Flamingo Forum Terms & ConditionsIpsos Custom Panels - Terms & Conditions
1. Acceptance of Terms and Conditions
The Flamingo Forum website (the “Panel Site”) is provided to you by Ipsos, subject to the following Terms and Conditions. Use of the Panel Site indicates you accept these terms. If you do not accept these terms, do not use the Panel Site. Ipsos reserves the right to modify the Terms and Conditions at any time and may update them without notice to you. Terms and Conditions are considered effective upon posting of the modified guidelines on the panel.
1.1 Panel Membership
The Panel Site is designed to be an interactive panel where registered members (“Panel Members”) can answer questions and discussion threads posted to the Panel Site by Ipsos or Ipsos’ client [the company sponsoring the project] who sponsors The Panel Site (“Ipsos Client”) for research purposes. You agree to be a Panel Member and to adhere to these Terms and Conditions.
Membership of and access to Flamingo Forum is only for people who are 18 years of age or older, have passed the screening criteria, and for whom ongoing participation would not be medically contraindicated or otherwise inappropriate.
By agreeing to these Terms and Conditions, you confirm that you are eligible to be a Panel Member and agree to notify Ipsos immediately of anything that could affect your eligibility. You confirm that you are participating of your own free will and are aware that you can stop participating at any time.
You acknowledge that you are a member of the Panel Site, and accordingly, Ipsos shall compensate you for your participation in relevant surveys in accordance with the Survey Compensation Programme described in these Terms and Conditions.
All content is owned and controlled by Ipsos and/or Ipsos’ Client. You understand and agree that joining the Panel Site may include certain communications from Ipsos, such as administrative messages, and that these communications are considered part of the Panel membership and you will not be able to opt out of receiving them without ceasing to be a member of the Panel Site.
Unless explicitly stated otherwise, any new features that augment or enhance the current Panel Site, including the release of new features, shall be subject to these Terms and Conditions. You are responsible for obtaining access to the Panel Site and that access may involve third party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Panel Site.
1.2 Compliance with Relevant Rules
Panel Members may be invited to provide feedback via the Panel Site on specific products, provided to them by Ipsos. In such case, Panel Members must comply with any relevant product agreement or instructions and Panel Site membership may be contingent upon such compliance.
The Panel Site is a restricted access platform and you agree to treat any and all information posted or received through the Panel, or otherwise connected to the Panel Site, as strictly private and confidential.
You will choose a username and password upon completing the Panel Site registration process. You are responsible for maintaining the confidentiality of the username and password, and are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify Ipsos of any unauthorized use of your username and password or any other breach of security, and (b) ensure that you log-out at the end of each Panel session. Ipsos cannot and will not be liable for any loss or damage arising from your failure to comply with this.
At any time after the completion of the registration process you have the opportunity to add a picture of yourself or your choice. You can visit your profile at any time to add/remove/change your profile photo as well as change your user name, password and email address. You can access your profile information on the Panel Site: click on Account Settings, update your profile and save the updates you made by clicking on “Save”. You are fully responsible for the content posted as part of your Profile.3. User Profile Information
We may refuse to grant you, and you may not use, a screen name or email address that is already being used by someone else, that impersonates another person, that belongs to another person (without that person's prior consent), that violates the intellectual property or other rights of any person, that is vulgar or otherwise offensive, or that we reject for any other reason, at our sole discretion. In consideration of your use of the Panel Site, you agree that all information provided in your profile is accurate, true, current, and complete. Ipsos may terminate your account if any of the information provided is found to be inaccurate, false, out of date, or incomplete.4. Content of Messages
You understand that all opinions, information, data, text, messages or any other materials ("Content"), are the sole responsibility of the person from which such Content originated.
You understand that by using the Panel Site, you may be exposed to Content that is opinionated, offensive, indecent or objectionable. Under no circumstances will Ipsos be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Panel Site.
You may NOT use your registration membership or allow anyone else to use your registration membership to post, email, transmit or otherwise make available:
- Content that is abusive, vulgar, obscene, hateful, fraudulent, or that discloses private or personal matters concerning any person. This includes language, information, or images. Masked vulgarity, obscenity or profanity (e.g. “f*ck”) is deemed to be equivalent to including the actual objectionable word, phrase or symbol in your post, message or otherwise on in the Panel Site.
- Content that is threatening, harassing, libelous, defamatory or abusive, either between Panel Members or directed towards an Ipsos moderator, panel manager or other employee.
- "Rants," "slams," or threats of any nature against Ipsos or another company or competitor.
- Bigoted, racially, or ethnically offensive comments.
- Political or religious statements or commentary (unless within the scope of the topic area of a message board as determined by Ipsos at its sole discretion).
- Sexually oriented content (unless within the scope of the topic area of a message board as determined by Ipsos at its sole discretion)
- Off-topic comments not related to enterprise communities or the Ipsos platform.
- Any material that you don't have the right to transmit under law (such as copyright, patent, trademark, trade secret, securities or other proprietary rights of any party) or under contractual or fiduciary relationships (such as nondisclosure agreements).
- Language that promotes illegal activity or discusses illegal activities with the intent to commit them. This includes any message that solicits or promotes the use of an illegal substance.
- Unsolicited or unauthorized advertising, promotional materials, or other forms of solicitation including chain letters, pyramid schemes, class action suits, charitable appeals, "junk mail", or "spam". This includes advertising links in signatures.
- Any file or link to a file that contains viruses, corrupted files, "Trojan Horses," or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
- Duplicate posts, spam messages, or posts repeated excessively on one or more boards.
- Messages designed to evade profanity or other filters.
- Personal phone numbers or addresses (to protect privacy).
- Personal email addresses, private information such as social security numbers, or other contact information that is not your own, including, but not limited to Ipsos employee's email addresses.
- Hyperlinks that lead to sites that violate any of the Panel Site guidelines.
- Any message that impersonates another person or affiliation with an entity, including but not limited to Ipsos.
In addition, our guidelines do not permit you to:
- Intentionally violate any other applicable law, regulation, contractual or fiduciary relationships (such as by posting inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) while accessing and using our site.
- Interfere in any way with the operations in the Panel Site or with a fellow user's message box, including but not limited to mail or "post" bombing, news bombing, other flooding techniques, deliberate attempts to overload a system and broadcast attacks, or attempts to avoid messaging blocking.
- Evade bans or suspensions or otherwise disregard directions from Panel moderators or administrators.
Panel moderators may at any time and without prior notice remove any posted message or thread, delete words that violate these guidelines from posted messages, or ban your account for violating the above reasonable provisions.
You also agree to NOT use the Panel Site to:Harm minors in any way;Impersonate any person or entity, including, but not limited to, an Ipsos official, Panel moderator, leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Panel;Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Panel Site are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;Interfere with or disrupt the Panel Site or servers or networks connected to the Panel Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Panel Site;Intentionally or unintentionally violate any applicable local, provincial, state, national or international law;"Stalk" or otherwise harass another;Collect or store personal data about other users;
You acknowledge that Ipsos does not pre-screen Content before it’s posted to the Panel Site, but that Ipsos and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is posted via the Panel Site.
You acknowledge and agree that Ipsos may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Ipsos, its Client, Panel Site users and the public.
You understand that the technical processing and transmission of the Panel Site, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.5. Member Generated Content, Content Submitted or Made Available for Inclusion in the Panel Site
Ipsos makes no guaranty of the confidentiality or privacy of any communication or information transmitted on the Panel Site, or any web-site linked to the Panel Site, or otherwise in connection with the services and Ipsos will not be liable for the privacy of any e-mail addresses, registration and identification information, confidential or trade-secret information that is publicly posted.6. Sharing Content and Information made available on the Panel Site
Creating a Profile or adding Content or uploading a picture to your Profile is completely voluntary. Certain information you provide in your public Profile, such as your user name and profile photo are considered publicly available to everyone including other Panel Members, and therefore will not be kept confidential.
Even after you remove information from your profile or delete your account, copies of that information and all posts and content added to the Panel Site will remain viewable by Ipsos and the sponsoring company.
Unauthorized Use: If your user identification or password(s) is compromised, or if you become aware of any unauthorized use of your account or other breach of security, you are responsible for promptly notifying us. You can notify us by sending an email to email@example.com. Links to Websites
The Panel Site may provide links to other World Wide Web sites or resources. Because Ipsos has no control over such sites and resources, you acknowledge and agree that Ipsos is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Ipsos shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.8. Technology Requirements
We aim to:
• Ensure that the survey is delivered are in a form suited to your device.
• Assist in providing support to you should you have difficulty accessing or completing a survey.
b. Digital FingerprintingWe may also use digital fingerprinting technology, also known as "Machine Identification" digital fingerprints, to gather certain information about your computer hardware and software.
c. Other Information on Your Computer
We also automatically capture information about your IP Address, operating system, screen display settings, browser type, use of Flash and Java and to detect whether your computer has a webcam.9. Indemnity; Liability
You agree to indemnify, defend and hold harmless, Ipsos, its subsidiaries and affiliates, and each of its respective officers, agents, co-branders, clients or other partners, and employees, from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Panel Site, your use of the Panel Site, your connection to the Panel Site, your violation of the Terms & Conditions, or your violation of any rights of another.
Any unlawful or disparaging action caused by you during your membership within the Panel Site and to your participation within research surveys conducted by Ipsos, that may be considered a violation of criminal and/or civil law shall entitle Ipsos to seek all remedies in this regard to the full extent permitted by law and in equity. Ipsos disclaims any warranties, express and implied, related to your membership within the Panel Site and to your participation within research surveys conducted by Ipsos and Ipsos shall have no liability whatsoever (including without limitation liability for any indirect, special, incidental or consequential damages), to you or any third party, for your membership within the Panel Site and to your participation within research surveys conducted by Ipsos.
Except where prohibited, you agree that (1) any and all disputes, claims or causes of action arising out or connected with the Panel Site shall be resolved individually, without resort to any form of class action, and exclusively by arbitration or alternate dispute resolution, as selected by Ipsos, to take place in the County of New York, State of New York; (2) any and all claims, judgments and awards shall be limited to actual out of pocket costs incurred in participation but in no event attorney’s fees; and (3) under no circumstances will a member be entitled to obtain awards for and members hereby waive all rights to claim punitive, incidental, special and consequential damages and any other damages, other than for actual out-of-pocket costs, and any and all rights to have damages multiplied or otherwise increased.
You will release and forever discharge Ipsos, Ipsos’ client, each of their affiliated companies, and each of their respective officers, directors, shareholders, employees, and agents from and against all claims, lawsuits, causes of action, demands, losses, liabilities, obligations, judgments, damages, costs and expenses of any kind (including reasonable attorneys’ fees) (“Loses”) arising directly or indirectly out of any injury, death, property damage or other damage sustained or allegedly sustained by you resulting from the distribution, sale, consumption or use of or contact with a product in connection with any product test and evaluation research. This does not apply to any Losses which may be caused by Ipsos’ client’s or Ipsos’ gross negligence or any liability by the them under applicable product liability or consumer protection legislation10. No Resale of Service
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Panel Site (including your Panel Site username), Content within the Panel Site, use of the Panel Site, or access to the Panel Site.11. Ipsos Proprietary Rights
You acknowledge and agree that the Panel Site and any necessary software used in connection with the Panel Site ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in information presented to you through the Panel Site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Ipsos, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Panel Site or the Software, in whole or in part.
Ipsos shall own and retain exclusive ownership of its trademarks, logos, copyrights, any content of its website and other intellectual property rights ("Ipsos IP"). You may not use or reproduce any of the Ipsos IP without Ipsos’ prior written consent. Nothing in these Terms and Conditions shall be construed as granting you any license, right, title or interest in any Ipsos IP, or any patent, trademark, copyright, know-how, or similar right now or hereafter owned or controlled by Ipsos.12. Termination
Ipsos reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate (i) these Terms and Conditions; and/or (ii) your registration(s) with or ability to access the Panel Site upon any breach by you of these Terms and Conditions or otherwise. Notwithstanding any termination or expiration of these Terms and Conditions, whether by Ipsos or by you, the terms of Sections 3, 4, 5, 6, 7, 9, 10, 11, 13 and 15 shall survive.13. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. IPSOS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
IPSOS MAKES NO WARRANTY THAT (i) THE PANEL SITE WILL MEET YOUR REQUIREMENTS, (ii) THE PANEL SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PANEL SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PANEL SITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PANEL SITE 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 ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE PANEL SITE OR THROUGH THE PANEL SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS.
A SMALL PERCENTAGE OF PANEL SITE USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE PANEL SITE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE PANEL SITE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE PANEL SITE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
These Terms and Conditions and any other terms or documents referred to herein represent your entire agreement with Ipsos with respect to your use of the Panel Site or any part thereof. You understand and agree that, except as expressly set forth herein, these Terms and Conditions are not intended to confer and does not confer any rights or remedies upon any person other than the parties to these Terms and Conditions. Ipsos’ failure to pursue any available claim or defense pursuant to these Terms and Conditions or otherwise will not be a waiver of such claim or defense. The headings used in these Terms and Conditions are for convenience only, and will have no effect on the interpretation or legal enforceability of the terms herein. Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Terms & Conditions and the decisions of Ipsos or the Panel Managers in connection with the Panel Site, shall be governed by and construed in accordance with the laws of the State of New York, without regard for conflict of laws doctrine. Should any term or provision of this paragraph or any other rule herein be concluded to be void, unenforceable or contrary to applicable law as provided herein, such term or provision shall, but only to the extent necessary to bring the rule within the requirements of such law, be deemed to be severed from the other terms and conditions; and the remainder of these Terms and Conditions shall be given effect as if it had not included the severed item.
These Terms and Conditions were last reviewed on September 5, 2019.