Plays nicely with Paper participant agreement valid as of 1/7/2015
- Acceptance of Participant Agreement
This Participant Agreement (“Agreement”) applies to my access to and use of Plays Nicely With Paper LLC (“PNWP”) web sites (the “Site”) and my participation on the PNWP’s Creative Community Panel (“Panel”) and PNWP’s Facebook pae and market research activities. The Site, Panel, survey participation, and any other PNWP provided market research services may be referred to individually as listed in this paragraph or collectively as the “Services.” Upon completion of my registration, I will receive a short questionnaire to determine my eligibility for my participation in the Services.
- Eligibility and Registration
The Services are not intended for the use of children under 18 years of age. Use of the Services is void where prohibited.
By accessing or using the Site or the Services, I represent and warrant that:
- I am at least 18 years old;
- I am a resident of the United States of America; and
- I will abide by the terms of this Agreement.
- The Services
- The Services allow registered Panel members who have PayPal accounts and meet eligibility requirements (“Participant(s)”) to participate on the Site and in various PNWP market research activities. Panel Members may receive PlaysNicely Points or other incentives for participation in the Services made available by PNWP. I may or may not qualify for all of the Services or activities offered by PNWP. It is up to the sole discretion of PNWP and its affiliates to distribute, limit, select, and invite Panel members to participate in any and all Services.
- The Services include, but are not limited to:
- Online Surveys and Activities: At its sole discretion, PNWM may or may not send me short Monthly surveys. If I receive such monthly survey, I will be able to it on my computer.
- Customized Services: I may also be able to take longer surveys or participate in different types of marketing research activities. Most of this research I will be able to complete on my computer. I may be required to take pictures of myself making crafts, my finished paper projects or PNWP may send product for me to try, after which I will have to complete a survey. When asked to participate in these types of Customized Services, I will be given specific instructions and will be bound by the terms of this Agreement.
- Any other survey, project, questionnaire, or any other market research activity, for which PNWP will provide specific instructions.
- Participation Terms
- My membership and participation on the Panel and in the Services is voluntary and is expressly conditioned upon my compliance with this Agreement and with all PNWP provided policies, guidelines, and instructions applicable to the Services. In the event of my noncompliance, fraud, or other inappropriate activity, as determined by PNWP at its sole discretion, PNWP may:
- Cancel or invalidate my eligibility, Panel member account, registrations, and PlaysNicely Points; or
- Restrict, block, limit, and prevent my access to and use of the Services; and all PlaysNicely Points, incentives and rewards shall be subject to forfeiture
- PNWP may request from me consumer market data including, but not limited to, buying habits, purchasing behaviors, and product preferences.
- PNWP may ask me to submit photos during the course of my participation in the Services. I do not claim and expressly waive to PNWP any copyright or other right in any photograph or image provided as part of the Services.
- Good-Faith Participation
- I agree to participate in good faith and to the best of my ability in any market research surveys or activities in which I participate in connection with the Services.
- I will not provide false or misleading data, including without limitation, survey responses that are inconsistent with prior responses or are statistically improbable.
- I will complete all Services in a timely manner, at risk of my results being void from the applicable Service profile, if prior to my completion PNWP obtains needed results through other Participants. I may choose to participate in the Services at my discretion, without penalty to my status on the Panel.
- My survey answers will be sent to a link at SurveyMonkey.com, where data will be stored in a password protected electronic format. I understand that Survey Monkey DOES collect my IP address and any information the test may include, including, but not limited tom my name and email address. I understand and agree that the preceding sentence shall not apply to:
- any disclosure to which I agree to by becoming a Participant and a Panel Member under this Agreement; and
- Some surveys may ask me if I wish to participate in a follow-up interview and to provide contact information. In such a case, at the end of the survey I will be asked if I am interested in participating in an additional interview [by phone, in person, or email]. If I choose to provide contact information such as my phone number or an email address different from one under my Panel member account, my survey responses may no longer be anonymous to the researcher. However, no names or identifying information would be included in any publications or presentations based on these data, and my responses to this survey will remain confidential.
- User Content
I may provide information to PNWP in connection with my participation in market research or otherwise in connection with the Services, including survey responses, ideas, feedback, or other information or content ("User Content"). If I provide any User Content, unless PNWP expressly indicates otherwise, I grant PNWP and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media, without acknowledgement or compensation to me. By providing any User Content, I represent and warrant that I have the lawful right to provide it, and that it is accurate and complete. I will not provide any User Content that:
- Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, false, inaccurate, misleading, fraudulent, or impersonates or misrepresents an affiliation with any person or entity;
- Would violate an obligation of confidentiality or the rights of any person or entity, or that would otherwise create liability or violate any local, state, national, or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the NASDAQ;
- May infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any person or entity;
- Contains any private information of any person or entity, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers;
- Contains any viruses, corrupted data or other harmful, disruptive, or destructive files or information; or
- In the sole judgment of PNWP, is objectionable, does not reflect my good faith efforts to be responsive to survey or market research questions, or which may expose PNWP or its licensors or suppliers to liability of any type.
- Third-Party Content
- The Services may contain links or references to information, content, and services provided by third parties (collectively, "Third-Party Content"). PNWP does not monitor or have any control over Third-Party Content. PNWP does not endorse or adopt any Third-Party Content and can make no guarantee as to its accuracy or completeness.
- PNWP undertakes no responsibility to update or review any Third-Party Content, and does not represent or warrant the accuracy of any information contained in any Third Party Content. My use of any Third Party Content contained therein is at my own risk. Views expressed in Third Party Content are not endorsed by PNWP.
- PayPal Account
- I understand that to be eligible to receive any incentive that PNWP may provide for my services, I must have a PayPal account.
- I must provide PNWP with my PayPal email address and any other information necessary for PNWP to complete a payment to me for the Service participation, if applicable.
- If my PayPal account email address changes, I understand that I must immediately notify PNWP of these changes.
- PlaysNicely Points
- For every Monthly Survey taken, I will receive one (1) PlaysNicely Point. Monthly Survey means a short survey I may be asked, at PNWPs discretion, to complete once a month.
- Upon my successful and Satisfactory Completion of five (5) surveys and upon accumulation of five (5) PlaysNicely Points in my Panel member account, PNWP may pay me $20 through PayPal services. If I move, I must contact PNWP to change my address and update my profile. Satisfactory completion, as used in this Agreement, means that the completed Service will be subject to verification of acceptability by PNWP to ensure that such Service was performed in good faith and pursuant to the terms of this Agreement and specific instructions given. If given instructions are in conflict with this Agreement, this Agreement shall be govern my performance.
- PlaysNicely Points program applies only to Monthly Surveys.
- PlysNicely Points expire 3 (three) years from the date of award and, if sooner, upon 12 (twelve) months of Panel member’s inactivity.
- PlaysNicely Point program does not apply to the initial qualifying questionnaire.
- Payment for Customized Services
- If asked to participate in a Customized Service or any other non-Monthly Survey market research activity and upon my successful and Satisfactory Completion of such Service in accordance with the special instructions I was given, PNWP, at its sole discretion, may pay me between $20-$100 for my participation via PayPal.
- I understand that length and payment for these Customized Services will vary. PNWP will provide such information to me if I am asked to participate.
- I understand that I am under no obligation to participate in the Customized Services and my lack of participation will not result in a penalty to my status on the PNWP Panel.
- Privacy Notice
- PNWP will collect registration data and obtain other information about me through the Services.
- I understand that any personally identifiable information I provide to PNWP may be used to conduct market research, including, but not limited to, online consumer surveys, field trials, product tests and/or product opinion surveys.
- PNWP will not use or share with any third parties my personally identifiable information.
- PNWP may use or share my personally identifiable information with a third party research service provider for the purposes of research.
- Non-Use and Non-Disclosure
Information and content made available to me during my participation in PNWP Services may contain trade secrets or other confidential or proprietary information of PNWP’s suppliers or licensors. By signing or otherwise agreeing to this Agreement:
- I will hold in strict confidence and will not disclose to any other person any information and content that I access or learn in connection with my participation the Services.
- I will not use any such information or content for any purpose other than my participation in the Services in accordance with this Agreement.
- I will immediately notify PNWP if I learn of or suspect any use or disclosure of, or access to, any such information or content other than as specifically authorized in this Agreement.
Notwithstanding any term of this Agreement, PNWP reserves the right, without notice and in its sole discretion:
- To discontinue or terminate the Site or any of the Services;
- To terminate my Panel member account and right to use the Services;
- To delete any Panel registrations or other accounts;
- To delete PlaysNicely Points without redemption; and
- To restrict, block, limit, and prevent my access to and use of the Services.
- Any termination or other action by PNWP described in this in this section will not limit any other remedies available to PNWP at law, equity or otherwise.
- Disclaimer of Warranties
MY USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, MY USE OF ANY CONTENT, IS AT MY SOLE RISK. THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PNWP, ITS AFFILIATES, LICENSORS, AND SUPPLIERS, AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, AGENTS, AND EMPLOYEES (COLLECTIVELY, THE "PROVIDERS") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NEITHER PNWP NOR ANY OTHER PROVIDERS WARRANT UNINTERRUPTED USE, OPERATION, OR AVAILABILITY OF THE SERVICES OR ANY CONTENT, OR THAT ANY SUBMISSION OR TRANSACTION REQUEST I ATTEMPT USING THE SERVICES WILL BE SUCCESSFUL, UNCORRUPTED, OR COMPLETED WITHIN A REASONABLE AMOUNT OF TIME. I WILL BE SOLELY RESPONSIBLE FOR ANY DELAY OR LOSS OF ANY KIND THAT RESULTS FROM MY ACCESS TO, OR USE OF, THE SERVICES AND THE CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ME FROM PNWP OR ANY OTHER PROVIDER THROUGH OR FROM THE SERVICES, WILL CREATE ANY WARRANTY REGARDING THE SERVICES THAT IS NOT EXPRESSLY STATED IN THIS AGREEMENT. I MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
- Limitation of Liability
NEITHER PNWP NOR ANY OTHER PROVIDERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF PNWP OR ANY OTHER PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM MY ACCESS TO OR USE OF, OR MY INABILITY TO ACCESS OR USE, THE SERVICES OR ANY CONTENT. IN THE EVENT THAT A JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO ME. THE MAXIMUM TOTAL LIABILITY OF PNWP AND ALL OTHER PROVIDERS TO ME FOR ALL CLAIMS UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS THE GREATER OF (A) ANY AMOUNTS PAID BY PNWP TO ME UNDER THIS AGREEMENT IN THE 12 (TWELVE) MONTHS PRECEDING THE APPLICABLE CLAIM, AND (B) $100. EACH PROVISION OF THIS AGREEMENT PROVIDING FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
I will indemnify, defend, and hold PNWP, its affiliates, and their respective officers, directors, owners, agents, information providers harmless from and against any costs, damages, expenses, and liabilities (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content, my use of the Services or any Content, my violation of this Agreement, or my violation of any rights of a third party.
- General Provisions
- Relationship of the Parties. PNWP and I are independent contractors for all purposes. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement or by my access to or use of the Site or the Services.
- Modification to the Terms of this Agreement. PNWP reserves the right to revise, amend or modify the terms of this Agreement at any time and in any manner at its sole discretion. Please check these terms periodically for changes. . When it does, it will revise the "updated" date on this Agreement and any revisions, amendment, or modifications will be effective upon the posting of such date. My continued use of the Site or the Services constitutes my binding acceptance of such revisions, amendments, and modifications.
- Compliance with Laws. I must at all times comply with all applicable laws, rules, regulations, and orders, and not cause PNWP to violate any laws, rules, regulations, or orders.
- General Legal Notices. This Agreement constitutes the entire agreement, and supersedes the provisions of any other agreements or understandings (oral or written), between PNWP and I with respect to my use of the Site or the Services. PNWP’s failure to act in a particular circumstance does not waive its ability to act with respect to that circumstance or similar circumstances. Any provision of this Agreement that is found to be invalid, unlawful, or unenforceable will be severed from this Agreement, and the remaining provisions of this Agreement will continue to be in full force and effect. The section headings and titles in this Agreement are for convenience only and have no legal or contractual effect. Any provisions in this Agreement that by their nature should survive the termination of this Agreement (including, without limitation, provisions governing indemnification, limitations on liability, disclaimers of warranty, and ownership of intellectual property) will continue to remain in full force and effect after the termination of this Agreement.
- Choice of Law; Arbitration. This Agreement is governed by the laws of the State of Minnesota, without regard to any conflict of laws principles that would require the application of the laws of a different state. Any controversy or claim arising out of or relating to the Services or this Agreement must be commenced within 1 (one) year after the claim arose and will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Minneapolis, Minnesota, and judgment on the arbitration award may be entered into any court of competent jurisdiction. The award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted by Minnesota law. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary, to protect the party's rights or property pending the completion of arbitration.
- Contacting PNWP. If I wish to contact PNWP regarding any questions or concerns about this Agreement or the Services, I will use PNWP’s Contact Us page.