Opinionate is an Internet market research community. The Opinionate brand and suite
of websites is owned and operated by
Membership is voluntary and is open to anyone and everyone.
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1 |
Acceptance of Terms and Conditions |
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This Web site and the services offered on it (the Service) are owned and operated
by MarketCells Limited. The Service is provided to you pursuant to the terms and
conditions of this Terms of Use and any operating rules or policies that may be
published by MarketCells Limited (including the Privacy Policy), as may be amended
from time to time (the Agreements). |
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BY USING THE SERVICE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE
TERMS AND CONDITIONS CONTAINED IN THE AGREEMENTS. |
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2 |
Modifications to the Service and Agreements |
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2.1 MarketCells Limited reserves the right to modify or discontinue the Service
at any time without notice to you and MarketCells Limited shall not be liable to
you or any third party should MarketCells Limited exercise its right to modify or
discontinue the Service.
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2.2 MarketCells Limited reserves the right to modify the Agreements at any time.
You are responsible for regularly viewing the Agreements. Continued use of the Service
following any such changes will constitute your acceptance of such changes. |
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3 |
Ownership and Licenses |
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3.1 All contents of the Service are the property of MarketCells Limited. The Service
content may not be copied, distributed, or transmitted in any way, without permission
of MarketCells Limited.
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3.2 Any information, ideas, suggestions, or communications sent by you to Opinionate
through the Service becomes the exclusive property of MarketCells Limited. Subject
to the terms of the
Privacy Policy,
MarketCells Limited is entitled to use, reproduce, disclose, and distribute any
information submitted for any purpose without restriction or compensation to you.
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3.3 By transmitting any messages or content to public or semi-public areas of the
Service, you grant to MarketCells Limited a nonexclusive, worldwide, royalty-free,
perpetual, irrevocable license to use, distribute, display, and reproduce the messages
and content. |
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4 |
Disclaimer of Warranties |
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4.1 MarketCells Limited provides the Service and all related content to you "as
is", without any warranty of any kind, either express or implied, including without
limitation, the implied warranties of merchantability, fitness for a particular
purpose, or non infringement; any warranty that the Service operates error free
or without interruption; any warranty that information obtained through the Service
is accurate or reliable. The entire risk arising out of the use of the service remains
with you.
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4.2 You understand and agree that any material downloaded or otherwise obtained
through the use of the Service is done at your own discretion and risk and that
you will be solely responsible for any damage to your computer system or loss of
data that results from the download of such material.
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4.3 No advice or information, whether oral or written, obtained by you from MarketCells
Limited or through the Service shall create any warranty not expressly made herein. |
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5 |
Limitation of Liability |
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5.1 MarketCells Limited shall not be liable for any direct, indirect or speculative
damages arising from interruption, suspension or termination of service, including,
without limiting the foregoing, consequential, incidental, and special damages,
whether such interruption, suspension or termination was justified or not, negligent
or intentional, inadvertent or advertent, regardless of whether MarketCells Limited
had advance notice of the possibility of any such damages.
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5.2 MarketCells Limited shall not be liable for any direct, indirect or speculative
damages arising from the use or inability to use the service or for the cost of
procurement of substitute goods or services or resulting from any goods or services
purchased or otherwise obtained or message received or transactions entered into
through or from the service or resulting from unauthorized access to or alteration
of your transmission of data, including without limiting the foregoing, consequential,
incidental, and special damages, regardless whether MarketCells Limited had advance
notice of the possibility of any such damages. |
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6 |
Indemnification |
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You agree to indemnify and hold MarketCells Limited from any and all claims or demands,
including the payment of reasonable legal fees, arising out of or relating to your
use of the Service. |
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7 |
Agreements |
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7.1 The Agreements comprise the entire agreement between you and MarketCells Limited
and supersedes all prior agreements between the parties regarding the subject matter
contained herein. Any waiver of any provision of the Agreements will be effective
only if in writing and signed by MarketCells Limited.
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7.2 If a court of competent jurisdiction finds any provision or portion of the Agreements
to be unenforceable, the remaining provisions of the Agreements will continue in
full force and effect.
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7.3 Any notices to you or MarketCells Limited shall be made via either email or
regular mail. MarketCells Limited may also provide notices of changes to the Agreements
or any other matter by displaying online notices to you generally on the Service.
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7.4 You agree to comply with U.K. law regarding the transmission/export of technical
data through the use of the Service. |
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8 |
The Opinionate Community |
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8.1 Opinionate rewards its Community members for participating in market research
surveys.
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8.2 To join the Community, you provide answers to several questions. Subsequently
we shall ask you to complete a fuller profile questionnaire to allow us to match
members to available research surveys. |
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9 |
Termination |
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Opinionate Community membership is not binding. MarketCells Limited may immediately
terminate your registration for any reason at any time. Upon termination, you will
cease to use the Service. You may terminate your membership by contacting Opinionate
at
unsubscribe@opinionate.co.uk, or
by using the "unsubscribe" functionality on the Opinionate website.
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10 |
Community member responsibilities |
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By consenting to the Agreements, you agree:
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10.1 To represent only yourself on the Service, and no other persons, living, dead,
or imagined; the Service may only be used by natural persons (i.e. individuals)
on their own behalf and not by or on behalf of any commercial, political, religious
or other organisation or entity;
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10.2 To provide accurate and truthful information to MarketCells Limited, including,
but not limited to information required to register membership with the Service
and responses to research surveys;
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10.3 To not use the Service to:
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(a) Publish or distribute any defamatory, infringing, obscene, indecent or unlawful
material or information;
(b) Defame, abuse, harass, threaten, stalk or otherwise violate the legal rights
of others;
(c) Send unsolicited email;
(d) Collect or store personal data about other users;
(e) Promote or provide instructional information about illegal activities, promote
physical harm or injury against any group or individual, or promote any act of cruelty
to animals;
(f) Upload files that contain viruses, corrupted files, or any other similar software
or programs that may damage the operation of another's computer;
(g) Upload files (including audio and video files such as MP3) that contain software
or other material protected by intellectual property laws (or by rights of privacy)
unless you own or control the rights thereto or have received all necessary consents;
(h) Delete or modify any author attributions, legal notices or other proprietary
designations or labels in any file that is uploaded;
(i) Falsify the origin or source of software or other material contained in a file
(including audio and video files) that is uploaded;
(j) Download any file; and
(k) Reproduce, duplicate, copy, sell, resell, distribute, publish or exploit for
any commercial purpose the software, products, or services provided by MarketCells
Limited. This restriction includes any attempt to incorporate any information from
the Service into any other directory, product or service.
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10.4 That MarketCells Limited does not pre-screen any content you post on the Service,
but that MarketCells Limited shall have the right (but not the obligation) in their
sole discretion to refuse or remove any content that violates the Agreements or
is otherwise objectionable.
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10.5 To provide for your own access to the Service, including but not limited to
obtaining and maintaining all telephone, computer hardware and software, and other
equipment and paying all related charges.
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10.6 That infringement of any Community member responsibilities may lead to termination
of your membership by MarketCells Limited and the forfeit of your points and benefits.
The MarketCells Limited decision will be binding in these instances. |
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11 |
Membership and Reward |
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11.1 Each applicant is allowed to fill in only one registration. Different family
members are allowed to register, provided they do this separately.
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11.2 Once you are a member of the Community, you will be contacted by email on a
regular basis and asked to fill in survey questionnaires.
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11.3 The cash reward value varies per survey. Some surveys do not award cash rewards
but this will be made clear on the website.
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11.4 MarketCells Limited reserves the right to change the sample sizes according
to the need of each individual survey. Generally the samples are based on 1000 respondents.
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11.5 REWARDS CAN ONLY BE REDEEMED IN QUANTITIES OF
£10
AND ONCE THE MEMBER'S ACCOUNT BALANCE EXCEEDS
£10, AND CAN ONLY BE REDEEMED AGAINST
REWARDS OFFERED BY MARKETCELLS LIMITED.
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11.6 Your Rewards total is held and recorded on the website in the
Account Balance
section.
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11.7 Rewards can only be redeemed by the member who was awarded the points. Rewards
cannot be transfered. Rewards cannot be traded.
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12 |
Vendors and Goods and Services |
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12.1 MarketCells Limited will not be liable for any loss or damage incurred as a
result of any interaction between you and a vendor accessible through the Service.
All matters, including but not limited to delivery of goods and services, returns,
and warranties are solely and strictly between you and the vendor.
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12.2 You acknowledge that MarketCells Limited does not warrant the vendors that
are accessible through the Service nor the goods and services that they provide. |
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13 |
Data privacy guarantee |
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13.1 MarketCells Limited guarantees to each Opinionate Community member that your
personal data is only used for bona fide market research purposes.
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13.2 As part of the Community member registration process, you will provide certain
personal profile information to MarketCells Limited. Remember to keep your registration
information updated. This information is evaluated anonymously and is not available
individually to the organizations that commission surveys or to any other person
or entity. Your personal information will only be used in accordance with
our Privacy Policy.
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13.3 The gathering, processing and usage of your data is conducted in accordance
with the UK Data Protection Act and EU regulations on Data Protection.
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13.4 MarketCells Limited guarantees that Opinionate community member data will never
be released in conjunction with your name address telephone or email to a third
party for the purposes of using this data as a sales or marketing tool.
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13.5 Your privacy is of the utmost importance to us and we guarantee to protect
it.
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13.6 The protection against data release only applies if you are a member of the
Opinionate Community and does not apply if you just decide to take part in polls
and prize draws.
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13.7 Your Personal Information
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13.7.1 We use your IP address to help diagnose problems with our server, and to
administer our Web site. Your IP address is used to help identify you. We use cookies
to deliver content specific to your interests and to save your password so you don't
have to re-enter it each time you visit our site.
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13.7.2 We do not collect personal information when you visit our site unless you
register, complete a survey or enter a contest.
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13.7.3 Unique identifiers are collected to verify the user's identity.
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13.7.4 When you register or enter a contest, we will ask you for the following information:
your contact information (such as your email address) and demographic information
(e.g., postal code, age and income level). We use contact data to send you information
about our company and to reach you when necessary. (You may choose not to receive
future mailings - see Choice/Opt-Out section below.)
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13.7.5 Users may opt-out of receiving future mailings; see the Choice/Opt-Out section
below.
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13.7.6 When you submit feedback or questions via email, or contact us for information
about our Web site, we will request your name and email address. We use this information
solely to respond to your inquiries.
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13.7.7 MarketCells Limited may disclose aggregate data and statistics in order to
describe the Site and services to prospective partners and other third parties,
and for other lawful purposes. We do not sell, rent, or otherwise disclose your
personal information to any third parties, and we do not use your mailing address
information for unsolicited marketing.
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13.8 Security. We use industry-standard SSL authentication to protect the confidentiality
and privacy of online transactions conducted at our site. SSL authentication and
encryption (scrambling) ensures that your online transaction and credit card information
are safe from third-party interception.
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13.9 Use of Cookies. This site uses "cookies." Cookies are small amounts of data
sent to your browser from the Opinionate Web servers and stored on your computer's
hard drive. Opinionate uses cookies to track the pages on the Site that our Users
have visited. This allows us to collect aggregate information about usage on the
Site. Opinionate may also use cookies to deliver content specific to your interests,
and to keep track of your username and password so that you do not have to re-enter
them during a session.
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13.10 Choice/Opt-Out. Our site provides users the opportunity to opt-out of receiving
communications from us at the point where we request information about the visitor.
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13.11 You agree that you do not object to being contacted for any of the above reasons,
whether by phone, email or in writing. You agree that you do not, and will not,
consider any of the above as a breach of your rights under the Telecommunications
(Data Protection and Privacy) Regulations 1999.
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13.12 We reserve the right to access and disclose individually identifiable information
to comply with applicable laws and lawful government requests. We also reserve the
right to disclose individually identifiable information to third parties where a
complaint arises concerning your use of this website, and that use is deemed by
us to be inconsistent with these Terms and Conditions.
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14 |
Contacting Opinionate |
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If you have any questions about this privacy statement, the practices of this site,
or your dealings with this Web site, you can contact:
Email:
info@opinionate.co.uk |
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15 |
Important disclaimers and legal information |
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15.1 MarketCells Limited does not represent, warrant or endorse the accuracy or
reliability of any of the information or content (collectively, the Materials) contained
on, distributed through, or linked, downloaded or accessed from this Web site (the
Service), nor any vendor listed on this Web site or the quality of any products,
services, information or other materials displayed, purchased or obtained by you
as a result of any information or offer in connection with the Service (the Products).
It is the sole responsibility of the person using this Web site to make independent
investigation of the quality, value and all other aspects relating to the listed
vendors, and the Products and Services provided by such vendors. MarketCells Limited
will not be liable for any loss or damage incurred as a result of any interaction,
communication, order or purchase between a member and any of the vendors contained
in this Web site. All matters, including, but not limited to, delivery of any Products,
returns and warranties are solely between the member and the vendors contained in
this Web site. You hereby acknowledge that any reliance upon any Materials shall
be at your sole risk.
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15.2 The Service and the Materials are provided by MarketCells Limited on an "as
is" basis, and MarketCells Limited expressly disclaims any and all warranties, express
or implied, including without limitation warranties of merchantability and fitness
for a particular purpose, with respect to the service or any materials and any products.
in no event shall MarketCells Limited be liable for any direct, indirect, incidental,
punitive or consequential damages of any kind whatsoever with respect to the service,
the materials and the products. |