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Participant Terms of Use

The official SoundingBox participant legal agreement is below. Here's a brief and non-legal version:

  • We won't share your identity and personal info with clients.
  • Do not communicate directly with clients.
  • We've tried our best to make sure the SoundingBox apps won't harm your device but we can't guarantee that it won't or that it will work correctly with your device.
  • You might end up completing studies containing websites or features that aren't public yet so you promise not to tell anyone about the stuff you see.
  • If you were invited via an online panel, the online panel is responsible for your payment.
  • If you are completing an in-house study, we'll pay you via PayPal after you do a test, but we may not pay you if you didn't complete the study properly. We greatly value your participation and are generally understanding.
  • When you agree to complete a survey, you're agreeing to the full terms and conditions as written below.

These Participant Terms and Conditions (the "Terms") describe the terms and conditions under which you will act as a participant and complete studies (the "Studies") for clients of SoundingBox Incorporated, a New York corporation with offices at 1185 6th Ave, New York, NY 10036, USA ("SoundingBox," "we," "our").

Our service matches participants to clients who want their or another party’s website, advertisement, animation video, website search process, software, software prototype or other element (the "Elements"), remotely analyzed via the Internet by participants. The participants may be connected to the Internet from their home, or other Internet connection facility, at their own discretion.

By indicating your acceptance by choosing the "Yes I Agree" button before a survey, you are agreeing to abide by and be bound by these Terms. If you do not agree to these Terms, do not click the "Yes I Agree" button, and you will not be able to act as a participant for the given SoundingBox survey.

License for SoundingBox

In order to be a participant for SoundingBox, you will need to use our surveys app ("SoundingBox") from the iTunes app store or the Google Play Store. By using SoundingBox, you agree to be bound by the these Terms. If you do not agree to these Terms, do not continue with the given survey.

Subject to your compliance with these Terms, SoundingBox grants to you the limited, royalty-free, non-exclusive right and license to use the SoundingBox on your personal, non-commercial computer, solely for the purpose of completing Studies for clients of SoundingBox and for no other purpose. SoundingBox owns or licenses all rights in SoundingBox. This agreement does not operate to transfer any ownership or intellectual property rights in SoundingBox to you. You agree not to attempt to reverse engineer, decompile, translate, adapt, or disassemble SoundingBox (or any part of it) or use the SoundingBox for any purpose other than to complete studies or in any other product or service.

THIS SECTION LIMITS YOUR RIGHT TO SEEK COMPENSATION FOR DAMAGE RESULTING FROM THE USE OF SoundingBox. BY USING THE SoundingBox APP YOU CONFIRM THAT YOU AGREE THAT THE LIMITATIONS IN THIS SECTION SHOULD FOR ALL PURPOSES BE DEEMED TO BE REASONABLE.

SoundingBox has made reasonable efforts to ensure that the SoundingBox app is stable and integrates with standard hardware and software configurations, however because of the variety of hardware and software environments into which the SoundingBox Survey app may be installed, no warranty of fitness for a particular purpose is offered out and, to the extent permitted by law, all implied warranties as to fitness are excluded. SoundingBox has also made reasonable efforts to ensure that the SoundingBox app is virus free, however because of the various distribution channels used and the proliferation of software designed to infect software no warranty is given that the SoundingBox app is virus free. We recommend that you deploy up-to-date virus protection software. We recommend that all software should be thoroughly tested with non-critical data before relying on it. You assume the entire risk of using the SoundingBox app software (or any part of it). To the extent permitted by law, your exclusive remedy is limited to product replacement. Users of the SoundingBox app agree to use the software on an "as is" basis, without support from SoundingBox and subject to the terms included in the following paragraph. SoundingBox.com, the authors, owners, publishers and others involved in the development or supply of the SoundingBox app exclude, to the extent permitted by law (which does not permit the exclusion of liability for personal injury or, in limited circumstances, terms which a court deems to be unreasonable), all liability to you (or users of the SoundingBox app or recipients of the SoundingBox app generated files) for any claim in respect of loss (direct and consequential), damages or other breach of express or implied duty, arising from, out of or in connection with the use or other dealings with the SoundingBox app.

By using the SoundingBox app, you hereby authorize SoundingBox to access the computer on which you are using the SoundingBox app for the express purpose of and to the extent required for your completion of Studies. You agree to assume full responsibility for any damage caused to the system on which you are using the SoundingBox app, any programs, data or information related to or arising from such downloads or the testing services you provide.

Tester Requirements

In addition, SoundingBox may collect details of your visits to the Websites or software we ask you to test, including, but not limited to, clickflow, traffic data, location data, weblogs, IP address, operating system, browser type, and other communication data, that may be shared with SoundingBox clients. In order to be a participant:

  • You must be of legal age to form binding contracts in your country and state of residence.
  • You are responsible for having access to all of the following equipment needed to conduct one of our usability tests:
  • A device;
  • A valid e-mail address;

As a participant, you will use the SoundingBox app, which will allow SoundingBox to:

  • Record your computer screen actions, screen shots, clicks, and navigational data as you perform tasks on selected Elements ("Studies");
  • Answer a series of questions on various topics such as design, content, user-friendliness, as well as offer ratings and suggestions on these areas;
  • Provide your written commentary and suggestions; and
  • Provide the entire recorded Study to the client.

SoundingBox makes no representation or warranty that you will be selected to complete Studies.

You are responsible for ensuring that the SoundingBox app is not used in a way which may constitute a breach of your personal privacy or confidential information.

Client Communications

You agree not to contact clients who have purchased usability testing services through SoundingBox or through information gained from our Website with the intent of offering your own services directly to the client as a substitute for our services.

Confidentiality

You agree to full confidentiality regarding any Elements which you are testing, have tested, or will test, as a result of your participation as a participant for SoundingBox, and you will not disclose to any third party any information relating to any Study performed for SoundingBox, any information about any client or any Element, and you may not copy or record any of the results of a Study. You may not copy or take screenshots/videos of the Elements, the SoundingBox.COM Surveys app, and/or disclose this information to other participants or third parties, either in person, via the Internet, or any other form of communication. You may not use any Element after the Study services have been completed by you. If a Study requires you to download an Element onto your computer, you will delete such Element after completion of the Study by you. If the Study provide you access to password-protected website or non-public website, you will not access such website after completion of the Study by you.

Payments

Payments through SoundingBox are made with the following conditions:

  • You must have an active PayPal or Amazon Mechanical Turk Account account;
  • All payments are made in the currency of your country;
  • For certain transactions, applicable Paypal fees may be deducted by PayPal from your total payment. Contact PayPal for more information.
  • As a participant, you are an independent contractor and responsible for determining any tax liabilities incurred from payments received by SoundingBox.com.
  • If a participant with U.S. tax obligations, you may be required to provide W-9 information.

SoundingBox reserves the right in its sole discretion to deny payment to any participant for the following reasons:

  • Substandard or incomplete testing as determined by SoundingBox and/or its clients at their sole discretion (for example failure to complete all required tasks, or not speaking thoughts aloud during testing);
  • Studies conducted after the expiration of the testing period as set by SoundingBox and/or its clients.

SoundingBox will ONLY pay you for Studies performed in compliance with all client requirements, and if the above guidelines have been met.

From time to time a client may provide to SoundingBox the contact information for particular people whom they would like to be invited to perform Studies on behalf of such client. SoundingBox will invite such people to become participants pursuant to these terms. If the client for whom such participants are completing Studies determines at their discretion that such services did not meet their requirements, then notice of such client’s determination will be provided to SoundingBox and the participant, and SoundingBox shall not be obligated to pay the participant for performing such services.

SoundingBox may extract anonymous statistics and otherwise aggregate other non-personally identifiable information from the tests and written reports you create, and feature such information on our site, and/or disclose such information to third parties for marketing or other purposes.

Where We Store Your Personal Data and Security

Although SoundingBox will use reasonable efforts to protect your personal data, we cannot guarantee the security of your data transmitted over third party networks. Any transmission is at your own risk.

All information you provide to SoundingBox is stored on secure servers.

Proprietary Rights in Website, App or Prototye Content

SoundingBox is the owner or the licensee of all intellectual property rights in the Website, App or Prototype and all information, content, text, graphics, design, compilation, selection and arrangement of elements, organization, software, and other content that make up the Website, App or Prototype and/or the Study (the "Content"). You acknowledge that certain Content available on the Website, App or Prototype is protected by worldwide copyright laws and treaties, and trademark, patent or other intellectual property rights of SoundingBox or its licensors. Except as expressly provided herein, nothing within the Website, App or Prototype or the Study shall be construed as conferring any license under any of SoundingBox or its clients’ intellectual property rights, whether by estoppel, implication, waiver or otherwise.

Except as otherwise provided herein, you agree that you will not copy, reproduce, alter, reverse engineer, modify, create derivative works, broadcast or publicly display any Content from the Website, App or Prototype without the prior express written permission of SoundingBox.

All trademarks, service marks, and trade names appearing on the Website, App or Prototype are the property of SoundingBox or the respective owners of such marks or names, and are protected by U.S. and international copyright and trademark laws. You agree not to defame or disparage SoundingBox and its trademarks, service marks, and trade names, or any other aspect of the Website, App or Prototype or the Content. Any use of the trademarks, service marks, or trade names appearing throughout the Website, App or Prototype without the express written consent of SoundingBox or the owner of the mark or name, as applicable, is strictly prohibited.

You agree that the compensation you receive for completing the Study from SoundingBox is complete and sufficient consideration for your providing the services and any information or suggestions you provide to SoundingBox or a client therein. If and to the extent that you provide any suggestions, improvements, comments, requests for changes or any other ideas, recommendations or reports during your performance of the Study (hereinafter "Study Results") with respect to any Element or your performance as a participant, you hereby assign and agree to assign any and all rights in and to such Test Results to SoundingBox for no additional consideration.

All rights not expressly granted in these Terms are reserved.

WARRANTY DISCLAIMER

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, SOFTWARE, AND CONTENT IT CONTAINS ARE PROVIDED ON AN "AS IS, AND AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SoundingBox DISCLAIMS ALL WARRANTIES, CONDITIONS, TERMS, REPRESENTATIONS AND UNDERTAKINGS, EXPRESS OR IMPLIED, WHETHER ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY SoundingBox, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. SoundingBox DOES NOT WARRANT THAT THE WEBSITE, SOFTWARE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT SoundingBox) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

SoundingBox MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING (1) THE CURRENCY, CORRECTNESS, COMPLETENESS, RELIABILITY, SUITABILITY, AVAILABILITY, OR OPERATION OF THE WEBSITE. SOFTWARE AND THE CONTENT; (2) YOUR USE OF THE WEBSITE, SOFTWARE AND THE CONTENT; OR (3) ANY THIRD-PARTY PRODUCTS AND SERVICES YOU MAY OBTAIN OR ANY THIRD-PARTY WEBSITE YOU MAY ACCESS THROUGH THE WEBSITE.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SoundingBox, ITS EMPLOYEES, SUPPLIERS OR LICENSORS, OR CLIENTS, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES AND AFFILIATES AND EACH OF THEM BE LIABLE FOR ANY, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, LOST PROFITS, REVENUE, INTEREST OR BUSINESS, WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF OR RELATED TO YOUR OR ANY THIRD PARTY’S CLAIM (INCLUDING, BUT NOT LIMITED TO, RELIANCE ON OR THE USE OF, DELAY IN BEING ABLE TO USE, OR INABILITY TO USE, THE WEBSITE, SOFTWARE OR THE CONTENT IT PROVIDES, OR ANY OTHER HYPERLINKED WEBSITE OR ANY THIRD PARTY PRODUCTS OR SERVICES) REGARDLESS OF LEGAL THEORY, EVEN IF SoundingBox HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY WHICH SoundingBox, ITS EMPLOYEES, ITS SUPPLIERS AND LICENSORS, OR CLIENTS, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES AND AFFILIATES MAY INCUR FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE AMOUNT ACTUALLY PAID TO YOU FOR PROVISION OF THE USABILITY TESTING SERVICES AT ISSUE. THIS LIABILITY CAP WILL APPLY ONLY WHEN AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES LIABILITY DESPITE THE EXCLUSION AND LIMITATION IN THE PRIOR PARAGRAPH.

Indemnity

You agree to indemnify and hold harmless SoundingBox, its employees, suppliers and licensors, and clients, their respective officers, directors, employees, agents, subsidiaries and affiliates, and each of them from any third-party claim, liability, loss, damage, cost or expense (including without limitation reasonable attorney’s fees) arising out of or related to your provision of Studies, your use of the the Website or any Content it contains or Software; your failure to comply with these Terms; your infringement, violation, or misappropriation of any third party rights; or any violation of applicable laws or regulations.

Third Party Beneficiary

SoundingBox’s clients for which you are providing Studies shall be considered third party beneficiaries of these Terms to the extent that any act or omission by you causes any damage or liability to any such client, and such client shall have the right to enforce any provision of these Terms.

Links to Other Internet Sites

You acknowledge, understand and agree that SoundingBox does not have control over any Element for which you provide Usability Testing services or to which the Website may link. SoundingBox will not be responsible or liable, directly or indirectly for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, products or services available on such other websites or software or software prototype.

Changes to the Terms

SoundingBox reserves the right to discontinue Studies at any time or otherwise make changes to the services at any time, without notice, and without liability to you or any third party of any kind.

If SoundingBox changes these Terms, we will provide you with an opportunity to view and agree to any such changes prior to your providing any further Studies. If you do not agree to any such changes to the Terms, you will not be able to provide any further Studies. Further, if you provide any further Studies after you have been provided the opportunity to view and agree to the any such changes, then your provision of Studies shall serve as your indication of agreement to the revised Terms. Any disputes arising under these Terms shall be governed by the Terms in effect at the time the claim or dispute arose. Any changes apply prospectively only to new transactions or activities after the date of the change.

General Terms

You and SoundingBox are independent parties. Nothing in these Terms will be construed to make you an agent, employee, joint venturer, partner or legal representative of SoundingBox.

These Terms constitute the entire agreement between the parties relating to the subject matter herein, and shall completely replace any prior agreements, oral or written, between you and SoundingBox in relation to you acting as a participant for SoundingBox.

You agree that if SoundingBox does not exercise or enforce any legal right or remedy which is contained in these Terms (or which SoundingBox has the benefit of under any applicable law), this will not constitute a formal waiver of SoundingBox rights and those rights or remedies will still be available to SoundingBox.

You may not assign or delegate any rights or obligations under these Terms and any purported assignment or delegation shall be ineffective. SoundingBox may freely assign or delegate all rights and obligations under these Terms, fully or partially.

These terms of use shall be governed by the law of the State of New York, USA. You hereby consent to the jurisdiction of the state and federal courts in New York, USA, for the resolution of any dispute arising out of or related to these Terms.

If any court of law, having jurisdiction over the Website and/or the Studies, rules that any provision of these Terms is invalid, unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the rest of these Terms, which shall continue in full force and effect.

SoundingBox may provide notices to you via postings on the Website, via email or via any other means of communication for which you have provided contact information.

Questions, comments and requests in relation to these Terms should be sent to support@soundingbox.com.