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Terms and ConditionsEffective July 20th, 2018 Welcome to YouGov. The today.yougov.com website (the "Website") and the YouGov mobile application(s) currently available on the Apple AppStore and Google Play e-stores (the “App”) are owned, operated and provided by YouGov America Inc (a company registered in Delaware with company number 4402946 whose registered office is at 805 Veterans Blvd, Suite 202, Redwood City, CA, 94063 USA) (referred to as "YouGov", “we”, “our” or “us”). Use of the Website and App including survey pages and content to which you may be directed (together the "YouGov WebPages") and membership of the consumer research panel set up and administered by YouGov (the "YouGov Panel") and participation in any YouGov research activities as described in our Privacy and Cookies Policy ("YouGov Activities") is governed by these terms and conditions of use (the "Terms"). Our group companies located in other countries operate panels in their respective countries for which different terms apply. If you are not registering with the YouGov Panel operated by YouGov Plc, please refer to the website of the panel operated by the relevant YouGov group company. Please see our Privacy and Cookie Policy to understand how and why we collect your personal data, with whom we share it and the rights and choices you have over that data. 1. Acknowledgement and acceptance 1.1. By ticking 'I agree' during the process to register your participation as a member of a YouGov Panel ("Member"), or by participating in a YouGov Activity or by simply accessing and using the YouGov WebPages, you agree to be bound by these Terms. Should you not wish to accept these Terms, you must exit the YouGov WebPages immediately and/or or cease participation in the YouGov Panel or YouGov Activities. 1.2. YouGov reserves the right from time to time, to modify or amend these Terms or any part of them. Your continued use of the YouGov WebPages or continued participation in the YouGov Panel or the YouGov Activities once the changes take effect shall constitute an affirmative acknowledgement of any modification and your continued agreement to be bound by the modified Terms.
2. Terms of participation 2.1. YouGov Registration Process for YouGov Panel Members 2.1.1. To become a Member and to participate in a YouGov Panel, you need to register with YouGov and create a Panel Membership Profile following the registration process set out below (the "YouGov Registration Process"). 2.1.2. Prospective Members must complete a YouGov registration form each time they wish to join a YouGov Panel. Registration forms include: 2.1.2.1. The form available on the Website and App, but may also include registration forms hosted on third party websites; 2.1.2.2. Registration forms hosted by YouGov and accessed via third party websites; and 2.1.2.3. Registration forms accessed via links in an email sent to you by a third party or by YouGov where you have granted permission to receive such emails from these sources. 2.1.4. During each YouGov Registration Process prospective Members will be notified of any terms in addition to these Terms which shall apply to membership of the respective YouGov Panel. 2.1.5. You have to be 16 years or older to join the YouGov Panel. 2.2. Information you provide to us 2.2.1. In return for YouGov granting you access to the YouGov WebPages and/or the ability to participate in a YouGov Panel or YouGov Activity, you agree to: 2.2.1.1. Provide true, accurate, current and complete information about yourself as prompted by the YouGov Registration Process; 2.2.1.2. Maintain and promptly update your personal membership details including the Panel Membership Profile (defined below) so as to keep it true, accurate, current and complete; and 2.2.1.3. Provide true, accurate, current and complete information about yourself as prompted by YouGov whilst participating in a YouGov Panel or YouGov Activity. 2.2.2. If you provide any information that is untrue, inaccurate, not current, incomplete or inconsistent with prior answers to identical questions, or YouGov has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, YouGov has the right to suspend or terminate your current access to, use of, and/or participation in the YouGov Panel or YouGov Activities. For example, if in YouGov’s reasonable judgement your participation in YouGov Activities persistently indicates a location of residence different to the one you provided during the YouGov Registration Process, we reserve the right to suspend or terminate your membership or your participation in the YouGov Panel. This is subject to your right to refuse to answer any Panels or YouGov survey or information request. 2.3. Your Panel Membership Profile and YouGov Account 2.3.1. Once they have completed the YouGov Registration Process, Members will be provided with a profile ("Panel Membership Profile") and an account ("YouGov Account") for the YouGov Panel and those YouGov Activities for which Points (as defined below) is awarded. 2.3.2. Only one Panel Membership Profile is permitted per Member for the YouGov Panel and only one YouGov Account is permitted per Member for the YouGov Panel for which Points are awarded. Any Member found to have multiple Panel Membership Profiles and/or YouGov Accounts may have their primary and any secondary Panel Membership Profiles and/or YouGov Accounts deleted. Points earned via secondary YouGov Accounts may not be transferred. YouGov may demand proof of identity in the event of a dispute. 2.3.3. A unique email address must be used by each Member. (For example, this means that family members may not each have an account using a shared email address but must each have a separate account with a separate email address.) 2.3.4. Each Panel Membership Profile and YouGov Account must only be accessed by an individual Member, and may not be accessed by any other individual without the express permission and authorisation of YouGov. You agree to notify YouGov immediately you become aware of, or suspect any unauthorised use of your login information, Panel Membership Profile and/or YouGov Account, or any other breach of security. 2.3.5. In the event of access to your YouGov Account by another individual, YouGov reserves the right to suspend your and/or that other individual’s account until a resolution has been reached. YouGov reserves the right to reclaim any Points or other incentive earned by access of the unauthorised user. 2.3.6. Members may earn points for their YouGov Account ("Points") in the prescribed manner detailed on the YouGov WebPages, including for completing the YouGov Registration Process and for participating in the YouGov Panel and related YouGov Activities for which Points are awarded. The amount of Points that can be earned for participation in a YouGov Panel or related YouGov Activity will be notified to Members via authorised communications. 2.3.7. Unless otherwise specifically notified, Points can only be earned through following all and any instructions regarding earning Points. A Member's failure to correctly follow any required instructions or procedures may result in no Points being earned. 2.3.8. Points earned will be recorded in your YouGov Account, however no Points earned are ever available for redemption until the Member has (subject to paragraph 2.3.9 below) reached the specified fulfilment level advertised, together with details of the applicable reward(s) available, in the Account section of the Website.. If YouGov has suspended or terminated your YouGov Account for any of the reasons outlined in these Terms no Points that you have earned can be redeemed. 2.3.9. YouGov reserves the right to change the range of YouGov Activities and the YouGov Panel or related YouGov Activities for which Members may be eligible for Points and to vary the frequency of invitation to such activities. YouGov also reserves the right to alter the level of Points required before such Points can be redeemed. 2.3.10. Points may not be transferred to other YouGov Accounts nor pooled together in any manner and the sale or barter of Points is strictly prohibited. Points have no monetary value, and cannot be used for any purpose other than redeeming the designated reward. 2.3.11. YouGov may from time to time adjust a Member's YouGov Account upwards or downwards in response to errors which Members acknowledge may arise or suspected fraud, for which we have full authority. 2.3.12. YouGov reserves the right to terminate any YouGov Account that has been dormant for a period of 12 months or more. By ‘dormant’ we mean, where the Member has not participated in the YouGov Panel or any related YouGov Activity within the preceding 12 month period. YouGov will attempt to contact the Member, via their nominated email address, if their YouGov Account is at risk of termination through inactivity. In the absence of a satisfactory response, the YouGov Account will be terminated, and any unused Points will be forfeited. 2.4. Survey invitations 2.4.1. You acknowledge that: 2.4.1.1 if you register to the YouGov Panel, it is integral to your participation that we are able to send you emails and notifications inviting you to participate in surveys for research projects, whether via the Website or App or in person; and 2.4.1.2 if you wish to stop receiving such emails and notifications, you may terminate your membership in accordance with paragraph 6.1 of these Terms.
3. Prize polls 3.1. YouGov may ask you to participate in YouGov Activities which will enter you into a prize draw or may permit you to use your Points to enter into a prize draw. Such draws will be governed by the respective terms and conditions specified and displayed for each prize draw.
4. Referral Links 4.1. You may be able to earn extra Points by referring friends and family to the YouGov Panel, provided they join using a unique link that we provide to you for making referrals (“Referral Link”). The conditions attached to the awarding of such extra Points are explained in the Account section of the Website and App. When referring new panel Members, you agree to not pose as or claim to represent YouGov and you will not attempt to mislead or deceive prospective Members into using your Referral Link to join. You agree to make clear to any prospective Members you refer that they will be using your unique Referral Link and that you will receive Points if they join the YouGov panel via your Referral Link.
5. User Content 5.1. Use of the YouGov WebPages and participation in YouGov Activities or the YouGov Panel may involve you submitting survey responses and other content to us ("User Content") which may be visible to other users of the YouGov WebPages. 5.2. You acknowledge that User Content provided by you is your sole responsibility. This means that you, and not YouGov, are entirely responsible for all User Content you upload, post, link to, email or otherwise transmit via your use of the YouGov WebPages or your participation in any of the YouGov Activities or the YouGov Panel. 5.3. YouGov does not control or pre-screen the User Content posted on the YouGov WebPages and does not guarantee the accuracy, integrity or quality of such User Content, and therefore assumes no liability in respect of the User Content. 5.4. You understand that by using the YouGov WebPages, you may be exposed to User Content, and you agree that you must evaluate, and bear, all risks associated with the use of any User Content, including any reliance on its accuracy, completeness, or usefulness. Notwithstanding the foregoing YouGov shall have the right in their sole discretion to refuse, edit, move or remove any such User Content, whether or not that content violates these Terms. 5.5. With respect to all User Content you elect to transmit to us (including User Content you post on the YouGov WebPages), you grant YouGov a royalty-free, perpetual, irrevocable, non-exclusive licence (with the right to sublicense) to use, reproduce, modify, adapt, edit, publish, translate, create derivative works from, exploit, perform and display such User Content (in whole or part) throughout the world and/or to incorporate it in other works in any form, media or technology now known or later developed, for any purposes. 5.6. In the course of using the YouGov WebPages and/or participating in YouGov Activities or the YouGov Panel, you agree not to: 5.6.1. Upload, post, link to, email or otherwise transmit any information that is unlawful in any way in the United States of America, or in the State or country in which you reside; 5.6.2 Upload, post, link to, email or otherwise transmit any information that is abusive, defamatory, threatening, harassing, obscene, discriminatory, likely to cause distress, intended to incite hatred or is otherwise objectionable as determined by us in our sole discretion; 5.6.3. Impersonate any person (whether living or dead) or entity; 5.6.4. Forge headers or otherwise manipulate identities in order to disguise the origin of any content transmitted through the YouGov WebPages or provided through participation in YouGov Activities or the YouGov Panel; 5.6.5. Upload, post, link to, or otherwise transmit any information that you do not have a right to transmit; 5.6.6. Upload, post, link to, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail", "chain letters", "phishing emails", "pyramid schemes", or any other form of solicitation; 5.6.7. Upload, post, link to, email or otherwise transmit any material that contains software viruses or any other computer files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 5.6.8. Collect or store personal data about other individuals; or 5.6.9. Attempt to submit more than one vote per survey or do any other act that may affect the validity of any result obtained through any YouGov Activity or the YouGov Panel.
6. Terminating your membership 6.1. If you no longer wish to be a Member please contact YouGov. YouGov will terminate your account and cease to contact you within 7 days of receiving notice from you that you wish to terminate you membership. You therefore acknowledge and agree that if you terminate your membership you may receive emails from YouGov for a period of 7 days after the date of your notice. If you decide to terminate using the ‘Unsubscribe’ option on your YouGov Account page, you will retain any Points previously earned, you will cease to receive emails and notifications from YouGov and be unable to participate in the YouGov Panel or in any YouGov Activities unless and until you reactivate your YouGov Account. If you request the erasure of your YouGov Account you will forfeit all Points previously earned and be unable to reactivate your YouGov Account. We will erase all records as requested except to the extent local law requires retention of certain data in connection with business record retention requirements. 6.2. You agree that YouGov, in its sole discretion, may terminate or suspend your YouGov Membership, or participation in any YouGov Activities or the YouGov Panel, or remove or discard any User Content, for any reason, including, without limitation, for lack of use, or if YouGov believed that you have violated or acted inconsistently with the letter or spirit of these Terms. 6.3. You agree that YouGov may terminate your access to YouGov Activities or the YouGov Panel under any provision of these Terms without notice, and acknowledge and agree that YouGov may immediately deactivate your registration as a Member and/or bar access to YouGov Activities and the YouGov Panel. Further, you agree that YouGov shall not be liable to you or any third-party for any termination of your access to the YouGov Activities or the YouGov Panel. 6.4. YouGov reserves the right to terminate the YouGov Panel, or YouGov WebPages at any time. In such a case and unless specified otherwise, no YouGov Account Points will be redeemable by any Members.
7. Your obligation to reimburse us 7.1. You hereby agree to fully reimburse YouGov and its directors, officers, employees and agents from and against any and all liability, damages, losses, claims (including reasonable legal fees) each of them suffers or incurs resulting in any way from your use of the YouGov WebPages, the provision of User Content or your participation in the YouGov Activities or the YouGov Panel or resulting from any breach of these Terms whether such breach is carried out by you or by any other person through your Panel Membership Profile or YouGov Account as a result of your negligence.
8. Third party websites 8.1. Links included within the YouGov WebPages may let you leave the YouGov WebPages and enter into other website(s) ("Linked Site(s)"). The Linked Sites are not under the control of YouGov and YouGov is not responsible and nor shall it be liable for the contents of any Linked Sites or any links contained in a linked site or any changes or updates to such sites. YouGov is not responsible for webcasting or any other form of transmission received from any Linked Site. YouGov is only providing these links to you as a convenience and the inclusion of any link does not imply endorsement by YouGov of the site or any association with their operators.
9. Intellectual property 9.1. The Website and App and all pages and content within the YouGov WebPages, including, but not limited to, text, graphics, audio, video, photographs, software, inventions, surveys, logos or other materials (“Materials”) are the intellectual property of, or are authorised for use by, YouGov and its licensors, business partners and affiliates, including all trademarks, service marks, copyrights, patents, database rights and trade secrets contained therein. The compilation, organisation and display of the content as well as all software and inventions used on and in connection with the YouGov WebPages are the exclusive property of YouGov. Except as expressly permitted in these Terms, you may not modify, copy, reproduce, create derivative works, republish, display, upload, post, transmit, distribute or use in any way content available on the Website or App without the prior written consent of YouGov.
10. Other important terms 10.1. Notices relating to these Terms. All notices given by YouGov to Members will be sent to their designated email address provided by them during the YouGov Registration Process. 10.2 If a court finds part of these Terms illegal or otherwise invalid, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. 10.3 Reliance on these Terms. We intend to rely on these written Terms and any document expressly referred to in them in relation to the subject matter of any agreement between us. We and you will be legally bound by these Terms. 10.4 Events or circumstances beyond our reasonable control. If we are prevented or delayed from complying with our obligations under these Terms by anything you (or anyone acting on your behalf) does or fails to do or due to events or circumstances beyond our reasonable control, our inability or delay in performing our obligations will not be deemed to be in breach of these Terms. Examples of such events and circumstances include fire, flood and other acts of God, strikes, trade disputes, lock outs, restrictions of imports or exports, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war. 10.5 References to ‘including’ and other similar expressions. In these Terms, words that appear after the expression ‘include’, ‘including’, ‘other’, ‘for example’, ‘such as’ or ‘in particular’ (or any similar expression) will not limit the meaning of the words appearing before such expression. 10.6 We may transfer this Agreement to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will use commercially reasonable efforts to contact you to let you know of such transfer. If you are unhappy with the transfer you may contact us to end your membership within 14 days of us telling you about the transfer. 10.7 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. 10.8 Nobody else has any rights under these Terms. The agreement made under these Terms is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the agreement between us or to make any changes to these Terms. 10.9 Language. These Terms may be presented to you in more than one language. However, the English language version of these Terms shall prevail. Any agreement between us will be concluded in English. 10.10 Even if we delay in enforcing a Contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking the Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. 10.11 The laws that apply to these Terms, where you may bring legal proceedings and class action waiver. This Agreement is governed by and shall be construed in accordance with the laws of the State of California, the principal place of business of YouGov, without giving effect to any principles of conflicts of law. You agree to bring any claims against YouGov, exclusively in the courts of the county of San Mateo in the State of California. WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND YOUGOV AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and YouGov agree, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding. |