These Terms of Use (“Terms”, “ToU”) comprise an agreement between Marketing Applications, Inc., INTAGE SINGAPORE PTE, LTD. (hereafter collectively referred to as “Service Provider”) and end-users of surveyon (hereafter referred to as “Users’ and “service”, respectively).

Please read these Terms carefully before using the services by the Service Provider. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Additionally, from time to time, the Service Provider may publish additional rules that are unique to a particular service- please confirm these rules at the point of use. Finally, the Terms for each service are included in the membership agreement.

1. Definitions

For this agreement, the following terms shall have the following meanings

  1. A “Member” shall mean someone who applies to use the service using a procedure specified by the Service Provider and has this application accepted by the Service Provider.
  2. “Users” shall mean those who use the service or relevant services.
  3. “the service” shall mean the surveyon service supplied by the Service Provider.
  4. “Points” shall mean virtual currency endowed to members by the Service Provider as compensation for some actions by members in this service.

2. Personal Information

For information on how personal information will be handled, please refer to the Privacy Policy.

3. Member Acknowledgement

There are instances in which people who have undergone membership registration are not acknowledged as a member when the following circumstances apply to them. Additionally, even if members who have been acknowledged and have accepted this agreement, if they are later found to have come under the following circumstances, they may have their membership retracted.

  1. The person who registered does not exist.
  2. It becomes clear that a member had had their membership suspended due to such things as violating rules in the past.
  3. Even after the fact that registered information is false or mistaken, the member does not correct this mistake.
  4. The applicant wanting to register is less than six years old.
  5. The applicant wanting to register is less than 13 years old and does not have the consent of the person who has parental authority for, or is the legal guardian of the applicant.
  6. The user is already a registered member of another research service from our company or are already registered with this service. (double registration)
  7. The Service Provider decides that actions taken by the applicant prove to be inappropriate for acknowledgment as a member.

4. Accountability for registered information, including passwords

  1. Members must not transfer to other members or a third party or allow the use, trade, name change or pawning of such things as their registered information.
  2. Members must take responsibility for the safe keeping of their password by doing the following.
    1. Members must not use the password they use for this service with other services.
    2. Members must change their password at appropriate intervals.
  3. Members have complete responsibility for using an appropriate password and so bear the full responsibility for any identity fraud or other damage that results from the misuse of their password. In the case that the obligation to reimburse yourself, other members or any third parties, the member is completely responsible for covering this reimbursement.
  4. The Service Provider will take absolutely no responsibility for damages (including the misuse of personal information) resulting from the misuse of passwords.
  5. In the case that the Service Provider decides that that a member has not participated in this service for a certain period, the Service Provider may choose to suspend their use of this service. Additionally, when urgently required, the Service Provider may suspend or delete a members registered information without their consent. In the event that damages result from these measures not allowing the member to access this service, the Service Provider will have absolutely no responsibly for reimbursing these damages.
  6. In the event that a member uses the API of a third party to use this service, the member is required to manage their password according to their agreement with said third party. Additionally, the Service Provider will have absolutely no responsibility for any damages received through the use of third party services including Facebook.

5. Member Information

  1. The Service Provider will take ownership of the content that is registered for this service by members.
  2. The Service Provider, as a general rule, will not disclose any information that can be used to identify an individual (name, phone number, Email address) to a third party without the member’s consent. However, there are cases where information that cannot be used to identify an individual is disclosed.
  3. In the event that the Service Provider decides that a member has caused damage to another member of the Service Provider or of an affiliated site, the Service Provider can report information registered with the Service Provider by the offending member to appropriate third parties, the police or other related organizations.
  4. The Service Provider can disclose a portion of a member’s information when this disclosure has been requested by a court, public prosecutor, the police, the bar association, a consumer center or other organization with the same authority to protect the rights, confidence and property of the Service Provider.
  5. In the case that there are troubles, complaints or litigation based on the use of this service between another member or third party, the member in question must disclose all information that the Service Provider requests (this includes and is not limited to written and oral negotiations).
  6. The Service Provider may disclose personal information to cooperating companies when shipping prizes the member has been awarded or other mail.

6. Conditions Covering Inquiries

Members who are working for or in charge of market research companies or advertising firms would be considered as not be covered as a questionnaire survey.

7. Sending and receiving Email

  1. When sending and receiving Email with the Service Provider, the Service Provider will use the Email address that is registered with the member’s account.
  2. The Service Provider will have no responsibility over any damages or inconveniences experienced by a member in the event that an email send by the Service Provider or by a member to the Service Provider is delayed or not delivered.
  3. In the event that the undeliverability of Email to a members address continues for a fixed period of time, the Service Provider holds the right to suspend Email delivery to this address without the consent of the member.
  4. The content of the Emails sent by the Service Provider to specific members is meant only for this specific person and must not be sent to any third parties that are not the intended member or the Service Providers well as an unspecified large number of people.

8. Notification of changes

In the event that a member’s registered information changes, the Service Provider requires that the member promptly notify the company of this change. Additionally, the Service Provider also requires that members promptly undergo periodical validation procedures for their registered information.

9. Canceling a membership

In the event that a member wishes to cancel their membership, the Service Provider requires that they notify the Service Provider using the Service Provider’s system. When a membership is canceled, the former member will lose all rights and privileges to use this service.

10. Suspension and cancellation of membership

In the event that a member’s actions correspond to any of the following items, the Service Provider maintains the right to suspend or cancel their membership without notice before or after said cancellation. Additionally, the Service Provider maintains the right to not explain the reasons for this cancellation in the event that a member takes appropriate measures to inquire as to why their membership was canceled and the Service Provider’s right to do so is acknowledged by any member agreeing to these terms and conditions. In the event that the member’s actions cause damages to the Service Provider or a third party, the member is responsible for paying any compensation for these damages.

  1. The member filed a false registration when joining.
  2. The member used another person’s or fictitious information when registering.
  3. The member has registered with another research service or is already registered with this service. (double registration)
  4. The Emails from the Service Provider to the member are undeliverable for longer than a fixed period of time.
  5. When being investigated, the member gives an inappropriate response.
  6. If when participating in a round-table discussion, it is found that a member gave false answers on a previous survey or the member is absent from this discussion without prior notification.
  7. The member misuses a password or has another member or third party misuse a password.
  8. The member obstructs the operation of this service.
  9. In the event that the member has declared bankruptcy or the member has a guardian and there usage application was not consented to by this guardian.
  10. The member violates an article of this agreement.
  11. The Service Provider decides that the member is unfit for this service.

11. Questionnaire survey compensation

  1. The Service Provider will award coupons redeemable for goods or services or cash to members as compensation for answering surveys. In the event that a member cancels their membership before receiving their compensation, they forfeit their right to said compensation.
  2. The Service Provider will establish the kind and method for compensation for each questionnaire survey.
  3. After a member has finished their questionnaire survey, the Service Provider has the authority to verify whether or not to award points based on the member’s behavior. After this verification, the appropriate number of points will be award to a member with the Service Provider’s acknowledgement.
  4. In the event that the Service Provider does not acknowledge a member’s actions for some reason, the points will not be awarded. In this event, the Service Provider has no obligation to explain why these points were not given to the member.
  5. In the event that the Service Provider finds that a member has not followed the rules and conditions decided by the Service Provider or that the Service Provider has found that a member’s questionnaire survey answering method was improper or false, the Service Provider can retract all of a member’s points at once.
  6. The Service Provider has no responsibility to award points to members who use a computer outside the required system requirements or if during use outside the scope service an error occurs.
  7. In the event that a program error results in the loss of points that were awarded to a member following the rules laid out in this agreement, the Service Provider has the authority to adjust the member’s point total to be accurate.

12. Exchanging Points

  1. In the event that a member wishes to exchange their points for a special service, this will be done using the Service Provider’s prescribed process.
  2. The Service Provider can establish, change or erase the conditions for the exchange of points for these services in its sole discretion.
  3. In the event that a member’s affirmation can be verified, points that are saved to a set value can be exchanged by the member for services designated by the Service Provider.
  4. Any taxes that result from the points a member has been awarded, bank transfer fees for cash awards, taxes on any items or services that members receive or any other expenses are the responsibility of the member.
  5. The Service Provider will take absolutely no responsibility for damages occurring from point exchanges with outside firms.

13. Retraction of points

In the event that a member’s actions correspond to any of the following items, the Service Provider maintains the right to retract all of or a portion of their point balance. Additionally, the Service Provider will have no responsibility for compensating the member for these lost points. In the event that the member has already converted these points for money or goods, the member is responsible for repaying the value of this money or these goods to the Service Provider.

  1. The member does not log in to this service at least once in a six month period.
  2. The member has registered with another research service or is already registered with this service. (double registration)
  3. The member has used false or incorrect information when registering with the Service Provider.
  4. The member is not sending mail from the address they registered with their account or have answered a survey that is not published on this site.
  5. The member answers a questionnaire survey before a survey Email is delivered or before the survey is published on this site.
  6. The member answers every question of a questionnaire survey with the same answer or if the member’s answers are such that these answers do not correspond with the question or there is obvious inaccuracy.
  7. A member pretends to be another member when answering a questionnaire survey or a single member registers several accounts and answers the same questionnaire survey.
  8. A member has received points using inappropriate means.
  9. A member has violated this agreement.
  10. In the event that it can be rationally judged that a system error awarded more points than a member should have been awarded.
  11. In the event that the Service Provider decides that it is appropriate to retract a member’s points.

14. The prohibition of the use of information except for private use

  1. Members, excluding instances when they are given permission by the Service Provider (with regards to applicable information, when a third party with the right is present, this includes going through our firm to get this permission form this third party. This would be the same for all following instances of this term), must not reproduce, sell, publish, open to the public or any other perform actions that are not for personal use for the information they gain from this service. Additionally, members must not allow any other members or third parties do the same.
  2. Members must not use this service with the purpose of making money.

15. Dispute between users

  1. Members must take responsibility for themselves and use good sense when using this service. Additionally, members must not cause trouble for other members or third parties through the use of this service.
  2. The Service Provider will take absolutely no responsibility with regards to members using this service to give and receive information among themselves or other actions that result in this act.

16. Equipment

Members must supply for themselves the required telecommunication equipment or other tools necessary to use this service. Additionally, members cover the cost for the telecommunication service required to connect to our service’s servers. Members must bear the burden of these procedures and costs.

17. The infringement of other’s rights is prohibited

  1. In the event that members make public any information from this service, they must not infringe on the intellectual property rights (including but not limited to copyrights, design rights, patent rights, utility models, trademarks and knowhow), honor, confidence or any other of the rights of other members or third parties.
  2. In the event that a member infringes upon one of the rights mentioned above, they will take full legal responsibility for this action and so the Service Provider will take absolutely no responsibility.

18. Prohibited actions

Members must not take any actions that correspond with the following points or could be misconstrued as doing so.

  1. Actions contrary to public order and morals.
  2. Criminal acts or acts connected to criminal acts.
  3. Infringement on the intellectual property rights (including but not limited to copyrights, design rights, patent rights, utility models, trademarks and knowhow) of other members or third parties.
  4. Acts that would damage the property, confidence or privacy of another member or third party.
  5. Other acts that would violate the law.
  6. Actions that damage other members or third parties.
  7. Actions that slander other members or third parties.
  8. Pre-election campaigning or participation in an election campaign or actions that in any way conflict with the Public Office Election Law.
  9. Actions that obstruct the operation of this service or actions that damage trustworthiness of this service.
  10. Creating several accounts.
  11. Other actions that are deemed inappropriate by the Service Provider.

19. The content of this service as well as suspension

The Service Provider may, without notice to members, change our terms of service and service content and members are viewed as consenting to these changes. This change includes partial changes to this service but is not limited to only this. Additionally, the Service Provider may suspend or interrupt service without advance notice. The Service Provider will not be liable for the damages that may be suffered by members or third parties as a result of these changes, suspensions or interruptions.

20. Temporary suspensions of service

There are instances in which the Service Provider will temporarily suspend service under the following circumstances. The Service Provider will have no responsibility for any damages that are suffered by members or third parties as a result of these delays or suspensions for the following or other reasons. Additionally, in the case that members use a third party’s API to log into this service, the Service Provider will have no responsibility for interruptions in a third party’s service.

  1. Maintenance, inspection, repair and changes may be done at fixed intervals or suddenly in emergencies.
  2. Fire or power outages may interrupt this service.
  3. Natural disasters such as earthquakes, volcanic eruptions, floods or tidal waves may interrupt this service.
  4. Wars, disturbances, insurrections, riots and strikes may interrupt service.
  5. There may be other instances in which our firm decides that based on operations or technologies that this service will need to be temporarily suspended.

21. This service’s content security and suspension

  1. This service’s content is considered providable at such time that is is available. The Service Provider does not guarantee the integrity, applicability or usefulness of information that is offered or information that members register or submit. The Service Provider will not be liable to any damages suffered by members or third parties resulting from delays or interruptions in the offering of this service, no matter what the reason.
  2. This service and this site are provided in a form that is determined by the system requirements we recommend. However, there are instances in which systems matching our system requirements cannot adequately use our service for other reasons. The Service Provider will not, unless otherwise stated by the law, be liable to compensate any damages that a member suffers due to this occurring.

22. Deletion of Information, etc.

The Service Provider may, without notice to members, delete registered information after a fixed interval prescribed by the Service Provider or if the amount of this information exceeds a fixed amount. Additionally, when deemed necessary by the Service Provider for reasons aside from those recorded in this agreement for the management or maintenance of this service, the information members have registered with this service may be deleted without notice.

23. The establishment of the scope of what is offered by this service

  1. The Service Provider may establish or change the limits to the scope of what this service offers to each member to a reasonable extent based on this agreement.
  2. Even for members who are using this service to access the service of other companies, the Service Provider will bear no responsibility for any trouble that occurs between applicable members, sponsors of other services, members of other services or other third parties and if this trouble leads to the Service Provider or a third party to suffer damages, it is the member’s responsibility to pay this compensation.

24. Disclaimer

  1. The Service Provider will take absolutely no responsibility for damages members suffer due to the use of this service and have no obligation to provide compensation to members who have suffered such damages.
  2. The Service Provider has no obligation to pay damages resulting from the deletion of information that members have registered or contributed, the suspension or deletion of a member’s account or the suspension, interruption or stoppage of this service, no matter the reason.
  3. The Service Provider can newly establish, change and terminate any prizes, their variety, their content and their point value. The Service Provider is not responsible if this change effects members and will not compensate them if it does.
  4. The Service Provider will take absolutely no responsibly for the loss or theft of a member’s prize.
  5. In the event that the member does not use their prize, they cannot return this prize to have their points refunded or exchange this prize for something else. The Service Provider will bear not responsibility for prizes awarded that are not used.
  6. The Service Provider will bear no responsibility for prizes that are delayed, lost, stolen or damaged when shipped and the Service Provider will not resend, reissue, buy back or return points during such incidents.
  7. In the event that due to the deficiency of a member’s registered information, communication from the Service Provider or prizes are delayed or do not arrive, the Service Provider will see all products that are normally shipped as delivered and even if a member suffers damages due to this, the Service Provider is not responsible.
  8. The Service Provider will bear no absolutely no responsibility for the standards of affiliated sites or if a members rewards are not acknowledged, are canceled or adjusted and a member suffers damages as a result.
  9. The Service Provider will bear no obligation to compensate members who suffer from unauthorized access or disturbances to their account, even if they suffer damages as a result.

25. Restitutions

  1. In the event that a member uses this service to cause another member or third party to suffer damages, this member must settle this matter at their own expense and not cause damage to the Service Provider.
  2. In the event that a member takes actions that violate this agreement, are inappropriate or against the law and so causes the Service Provider to suffer damages, the Service Provider reserves the right to seek restitution from this member.

26. Applicable laws and jurisdiction

This agreement is based on and construed in accordance with laws of Japan. Additionally, in the case that litigation becomes necessary, the sole jurisdiction and venue for actions related to this Agreement shall be the Tokyo District Court as the court of first instance.

Supplementary provisions

This contract will be effective from June 1st, 2017.