These Terms and Conditions (these "Terms") apply to all MeMo² 's applications and services, including, but not limited to, (1) any MeMo² panel or subpanel (individually a "Panel" and collectively the "Panels"), (2) any Panel website (individually a "Website" and collectively the "Websites"), (3) any MeMo² mobile application(s), (4) participation in any survey or study offered, provided, hosted or administered by or through MeMo² and (5) your eligibility for, and/or redemption of, rewards, incentives and prizes offered for certain actions and activities, including, but not limited to, successfully completing surveys (collectively, the "Applications/Services").
All references in these Terms to "us" or "we" refer to MeMo² B.V. a limited liability company incorporated under the laws of the Netherlands, with its principal place of business at Vondelstraat 35, 1054 GJ Amsterdam, the Netherlands.
MeMo² may in its sole discretion amend, supplement or replace these Terms. The most up-to-date version of the Terms can be found on https://thx.community . If you continue to use the Applications/Services after the Terms have been amended, supplemented or replaced, you irrevocably accept the amended, supplemented or replaced Terms. If you do not agree to the Terms, you must seize using the Applications/Services.
MeMo² provides the opportunity to participate in surveys. Participation in surveys is voluntary. By agreeing to become a Panel member, you agree to receive invitations to participate in surveys. Additionally, MeMo² may provide Panel members with the opportunity to communicate with other Panel members and/or MeMo². You may unsubscribe from Panel membership at any time.
Panel members are solely responsible for the security of their user names and passwords used or issued in connection with the Application/Services and will be solely liable and responsible for any use of their accounts.
Panel members agree to notify MeMo² promptly of any changes in or to the information contained in their member profile. Panel members agree to review and update their membership profiles as necessary but no less frequently than once every six (6) months. A Panel member may update, correct and/or delete information contained in his or her membership profile by: (i) accessing his or her Panel membership account; or (ii) sending an email to the appropriate Panel member services team for the appropriate Panel.
The Applications/Services are for your personal and non-commercial use only. Your limited right to use the Applications/Services is non-transferable and non-sublicensable and is subject to your adherence to these Terms.
The Applications/Services are provided on a strict 'as-is' basis without any warranties of any kind whether express of implied. MeMo² excludes any and all warranties of fitness for purpose and non-infringement. MeMo² does not warrant that the Applications/Services will be available at all times and that the Applications/Services will be uninterrupted or error free.
MeMo² reserves the right to change, modify or eliminate all or any part of the Applications/Services.
You agree to use the Applications/Services in a legal and lawful manner. You agree not to engage in illegal or unlawful behavior in connection with the Applications/Services and you will refrain from, amongst others: (i) using data mining techniques to store or otherwise reproduce data available in connection with the Applications/Services, or to manipulate the results of any survey, prize draw or contest; (ii) sending unsolicited emails; (iii) take any action to interfere with any Website(s) or Application with the purpose to harm the accessibility or functionality thereof; (iv) reverse engineer any aspect of the Applications/Services, except to the extent permitted by applicable law; (v) post or transmit any threatening, libelous, defamatory, obscene, pornographic, lewd, scandalous or inflammatory material or content or any material or content that otherwise violates applicable laws; (vi) engage in any fraudulent activity, including, but not limited to, speeding through surveys, taking the same survey more than once, masking or forging your identity, submitting false information during the registration process, submitting false or untrue survey data, redeeming or attempting to redeem rewards, prizes and/or incentives through false or fraudulent means, and tampering with surveys.
In connection with your use of, access to and/or participation in the Applications/Services, you may have access to confidential and proprietary information, materials, products and content ("Restricted Content") of MeMo², MeMo²'s clients, partners and/or licensors. You agree to protect the confidentiality and secrecy of the Restricted Content.
4. Reward programs
Your participation in Panels and use of the Applications/Services may be rewarded by accumulating THX points. THX points can be accumulated by means of submitting questionnaires, answering profile questions and participation in media research via the Applications/Services. Note that THX points are accumulated on a per device basis only. The default exchange rate will be 200 THX points = 1 EURO
The amount of THX points that can be accumulated may vary.
The list below provides for an indication, but note that the amount of THX points available will vary on a case-by-case basis
You are at all entitled to cancel detections and your participation in which case no points will be accumulated. THX points can be redeemed as follows:
* Apple is not involved in any way with the prize draw.
Either party may terminate your membership and access to the Applications/Services at any time.
In addition, MeMo² may suspend and/or terminate your use of, access to, and/or participation in the Applications/Services if you are in breach or violation of these Terms. MEMO² further reserves the right to de-activate your Panel membership account: (i) if your membership account does not remain Active (as defined hereafter); (ii) if MeMo² receives a hard bounce or delivery failure notice in regards to email communications sent by MeMo² to your email account; and (iii) if MeMo² receives a "mailbox full" reply notice three (3) times in regards to email communications sent by MeMo² to your email account. For the purpose of these Terms, "Active" means that you: (i) participate in a survey at least once every six (6) months; and (ii) update your profile or member information at least once every six (6) months. In the event of deactivation, termination by you or termination by MeMo² (other than for your breach or violation of these Terms), MeMo² shall maintain a record of the posted, unredeemed rewards, incentives and/or prizes and, subject to the applicable minimum redemption thresholds, shall allow you to redeem such rewards, incentives and/or prizes for a period of thirty (30) days following the effective date of termination or deactivation of your account.
These Terms and any rules, terms or policies referenced herein or incorporated herein represent the entire understanding and agreement between MeMo² and you with respect to the subject matter hereof.
You agree to indemnify, defend and hold harmless MeMo² and its parent, affiliated and subsidiary companies and its and their respective members, managers, shareholders, directors, officers, employees and agents from and against any and all claims, liabilities, losses, judgments, awards, fines, penalties and costs and/or expenses of any kind, including, but not limited to, reasonable attorneys' fees and court costs, arising out of, resulting from or caused, either directly or indirectly, by your breach or violation of these Terms
To the maximum extent permitted by applicable law, MeMo² and its parent, affiliated and subsidiary companies disclaim any and all liability of any kind. In the event liability of MeMo² and its parent, affiliated and subsidiary companies cannot be excluded, such liability shall be, to the maximum extent permitted by applicable law, limited to an amount of EUR 100 in the aggregate.
These Terms and your access to, use of or participation in the Applications/Services shall be exclusively governed by and construed in accordance with the laws of the Netherlands. All disputes shall be exclusively referred to the competent court residing in the Netherlands.