Membership Rules and Acceptable Use Policy

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

Insight on Demand Membership Rules and Acceptable Use

16 February 2018

Who we are and how to contact us

The Insights on Demand website at domain www.insightsdondemand.org is operated by ITWP Acquisitions Limited and other members of the ITWP group of companies (including Toluna and Harris Interactive) (“ITWP/we/our/us“). We are registered in England and Wales, under company number 07493527 and have our registered office at 85 Uxbridge Road, London W5 5TH United Kingdom.

Background and Objective

The Insights on Demand (IoD) Industry consortium is comprised of a diverse group of members from numerous industries and geographies, with the common mission to further evolve, refine, and promote new ways of insight creation and delivery. The community will be collaborating by openly sharing opinions, experiences, and even challenges with fellow members to advance the cause. The ultimate vision for Insights on Demand is democratized market research, where insights into consumer intent and behavior are accessible and achievable for all business professionals in companies of all sizes.

What’s in these terms?

These terms tell you the rules for using our Website and set out the permitted uses and prohibited uses of our site, including when you upload content to our site, make contact with other users on our site, link to our site, and/or interact with our site in any other way.

By using our site you accept these terms

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.  If you do not agree to these terms, you must not use our site.  We recommend that you print a copy of these terms for future reference.

There are other terms that may apply to you

These terms of use refer to the following additional terms, which also apply to your use of our site:

  • Our Website Terms of Use, which set out the terms on which you agree to use our website at www.insightsdondemand.org
  • Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

We may make changes to these terms

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.

We may make changes to our Website

We may update and change our Website from time to time for any reason.

We may suspend or withdraw our Website

Our Website is made available free of charge

We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

You must keep your account details safe

If you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@insightsondemand.org.

Do not rely on information on this Website

The content on this Website is provided by us, by other IoD Members and may be provided by other users for the purposes and furtherance of the objective of the IoD. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on this Website.

We make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date.

We are not responsible for websites linked to from this Website

Where our Website contains links to other sites and resources provided by third parties, these links are provided (by us or other users) for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

The material you post

The IoD Website is not moderated. We will not be responsible as author, editor or publisher of any Contribution submitted to the IoD Website and we expressly exclude our liability for any loss or damage arising from the use of the IoD Website by any person in contravention of these Rules. We reserve the right to promptly remove, or to disable access to, any Contribution which we deem to be potentially defamatory of any person, unlawful or in violation of any third-party rights.

Prohibited uses

You may use our site only for lawful purposes.  You may not use our site:

  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards (defined below).
  • To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

  • Not to reproduce, duplicate, copy or re-sell any part of our site.
  • Not to access without authority, interfere with, damage or disrupt:
  • Any part of our site;
  • Any equipment or network on which our site is stored;
  • Any software used in the provision of our site; or
  • Any equipment or network or software owned or used by any third party.

Interactive services

We may from time to time provide interactive services on our site, including, without limitation:

  • Chat rooms.
  • Bulletin boards.
  • Quick polls/on-site surveys.
  • Video discussions.
  • Surveys
  • Polls

(“interactive service(s)”).

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our site. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

Content standards

These content standards (“Content Standards”) apply to any and all material which you contribute to our site (“Contribution”), and to any interactive services associated with it.

The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.

We will determine, in our sole discretion, whether a Contribution breaches the Content Standards.

A Contribution must:

  • Be accurate (where it states facts).
  • Be genuinely held (where it states opinions).
  • Comply with the law applicable in England and Wales and in any country from which it is posted.

A Contribution must not:

  • Be defamatory of any person.
  • Be obscene, offensive, hateful or inflammatory.
  • Promote sexually explicit material.
  • Promote violence.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any copyright, database right or trade mark of any other person.
  • Be likely to deceive any person.
  • Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Promote any illegal activity.
  • Be in contempt of court.
  • Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
  • Be likely to harass, upset, embarrass, alarm or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person.
  • Give the impression that the Contribution emanates from ITWP, if this is not the case.
  • Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
  • Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
  • Contain any advertising or promote any services or web links to other sites.

Submission of Contributions

To add a Contribution to a discussion, please view the on-site instructions for posting, and any character limits included.

Before making a Contribution you must register with the IoD Website by completing the registration form, which we will send you along with the invitation to join the Insights on Demand User Group. Your name, your position, the name of your company and location will appear as part of your Contribution when published.

Copyright

By submitting a Contribution to the IoD Website, you agree to grant ITWP a non-exclusive license to use that Contribution. Although you will still own the copyright in your Contribution, ITWP will have the right to freely use, edit, alter, reproduce, publish and/or distribute the material contained in your Contribution. This license will be free of charge, perpetual and capable of sub-license. ITWP may exercise all copyright and publicity rights in the material contained in your Contribution in all jurisdictions, to their fullest extent and for the full period for which any such rights exist in that material.

Please also note that, in accordance with the Content Standards, you must ensure that your Contribution does not infringe any copyright, database right or trade mark of any other person. By submitting your Contribution to the IoD Website, you are warranting that you have the right to grant ITWP the non-exclusive copyright license described above.

If you are not in a position to grant such a license to ITWP, please do not submit the Contribution to the IoD Website.

We are not responsible for viruses and you must not introduce them

We do not guarantee that the Website will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own virus protection software.

You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Website, the server on which our Website is stored or any server, computer or database connected to our website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website and our website will cease immediately.

Breach of these Rules

When we consider that a breach of the Content Standards has occurred, we may at our discretion take such action as we deem appropriate. Failure to comply with these Rules constitutes a material breach of the terms of use on which you are permitted to use the IoD Website and may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use the IoD Website.
  • Immediate, temporary or permanent removal of any Contribution already posted on the IoD Website.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of these Rules. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

Complaints

If you wish to complain about any Contribution posted to the IoD Website, please contact us at complaints@insightsondemand.org. We will then review the Contribution and decide whether it complies with our Content Standards. We will deal with any Contribution which, in our opinion, violates our Content Standards as described above (see section “Breach of these Rules”). We will inform you of the outcome of our review within a reasonable time of receiving your complaint.

Our responsibility for loss or damage suffered by you

  • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
  • We exclude all implied conditions, warranties, representations or other terms that may apply to our Website or any content on it.
  • We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
  • use of, or inability to use, our Website; or
  • use of or reliance on any content displayed on our Website.
  • In particular, we will not be liable for; loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage.

Which country’s laws apply to any disputes?

These rules, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Our trade marks are registered

[“TRADE MARK 1”] and [“TRADE MARK 2”] are [UK registered] trade marks of [COMPANY NAME]. You are not permitted to use them without our approval, unless they are part of material you are using as permitted under How you may use material on our Website [INSERT AS LINK].

Definitions

IoD Member                    An individual who has been accepted by ITWP as being a member of Insight on Demands

IoD Membership              The group to which a IoD Member belongs

Website or site  The website where an IoD Member may provide new Content; being www.insightsondemand.org