1. Applicability; Agreement
These Terms and Conditions (these “Terms”) govern and apply to your use of Nakatomi’s services, including, but not limited to, (1) membership with an Wallstreet panel or subpanel (individually a “Panel” and collectively the “Panels”), (2) use of and/or access to any Panel website (individually a “Website” and collectively the “Websites”), (3) participation in any survey or study offered, provided, hosted or administered by or through Nakatomiand (4) your eligibility for, and/or redemption of, rewards, incentives and prizes offered for certain actions and activities, including, but not limited to, successfully completing surveys (collectively, the “Services”).
By accessing, using and/or participating in the Services, you hereby expressly agree to comply with and be bound by these Terms.
NAKATOMI reserves the right to refuse, restrict, prohibit or reject your access to, use of, and/or participation in the Services, at any time and for any reason.
2. Membership Eligibility
Panel membership is generally open to individuals who satisfy the requirements for membership, including, but not limited to, the minimum age requirement and geographic location requirement. The requirements for Panel membership may vary for each Panel. We only allow one member per unique email address. Nakatomi may refuse to provide the Services to anyone, at any time and for any reason or no reason.
3. Use of the Services
The Services are for personal, non-commercial use. You may use the Services only when and as available. Nakatomi reserves the right to change, modify or eliminate, and/or restrict or block access to, all or any part of the Services, without notice, at any time, for any reason or for no reason.
Nakatomi provides Panel members and non-Panel members with the opportunity to participate in surveys. Participation in surveys is voluntary. By agreeing to become a Panel member, you agree to receive invitations to participate in surveys. Additionally, Nakatomi may provide Panel members with the opportunity to communicate with other Panel members and/or Nakatomi. You may unsubscribe from Panel membership at any time; see Section 10 “Opt Out Policy” below.
4. Panel Registration; Passwords
You may access any Website(s) as a visitor without registering for membership with the Panel associated with the Website(s) and without providing or disclosing personal information.
In order to register as a Panel member, you must register with or for the Panel and provide certain personal information. Panel members and non-Panel members are required to truthfully provide all information. Nakatomi reserves the right to restrict or prohibit your use of, access to and/or participation in the Services if you provide, or Nakatomi reasonably suspects that you have provided, information that is untrue, inaccurate, not current, or incomplete.
Nakatomi will either: (i) issue a user name and password to a Panel member, or (ii) permit a Panel member to create his/her own user name and password. Panel members are solely responsible for the security of their user names and passwords and will be solely liable and responsible for any use, whether authorized or unauthorized, of their membership accounts. Nakatomi strongly recommends against the use of a social security number, financial account number or any other identification or account number, as a user name or password.
Panel membership is specific to the individual who registers for membership with the Panel.
You acknowledge that you are accessing, using and/or participating in the Services in the capacity of an independent contractor and that no agency, partnership, join venture, employee-employer or franchisor-franchisee relationship is intended or created by this agreement.
5. Unauthorized Uses
You agree not to: (i) use spiders, robots or other automated data mining techniques to catalogue, download, store or otherwise reproduce or distribute data or content available in connection with the Services, or to manipulate the results of any survey, prize draw or contest; (ii) take any action to interfere with any Website(s) or an individual’s use of any Website, including, but not limited to, by overloading, “flooding”, “mail bombing” or “crashing” any Website; (iii) send or transmit any viruses, corrupted data or any other harmful, disruptive or destructive code, file or information, including, but not limited to, spyware; (iv) collect any personally identifiable information of or about any other user of the Services; (v) send unsolicited emails, including, but not limited to, promotions and/or advertising of products or services; (vi) open, use, or maintain more than one (1) membership account with a Panel; (vii) Forge or mask your true identity; (viii) frame a portion(s) of any Website within another website or alter the appearance of any Website; (ix) establish links from any other website to any page of, on or located within any Website or to the Services, without the prior express written permission of Nakatomi; (x) post or transmit any threatening, libellous, defamatory, obscene, pornographic, lewd, scandalous or inflammatory material or content or any material or content that could otherwise violate Applicable Laws (as defined herein); (xi) engage in any fraudulent activity, including, but not limited to, speeding through surveys, taking the same survey more than once, masking or forging your identity, submitting false information during the registration process, submitting false or untrue survey data, redeeming or attempting to redeem rewards, prizes and/or incentives through false or fraudulent means, and tampering with surveys; (xii) reverse engineer any aspect of the Services or do any act or take any action that might reveal or disclose the source code, or bypass or circumvent measurers or controls utilized to prohibit, restrict or limit access to any webpage, content or code, except as expressly permitted by Applicable Laws; (xiii) engage in any criminal or illegal act(s); (xiv) use Restricted Content (as defined herein) in violation or breach of these Terms; or (xv) encourage and/or advise any individual, including, but not limited to, any NAKATOMI employee, to commit any act(s) prohibited hereunder.
You acknowledge and agree that Nakatomi will fully cooperate with all legal disclosure request(s) (e.g. court order or subpoena).
6. Restricted Content
In connection with your use of, access to and/or participation in the Services, you may have the opportunity to review or access confidential and proprietary information, materials, products and content (“Restricted Content”) belonging to Nakatomi and/or Nakatomi’s clients, partners and/or licensors. Restricted Content is and shall remain the sole and exclusive property of the owner of the Restricted Content. In no event shall you obtain or receive any right, title and/or interest in or to any Restricted Content. You agree to protect the confidentiality and secrecy of the Restricted Content and you agree not to modify, copy, reproduce, republish, display, transmit, distribute, reverse engineer, create derivative works of, decompile or otherwise use, alter or transfer Restricted Content without the prior express written consent of Nakatomi. You acknowledge and agree that Restricted Content may be subject to, and protected by, intellectual property laws, regulations and codes. You further acknowledge and agree that if you breach or otherwise violate the restrictions, limitations and prohibitions contained in this Section, in addition to any other rights or remedies available to Nakatomi, Nakatomireserves the right to terminate, prohibit or restrict your use of, access to and/or participation in the Services.
7. User Content
By using, uploading, posting or submitting User Content in connection with the Services, you hereby grant to Nakatomi a perpetual, irrevocable, unlimited, transferrable, sub-licensable, world-wide, royalty free, right and license to edit, copy, transmit, publish, display, create derivative works of, reproduce, modify, distribute and otherwise use, modify or distribute your User Content in any manner, without compensation or notice.
You are solely responsible for User Content. Nakatomi does not and cannot review all User Content and Nakatomi is not responsible for User Content. Nakatomi reserves the right to delete, move or edit User Content that is, in Nakatomi´s sole discretion, deemed to: (i) violate these Terms, (ii) violate copyright or trademark laws, or (iii) be abusive, defamatory, obscene or otherwise unacceptable.
8. Rewards Programs
- In connection with your use of the Services, you may have the opportunity to accumulate rewards, incentives and entries into prize draws or sweepstakes. Information, official rules and terms and conditions for rewards, incentives and prize draws or sweepstakes may be available in these Terms, on the Website for a Panel, at the beginning or end of a survey, in survey invitations, on the website(s) or webpage(s) for redeeming rewards, incentives, and prizes, and/or may be described in any newsletter or other communication distributed or published by Nakatomi.
- All points posted to a Panel member’s account expire one (1) year following posting, unless the points are forfeited or cancelled earlier due to membership or account inactivity or as otherwise set forth in these Terms. Panel member accounts are not actual bank or financial accounts and do not accrue or accumulate interest of any kind.
- Points posted in connection with the Services do not constitute property of the Panel member, cannot be transferred during or after the Panel member’s life, by operation of law or otherwise, and have no value until presented by the Panel member for redemption in accordance with these Terms.
- In the event that any points or incentive have been erroneously posted to a Panel member’s account, NAKATOMI may remove them from the Panel member’s account.
- Points will be deducted from the Panel member’s account at the time the redemption request is made.
- All redemptions are final and rewards may not be returned for credit except as otherwise provided in these Terms or as otherwise agreed to in writing by an authorized representative of NAKATOMI.
- In order to redeem under Nakatomi’s reward program, the minimum threshold of 1 point must be satisfied. If you do not satisfy the foregoing threshold, you will not have a redemption option under Nakatomi’s rewards program.
- Nakatomi may modify, alter, delete or add new terms and conditions for its rewards program or the Services at any time without notice. For Nakatomi this includes, but is not limited to, modifying, altering, adding or deleting point values, redemption levels, conversion ratios, conditions for status, conditions for membership and conditions for earning incentives or rewards, at any time without notice. In addition, Nakatomi may terminate or cease offering any incentive or reward in connection with Nakatomi’s rewards program, at any time without notice.
- You may not combine your points with points belonging to any other member, including, but not limited to, any family member or friend.
- Nakatomi make no representations or warranties of any kind, express or implied, regarding any product or service received in connection with Nakatomi’s rewards program, including, but not limited to, any warranty of merchantability or fitness for a particular purpose. Nakatomi is not, and will not be, liable or responsible for the performance of, or for the failure of the performance of, any product or service for which points, incentives or rewards are redeemed. In addition, Nakatomi is not and will not be responsible or liable for any cost, damage, accident, delay, injury, loss, expense or inconvenience that may arise in connection with the use of, or defect in, any product or service for which points, incentives or rewards are redeemed. Nakatomi will not replace any lost, stolen, misplaced or damaged incentives or rewards.
- YOU HEREBY EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE POINTS, INCENTIVES OR REWARDS EARNED THROUGH THE SERVICES MAY BE SUBJECT TO TAX, WHICH IS THE SOLE RESPONSIBILITY OF THE PANEL MEMBER. Nakatomi may provide you and/or the appropriate government agency or taxing authority with information related to any payments or incentives you earn in connection with your use of Nakatomi´s services. You agree to provide Nakatomi with all required information to assist Nakatomi in complying with its reporting or withholding obligations. Nakatomi may withhold any tax from any incentive or reward as required by applicable law.
- Nakatomi uses reasonable efforts to ensure that points are credited and debited appropriately; however, panelists should review their account to ensure that their account correctly identifies the posted points, incentives, or rewards, and reflects all of the appropriate redemption transactions. If you feel that your account was not credited or debited correctly or reflects incorrect redemption transactions, please send an email to info@nakatomi-research. Any email sent to Nakatomi should include the panellist’s name, email address and specific information on the subject matter. Nakatomi will use reasonable efforts to investigate the matter and to respond back to the panellist promptly. Nakatomi’s decision is final and binding.
- The suppliers or providers of the products or services offered in connection with Nakatomi’s rewards program and/or the owners or operators of the website(s)/webpage(s) on which redemption transactions occur, may have their own terms and conditions; please review these terms and conditions carefully
- Each reward magazine we send has an individual license, therefore you have to respect the terms and conditions of the publisher.
9. Profile Updates
Panel members agree to notify Nakatomi promptly of any changes in or to the information contained in their member profile. Panel members agree to review and updatetheir membership profiles as necessary but no less frequently than once every six (6) months. A Panel member may update, correct and/or delete information contained in his or her membership profile by: (i) accessing his or her Panel membership account; or (ii) sending an email to the appropriate Panel member services team for the appropriate Panel.
10. Opt-Out Policy
In connection with your use of the Services, you may be able to link or connect voluntarily to websites maintained and/or operated by third parties (“Third Party Websites”). Nakatomi does not endorse any Third Party Website nor any products, services and/or opportunities advertised, offered and/or sold by, through or in connection with any Third Party Website (“Third Party Information”). Nakatomi does not make any representations or warranties regarding Third Party Websites and/or Third Party Information. Please carefully review all policies and terms applicable to Third Party Websites and Third Party Information.
THE SERVICES, INCLUDING ALL INFORMATION, SURVEYS, CONTENT, MATERIAL, COMMENTARY AND SERVICES MADE AVAILABLE ON OR THROUGH THE SERVICES, ARE PROVIDED “AS IS”. NAKATOMI DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER IN CONNECTION WITH ANY INFORMATION, CONTENT, MATERIAL, COMMENTARY, SURVEYS, PRODUCTS OR SERVICES MADE AVAILABLE ON OR THROUGH THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY USER CONTENT. FURTHER, NAKATOMI HEREBY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. NAKATOMI DOES NOT WARRANT THAT THE TOOLS, TECHNOLOGY OR FUNCTIONS CONTAINED IN THE SERVICES OR ANY CONTENT, MATERIAL, COMMENTARY, INFORMATION AND/OR SERVICES CONTAINED THEREIN, WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SYSTEMS OR THE SERVER(S) THAT SUPPORT THE SERVICES AND MAKE THE SERVICES AVAILABLE WILL BE CORRECTED OR THAT THE SERVICES AND/OR THE SYSTEMS AND/OR THE SERVER(S) THAT SUPPORT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NAKATOMI DOES NOT PROVIDE ACCESS OR CONNECTION TO THE INTERNET AND IS NOT AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACTIONS OR OMISSIONS OF THIRD PARTIES THAT INTERFERE WITH, LIMIT, RESTRICT OR PREVENT ACCESS OR CONNECTION TO, OR USE OF, THE SERVICES.
NAKATOMI hereby reserves the right, in NAKATOMI ‘s sole discretion, to make changes to these Terms. Nakatomi encourages you to review these Terms on an ongoing basis. Nakatomi will obtain your consent prior to changes that are of such nature that consent is needed or required. For changes that do not require consent, your continued use of, access to, and/or participation in the Services does and will to constitute your acceptance of these Terms as amended.
You agree to indemnify, defend and hold harmless Nakatomi and its parent, affiliated and subsidiary companies and its and their respective members, managers, shareholders, directors, officers, employees and agents from and against any and all claims, liabilities, losses, judgments, awards, fines, penalties and costs and/or expenses of any kind, including, but not limited to, reasonable attorneys’ fees and court costs, arising out of, resulting from or caused, either directly or indirectly, by: (i) your breach or violation of these Terms; and/or (ii) your use of, participation in, and/or access to the Services.
15. Limitations of Liability
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAWS, YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL NAKATOMI BE LIABLE OR OTHERWISE RESPONSIBLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES, FOR ANY REASON(S) OR FOR ANY CAUSE(S), REGARDLESS OF WHETHER NAKATOMI IS INFORMED OF THE POSSIBILITY THAT SUCH DAMAGES MAY EXIST.
ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICES AND/OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.
16. Compliance with Applicable Laws
You acknowledge and agree that you will comply with all applicable international, national, Federal, state and/or local laws, codes, regulations, rules and/or requirements (“Leyes vigentes“) regarding your use of, participation, in, and/or access to the Services.
17. Suspension; Termination; De-Activation of Panel Membership Accounts
Either party may terminate your membership with a Panel at any time, with or without cause, for any reason or for no reason, and without liability for the termination.
In addition to any and all other available remedies, Nakatomi may, without notice, suspend and/or terminate your use of, access to, and/or participation in the Services if you are in breach or violation of these Terms. If Nakatomi terminates your membership due to your breach or violation of these Terms: (i) you forfeit all rights, title and interest in and/or to all unredeemed rewards, incentives and/or prizes, effective immediately upon termination; (ii) your membership will immediately be cancelled; and (iii) your access to, participation in and use of the Services (including, but not limited to, participation in survey projects) will immediately cease.
In the event that a non-Panel member breaches or otherwise violates these Terms, such non-Panel member hereby agrees that: (a) all rights, title and interest in and/or to all unredeemed rewards, incentives and/or prizes (if any), shall be forfeit effective immediately upon termination; and (b) access to, use of, and participation in the Services will immediately cease.
In addition, Nakatomi reserves the right to de-activate your Panel membership account: (a) if your membership account does not remain Active (as defined herein); (b) if Nakatomi receives a hard bounce or delivery failure notice in regards to email communications sent by Nakatomi to your email account; or (c) if Nakatomi receives a “mailbox full” reply notice three (3) times in regards to email communications sent by Nakatomi to your email account. For the purpose of these Terms, “Active” means that you: (i) participate in a survey at least once every six (6) months; or (ii) update your profile or member information at least once every six (6) months.
In the event of deactivation, termination by you or termination by Nakatomi (other than for your breach or violation of these Terms), Nakatomi shall maintain a record of the posted, unredeemed rewards, incentives and/or prizes and shall allow you to redeem such rewards, incentives and/or prizes for a period of thirty (30) days following the effective date of termination or deactivation of your account.
18. Governing Laws; Jurisdiction and Venue
These Terms and your access to, use of or participation in the Services shall be governed by and construed in accordance with the laws of Spain, without regard to any portion of any choice of law principles (whether those of Spain or any other jurisdiction) that might provide for application of a different jurisdiction’s laws. All claims or disputes arising in connection with these Terms and/or your access to, use of or participation in the Services shall be subject to the exclusive jurisdiction of Spain.
19. Miscellaneous Terms
The headings contained in these Terms are for reference only and shall have no effect on the interpretation and/or application of these Terms. Nakatomi ‘s failure to enforce a breach by you of these Terms shall not waive or release you from such breach and shall not waive, release or prevent Nakatomi from enforcing any subsequent breach by you of these Terms. These Terms and any rules, terms or policies referenced herein or incorporated herein, and any Panel-specific requirements, represent the entire understanding and agreement between Nakatomi and you with respect to the subject matter hereof.