This is the Member Agreement of RAKUTEN INSIGHT SURVEYS, a market research panel owned by Rakuten Insight Global, Inc. ("Rakuten Insight", "we", "us", "our"). We request all Members read this Member Agreement carefully before they join.
By registering as a Member of RAKUTEN INSIGHT SURVEYS, you agree to and accept all of the terms and conditions set forth below.
1. General Rules
- The objective of these rules ("Member Agreement") is to stipulate the rights and obligations in the relationship between Rakuten Insight Global, Inc. ("Rakuten Insight") and the member who has been authorized by Rakuten Insight as a registered online survey respondent ("the Member") in accordance with the provisions set forth in Section 2 hereof, with respect to the business ("Business") conducted by Rakuten Insight.
- The Business is conducted by Rakuten Insight or a third party client ("Client(s)") for the purpose of providing to third parties, such as companies and organizations, with consumer opinions and activities through data collected in a webpage created for market research surveys ("Surveys") on Rakuten Insight’s website ("Website") or any other websites operated by a Client ("Client Website"). Each Member may respond to the given Surveys, and the information collected is aggregated and analyzed by Rakuten Insight or its Client (collectively the "Rakuten Insight Services").
- Rakuten Insight reserves the right to amend or modify this Member Agreement and any rules and regulations contained therein at any time. Except in the case of amendments or modifications required by law (which shall be immediately effective without the need for a consent on the part of the Member) Rakuten Insight will give reasonable prior notice ("Notice Period") of any such amendment and/or Modification ("Modification") [by email/by notice on its website] and such Modification shall come into effect on the day set out in the notice.
- If the Member does not agree to the Modification of the Member Agreement, the Member should not continue to use the Rakuten Insight Services. Such Member shall terminate the Member Agreement by email during the Notice Period.
2. Member Eligibility
- Members must be sixteen (16) years or older, be a resident of the United States of America, and have completed the full registration process, and be accepted as a Member by Rakuten Insight.
- If Rakuten Insight reasonably determines that the Member does not comply with the terms of the Member Agreement or it is inappropriate to accept an individual as a Member, Rakuten Insight may cancel or terminate the Member registration at any time.
- If the Member does not participate in surveys for any extended period of time (as determined by Rakuten Insight), Rakuten Insight may cease inviting the Member to participate in surveys.
3. Management of E-mail Address and Password
- After Member registration, the Member is required to use their designated e-mail address and password in order to participate in any Survey.
- The Member shall assume full responsibility for the management, use and confidentiality of the e-mail address and password, issued to the registered Member.
- The Member shall not be allowed to assign, lend, or disclose his/her designated ID or password to any third party.
- Rakuten Insight shall assume no responsibility for any damage associated with the Member's negligence in the use of the e-mail address and password, or that by a third party.
- During the course of membership, information including, but not limited to, personal information and responses to Surveys shall be provided by the Member to Rakuten Insight ("Data").
- If copyright or any other intellectual property rights subsists in any of the Data, to the largest extent permitted by the applicable laws, the Member hereby assigns to Rakuten Insight all such copyright (including the right to reproduce on any media, including print and digital media, and to represent by any means, including electronic communications networks, the Data) and other intellectual property rights for the Data to Rakuten Insight with full title guarantee. Rakuten Insight may freely select, modify and edit the contents of the Data. The Member shall not exercise personal rights related to the said copyright against Rakuten Insight or any third party and to the extent permitted by applicable law shall waive or procure the waiver of all moral rights in the Data.
- The Member shall not at any time knowingly provide any false Data or other information to Rakuten Insight.
- In order to maintain the accuracy and quality of the Data, Rakuten Insight may contact the Member via telephone, mail, e-mail and/or other means of communication as provided by the Member to Rakuten Insight, to confirm the Member’s identity and/or the accuracy of the Data, and the Member consents to so being contacted.
5. Prohibited Acts
The Member agrees to only use our Services for lawful purposes and is prohibited from any act that:
- violates any applicable laws, regulations or ordinances or promotes the violation of applicable law;
- harasses, offends, causes nuisance or targets persons of a particular race, religion or gender;
- infringes the copyright or any other intellectual property rights of Rakuten Insight, other Members or third parties;
- defames other Members or a third party;
- places other Members or a third party at a disadvantage;
- constitutes an election campaign or similar act, or act that infringes the Public Office Election Law or other applicable law;
- disturbs or disrupts the operations of Rakuten Insight or its Website;
- results in providing false registration or fraudulent or misleading Data to Rakuten Insight;
- results in duplicate membership registrations for and/or by the same person;
- results in registration in which an individual falsifies his/her identity;
- discloses or divulges the contents of a Survey to a third party (including publication on a bulletin board or website) without the express written consent of Rakuten Insight or its Clients;
- illegally uses his/her e-mail address or password;
- illegally uses the Website for profit;
- is determined to be inappropriate by Rakuten Insight.
6. Method of Communication between Member and Rakuten Insight
- The Member shall use the latest e-mail address which has been provided to Rakuten Insight when sending and receiving e-mails to and from Rakuten Insight.
- The Member shall reply to any e-mails or other communications from Rakuten Insight in the manner specified by Rakuten Insight.
- Rakuten Insight shall not be liable to the Member or any third party for any loss or damage caused by:
- the non-delivery/receipt of any correspondence, whether by e-mail, post or any other form of communication to and from Rakuten Insight;
- the Member communicating with Rakuten Insight in the manner not specified by Rakuten Insight; or
- the contents written in any communications sent by the Member.
7. Rewards for Responses
- As a reward for responding to a Survey, Rakuten Insight may provide the Member with points (hereinafter referred to as "Points") that may be redeemed for a free gift. The amount of Points a Member can earn varies by Survey and is to be determined solely by Rakuten Insight.
- Rakuten Insight shall decide on the free gift specified in Paragraph 1 of this Section 7, and reserves the right to replace the free gift with another without prior notice. Rakuten Insight will also determine the method of the provision of the free gift and the specific promotional period in which the free gift is available for each Survey and will notify the Member of the same.
- If the Member who has been awarded Points withdraws his / her membership in accordance with the provisions set forth in Section 8 hereof, the Points already given to the said Member shall be forfeited, unless Rakuten Insight specifies otherwise. Additionally, if the membership of the Member is terminated in accordance with the provisions set forth in Section 9 hereof, any and all Points already acquired by the said Member shall be forfeited.
- Rakuten Insight will send the free gift obtained in exchange for Points to the Member’s physical address, e-mail address or to the Member’s account at a third party’s settlement service (e.g., PayPal) that the Member has registered with Rakuten Insight. If the free gift is not delivered due to a flaw or mistake in the registration information, Rakuten Insight shall not resend or reissue the free gift nor will the Member’s Points be replaced.
- If a free gift has not been delivered to a Member within a reasonable time from the date of request for redemption of Points ("Request") the Member shall notify Rakuten Insight at https://member.insight.rakuten.us/help/inquiry. In such a case that the Member does not notify Rakuten Insight of the non-delivery of a free gift within ninety (90) days from the Request, Rakuten Insight shall not be liable for such non-delivery, even if there is no flaw or mistake in the registered information of the Member.
- Rakuten Insight also shall not be liable for any transaction failures that are the result of incorrect or inaccurate registered account information or address that is required for providing the free gift.
- Rakuten Insight reserves the right to cancel/forfeit Points if we have reason to believe that Data provided by the Member is false or inaccurate, or if the Member commits any other prohibited act(s) described in Section 5 above.
- Rakuten Insight reserves the right to cancel/forfeit Points if the Member does not sign in for a period of 365 days or more.
8. Membership Withdrawal
- The Member may withdraw from membership by giving notice to Rakuten Insight in accordance with the procedures prescribed by Rakuten Insight. The membership is deemed to be withdrawn once Rakuten Insight completes the process of the withdrawal of membership.
- If the accumulated amount of Points reaches the specified redeemable amount at the time of withdrawal, the Member shall redeem such Points before withdrawal. If such redemption is not completed, the said Points will be deemed to be forfeited, and Rakuten Insight shall not conduct any process such as a request for exchange, inquiries, etc. after the withdrawal.
9. Termination of Membership
- Rakuten Insight may terminate the Member's membership, with or without the Member's consent, if the Member is involved in any of these events:
- breaching the prohibited matters set forth in Section 5 hereof;
- breaching any of the provisions set forth in this Member Agreement.
- In the event of termination of membership under this Section 9, Rakuten Insight will provide a notice of termination. Once the Member's membership is terminated, the Member will no longer be entitled to any benefits conferred by this Member Agreement.
10. Personal Data
- When responding to a survey on the Website operated by a Client, Rakuten Insight shall not be liable for any loss or damage caused to the Member by the Member himself / herself transmitting personal information to the Client Website.
11. Suspension or Discontinuation of Business
Rakuten Insight may, at its sole discretion, and at any time, temporarily suspend or permanently discontinue the Business without notice to the Member. Rakuten Insight assumes no responsibility for any loss or damage caused to the Member by the suspension and discontinuation of Business of Rakuten Insight.
For the purposes of this Section 12, the Member and Rakuten Insight shall be referred to as each a "Party" and collectively, the "Parties".
- Exercise of Rights
A Party may exercise a right, power or remedy at its discretion, and separately or concurrently with another right, power or remedy. A single or partial exercise of a right, power or remedy by a Party does not prevent a further exercise of that or of any other right, power or remedy. Failure by a Party to exercise or delay in exercising a right, power or remedy does not prevent its exercise.
If any one or more of the provisions or part thereof contained in this Member Agreement should be or become invalid or unenforceable due to any reason or reasons, this will not in any way affect or impair the validity or enforceability of the remaining provisions hereof.
- Remedies Cumulative
The rights, powers and remedies provided in this Member Agreement are cumulative with and not exclusive of the rights, powers or remedies provided by law independently of this Member Agreement.
- Further Assurances
Each Party agrees, at its own expense, on the request of the other Party, to do everything reasonably necessary to give effect to this Agreement and the transactions contemplated by it (including the execution of documents) and to use all reasonable endeavors to cause relevant third Parties to do likewise.
- Binding Effect
This Member Agreement shall bind and ensure for the benefit of the Parties and their respective permitted assigns, personal representatives and successors in title.
- Governing Law and Jurisdiction
This Member Agreement and the transaction contemplated by this Member Agreement are governed by the law in force in Japan. However, this choice of law does not preclude the Members of the enjoyment of the mandatory rights of their own jurisdiction that may apply.
Subject to any applicable Mandatory rights of the Members, each Party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the Tokyo District Court of Japan for determining any dispute concerning this Member Agreement or the transactions contemplated by this Member Agreement. Each Party waives any right it may have to object to an action being brought in those courts, to claim that those courts do not have jurisdiction.
Nothing in this Member Agreement limits or excludes liability for personal injury or death caused by negligence for fraud or fraudulent misrepresentation or where limitation or exclusion is not permitted by law.