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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.
(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.
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(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.
INTELLECTUAL PROPERTY OWNERSHIP
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.
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USE OF THIS SITE: LIMITATION OF WARRANTY, LIMITATION OF LIABILITY AND DISCLAIMER
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
JURISDICTION, VENUE, AND ALTERNATIVE DISPUTE RESOLUTION
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(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
POINTS AND REWARDS OFFER
(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.
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