Terms and Conditions

Tell Panel Consumer Insight Community Terms of Use

 

The following Terms of Use govern participation in the Tell Panel Community (the “Community”), provided by Insights Lab, Inc. on behalf of Tell Panel (“Tell Panel”). Your use and/or registration with the Panel Community constitute your agreement to these Terms of Use.

 

Eligibility: The Panel Community is open to qualified applicants only. Legal residents of the United States, aged eighteen (18) or older, are eligible to apply. Applicants will be required to complete a screener questionnaire and qualified applicants (as determined by Tell Panel) will be invited to participate in The Panel Community.

 

Registration and Account: You will be required to register and/or set up an account to participate in The Panel Community. In order to do so, you may be required to choose a password, User ID, and/or provide other registration information. The Panel Community and your account are intended for your personal use only. You may not share your account with others or authorize others to access The Panel Community through your account. You are responsible for all participation in The Panel Community through your account and for any and all content uploaded to The Panel Community through your account.

 

Privacy: Any personal information provided by you to Tell Panel in connection with The Panel Community will be used by Tell Panel solely in connection with the administration of this Panel. Tell Panel’s use of any personal information that may be provided by you in connection with your registration with and/or participation in The Panel Community will be governed by the Tell Panel Privacy Policy specific to the jurisdiction in which you reside. Copies of the relevant Privacy Policies are available at www.tellpanel.com/privacy-policy.

 

You may also be provided with the opportunity to opt-in to the collection and use of your personal information for the purpose of Tell Panel sending you future marketing and promotional communications that Tell Panel believes may be of interest to you. By opting-in, you specifically consent to the use of your personal information in such manner. You may opt-out of receiving communications at anytime by clicking the unsubscribe link contained in any email you receive from Tell Panel.

Your Participation in The Panel Community: You may not submit, upload, post, transmit, transfer, distribute, or facilitate distribution of any content that:

  1. is violent;
  2. is derogatory of any ethnic, racial, gender, religious, professional, or age group, or of any other characteristic, trait, affiliation, or association;
  3. defames, misrepresents, or contains disparaging remarks about other people or companies;
  4. endorses any form of hate or hate group;
  5. references nudity or is or sexually explicit, suggestive, or pornographic;
  6. references or promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing);
  7. references or promotes any activity that may appear unsafe or dangerous;
  8. references or promotes any particular political agenda or message;
  9. is profane, obscene, or offensive;
  10. contains the name, likeness, voice, or other indicia of any person other than yourself, including, without limitation, celebrities, and/or other public or private figures, living or dead;
  11. references or contains trademarks, logos, or trade dress owned by others;
  12. contains copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, social media, television, movies, or other media), and used by you without permission;
  13. communicates messages or images inconsistent with the positive images and/or good will to which Tell Panel wishes to associate; and/or
  14. violates any law.

 

You may not use The Panel Community to advertise or perform any commercial solicitation of users. You may not post any software, files, or links to other sites, or post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of The Panel Community portal or any features of The Panel Community.

 

Confidentiality: Tell Panel may share confidential and/or proprietary information with registered participants in The Panel Community. By participating in The Panel Community, you acknowledge and agree that any and all information and communications shared by Tell Panel with The Panel Community (including, without limitation, through discussions, questionnaires, surveys, bulletin boards, forums, or chats) shall remain confidential and shall not be disclosed to any third party or used for any purpose except for the purposes stated herein.

 

Use of Your Content: By participating in The Panel Community, you hereby grant to Tell Panel, its subsidiaries, successors, licensors, licensees, agents, and assigns, and any others it may designate, the unlimited right and permission to exploit, exhibit, display, post, edit, and otherwise use any content that you submit to The Panel Community, and any material based on, derived from, or incorporating your content, together with any other material, in whole or in part, in perpetuity, anywhere in the world, in any and all media (whether now known or hereafter devised), for any purpose, without compensation or further consideration. Without limiting the foregoing, you acknowledge and agree that Tell Panel is free to use any idea, concepts, know-how, and/or techniques contained in your content for any purpose whatsoever, including but not limited to, developing, manufacturing, and marketing products using such information.

 

Monitoring of User Content: Content submitted by participants in The Panel Community represents solely the views/opinions of the individual participants and do not reflect the views/opinions of Tell Panel. Tell Panel is acting as a passive conduit for the posting/publication of content by participant in The Panel Community and disclaimers any and all liability in conjunction with monitoring, screening, or reviewing such user content. Notwithstanding the foregoing, Tell Panel reserves the right to remove any content that is in violation of these Terms of Use.

 

Tell Panel Marks and Content: The Panel Community portal contains material that is protected by copyright, trademark, and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit, download, distribute, or create derivative works of any material from The Panel Community portal without the prior written permission of Tell Panel.

 

Promotions: Tell Panel may, from time to time, conduct sweepstakes, contests, giveaways and/or other promotions for The Panel Community. Such promotions will be governed by specific Terms and Conditions which will be available on The Panel Community portal. Please carefully review the promotion Terms and Conditions before participating.

 

Releases and Indemnification: By registering and/or participating in The Panel Community, to the fullest extent allowable under applicable law, you agree to release, discharge, and hold harmless Tell Panel and its subsidiaries, affiliates, licensors, licensees, agents, representatives, retailers, and advertising and promotion agencies, and each of their respective directors, officers, employees, agents, successors and assigns (collectively, the “Released Parties”), from any and all liability, claims, losses, injuries, demands, damages, actions, and/or causes of action, whether direct or indirect, which may be due to or arise out of or in connection with your participation in The Panel Community. You further agree, to the fullest extent allowable under applicable law, to defend, indemnify and hold harmless the Released Parties from and against any and all liability resulting or arising from your participation in The Panel Community, including but not limited to, claims based on violation of any right of publicity or rights of personality, infringement of copyright or trademark, libel, slander, defamation, invasion of privacy, loss of earnings or potential earnings in connection with Tell Panel’s use of your content and any portion thereof.

 

Disclaimers: Although Tell Panel has attempted to provide accurate information on The Panel Community portal, Tell Panel assumes no responsibility for the accuracy of the information. Tell Panel reserves the right to do any of the following at any time without notice: (i) to modify, suspend or terminate the operation of or access to the Community; (ii) to modify or change The Panel Community or any portion of The Panel Community portal or its programs or products mentioned; or (iii) to interrupt the operation of The Panel Community portal or any portion thereof for maintenance or other changes. Mention of non-Tell Panel products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.

ALL INFORMATION PROVIDED THROUGH THIS COMMUNITY IS PROVIDED “AS IS” WITH ALL FAULTS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TELL PANEL DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

 

Amendments to Terms of Use: Tell Panel reserves the right to change and/or post additional terms of usage for The Panel Community. Such revised or additional terms will be posted here. Your continued registration and/or participation in The Panel Community constitute your agreement to such additional terms.

 

Governing Law / Limitation of Liability: These Terms of Use will be construed and evaluated according to United States law.

BY REGISTERING AND/OR PARTICIPATING IN THE PANEL COMMUNITY, YOU AGREE THAT: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SITE WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED, (IF ANY), NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN ANY AWARD FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) YOUR REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND YOU IRREVOCABLY WAIVE ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.