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Terms and conditions

Effective 3rd july 2018.

 

  1. Introduction

These Terms of Use (this "Agreement") describe the terms and conditions applicable to your use of yovoco services. You should read it, understand it, and review it periodically for updates. If you have any questions that our FAQ cannot answer, please contact Customer Service. If you do not agree to this Agreement, do not use our web site or services. We reserve the right to change, modify, add or remove portions of this Agreement at any time, at our sole discretion. Your continued use of our site will always indicate your acceptance of this Agreement and any changes to it.

 

The yovoco Website – www.yovoco-panel.com ("Site") and service ("Service") is at present owned and operated by Daniela Hamberger und Olaf Siemen GbR, Steller Chaussee 12, 21435 Stelle, Germany (referred to hereafter as "yovoco", "Site" or "Service").

 

  1. Acceptance of User Agreement

This Agreement applies to your access to, and use of, yovoco web sites (the "Site") and the services provided by yovoco. The Site, the service, and any other services yovoco provides are referred to in this Agreement collectively as the "Services."

Membership of the Service is conditional upon acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Site, referred to hereafter collectively as the 'Terms and Conditions' ("TAC").

 

BY SUBMITTING THE MEMBERSHIP APPLICATION ON THE SITE OR USING ANY OF THE SERVICES AVAILABLE ON OR THROUGH THE SITE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THESE TAC.

 

If you do not agree to our TAC, which includes by incorporation our Privacy Policy, you must immediately terminate your account by following the instructions provided on the Site.

 

  1. The Services

The Services allow persons who meet eligibility requirements to take surveys or register for our user panel (the "Panel"). Panel members may be eligible to participate in surveys on the Site.

 

  1. Service Eligibility and Registration

The Services may be used only by persons who are at least 18 years of age. The Services are not intended for the use of children under 18 years of age. Use of the Services is void where prohibited.

 

BY ACCESSING OR USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU MEET THE ELIGIBILITY REQUIREMENTS AND WILL ABIDE BY THE TERMS OF THIS AGREEMENT.

 

  1. Participation Requirements

Your ability to participate in the Services is expressly conditioned upon your compliance with this Agreement and with all policies and guidelines applicable to the Services that yovoco may make available from time to time. In the event of your noncompliance, fraud or other inappropriate activity (as determined by yovoco in its sole discretion), yovoco may cancel or invalidate your eligibility, accounts, registrations and rewards, deny redemption of rewards, or restrict, block, limit, and prevent your access to and use of the Services and, further, all incentives and rewards shall be subject to forfeiture. Without limiting the generality of the foregoing, the following requirements apply to your use of the Services:

  • Non-Use and Nondisclosure. Information and content made available to you in the Services may contain trade secrets or other confidential or proprietary information of yovoco's  suppliers or licensors. You must hold in strict confidence and not disclose to any other person any information and content that you access or learn in connection with your participation in any survey, project, questionnaire, or other market research activity related to the Services. You must not use any such information or content for any purpose other than your participation in the Services in accordance with this Agreement. You hereby agree to notify yovoco immediately if you learn of or suspect any use or disclosure of, or access to, any such information or content other than as specifically authorized in this Agreement.
  • Registration Information. You agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Services; (b) maintain the security of your password and login credentials; and (c) maintain and promptly update your registration information and any other information you provide to yovoco, so as to keep it accurate, current and complete. Registration requires information that includes without limitation your full legal name, your date of birth, the address of your primary residence, your phone number and your functioning email address.
  • Multiple Accounts. You may have only one active account at any time. Only one account per mailing address is allowed. Multiple accounts for any person or mailing address are subject to termination and forfeiture of all incentives and rewards.
  • Compliance with Laws. You must at all times comply with all applicable laws, rules, regulations, and orders, and not cause yovoco to violate any laws, rules, regulations, or orders.
  • Good-Faith Participation. You agree to participate in good faith and to the best of your ability in any market research activities in which you participate in connection with the Services. You will not provide false or misleading data, including without limitation, survey responses that are inconsistent with prior responses or statistically improbable.
  • Appropriate Communications. If you communicate with our FrontDesk or other yovoco personnel ("Personnel"), you agree to do so in a respectful and appropriate manner. You shall not send, upload, share or otherwise distribute to Personnel, Personnel affiliates or other users of the Services any rude or offensive communications or any content that is obscene, vulgar, sexually-oriented, shock-oriented, threatening, hateful, illegal or otherwise inappropriate.
  • User Content. You may provide information to yovoco in connection with your participation in market research or otherwise in connection with the Services, including survey responses, ideas, feedback, or other information or content ("User Content"). If you provide any User Content, unless yovoco expressly indicates otherwise, you grant yovoco and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media, without acknowledgement or compensation to you.
  • By providing any User Content, you represent and warrant that you have the lawful right to provide it, and that it is accurate and complete. You must not provide any User Content that:
  • Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, false, inaccurate, misleading, fraudulent, or impersonates or misrepresents an affiliation with any person or entity;
  • Would violate an obligation of confidentiality or the rights of any person or entity, or that would otherwise create liability or violate any local, state, national, or international law;
  • May infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any person or entity;
  • Contains any private information of any person or entity, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers;
  • Contains any viruses, corrupted data or other harmful, disruptive, or destructive files or information; or
  • In the sole judgment of yovoco, is objectionable, does not reflect your good faith efforts to be responsive to survey or market research questions, or which may expose yovoco or its licensors or suppliers to liability of any type.

 

  1. yovoco Reward System

Under certain circumstances, Members may be rewarded in money ("Rewards") for participating in certain activities such as completing surveys. Rewards can only be granted to active Members who dispose of a valid email address and PayPal-account.

 

Members may be invited by email to a certain survey under specification of the possible reward that they may receive for the valid (according to these TAC) completion of that activity. The invitation email may include specific information about the possible reward.

 

However, in some cases if a certain survey is not available anymore or the Member is not suitable for the survey for any reason, the Member may be forwarded to a similar but differently rewarded survey. The Member has the right to refrain from the conduction of these surveys.

 

The Member will not be rewarded if his survey responses contain invalid and/or untrue information. Untrue and/or invalid information may result in membership cancellation.

yovoco reward balance can be accumulated and redeemed through a necessarily required PayPal account. The Member is entitled to redeem rewards via his PayPal account as long as his active membership lasts, but limited to a period of 12 months from the termination of the respective relevant survey.

 

Rewards cannot be transferred to other Members or third parties.

 

  1. Copyright and Limited License

The Services and other materials contained on the Site or within the Services, including, without limitation, the yovoco marks, logos, and all information, content, designs, text, graphics, information, data, software, other files, and the selection and arrangement thereof (collectively, the "Content"), are the property of yovoco and its suppliers and licensors and are protected by U.S. and international copyright laws.

 

As long as you comply with this Agreement, yovoco grants you a limited, revocable, non-transferable, and non-exclusive license to access and use the Services, solely for your personal, non-commercial purposes. Except for those rights expressly granted in this Agreement, no other rights are granted, either express or implied, to you under this Agreement. Unless explicitly stated in this Agreement, nothing in this Agreement will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

 

Any use of the Services or any Content other than as specifically authorized in this Agreement, without the prior written permission of yovoco, is strictly prohibited and will terminate the license granted in this section. Unauthorized use may also violate applicable laws and regulations, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes, and the rights of yovoco and of third parties.

 

  1. Trademarks

yovoco marks and logos, the yovoco design and other product or service names or slogan contained in any Content or otherwise within the Services are property of yovoco, its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of yovoco or the applicable right holder. All other trademarks, registered trademarks, product names and company names or logos appearing in the Services or in any Content are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by yovoco. All rights are reserved.

 

  1. Disclaimer of Warranties

YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, IS AT YOUR SOLE RISK. THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. yovoco, ITS AFFILIATES, LICENSORS, AND SUPPLIERS, AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, AGENTS, AND EMPLOYEES (COLLECTIVELY, THE "PROVIDERS") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NEITHER yovoco NOR ANY OTHER PROVIDERS WARRANT UNINTERRUPTED USE, OPERATION, OR AVAILABILITY OF THE SERVICES OR ANY CONTENT, OR THAT ANY SUBMISSION OR TRANSACTION REQUEST YOU ATTEMPT USING THE SERVICES WILL BE SUCCESSFUL, UNCORRUPTED, OR COMPLETED WITHIN A REASONABLE AMOUNT OF TIME. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DELAY OR LOSS OF ANY KIND THAT RESULTS FROM YOUR ACCESS TO, OR USE OF, THE SERVICES AND THE CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM yovoco OR ANY OTHER PROVIDER THROUGH OR FROM THE SERVICES, WILL CREATE ANY WARRANTY REGARDING THE SERVICES THAT IS NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

 

  1. Indemnification

You will indemnify and hold harmless yovoco and all other Providers from and against any costs, damages, expenses, and liabilities (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content, your use of the Services or any Content, your violation of this Agreement, or your violation of any rights of a third party.

 

  1. Third-Party Content

Services may contain links or references to information, content, and services provided by third parties (collectively, "Third-Party Content"). yovoco does not monitor or have any control over Third-Party Content. yovoco does not endorse or adopt any Third-Party Content and can make no guarantee as to its accuracy or completeness. yovoco undertakes no responsibility to update or review any Third-Party Content, and does not represent or warrant the accuracy of any information contained in any Third Party Content. You use any Third Party Content contained therein at your own risk. Views expressed in Third Party Content are not endorsed by yovoco.

 

  1. Privacy

yovoco may collect registration data and obtain other information about you through the Services. Please see our Privacyfor information regarding yovoco's collection, use, and disclosure of such information.

 

  1. Feedback

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, original or creative materials, or other information or content provided by you to yovoco, to the extent it is not User Content, will become the sole property of yovoco. yovoco will own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of such information and content for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Further, you hereby grant to yovoco a perpetual and irrevocable license to use such information and content for any purpose.

 

  1. Independent Contractors

You and yovoco are independent contractors for all purposes. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement or by your access to or use of the Services.

 

  1. General

Termination

Notwithstanding any term of this Agreement, yovoco reserves the right, without notice and in its sole discretion, to discontinue or terminate any of the Services, to terminate your license to use the Services, to delete any Panel registrations or other accounts, to delete rewards without redemption, and to restrict, block, limit, and prevent your access to and use of the Services. Any termination or other action by yovoco described in this paragraph will not limit any other remedies available to yovoco at law, equity or otherwise.

 

Updates to this Agreement

yovoco may update this Agreement from time to time. When it does, it will revise the "updated" date on this Agreement. You are responsible for reviewing and adhering to the most recent update of this Agreement.

 

General Legal Notices

By accessing or using the Services, you consent to receiving electronic communications from yovoco. These communications may include notices about your account and information concerning or related to the Services. You agree that any notices, agreements, disclosures, or other communications that yovovo sends to you electronically will satisfy any legal communication requirements, including any requirement that communications be in writing.

yovoco's failure to act in a particular circumstance does not waive its ability to act with respect to that circumstance or similar circumstances. Any provision of this Agreement that is found to be invalid, unlawful, or unenforceable will be severed from this Agreement, and the remaining provisions of this Agreement will continue to be in full force and effect. The section headings and titles in this Agreement are for convenience only and have no legal or contractual effect. Any provisions in this Agreement that by their nature should survive the termination of this Agreement (including, without limitation, provisions governing indemnification, limitations on liability, disclaimers of warranty, and ownership of intellectual property) will continue to remain in full force and effect after the termination of this Agreement.

These Terms and Conditions are governed by the laws of Germany without giving effect to that country regarding conflicts of laws. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This document sets forth the entire understanding and agreement between us with respect to the subject matter hereof.

This Agreement, including all terms, policies, and guidelines referenced in this Agreement, is the entire agreement between you and yovoco concerning the Services. This Agreement supersedes all prior agreements or communications between you and yovoco regarding the subject matter of this Agreement.

 

Contacting yovoco

If you wish to contact us regarding any questions or concerns about this Agreement or the Services, please view our www.yovoco-panel.com page.

 

  1. SALVATORY CLAUSE

Should any part of this agreement be invalid for any reason, it is to be replaced with a corresponding text, which is valid and equivalent to the intended meaning. The rest of the agreement shall remain unaffected and valid.