Last Updated on: Nov 6th, 2018
These terms and conditions (this “Agreement”) govern the relationship between Jewel Studio Co. (“BeTickled”, “we”, “our” or “us”), a Delaware corporation, and you (“Respondent”, “you” or “your”), concerning any surveys and polls that are made available to you by us or on our behalf (each a “Survey”), through our BeTickled app, on our betickled.com website, or sent through email, mobile text message, through a third-party site or other means (the app and those websites together are the “Sites”).
- Provision of the Sites and Responding to Surveys
- BeTickled shall issue Respondents with a Survey. Respondents will be invited to complete the survey and may, at the discretion of BeTickled, receive an incentive in exchange for completing the Survey fully and in accordance with the requirements of the Survey and this Agreement (an “Incentive”). Incentives may include entry to a prize draw, free membership to BeTickled app for a certain time period, membership fee discounts to BeTickled app, or some other incentive which BeTickled deems appropriate at its sole discretion.
- You must claim your incentives within 30 days from notification by us after completion of survey or you forfeit all rights to such incentives immediately at the end of 30 day period and BeTickled shall declare any accumulated or offered Incentives due to you as null and void, and prevent you from receiving them. We would notify you within reasonable time of your qualification to such incentives using email provided to us by you in the survey form.
- BeTickled reserves the right at any time and from time to time to modify, suspend, or discontinue, temporarily or permanently, a Survey or the Sites or any part thereof, or Respondent’s access to any of them, including where an Incentive has been offered.
- Where the Respondent breaches any provision of this Agreement, BeTickled may declare any accumulated or offered Incentives due to you as null and void, and prevent you from receiving them.
- Respondent acknowledges and agrees that BeTickled is not obliged to maintain the availability of the
Sites or Surveys. BeTickled will use reasonable endeavors to process your completed Surveys, but may
be prevented from doing so by matters beyond its control that may result in the loss or deletion of, or
failure to receive, process, or store any Respondent Content (including Survey or poll results or
responses): Respondent Content is defined in section below.
- BeTickled Materials and Respondent Content
- Certain content and information (collectively, the “BeTickled Materials”) is provided on and through the Sites and in Surveys, including, without limitation, documents, graphics and images that are not Respondent Content (as defined below). The copyright, trademark and other intellectual property rights in and to BeTickled Materials belong to BeTickled and it reserves its respective intellectual property rights in the BeTickled Materials.
- Respondent agrees that Respondent, and not BeTickled is responsible for all content, including text, sound, photographs, images, video and other materials submitted by Respondent through the Sites or in Surveys (collectively, “Respondent Content”) and for ensuring that it complies with BeTickled's Content Rules in its use of the Sites and participation in Surveys.
- BeTickled's Content Rules are that material must not, and must not appear to us to:
- infringe anyone’s copyright
- infringe any other rights, such as a trademark, of any person or entity or a duty owed to any person or entity, such as a duty of confidentiality;
- require the payment of any royalty or other sum in connection with its use;
- contravene any applicable law (including, without limitation, any criminal law) or regulation;
- include anything that is false, inaccurate, misleading, offensive, abusive, threatening or defamatory, or that might cause needless annoyance, inconvenience or distress to any person;
- contain any computer virus, macro virus, Trojan horse, worm, or anything else designed to interfere with, interrupt, or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority, or expropriate any system, data or personal information;
- misrepresent anyone’s identity in any way or impersonate any person;
- include any material containing personally identifying information about another person, such as their name, address, phone number, or email address, except with the demonstrable approval of that person;
- contain material which is pornographic, obscene, indecent or offensive, which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or that may incite hatred or violence against any person or group;
- harass, upset, embarrass, alarm or annoy any person;
- give the impression that it emanates from or is approved by BeTickled;
- advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse;
- infringe any reasonable requirements which we may notify from time to time; or
- interfere with the proper working of BeTickled.
You will not:
- use any technological devices such as spiders, robots or other automated data mining techniques to catalogue, download, store or otherwise reproduce or distribute content available on the Sites;
- manipulate any poll, survey or prize draws on the Sites;
- take any action to interfere with the Sites or any other user’s use of the Site, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing” the Sites;
- send unsolicited email, including promotions and/or advertising of products or services; or
- frame portions of the Sites within another website or alter the appearance of the Sites.
- By participating in a Survey, you acknowledge that Respondent Content is being provided to us, as a business that has commissioned the relevant Survey.
- BeTickled may, but is not obligated to, review any Respondent Content and block or terminate access
of any Respondent whose Respondent Content, BeTickled in its sole discretion, considers to be
non-compliant with this Agreement.
- Intellectual Property Rights
- The Intellectual Property Rights in the Sites and Surveys and in the material that appears on or in them are protected by copyright laws and treaties around the world and we, and our licensees, reserve our respective Intellectual Property Rights in the Sites and Surveys and no Intellectual Property Rights of any kind in them are assigned or licensed to you.
- We shall own and retain all right, title, Intellectual Property Rights and interest in and to all the Respondent Content, irrespective of the means by which it is contributed. You assign to us all rights you may have in all Respondent Content, including all Intellectual Property Rights in it. You acknowledge that you won’t retain any moral rights (the rights of integrity and attribution) in Respondent Content.
- Notwithstanding the above, we will use Respondent Content for the purposes of the Survey you
- Term and Termination
- This Agreement shall automatically become effective when Respondent agrees to it or participates in a Survey that is governed by it.
- BeTickled may:
- freeze Respondent’s account with BeTickled;
- prevent Respondent’s participation in current and/or future Surveys; and/or
- terminate Respondent’s participation in Surveys or Sites,
in the event that Respondent breaches this Agreement or if BeTickled ceases to be involved in the provision of the Surveys or Sites.
- Respondent acknowledges and agrees that BeTickled shall not be obliged to retain any Respondent
Content (including Survey or responses) or to provide the same to Respondent.
- Limit on Liability
- The material contained in Surveys, displayed on our Sites or otherwise supplied to you is provided without any guarantees, conditions or warranties as to its accuracy. We do not warrant that the functions contained in the Sites or any materials or content contained therein will be uninterrupted or error free, that defects will be corrected, or that the Sites or the servers that deliver the Sites will be corrected, or that the Sites or those servers are made available free of viruses or other harmful components.
- We are not obliged to provide you with Surveys to participate in or contribute to, and we have the absolute right to exclude you from participation in any Survey.
- Our maximum liability to you in respect of any Survey is the particular Incentive that we agree to provide to you for your participation in that Survey. Only properly and fully completed Surveys that meet the requirements of this Agreement and the relevant Survey will qualify for such an Incentive. The Incentive will be subject to all availability and other qualifications that we notify to you at the time.
- We will not be liable to you if we are delayed in or prevented from complying with our obligations under this Agreement by anything you should do or should have done, or as a result of events or things that we cannot reasonably control.
- We are not liable for business losses. So, we won’t have liability to you for any loss of revenue
(other than Incentives owed to you) or profit, loss of business, business interruption, or loss of
- Jurisdiction and Applicable Law
- This Agreement (and any non-contractual obligations relating to or connected with this Agreement) is
governed by California law. You and we each agree that the California courts have the jurisdiction for
any disputes that arise in connection with this Agreement.
- This Agreement (and any non-contractual obligations relating to or connected with this Agreement) is governed by California law. You and we each agree that the California courts have the jurisdiction for any disputes that arise in connection with this Agreement.
- Severability and Waiver
- Any waiver by us in writing of any of your obligations hereunder, or any failure to insist upon
strict compliance with any obligation shall not operate as a waiver of, or estoppel with respect to any
subsequent or other failure of yours.
- Respondent may not assign this Agreement without BeTickled’s prior written consent, which may be
withheld in BeTickled’s sole discretion. BeTickled may assign this Agreement at any time to the
successor in interest in connection with a merger, consolidation or for any corporate reorganization of
BeTickled, but will not do so in such a way as to reduce any guarantees you are given under this
- Respondent may not assign this Agreement without BeTickled’s prior written consent, which may be withheld in BeTickled’s sole discretion. BeTickled may assign this Agreement at any time to the successor in interest in connection with a merger, consolidation or for any corporate reorganization of BeTickled, but will not do so in such a way as to reduce any guarantees you are given under this Agreement.
- Entire Agreement
- This Agreement is intended to contain your entire agreement with us relating to Surveys and Sites; we
believe it to be fair and reasonable. It replaces all earlier agreements and understandings with you
relating to them, except for any fraud or fraudulent representation by either of us.
- This Agreement is intended to contain your entire agreement with us relating to Surveys and Sites; we believe it to be fair and reasonable. It replaces all earlier agreements and understandings with you relating to them, except for any fraud or fraudulent representation by either of us.
- Variations and Notices
- BeTickled may make changes to Sites, Surveys and BeTickled Materials at any time.
- BeTickled may revise the terms of this Agreement from time to time and will post the new version of the Agreement on the relevant part of the Site(s), and the new version will take effect from the date we specify for that new version.
- All notices and other communications required or permitted to be given by BeTickled to Respondent under this Agreement will be deemed to be properly given on the date when:
- posted on the Sites; or
- sent by email to the email address for Respondent last recorded by BeTickled.
- Respondent may give notices to BeTickled under this Agreement by email to firstname.lastname@example.org.
- Where the Respondent has not participated in a survey for over 30 days from the date of receiving the survey from BeTickled, BeTickled may declare any accumulated or offered Incentives due to you as null and void, and prevent you from receiving them.