

Furthermore, to be a Qualified member of this panel you certify that you:

(a) are at least 18 years old or over;

(b) are resident in the United States;

(c) will have no more than one Panel membership or account on SmartLAB at any time;

(d) will not attempt to answer a survey more than once, either by using more than one name or more than one email address to enter into a survey;

(e) will be honest in your approach to the research, for example you will not provide confusing or meaningless answers. 

 

5. Members are responsible for any tax due; Bellomy Research has no obligation in respect of any tax due on the Reward given to a member and the member shall be responsible for declaring any income received from Bellomy Research under this Agreement.

 

6. Termination of Membership:

(a) Failure to adhere to these Terms and Conditions (and any subsequent amendments to these Terms and Conditions) constitutes a ground for termination of your membership of the panel at Bellomy Research's discretion without further notice.

(b) Termination of membership will result in cancellation of all accumulated Points or Rewards and all rights of access and use granted to Members.

(c) Any Member who has had their account terminated may no longer access the Panel or Members page on the Site.

(d) Bellomy Research may, in its discretion, suspend or terminate a Member's account without prior notice. Circumstances in which a Member's account may be terminated include but are not limited to:

(i) Breach of these Terms and Conditions or other agreements

(ii) A Member activating and using more than one account

(iii) Lack of regular participation in surveys

(iv) An invalid email address registered for an account

(v) A Member or third party responds to emails or surveys that are intended for another Member

(vi) The provision of false, random, useless or fraudulent responses

(e) In the case of any dispute in relation to a Member, the decision of Bellomy Research will be final.

7. Bellomy Research may modify this Agreement at their sole discretion and/or assign it to a respective successor in interest. In the event of a material change or modification in these Rules of Participation, members will be required to re-register and signify acceptance as a condition of continued use of this Panel.
8. If any provision of this Agreement is found to be void, unlawful or unenforceable for any reason, that portion shall be deemed severable from these terms and shall not otherwise affect the validity and enforceability of any remaining provisions. Bellomy Research reserves the right to pursue any available remedy if you breach any provision of this Agreement, and may enforce these Rules of Participation by any available means at law or equity.

PANEL RULES

9. You may not upload or post images, text or other content (hereafter "User Content") at http://www.SmartLab.MRCommunities.com containing:

(a) Nudity;

(b) Any images of children under 13; (Age dependent on client, product and Panel use) 

(c) Pornographic, obscene, indecent, sexual, vulgar or profane material;

(d) Material that is racist, offensive, harassing or defamatory;

(e) Material that constitutes a threat and/or could be construed to promote and/or incite violence against any individual, entity or group;

(f) Material containing drugs, alcohol and tobacco products; 

(g) Material that describes, promotes, or provides instructions for any illegal act;

(h) Images taken in private locations such as, but not limited to, hospitals, medical facilities, gyms, fitness centers, dressing rooms, homes or elsewhere where the subject (s) does not appear to be aware that an image is being taken;

(i) Credit card, drivers' licenses, Social Security numbers, or any other personal financial information;

(j) Material depicting, promoting or inciting cruelty to animals; 

(k) Material containing intellectual property not owned by the uploader, such as trademarks, logos, or domain names, or copyrighted material such as movies, concerts or works of art;

(l) Images not owned by the uploader or uploaded without permission of the owner;

(m) Images taken of individuals without their permission, including, but not limited to, images or material infringing on any individual's right of publicity;

(n) Material that might spread viruses or other harmful items, or cause damage to the Website, the server, or any system or computer;

(o) Any material that Bellomy Research finds objectionable, damaging, offensive or inappropriate, at their sole and absolute discretion.

10. By uploading content and/or images, you warrant that a) you are the author/creator; b) you have taken the photograph(s) you have sent to us or you have permission from or are authorized by the owner and/or author of the photograph(s) to send it (them) to us; c) pictures or images of any other third party were taken with their permission and knowledge; and d) the pictures or materials do not infringe the intellectual property or publicity rights of any other person or entity.
11. By uploading User Content, you recognize that such User Content will be publicly available, that others may copy or redistribute such User Content, and that Bellomy Research has no control over such use.
12. Any attempt to damage, destroy, or tamper with this Website and/or Panel is a violation of criminal and civil law. Bellomy Research reserves the right to prosecute violators to the fullest extent of the law.
13. By uploading User Content, you agree that you have read and understood these Rules of Participation and agree to abide by them. Violations of our Panel rules will, at our discretion, result in removal of the offending User Content from the Panel, expulsion from membership, and/or initiation of legal action to enforce this Agreement, including, but not limited to, seeking the assistance of law enforcement personnel.

COMPLAINTS

14. If you object to any material, including, but not limited to, images, posted or displayed in the Panel because you believe it violates our Panel Rules or your privacy rights, we will be happy to investigate your complaint. Please Contact Us with information about the submission, including the date, subject matter, reasons for your complaint, and your contact information, including your full name, email address and telephone number. Information you provide in connection with a complaint may be shared with the member posting the allegedly offending material and with legal counsel and consultants, and will be disclosed in connection with legal proceedings if needed.
15. If you own copyrights in a work and believe that your intellectual property rights in that work have been infringed by an improper posting or distribution of it via this Panel, we will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act ("DMCA"). You should send any claims or notices of infringement relating to the Panel or any materials uploaded or displayed in the Panel to our designated DMCA agent. You may also obtain a copy of our DMCA policy from such DMCA agent.

INTELLECTUAL PROPERTY OWNERSHIP

16. Copyrights. All copyright subsisting in the contents of this Website is owned by Bellomy Research. You may not copy or incorporate any of the material, including any artwork, trademarks or logos, available on the Website into any other work, including your own site, or use the material in any other public or commercial manner. That means you may not change any of the notices regarding copyright, trademarks, or other marks or post or redistribute any portion of our site. You may not use any of the SmartLab Private Panel intellectual property, including, but not limited to, artwork, trademarks and logos, in your own site. Except for your own personal use, you may not use any material here without our written permission. The Site retains full and complete title to any downloadable software, any images incorporated in or generated by the software, and all data in it. This includes, but is not limited to, any code and other software. You must not copy, modify, reproduce, upload, transmit, distribute, reverse-engineer, disassemble or otherwise convert it to another form. 

By uploading User Content, in addition to the representations and warranties you provide as specified in this Agreement, you grant Bellomy Research a worldwide, perpetual, irrevocable, royalty-free, sub-licensable, non-exclusive license to reproduce, distribute, publish, display, transmit, translate, adapt, modify, sell, license, publicly perform, prepare derivative works based upon, and otherwise use or exploit such User Content for any purpose, whether commercial or non-commercial, in any media, now known or later invented, throughout the universe, without payment to or further permission from you of any kind.

17. Trademarks. All trademarks, logos and/or domain names used on this Website are the property of Bellomy Research, or are used with permission.
18. Ideas and Submissions. Any ideas, questions, comments, suggestions, concepts, drawings, designs, graphics, stories, inventions or other submissions that you submit to the Site, including, without limitation, those relating to any game, product, service, marketing plan, promotion, or any other matter (your "Submissions"), become the property of Bellomy Research. All Submissions will be treated as non-confidential and non-proprietary by Bellomy Research. You agree that Bellomy Research may use your Submissions for promotional, marketing, developmental or any other commercial or non-commercial purpose, whether in advertising, promoting, developing, manufacturing or marketing products or services. Under no circumstances are you entitled to any payment of any kind if Bellomy Research uses your Submission for any purpose whatsoever.

USER UPLOADS AND CONTENT

19. Any ideas, suggestions, graphics, pictures or anything else you submit to the site are subject to the Panel Rules above. User uploads and content are not confidential and we can use them as we see fit - that includes reproducing, disclosing, publishing, editing, or broadcasting such content here or somewhere else, in this or any other media now known or later invented. Subject to our Privacy Policy, Bellomy Research can use anything you send us or post online for promotional, marketing or any other commercial or non-commercial purpose, whether in advertising, or in developing, manufacturing, promoting or marketing products or services. Under no circumstances are you entitled to any payment if Bellomy Research uses your submission for any purpose.
20. Please review our Privacy Policy at in order to learn about what personal information we collect at this site and for what purposes we use it.

USE OF THIS SITE: LIMITATION OF WARRANTY, LIMITATION OF LIABILITY AND DISCLAIMER

21. BELLOMY RESEARCH, SUBSIDIARIES OR AFFILIATES WORLDWIDE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THIS SITE, OR ANY SERVER THAT MAKES IT AVAILABLE, IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT SUCCESSFUL RESULTS OR OUTCOMES WILL RESULT FROM YOUR USE OF INFORMATION AT THIS SITE. WE ALSO DO NOT GUARANTEE THAT THIS SITE OR EVERY FEATURE OF THIS SITE WILL REMAIN AVAILABLE TO YOU. WE DO NOT GUARANTEE THE ACCURACY OR PROPRIETY OF THE INFORMATION AT THE SITE, INCLUDING, WITHOUT LIMITATION, ANY USER CONTENT, AND MAKE NO REPRESENTATIONS REGARDING THE USE OR RESULTS OF USE OF ANY MATERIALS ON THIS SITE IN TERMS OF THEIR ACCURACY, RELIABILITY OR ANY OTHER MATTER. VISITORS TO THIS SITE SHOULD THEREFORE NOT RELY ON ANY INFORMATION POSTED ON THIS SITE IN ANY WAY. WITHOUT LIMITING THE FOREGOING, AND TO THE EXTENT PERMITTED BY LAW, ALL INFORMATION ON THIS SITE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE EXCLUSIONS MAY NOT APPLY TO YOU. NEITHER BELLOMY RESEARCH, NOR ANY OF THEIR RESPECTIVE PARENTS, SUBSIDIARIES OR AFFILIATES WORLDWIDE, NOR ANYONE WHO HELPED DEVELOP, CREATE, PRODUCE OR DELIVER THE MATERIAL AND INFORMATION PROVIDED BY SPONSORS ON THIS SITE, IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE, OR ANY MATERIAL, CONTENT OR INFORMATION AT THE SITE, INCLUDING, WITHOUT LIMITATION, ANY USER CONTENT .

WHILE BELLOMY RESERVES THE RIGHT TO REMOVE ANY POSTINGS OR ANY OTHER INFORMATION THAT WE FEEL MAY BE OFFENSIVE OR INAPPROPRIATE IN OUR SOLE DISCRETION, WE DO NOT UNDERTAKE ANY OBLIGATION TO DO SO. WE ARE NOT RESPONSIBLE FOR ANY USER CONTENT AT THE SMARTLAB PRIVATE PANEL WEBSITE OR FOR ANY INFORMATION WHATSOEVER CONTAINED IN ANY LINKED SITES.

THE DISCLAIMERS AND LIMITATIONS CONTAINED IN THIS SECTION ARE A MATERIAL PART OF OUR AGREEMENT TO PROVIDE THIS WEBSITE TO YOU.

USER INDEMNIFICATION AND HOLD HARMLESS

22. You expressly acknowledge and agree that Bellomy Research, subsidiaries or affiliates worldwide, and their respective officers, directors, shareholders, agents, licensors or licensees, are not responsible or liable in any way whatsoever for any defamatory, offensive, inappropriate or illegal conduct of any member or other visitor to this Panel or any other third party, or for your use of this Panel. You agree to indemnify, defend and hold harmless Bellomy Research, subsidiaries or affiliates worldwide, and their respective officers, directors, shareholders, employees, agents, business partners, licensors, and licensees, from any damages, loss, cost, liabilities, and expenses, including, but not limited to, reasonable attorneys' fees, expenses, and court costs, on account of any claim, suit, action, demand, or proceeding brought against them or any one of them, or on account of any investigation, defense, or settlement thereof, arising in connection with your use of this Panel.

JURISDICTION, VENUE, AND ALTERNATIVE DISPUTE RESOLUTION

23. Any controversy or claim brought by you relating to this Panel, any material or content on the Community, or this Agreement not otherwise amicably resolved between you and Bellomy Research will be settled solely by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA"), administered in accordance with the AAA's Supplementary Procedures for Consumer-Related Disputes. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in North Carolina and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Any claim or cause of action that you may have with respect to this Panel or this Agreement must be commenced within one year after the claim or cause of action arises or it will be forever barred. Any such action or proceeding must be instituted in state or federal court in North Carolina and you waive your rights to removal from or consent to removal to this location. This Agreement will be governed by and construed in accordance with the laws of the State of North Carolina without regard to its conflicts of law provisions. The foregoing provisions will not apply to any legal action taken by Bellomy Research to recover damages for, or seek an injunction or other equitable relief in connection with, any loss, cost or damage (or any potential loss, cost or damage) relating to your breach of this Agreement.

SIGN UP for the PANEL

24. In order to access the Panel, you must qualify, receive login information, login and complete your user profile. Bellomy Research collects information in your profile to better customize your experience.

PERSONAL INFORMATION

25. When you sign up for the Panel we ask you to provide your email address, phone number, physical address and answer questions regarding your personal preferences. 

(a) We use your email address to send you reminders of upcoming Activities and Sessions. If you do not wish to receive email correspondence you need to log into the Panel and change your email options on the Preferences page in the My Profile section.

(b) We use your physical address and phone number solely for collateral mailings, rewards and product fulfillment. Your information will not be shared with third parties without your permission.

(c) The personal preferences you fill out help us to customize your Panel experience.

PROMOTIONS, SWEEPSTAKES AND CONTESTS

26. From time to time, we may sponsor or host promotions, sweepstakes and contests where we collect new information from you. Sharing of this information is disclosed in promotions/sweepstakes/contest rules or on the page where you sign-up, and only pertains to the information collected on the promotions/sweepstakes/contest page, not from your SmartLab Panel profile.

POINTS AND REWARDS OFFER

27.  Qualified members of the SmartLab Panel are eligible to participate in the points and rewards offer outlined below.  Qualified members of the SmartLab Panel have the opportunity to earn points by participating in Panel sponsored activities.  Points accumulate until they are redeemed for Amazon.com gift card rewards.  Points are converted to Amazon.com gift card rewards at the rate of 10 points to $1.  Members must earn a minimum of 50 points to become eligible for redemption.  Members redeem points by accessing their profile on the SmartLAB.MRCommunities.com website and selecting “Cash-out.”  Members who have earned the minimum 50 points can redeem their points in $5 (50 points) increments up to $100 (1000 points).  In the unlikely event Amazon.com gift cards are not available to Bellomy, a nationally recognized substitute purchasing card may be provided.  There is no upper limit to the amount of points which can be earned.  Members are responsible for any taxes due as a result of awards they receive for participating in the SmartLab Panel. Bellomy is required by law to issue an IRS Form 1099 to any member who is paid $600.00 or more annually for participation in surveys. Members hereby agree, when requested, to provide all information necessary for Bellomy to comply with tax reporting requirements.  Points will not expire during the term of this offer.  Points have no cash value.

(a) The SmartLab Panel and/or this incentive offer may be modified or cancelled at any time for any reason without notice by Sponsor.  In the event of that the offer is cancelled, qualified members with over 50 points will be automatically cashed-out to the nearest whole dollar and will receive their Amazon.com reward gift card via email in no more than 10 business days from the cancellation of the offer.  Members with less than 50 points will lose their points and the right to redeem them for rewards.  
(b) Members who opt-out, are retired, have their membership cancelled, or are otherwise removed from the Panel for any reason forfeit any current and future point earnings, will not be eligible to cash out after membership has ended, and any pending cash outs will be voided.
(c) Bellomy and Amazon are separate and unaffiliated companies, and are not responsible for each others’ policies or services.  Amazon.com is not associated with, does not endorse and is not a sponsor of this offer.  Amazon, Amazon.com, and the Amazon.com logo are registered trademarks of Amazon.com Inc. or its affiliates.  Amazon.com gift cards are issued by Virtual Incentives. Restrictions apply to Amazon.com gift cards.  Gift cards are redeemable only for purchases of eligible products on amazon.com and may not be redeemed for cash, unless permitted by law.  For complete terms and conditions, click here. 
(d) Neither Bellomy, nor its parent, subsidiaries or affiliated companies will be responsible for any loss, injury or damage of any kind incurred by Member or anyone else in connection with Member’s participation in the offer or any reward obtained by Member in connection with Member’s participation in the offer.
(e) The offer is administered by Bellomy Research.  If you have any questions or complaints regarding the offer, contact the community manager at Bellomy Research directly at SmartLab@MRCommunities.com.
(f) Points may not be assigned, sold or otherwise transferred by the member, by operation of law or otherwise.
(g) All interpretations of these Terms and Conditions as well as questions or disputes regarding participation in the offer or the availability of points or rewards shall be resolved by Bellomy Research in its sole discretion.
(h) Accumulation of points are not member’s property and may be revoked, cancelled, limited or modified at any time, even though such action may affect the member’s right to redeem previously accumulated points.
(i) While Bellomy Research will use its best efforts to ensure accuracy of offer information, printing errors occasionally occur.  Bellomy Research reserves the right to correct such errors at any time even if such errors impact pending reward redemption.

MESSAGE BOARDS

28. When you post a message to any of the message boards within the Panel, your ID or alias that you are posting under will be visible to other users along with any information you include in your post, including personal information you may choose to include. Please note that if you post personal information online that is accessible to the public, you may receive unsolicited messages from other parties in return.

ENTIRE AGREEMENT

29. The Rules of Participation set forth herein constitute the complete, integrated Agreement between you and Bellomy Research and may not be modified by you without their express written agreement.