Focus Groups Respondents Terms
These Focus Groups Respondents Terms (the “Terms”) governs the relationship between The New Motion B.V. (“NewMotion”, “We”, “Our” or “ Us”) and you (“Respondent”, “You” or “Your”) concerning Your participation of focus groups as described below (“Focus Groups”) that will be conducted by NewMotion on a regular basis.
1. Acknowledgment and acceptance
You acknowledge that you will be awarded with a reward in the form of a voucher code or as otherwise communicated to You (the “Reward”) for taking part in each Focus Group as determined by NewMotion. If you do not finish the full Focus Group process for whatever reason or if You do not participate properly in the Focus Group (at NewMotion’s sole discretion), NewMotion has the right to decline to provide any Reward to you.
3. Modification to services provided
NewMotion reserves the right from time to time to modify, suspend, or discontinue, temporarily or permanently, a Focus Group or any part thereof, including where a Reward has been offered. Respondent acknowledges and agrees that NewMotion may further modify, delete or amend these Terms from time to time. In either event, NewMotion will notify Respondent of any modification, deletion or amendment on the Website, by email or otherwise. If Respondent does not accept the modification, deletion or amendment, Respondent must terminate Respondent's participation at that time. Any and all acceptance on participating on a Focus Group by Respondent after the notice is posted shall be deemed to be acceptance of the modification, deletion or amendment (as well as all other terms and conditions) to these Terms.
4. Intellectual proprietary rights
NewMotion (or its licensors) reserves its intellectual property rights to the content, including the graphics, names, text, software, music, videos, sound, pictures, compilations, survey templates, surveys, Focus Group process, page layout, design, processes, procedures, magnetic translation, digital conversion or other material concerning the Focus Group process. As part of Your participation in Focus Groups, You may provide certain content to NewMotion, such as but not limited to text, sound, images, video or any other material (the “Respondent Content”). You understand and accept that Your participation in Focus Groups may be audio and video recorded, which will become part of the Respondent Content. NewMotion shall own and retain all right, title, intellectual property rights and interest in and to all the Respondent Content. You assign to NewMotion all rights You may have in all Respondent Content, including all intellectual property rights in it. You acknowledge that You won’t retain any moral rights in Respondent Content.
The Respondent Content will primarily be used within NewMotion’s own systems (intranet, company network etc), in which case You will not receive notification of this. However, you understand and accept that NewMotion may also use the Respondent Content on public systems (including its publicly available website), in which case NewMotion will either fully anonymize your personal data or request Your prior consent for such use.
You understand and accept that NewMotion does not accept liability for any damage that may arise in respect of Your participation to the Focus Groups or acceptance or use of Your Reward.
In any event, NewMotion’s aggregate liability for damage in respect of Your participation in a Focus Group will not exceed the amount of the monetary value of the Reward We agreed to provide to You for your participation in that Focus Group. This limitation of liability does not apply if the damage is a result of willful misconduct or gross negligence of NewMotion.
6. Applicable Law
These Terms are governed by Dutch law and shall be subject to the exclusive jurisdiction of the court of Amsterdam, the Netherlands.
By submitting this form and clicking on “I agree” You accept and agree to these Terms. You also agree to receive email and/or phone communication from Us in relation to Focus Groups. Respondent hereby acknowledges and warrants that Respondent is 18 years of age or older.