Terms & Conditions

Last revised as of Jan, 1 2016

 

Agreement to be Bound.

By accessing a POC, continuing to access a site, or downloading materials from a site, you agree to abide by the terms of use described in this notice. If you do not agree to abide by these terms of use, do not use a site or download materials from a site.

 

General Information.

These terms of use apply to content, services, and related activities conducted through the following Internet domains and through applications that run on mobile devices, or other similar means (each a “Point of Contact” or “POC”).

 

myclearopinion.com

bnpmedia.com

clearseasresearch.com

myclearopinionpanel.com

clearseassurveys.com

bnpmarketresearch.com

clearmarkettrends.com

 

When we refer to “we,” “us,” or “our,” we mean BNP Media and BNP Media II, a Michigan limited liability company, or the specific division, subsidiary, or affiliate that operates a POC, provides its content, or processes information received through it, each as appropriate and applicable.

 

When we refer to “you” or “your,” we mean the person accessing, or interacting using, a POC.  If the person accessing the POC does so on behalf of, or for the purposes of, another person, including a business or other organization, “you” or “your” also means that other person, including a business organization.

 

These Legal Notices and Terms of Use apply concurrently with the privacy policy posted and available through the respective POCs.

 

Legal Notices and Terms of Use

 

Copyrights and Other Intellectual Property.

All POCs are © 2008-2013 by us and we reserve all rights. You may inquire about rights to reproduce content from a POC by e-mailing us using the technical support e-mail address below.

 

ALL RIGHTS IN ALL MATERIALS POSTED ON POCS EITHER BELONG TO US OR ARE LICENSED BY US WITH THE RIGHT TO SUE AND OTHERWISE ENFORCE INTELLECTUAL PROPERTY RIGHTS IN SUCH MATERIALS.  YOU MAY NOT COPY ANY MATERIAL FROM ANY POC WITHOUT OUR EXPRESS PERMISSION IN FOR FORM OF A RECORD SIGNED BY US.

 

DMCA Copyright Notifications

We do not knowingly permit anyone to post materials on a POC where such posting would violate copyright or other applicable law, including the Digital Millennium Copyright Act (“DMCA”) (including 17 USC § 512).  If you are a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed by any material on any POC, you may notify us of claimed infringement by sending to us a notice containing the following elements.

 

(i)        A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(ii)        Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single POC are covered by a single notification, a representative list of such works at the POC.

(iii)       Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.

(iv)       Information reasonably sufficient to permit the us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

(v)        A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

(vi)       A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Our designated agent for receipt of such notices is:

 

Privacy Manager

BNP Media

2401 W Big Beaver, #700

Troy, MI 48084

T. 248 362 3700

F. 248 244 3932

privacy@bnpmedia.com

 

 

Child Online Privacy Protection Act (COPPA) Compliance and Related Information

The Child Online Privacy and Protection Act (COPPA) regulates online collection of information from persons under the age of 13.  It is our policy to refrain from knowingly collecting or maintaining personally identifiable information relating to any person under the age of 18. If you are under the age of 18, please do not supply any personally identifiable information through any POC. If you are under the age of 18 and have already provided personally identifiable information through the site, please have your parent or guardian contact us immediately using the information below so that we can remove such information from our files.

 

Limited License.

Subject to these terms of use, we grant to you a non-exclusive, non-transferable, limited right to access the POCs and the materials thereon. You may use the POCs for informational purposes and in connection with the purchase of products or services from us.

 

No Interruption.

You agree not to interrupt or attempt to interrupt the operation of any POC in any way.

 

Use of Materials.

We authorize you to view and download materials from the POCs only for your use in connection with the purchase or evaluation of our products and services, the performance of activities associated with each POC, or in the exercise of any rights described in a POC. This authorization is not a transfer of any rights in the materials other than those expressly granted. Any copies you make of the materials (including by printing or by retaining electronic copies) are subject to the following restrictions.

 

(1)        You may not remove, or disassociate, from any of the materials any copyright or other proprietary notices contained in the materials;

 

(2)        You may not modify, reproduce, display, perform, distribute, prepare derivative works from, or otherwise use the materials for any purpose not expressly permitted by these terms of use; and

 

(3)        You may not transfer the materials to any other person.

 

Information Posted on or through the POC

Except as expressly requested in a POC, you must not provide to us any information that you do not want published on a POC or presented to other users of a POC.  To the extent that you provide to us any information by posting it on the POC or submitting to us any information for posting on the POC (including, but not limited to, text, graphic materials, audio, video, or any other materials):

 

(1)        You represent and warrant to us and to all others that access any POC that you own, or possess sufficient rights in, all such materials and all such parties may regard such information as publicly disclosable and, in any case, not your confidential information;

 

(2)        You represent and warrant that you have the authority to grant to us the right to use the likeness of any person (including, but not limited to, yourself) appearing in any still or moving images for such purposes as we see fit, including, but not  limited to, commercial promotion of our products and/or services, and you grant to us that right;

 

(3)        You grant to us an exclusive, irrevocable, worldwide, fully-paid, royalty-free license to use, reproduce, display, publicly perform, prepare derivative works from, transmit and distribute such information as we see fit;

 

(4)        You grant to us the right to sue or to otherwise enforce all intellectual property rights in such materials (including the right to sue for past infringement) including, without limitation any user of a POC or other person who copies, replicates, duplicates, or windows any such materials; and

 

(5)        We are free to use any ideas, concepts or know-how contained in such information without any compensation or remuneration to you.

 

CAN-SPAM, Telephone Consumer Protection Act, and Similar Law.

Your use of a POC establishes a business or other applicable relationship with us for purposes of CAN-SPAM, the Telephone Consumer Protection Act, and all other applicable law that addresses unsolicited commercial communications.  By accessing, or continuing to access, this POC, you agree that we or our agents may call, e-mail, or otherwise communicate with you regarding promotion of the sale, lease, or exchange of goods, services, real property, or any other thing of value.

 

Misuse of the POCs.

You may not make any statements on, or provide or post any information to, a POC that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that, without due authorization, incorporates the proprietary material of another.

 

Disclaimer of Warranties.

THE POCS AND ALL MATERIALS AVAILABLE ON OR THROUGH THEM ARE PROVIDED WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH THE USER.  WE FURTHER DISCLAIM ALL IMPLIED WARRANTIES AS TO INFRINGEMENT OR MISAPPROPRIATION, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

 

Revisions to Terms of Use.

We reserve the right, at our sole discretion and without any notice, to change, modify, add, or remove any portion of these terms and conditions at any time. Changes in these terms and conditions will be effective when the revised terms and conditions are posted. Your use or continued use of any POC after any changes to these terms and conditions are posted will be considered acceptance of those changes. READ THESE TERMS AND CONDITIONS AND THE RELATED PRIVACY INFORMATION EVERY TIME YOU ACCESS ANY POC TO MAKE SURE THAT YOU CONTINUE TO AGREE TO THEIR TERMS.

 

Changes to the POC.

We may terminate, change, suspend, or discontinue any aspect of any POC, including the availability of any features of any POC, at any time. We may also impose limits on certain features and services or restrict your access to parts or a POC or one or more entire POCs without notice or liability. We may terminate the authorization, rights, and license given above and, upon such termination, you will immediately destroy all materials that you obtained from or through the POC and that are in your possession or control.

 

International Users.

All POCs is controlled, operated and administered by us or our agents from offices within the United States of America utilizing servers located in the United States of America. We make no representation that materials available through any POC are appropriate or available for transmission to or from, or use in, locations outside of the jurisdiction(s) stated above and accessing any POC from any jurisdiction where such POC’s contents are illegal is prohibited. You may not use any POC or export the materials in violation of import or export laws and regulations. If you access a POC from a location outside of the United States of America you are responsible for compliance with all local laws.

 

Choice of Law, Jurisdiction, and Venue.

The laws of [the State of Michigan and the federal laws of the United States of America (without regard for choice of law rules) govern these terms of use, the privacy policies, and performance under them.  Any suit or other action arising out of, or in any way connected with, your use of any POC may be brought only in the courts of the State of Michigan sitting in Oakland County, Michigan or in the United States District Court for the Eastern District of Michigan.  You irrevocably consent to the jurisdiction and venue of such courts.

 

Limitation of Actions.

You must commence any suit or other action in connection with your use of any POC within one year after events giving rise to the claim or cause of action occur.

 

Partial Invalidity.

If, for any reason, a court of competent jurisdiction finds any provision of these terms of use or any privacy policy, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these terms of use and the privacy policy, and the remainder of these terms of use shall continue in full force and effect.

 

Responsibility for Username and Password

We may provide to you a username and a password to use in accessing one or more POCs.  Until you notify us otherwise and we have had a commercially reasonable time to respond to your notice, we may, and will, assume that every transaction entered into, every authorization received, and every act or omission undertaken using your username and password are fully authorized by you.  Except to the extent that your password or account are compromised by our gross negligence, you are entirely and absolutely responsible for all activity performed using your username and password.  KEEP YOUR PASSWORD CONFIDENTIAL.  DO NOT WRITE IT DOWN.  CHANGE IT OFTEN.  DO NOT USE COMMON WORDS OR NAMES OF PETS, FAMILY MEMBERS CELEBRITIES, OR OTHER WORDS THAT ARE EASILY GUESSED.

 

Other Provisions

Certain areas and features of POCs contain terms and conditions specific to those areas and features.  Such terms and conditions are in addition to these terms and conditions and prevail over these terms and conditions and the privacy policy only to the extent it is not possible to construe these terms or the privacy policy consistently with such other terms and conditions.

 

Warning regarding Other Users of POCs

WE DO NOT INVESTIGATE OR VET ANY USERS OF ANY POC.  YOU SHOULD NOT ASSUME THAT ANY INFORMATION YOU RECEIVE THROUGH ANY POC POC FROM ANY OTHER PERSON IS TRUE, ACCURATE, OR VERIFIED BY ANYONE.  YOU USE EACH POC AT YOUR OWN RISK.  WE ARE NOT, AND WILL NOT BE, LIABLE TO YOU FOR ANY DAMAGES, COSTS, SUITS, ACTIONS, LOSSES, OR ANY OTHER HARM THAT RESULTS FROM YOUR USE OF ANY INFORMATION PROVIDED BY OR THROUGH ANY POC OR RESULTING FROM ANY ACT OR OMISSION OF ANY OTHER PERSON, WHETHER A USER OF A POC OR OTHERWISE.

 

Limitation of Liability

Without affecting any other limitation of liability contained in these terms of use or otherwise:

 

(a)        IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF ANY POC OR ANY SERVICE RELATED THERETO, INCLUDING, WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF ANY POC OR SERVICE RELATED THERETO OR PERSONS INTRODUCED TO YOU THROUGH ANY POC OR SERVICE RELATED THERETO; and

(b)        IN NO EVENT WILL WE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE ANY POC OR ANY SERVICE RELATED THERETO, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF WE KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL OUR AGGREGATE LIABILITY, ON ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT, EXCEED THE PRICE, IF ANY, PAID BY YOU TO US FOR GOODS, SERVICES, AND.OR SOFTWARE.

 

Other Generally Applicable Terms

 

Payment for any survey is not intended in any way to establish an employer/employee relationship.

 

Your participation with respect to each POC, and/or CLEARcash™ Rewards Program is voluntary and solely at your discretion.

 

You must provide all equipment, services (including, where applicable, telephone service), and all related third-party service fees (such as Internet Service Provider charges, telephone service charges, etc.) necessary to access each

 

You may not use any automated process or script, or tamper with any survey link or automated service used to accumulate monies or to earn rewards.

 

You may not redeem or otherwise use any discount, credit, benefit, or consideration.

 

We may, upon your violation of these terms, revoke any or all  earned monies, points, or rewards, or other consideration.

 

You may participate with respect to the CLEARcash™ Rewards Program using only one account per natural person.

 

The CLEARcash™ Rewards Program account balances, points and rewards are non-transferable and are void if transfer is attempted.

 

Your privileges and any accumulated rewards, credits, or other consideration will expire and terminate upon your death.

 

You may not barter, sell, exchange, or otherwise transfer any rewards, credits, or other consideration.

 

MyCLEARopinion™ accounts and CLEARcash™ Rewards Program points may not be merged under any circumstances.

 

We may adjust CLEARcash™ account totals are for activity that has been deemed in violation of the rules or fraudulent. We might or might not give you notice of any such adjustment.

 

We may limit enrollment in any myCLEARopinion™ panel at any time.

 

You may not share your username, password, or any other element or aspect off your user credentials or account.

 

You represent and warrant on an ongoing basis that  all information that you provide to us will be truthful, accurate, current, complete, and not misleading.  You must promptly update any information that changes (e.g., name, address, or other information).

 

We reserve the right to require proof of identification in order to claim rewards or other consideration.

 

We may cancel or disable any account that is inactive for a period of twelve (12) consecutive months.

 

Terms Specific to CLEARcash™ Rewards Program

 

The CLEARcash™ Rewards Program is open to qualified users 18 years of age or older and residing in the U.S. or Canada, excluding our full or part-time employees, their families and the parent company.  To participate, you must have a valid e-mail account/address and a valid residential mailing address.

 

Except where local law requires that rewards point have a cash value (in which case each reward point has a cash value of $0.005), Rewards points have no cash value and may not be redeemed for cash.  CLEARcash™ Rewards Program points are redeemed for rewards as offered and/or issued through myCLEARopinion™ at the time of redemption.

 

We are not responsible for lost or stolen rewards once issued.

 

Rewards are subject to change at any time without notice.

 

The quantity of CLEARcash™ Rewards Program points required to redeem for rewards is subject to change at any time without notice.

 

Without limiting any other remedy or power, we may regard any communication, award, transaction, or occurrence as final and not subject to further inquiry after the 90th day following the transaction, communication, or event.

 

We will subtract CLEARcash™ Rewards Program points from your account on the applicable redemption date(s).

 

CLEARcash™ Rewards Program accounts meeting minimum redemption requirements are automatically redeemed by myCLEARopinion™. CLEARcash™ Rewards Program points are then converted into an Amazon® gift card. Currently, 100 points of CLEARcash™ Rewards Program is equal in value to one (1) U.S. Dollar and are only redeemable as an Amazon gift card. Once redeemed, CLEARcash™ Rewards Program points will not be reinstated to Member’s account. We reserve the right to alter the redemption schedule dates and point-to-dollar value amounts.

 

All goods and/or services offered when redeeming CLEARcash™ Rewards Program points are offered by third party web sites (“Third Party Web Sites”), and we do not operate, control, or endorse any goods, services or information by these Third Party Web Sites in any way.  We assume no responsibility, obligation, or liability for the transaction between Member and Third Party Web Sites, including but not limited to fulfillment and timeliness of delivery of goods and/or services; security associated with transaction directly initiated by Member with Third Party Web Site; maintenance of privacy of any personal information that you give to any Third Party Web Site.

 

We are under no obligation to provide members with any particular number of CLEARcash™ Rewards Program earning opportunities. You might be ineligible to receive certain CLEARcash™ Rewards Program point earning opportunities.

 

You may not accrue CLEARcash™ Rewards Program points or spend CLEARcash™ Rewards Program points in a manner inconsistent with the rules of CLEARcash™ Rewards Program

 

We may adjust your CLEARcash™ Rewards Program point balance with award reversals for surveys not completed, cancelled, disqualified or for suspected fraudulent activity.

 

We may limit the opportunities to earn CLEARcash™ Rewards Program points available to you while your account is or remains inactive.