By joining and participating in Beta Test Beauty, you (“you” or “Member”) acknowledge and accept these Beta Test Beauty Terms of Service (“TOS”), which are subject to change from time to time upon notice to you. Your continued membership in Beta Test Beauty constitutes acknowledgement and acceptance of any modification to these TOS.
IF YOU OBJECT TO ANY OF THE TERMS AND CONDITIONS OF THESE TOS, OR ANY SUBSEQUENT MODIFICATIONS THERETO, YOUR ONLY RECOURSE IS TO IMMEDIATELY DISCONTINUE PARTICIPATION IN BETA TEST BEAUTY AND TO TERMINATE YOUR MEMBERSHIP.
Beta Test Beauty reserves the right to modify or discontinue the Beta Test Beauty program with or without notice to you.
Beta Test Beauty is a service provided by Beta Test Beauty, LLP (“Beta Test Beauty”), the defining provider of on-demand market research, through the website Beta Test Beauty.com (the “Website”).
Beta Test Beauty members may earn cash or other incentives (collectively, “Incentives”) in return for their membership and completion of Beta Test Beauty market research studies. Incentives provided by Beta Test Beauty, LLP are governed by the Beta Test Beauty Terms of Service (“BTBTOS”); Incentives provided by third parties are governed by rules and agreements between you and such third party.
Beta Test Beauty is under no obligation to provide members with any particular number of opportunities to participate in market research studies. Beta Test Beauty reserves the right to limit or terminate your Beta Test Beauty membership at any time.
Only individual persons 18 years or older and residing in the U.S or Canada may enroll and become members of Beta Test Beauty. Corporations or other business entities are not eligible to become Members.
Beta Test Beauty membership and use is limited to one individual per Beta Test Beauty account unless otherwise approved by Beta Test Beauty in advance in writing.
Beta Test Beauty allows only one email address per Member. You agree to provide only true and accurate information to Beta Test Beauty and to answer all market research studies truthfully and thoughtfully, including any and all profile questions.
As a Beta Test Beauty Member, you agree not to reproduce, share or disclose any surveys, questions, content or materials presented for evaluation.
You agree not to engage in conduct that is detrimental to the interests of Beta Test Beauty, its customers, or Beta Test Beauty.com, including, without limitation, violating these TOS, having multiple Beta Test Beauty accounts, participating in redemption fraud, and tampering with Beta Test Beauty survey links.
You agree to promptly notify Beta Test Beauty of any change in your address (mail or email) or personal profile by updating your personal information in the My Profile section of the Website. Your discontinued participation in Beta Test Beauty or failure to notify Beta Test Beauty of any address (mail or email) or profile changes may result in the termination of membership and cancellation and forfeiture of your unredeemed incentives.
Compliance with Laws
You shall comply with all laws, rules, and regulations that are applicable to you. You acknowledge that you may only participate in Beta Test Beauty if and to the extent that such participation is permitted by such laws, rules, and regulations.
Disclaimer of Warranties
You expressly agree that use of Beta Test Beauty is at your sole risk.
Beta Test Beauty and all services offered therein are provided on a strictly “as is” and “as available” basis. BETA TEST BEAUTY MAKES NO WARRANTY WITH REGARD TO SERVICES OR REWARDS OBTAINED BY YOU THROUGH BETA TEST BEAUTY OR THROUGH BETA TEST BEAUTY’s PARTNERS; THAT BETA TEST BEAUTY WILL MEET YOUR REQUIREMENTS; OR THAT THE BETA TEST BEAUTY SERVICES WILL BE UNINTERRUPTED, TIMELY, ERROR FREE; NOR DOES BETA TEST BEAUTY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF BETA TEST BEAUTY OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH BETA TEST BEAUTY.
Beta Test Beauty expressly disclaims any and all express and implied warranties, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Beta Test Beauty shall not be liable or responsible for those guarantees, warranties, and representations, if any, offered by Beta Test Beauty’s customers, clients, partners, manufacturers of merchandise, suppliers of services or other third parties. No advice or information, whether oral or written, obtained by you from Beta Test Beauty or through Beta Test Beauty shall create any warranty not expressly made herein.
Limitation of Liability
Beta Test Beauty’s refusal to enroll you, or to restrict, modify, or terminate your membership in Beta Test Beauty, for any reason or no reason shall be without liability to you or any other party.
BETA TEST BEAUTY SHALL NOT BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL, RELATING TO YOUR PARTICIPATION OR INABILITY TO PARTICIPATE IN BETA TEST BEAUTY MARKET RESEARCH STUDIES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. You acknowledge that your participation in Beta Test Beauty market research studies entails known and unanticipated risks that could result in your injury. You understand that certain risks are inherent in such an activity. The risks include, among other things, the possibility of an allergic reaction to the materials tested or injury from the use of tainted materials.
You hereby on behalf of yourself and your successors and assigns, release, acquit and covenant not to sue Beta Test Beauty and its and its officers, directors and employees for all actions, causes of action, claims or damages, damages in law or remedies in equity of whatever kind or nature, arising out of your Beta Test Beauty membership and participation in market research studies. You agree that your sole recourse in the event of your injury is to seek redress from the Client of Beta Test Beauty that originally provided the materials that caused your injury.
If any product sample causes irritation, redness or any skin or health problem, it is your responsibility to discontinue use of the sample, notify Beta Test Beauty immediately, document the problems and include as much information as possible with the subsequent survey. By agreeing to these Terms & Conditions you also agree to use any product samples only according to the instructions provided with the sample.
Third Party Services
You acknowledge and agree that Beta Test Beauty neither endorses the contents of advertisements or third parties’ Web sites, nor assumes responsibility or liability for the accuracy of material contained therein, or any infringement of third party intellectual property rights arising there from, or any fraud or other crime facilitated thereby.
To enhance the value of the Beta Test Beauty service to you, Beta Test Beauty may on occasion share some of your personal information with third parties for the limited purposes of data verification and supplementation. Such third parties will agree to maintain the confidentiality and protection of your personal information, at all times before, during and after providing services.
YOU UNDERSTAND AND AGREE THAT (a) AT ANY TIME EITHER YOU OR BETA TEST BEAUTY MAY TERMINATE YOUR MEMBERSHIP WITH OR WITHOUT CAUSE AND (b) UPON TERMINATION, YOUR RIGHT TO USE YOUR MEMBERSHIP IMMEDIATELY CEASES AND YOUR UNREDEEMED POINTS SHALL BE CANCELLED AND FORFEITED.
Beta Test Beauty reserves the right to terminate or disable, at its sole discretion, any Beta Test Beauty membership if Beta Test Beauty believes that you have violated or acted inconsistently with these TOS or otherwise engaged in suspected abuse or fraud. In addition, Beta Test Beauty reserves the right to terminate or disable, at its sole discretion, any Beta Test Beauty membership if Beta Test Beauty believes that your survey response pattern appears suspect or deliberately untruthful. Any such decision or ensuing termination/disablement will be final and binding.
Beta Test Beauty reserves the right to terminate or disable, and cancel unredeemed incentives at any time.
You understand that, in some cases you may still receive pre-scheduled messages for a period of time following termination.
Should you object to any of the terms and conditions of these TOS, or any subsequent modifications thereto, or become dissatisfied with Beta Test Beauty, your only recourse is to immediately discontinue participation in Beta Test Beauty and properly terminate your membership.
Termination of your membership by you is effective upon your submission of a termination request at the Cancel Account page of the Website. Non-Transferability
Your right to use Beta Test Beauty is non-transferable, and is non-transferable upon death, as part of a domestic relations matter or otherwise by operation of law.
Proprietary Rights to Content and other Intellectual Property
You acknowledge that Beta Test Beauty content (including but not limited to text, sound, photographs, graphics, product samples or other material contained in any Beta Test Beauty communication, advertisements, or messages, whether by Beta Test Beauty or Beta Test Beauty’s customers, clients or partners), service and software are protected by copyrights, trademarks, service marks, patents, and/or other proprietary rights and laws; therefore, you are only permitted to use content, product samples, service, or software as expressly authorized by Beta Test Beauty, its clients and partners, as the case may be. Except as expressly provided Beta Test Beauty, Beta Test Beauty and its customers, clients and partners retain title, ownership and all rights and interests in and to their respective intellectual property.
Beta Test Beauty reserves the right to change these TOS, and/or any part thereof, at any time upon notice to you. You understand that the most recent version of these TOS will be located on the Website.
All notices given by Beta Test Beauty to you will be given by email, regular mail or by general posting on the Website.
You agree to indemnify and hold Beta Test Beauty, Beta Test Beauty, its affiliates, officers, and employees harmless from any claim, demand, expense, loss or damage, including reasonable attorneys’ fees, relating to your use of Beta Test Beauty or violation of these TOS.
These TOS shall be governed by the law of the State of California, excluding its conflict of law principles.
Any dispute or claim arising out of or in relation to these TOS, or the interpretation, making, performance, breach, or termination thereof, shall be finally settled by binding arbitration in Salt Lake City, Utah, USA, under the Commercial Arbitration Rules of the American Arbitration Association (the “Rules”). Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. You and Beta Test Beauty agree that, any provision of applicable law notwithstanding, neither party will request, and the arbitrators shall have no authority to award, punitive or exemplary damages against the other party. At either party’s request, the arbitrators shall issue a written decision explaining the facts and legal reasoning on which their decision is based. The arbitration proceedings shall be conducted in the English language. As the sole exception to the foregoing agreements on exclusive jurisdiction and arbitration, either party may, at its sole discretion, seek preliminary or permanent injunctive relief in any court of competent jurisdiction. The prevailing party in any Dispute shall be entitled to reasonable attorneys’ fees and costs in addition to any other relief to which that party may be entitled.
These TOS constitutes the complete and exclusive understanding between Beta Test Beauty and you relating to the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, communications, and/or advertising with respect to such subject matter.
If any provision(s) of these TOS is held to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
Beta Test Beauty’s failure to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Beta Test Beauty in writing.
Beta Test Beauty, part of Beta Test Beauty, LLP
Copyright ©2008 Beta Test Beauty, LLP. All rights reserved. ** No trademark yet.
Other marks referenced herein are the property of their respective owners.
The Beta Test Beauty is operated by Beta Test Beauty, LLP. Beta Test Beauty is a professional online marketing research company, which adheres to all federal guidelines to protect all respondent confidentiality. Your identity and the replies that you provide to the Beta Test Beauty are kept completely confidential. The data that we collect for our market research clients is reported to them in aggregate form only. We do not provide our clients with your personally identifiable information and we will not send you unsolicited email.
When you fill out the Beta Test Beauty registration profile questionnaire, we gather your contact and demographic information such as email address, age, gender, postal address and zip code. We track this information so that we can send you surveys, samples, materials and incentives that are appropriate for or relevant to you. We try to ask your opinions about products and services with which you are familiar and that are readily available where you live.
We also need to know about you so that we can ensure that a broad group of people is given the opportunity to respond to each survey. Often, the survey group must represent the diverse population comprised of specific geographic regions or age groups.
We may use both session ID cookies and/or persistent cookies. Session ID cookies make it easier for you to navigate our site. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your internet browser’s “Help” file.
If you reject cookies, you may still use the Site, however your ability to participate in surveys may be limited.
INFORMATION THAT WE USE AND SHARE
The personally identifiable information you provide us is used when we need to communicate with you. The communications that you will receive from the Beta Test Beauty will involve:
- Invitations to participate in our surveys
- Delivery of applicable materials and product samples
- Delivery of incentives after a completed survey
- Communications about sweepstakes or other rewards for your participation
- Offers from Beta Test Beauty, LLP or Beta Test Beauty, a service of Beta Test Beauty, LLP
- Administrative emails including but not limited to, Account Statements and Beta Test Beauty Newsletters
NOTE TO PARENTS AND MINORS
Beta Test Beauty does not seek to collect any personal information from minors. We ask that minors do not submit any information about themselves and that they do not use this Site. Anyone using the Site or the services provided in connection with the Site represents and warrants that they are 18 years of age or older. We may ask you about whether or not you have children and the ages of your children as family composition is often relevant to assembling a particular panel.
You may opt out of receiving communications from us at any time.
We gather information about you as part of our Internet survey and research process. We collect this information so that we can send you relevant market research surveys that target your specific demographic profile. We then aggregate your survey responses and report the results to our clients.
DATA PROCESSING, VERIFICATION AND SUPPLEMENTATION
Periodically, we may send your information to third-party data processors for data verification, supplementation or other processing. Data verification involves the use of third-party data processing services to standardize and clean your provided profile information so that it is easily identified and accessed in our database. Data supplementation involves appending any publicly available information about you to your personal profile.
On occasion, Beta Test Beauty may send the information we gather about you to other trusted third-party data processors to organize, process and/or analyze the data on our behalf. For instance, we use such services to ensure that your opt-out requests are honored and we use other such services to send surveys to those of you participating in our mobile panel. We may also provide your information to mail houses to deliver product samples or incentives that must be physically mailed.
We may share your non-personally identifiable information collected via surveys in aggregate and anonymous form with our clients. For example, we may let a client know that female survey respondents aged 25-34 preferred product A over product B. We do not disclose your first name, last name, postal address, email address or any other personally identifiable information to these third parties unless you provide us with your express consent.
CONTESTS AND SWEEPSTAKES
Beta Test Beauty may provide you with opportunity to participate in contests and sweepstakes. If you choose to participate, we will request certain personally identifiable information from you. The requested information typically includes contact information (such as name and shipping address) and demographic information (such as gender and zip code). We use this information to help our clients qualify and notify contest winners and award prizes. We will not share such personally identifiable information with any third party unless we give you prior notice and the opportunity to opt out (though failure to provide certain contact information may impact our clients’ ability to award prizes).
Beta Test Beauty may offer you the opportunity to refer friends to join the panel. If you choose to use our referral service to tell a friend about Beta Test Beauty, we will ask you for your friend’s name and email address. We will automatically send your friend a one-time email inviting him or her to join the panel. We may store this information for the sole purpose of sending this one-time email and for tracking the success of our referral program.
Your friend may contact us at [email protected] to request that we remove this information from our database.
PARTNER LOYALTY PROGRAM CO-BRANDED SITE (Beta Test Beauty)
Our Site provides you with the ability to opt-out of receiving communications from the Beta Test Beauty. You may opt-out by clicking on the “Cancel Account” link at the bottom of each page on Beta Test Beauty.com. Instructions about how to unsubscribe from the Beta Test Beauty are also contained in every email that we send out to you. You may also opt out by sending an email to [email protected] Test Beauty.com or writing to us at:
Beta Test Beauty 1083 West Pheasant Tail Drive, Bluffdale, Utah 84065
MODIFYING YOUR INFORMATION
You may update your registration information on the “My Profile” page of the Site. This is a secure area and login is required. You may change your email, password, mailing address or other registration information on this page. If you have forgotten your password, you may select the “Forgot Password” link on the “My Profile” page, and then enter your email address. Your password will be sent to your registered email address.
NOTIFICATION OF CHANGES
We take strict precautions to use modern security technology to protect the personally identifiable information submitted to us, both during transmission and once we receive it. The data we collect is protected through the use of firewalls and passwords, among other things. Nonetheless, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we are vigilant in protecting your personally identifiable information, we cannot guarantee its absolute security.
HOW TO CONTACT US
If you have questions or concerns about this statement, you should first contact us.
By email: [email protected]
By regular mail: Beta Test Beauty 1083 West Pheasant Tail Drive, Bluffdale, Utah 84065