Terms of ServiceParticipant Terms of Service | Researcher Terms of Service
Participant Terms of Service
These terms of service govern your use of MindSwarms. By clicking “accept” and using MindSwarms, you agree to be bound by these terms of service. If you do not agree to these terms of service, you may not use MindSwarms.
- Age and Agreement.
IF YOU ARE UNDER AGE 18 YOU MUST HAVE YOUR PARENT OR LEGAL GUARDIAN'S PERMISSION TO USE THIS SITE AND SERVICE, AS WELL AS HAVE YOUR PARENT READ AND AGREE TO THESE TERMS. YOU REPRESENT, ACKNOWLEDGE AND AGREE THAT YOU ARE AT LEAST 18 YEARS OF AGE OR THAT YOU ARE THE PARENT OR LEGAL GUARDIAN OF A USER THAT IS AT LEAST 13 YEARS OF AGE, AND YOU AGREE TO THESE TERMS.
- Registration and Account.
To apply for and participate in Research Studies, you must register and create a MindSwarms account. When you create an account, you represent and warrant:
- You are the only one who will use your account to participate in Research Studies.
- You will keep your account and contact information accurate and up to date.
- You will not create more than one MindSwarms account.
- If you use your account through a mobile device, you will be responsible for all fees related to your mobile use.
- Password and Security.
- You are responsible for and must keep your password private and not share it with anyone.
- You are responsible for all activities that occur under your password.
- You are responsible for any harm that occurs from inadequately protecting your password.
- You agree to notify us immediately of any unauthorized use of your password or any other breach of security.
- We reserve the right to require you to change your password if we believe that your password is no longer secure.
You will need the following to participate in Research Studies:
- A high-speed upstream Internet connection (capable of a sustained 384 kb/s or better)
- A webcam capable of recording in at least 640x480 resolution
- A microphone and speakers
- A modern web browser
- The latest version Adobe Flash Player software
- A PayPal account
While participating in Research Studies we would like you to feel relaxed and at ease; however we ask that you please be fully dressed when recording your responses.
Subject to these terms of service, you may access and use MindSwarms through your account to participate in Research Studies. No one else may access and use MindSwarms through your account unless you record your authorization in advance of the study. If the person is a minor (under 18), you must identify yourself as that person’s parent or guardian who is authorized to act on the minor’s behalf and grant the minor permission to complete the study.
- When using MindSwarms, you agree not to:
- apply to each Research Study more than once.
- impersonate any person or entity.
- provide any false Personal Data or other information.
- provide any data or information that you do not have the right to provide us.
- upload or transmit any material that is defamatory, libelous, pornographic, obscene or unlawful, or any damaging files, programs or code.
- violate any laws.
- Only one member per household may participate in each Research Study unless explicitly stated in the study application.
- You may not record, copy, modify, reproduce, republish, post, transmit, sell, offer for sale, or redistribute Research Data submitted by you or any of our copyrights or trademarks, without our prior written permission.
- We reserve the right to modify or discontinue the MindSwarms services with or without notice to you.
- When your responses are flagged.
- Researchers are permitted to flag your study responses if you:
- apply to each Research Study more than once.
- do not complete the Research Study.
- have technical issues that hinder the Researcher’s ability to interpret your answers.
- do not answer the questions in the Research Study in sufficient detail.
- appear untruthful or inconsistent in the Research Data that you submit.
- If your study responses are flagged, you will be given 24 hours to correct the issue(s). If you fail to correct he issue(s) in 24 hours, you may not be paid.
- We are not responsible for a Researcher rejecting your data.
- Likeness Consent.
We may capture your voice, appearance, and likeness in the Research Data that you create and submit. By submitting Research Data, you agree that:
- We have your irrevocable and perpetual permission to use you or your child’s voice, appearance, and likeness submitted in the Research Data.
- We exclusively own such voice, appearance, and likeness in the Research Data and any derivative works thereof, and may use them for marketing or any other lawful purpose.
- You waive any right to review or approve, and release MindSwarms from any claims regarding, such use.
- Your consent and permission binds your heirs, assigns, successors and representatives.
- PayPal Requirement.
To receive payment, you must have a working PayPal account. Your PayPal email may differ from your contact email and can be updated on the “Your Account” page of our website.
- Payment Timing.
After you complete a Research Study, we will pay you $50 (unless otherwise specified) via PayPal, provided that the Researcher does not flag your responses. We will make all payments within 48 business hours unless administrative or technical issues prevent us from meeting that deadline. Please note that we are unable to resend or reroute a payment to another account after it has been made.
You are responsible for any and all taxes associated with any payments you receive from us. To comply with US tax law, we may require US taxpayers earning over $600 from us in a tax year to provide IRS form W-9 before releasing payment.
Research Data and Personal Data provided by you will be owned by us and licensed to Researchers. You assign to us any and all interest you may have in the Research Data and any feedback you provide.
- Third Party Rights.
You represent and warrant that the Research Data and Personal Data you provide, and our and the Researchers’ use of such data, do not and will not violate, infringe or misappropriate any third party right.
You waive any and all moral rights and rights of privacy and publicity you may have in the Research Data and Personal Data (i.e., Personal Data that does not identify you, such as gender or age).
- Confidential Information.Confidential information means information and materials concerning a Researcher’s or our business, plans, customers, technology and products that are confidential and of substantial value. All Research Studies and their related non-public materials are confidential information. This includes, but is not limited to, the study title, study questions that you respond to, linked or embedded materials such as audio, images, video, or web pages provided as part of a study, and any concepts related to those materials.
- Non-Disclosure.You may only use the Confidential Information for the express purpose for which it was disclosed to you. You agree to protect the confidentiality of all Confidential Information and not to disclose it to anyone. Except as expressly authorized by us, you agree not to copy, print, store, forward, or otherwise collect Confidential Information. Your confidentiality obligations shall survive the completion of the Research Studies.
- Other Terms
- Entire Agreement; Modifications; Waiver.
These terms of service, together with any additional terms to which you agree when using MindSwarms constitute the entire and exclusive agreement between the parties regarding MindSwarms, and supersedes any prior agreements. We may change these terms of service from time to time without prior notice. The most recent version of these terms of service will be posted at www.mindswarms.com/terms. Your continued use of MindSwarms following any such changes will indicate your agreement to such changes. Our failure to exercise or enforce any right or provision of these terms of service will not constitute a waiver of such right or provision.
- Governing Law; Arbitration.
- Disclaimer of Warranties.
MINDSWARMS IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT USE OF MINDSWARMS IS AT YOUR SOLE RISK. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO MINDSWARMS (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT). WE MAKE NO WARRANTY THAT MINDSWARMS WILL MEET YOUR REQUIREMENTS, OR THAT MINDSWARMS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. YOU ACKNOWLEDGE THAT ACCESS TO DATA (INCLUDING, BUT NOT LIMITED TO, DOCUMENTS, PHOTOGRAPHS, AND VIDEO FILES) STORED BY YOU OR OTHERS ON MINDSWARMS IS NOT GUARANTEED AND THAT WE WILL NOT BE RESPONSIBLE TO YOU FOR ANY LOSS OF DATA CAUSED BY MINDSWARMS OR ITS UNAVAILABILITY. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF MINDSWARMS IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM. WE MAKE NO WARRANTY AS TO THE PERFORMANCE OF ANY THIRD PARTIES INCLUDING, WITHOUT LIMITATION PAYMENT PROCESSORS OR THE RESEARCHERS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH MINDSWARMS WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE DO NOT REVIEW THE LEGITIMACY OF RESEARCHERS OR THE RESEARCH STUDIES PROVIDED BY RESEARCHERS. AS A RESULT, WE HAVE NO CONTROL OVER THE QUALITY, SAFETY OR LEGALITY OF THE QUESTIONS ASKED IN THE RESEARCH STUDIES OR IN THE SCREENING QUESTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OF ANY RESEARCHER.
- Limitations of Liability.
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL WE OR OUR OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY REMEDY OF ITS ESSENTIAL PURPOSE) FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING FROM YOUR USE OF MINDSWARMS (OR ANY PERSON USING YOUR ACCOUNT) AND (B) MORE THAN ONE HUNDRED DOLLARS ($100.00) RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT’S) USE OF MINDSWARMS. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of MindSwarms or these terms of service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- Exclusions and Limitations.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that MindSwarms may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of MindSwarms’ liability will be the minimum permitted under such applicable law.
You agree to indemnify, defend, and hold us harmless and our and our affiliates’ officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account’s) violation of these terms of service or your use of MindSwarms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
You may not transfer any of your rights or obligations under these terms of service without our prior written consent. We may assign your account, MindSwarms and all agreements at any time, without notice. Subject to the foregoing, these terms of service will be binding on each party's permitted successors and assigns.
If any provision of these terms of service is found by an arbitrator or court of competent jurisdiction to be invalid, you nevertheless agree that the arbitrator or court should endeavor to give effect to the your and our intentions as reflected in the provision, and that the other provisions of these terms of service remain in full force and effect.
We may provide links to third-party websites or Internet resources through its website or other services. These links are for your convenience only and do not imply our endorsement. You agree that we will have no responsibility or liability for any information, software, or other materials found at any other website or Internet resource.
You may close your account and discontinue your participation in and access to MindSwarms at any time. We may terminate your account or suspend access to MindSwarms immediately without notice if in our judgment you violate the law or these terms of service, or abuse a Researcher or the MindSwarms service in any way. These terms of service will remain in full force and effect notwithstanding any termination of your use of MindSwarms.
- “MindSwarms” means the services that we make available.
- “Personal Data” means any data that describes you (such as name, gender, age, phone number, and address), your beliefs (such as political party), or your behaviors (such as shopping habits).
- “Researcher” means a third party conducting research through MindSwarms.
- “Research Study” means a research study offered containing text, audio and/or video questions that are answered via webcam by participants.
- “Research Data” means sample videos, study applications, and the responses and other information you provide (whether through text, video or audio) for the Research Studies, and any behavioral or other data on your usage of MindSwarms collected by us.
- “User Information” means Personal Data and Research Data.
- “We” or “us” means MindSwarms, Inc.