Article 1. General provisions
1. These Terms of Use constitute a contractual relationship between Minedia, Inc. (“Company” hereinafter) and those who have registered with the Company as Consumer Testers in accordance with Article 2 (“Consumer Testers” hereinafter) in connection with research, questionnaire-based surveys, and other services (“Services” hereinafter) conducted for the Company or the Company’s Clients (“Clients” hereinafter).
2. These Terms shall apply to all questionnaires and other survey requests conducted by the Company vis-a-vis Consumer Testers. They do not constitute a guarantee by the Company that Consumer Testers will be selected as subjects of surveys or grant to Consumer Testers the right to be chosen as subjects of surveys.
3. In addition to these Terms, the Company may establish terms that apply to individual services (“individual terms” hereinafter). In addition to these Terms and the individual terms, Consumer Testers shall comply with the conditions, rules, etc. of which the Company notifies Consumer Testers separately or posted to this website (“Rules” hereinafter).
4. The Company may amend these Terms, the individual terms, and the Rules at its discretion without obtaining the prior consent of Consumer Testers. When amended Terms have been posted to the website, the amended individual terms and Rules shall take effect with regard to Consumer Testers as soon as they have been notified to Consumer Testers or posted to the website, whichever comes first. Consumer testers hereby acknowledge that their continued use of the Services after such amendments have taken effect shall be deemed to constitute their consent to such amendments.
5. In the event that the provisions of the individual terms for any individual service differ from those of these Terms, the provisions of the individual terms shall take precedence.
6. Consumer testers shall be deemed to have consented to these Terms upon their completion of registration procedures as prospective Consumer Testers and the completion thereafter of the Company’s approval of their registration as Consumer Testers.
7. Registration information and other personal information (Personal Information as defined in Paragraph 1, Article 2 of the Law Concerning the Protection of Personal Information; the same shall apply hereinafter) obtained by the Company in connection with the Services shall be managed appropriately in accordance with the Privacy Policy established separately by the Company (“Privacy Policy” hereinafter), and Consumer Testers shall be deemed to have consented to the Privacy Policy.
Article 2. Eligibility as Consumer Testers
1. Consumer testers shall consist of persons who have applied to use the Service through the Company’s designated registration method, after consenting to these Terms and the Privacy Policy, and whose applications have been approved by the Company. Prospective Consumer Testers who meet any of the descriptions below may not register as Consumer Testers.
a. Persons less than six years of age
b. Persons attempting to register as Consumer Testers using an email address already registered as that of a Consumer Tester
c. Persons attempting to register as Consumer Testers who are or have been employed at companies providing services similar to the Services or in professions related to marketing or similar businesses, or who are family members of persons who are or have been employed at such companies or in such professions
d. Persons for whom the Company has determined that all or part of the information provided to the Company in registration procedures is false, in error, or incomplete
e. Persons whom the Company has determined qualify as antisocial forces (hereinafter this refers to those involved in organized crime, members of organized crime, rightist organizations, antisocial forces, and other similar parties) or interact or are involved in organized crime through provision of funds or other means
f. Persons whom the Company has determined have violated the terms of a contract with the Company in the past or are related to parties who have done so
g. Other persons whom the Company has determined are unfit for registration
2. If a Consumer Tester meets any of the descriptions enumerated in the previous paragraph, the Company may cancel the registration of or disqualify the Consumer Tester even after such registration is complete.
3. If a prospective Consumer Tester is less than 20 years of age, an adult ward, under a curatorship, or under assistance, he or she may register as a Consumer Tester only with the consent of his or her legal guardian or other legal representative.
Article 3. Method of registration as a Consumer Tester
1. Procedures for registration of Consumer Testers shall be conducted by prospective Consumer Testers themselves. No registration by proxy shall be accepted.
2. Prospective Consumer Testers shall register as Consumer Testers by entering the necessary information as specified by the Company on the Company’s designated Sign-Up Form, after consenting to these Terms and Privacy Policy. The Company shall award to applicants whose registration it has approved Consumer Tester accounts enabling them to use the Services as Consumer Testers.
3. Consumer testers must not provide any false information under any of the items of registration information they provide when applying for registration as Consumer Testers.
4. A single Consumer Tester may not obtain more than one Consumer Tester account.
Article 4. Responsibility for management of Consumer Testers’ accounts and registration information
1. Consumer testers shall use Consumer Tester accounts granted to them by the Company in accordance with the preceding article when participating in questionnaire surveys and other surveys.
2. All Consumer Testers shall themselves bear responsibility for management and use of the Consumer Tester accounts granted to them by the Company when they registered.
3. Consumer testers may not provide Consumer Tester accounts granted to them by the Company to any third parties, whether through transfer, lending, changing of the name on the account, sale, or any other means. Any and all acts conducted using a Consumer Tester account shall be considered to be the acts of the Consumer Tester that owned that Consumer Tester account, and said Consumer Tester shall bear any and all liability for related acts and the results thereof.
4. Consumer testers shall manage and retain registration information under their own responsibility. Consumer testers shall be responsible for management and use of passwords and other information registered under these Terms and must not harm the Company in any way. Consumer testers shall bear any and all liability regarding use of the service using their passwords, and they shall bear any and all liability for any damages arising as a result of use of their passwords, including impersonation. Consumer testers shall pay any and all liabilities arising due to damages or payment obligations to the Company itself, other Consumer Testers, or third parties as a result.
5. The Company shall not bear any liabilities for any damages arising in connection with third-party use of Consumer Testers’ accounts due to the Consumer Testers’ failure to manage their accounts and registration information fully, mistaken use, theft, or similar causes, regardless of whether or not such use was due to reasons for which the Consumer Testers should be held responsible or of the cause thereof.
Article 5. Revision procedures for registered information
1. Consumer testers shall notify the Company promptly in the event of any change in their addresses, telephone numbers, or other registered information.
2. Consumer testers shall complete procedures to update information within the period specified by the Company when the Company periodically updates information that has been registered by Consumer Testers. If they fail to complete such updating procedures within the specified period, the Company shall invalidate points issued to such Consumer Testers immediately.
Article 6. Acts prohibited for Consumer Testers
1. In use of the Services, Consumer Testers must not engage in acts that meet, or could meet, any of the descriptions below:
a. Acts in violation of public order and decency
b. Acts in violation of laws, ordinances, or other legal or regulatory provisions
c. Acts that infringe on the copyrights, rights of likeness, privacy, trust, property, etc. of the Company, other Consumer Testers, or third parties (Including activities posted to SNS, blogs, etc.)
d. Acts of libel or slander of the Company, other Consumer Testers, or third parties
e. Acts disadvantageous to the Company, other Consumer Testers, or third parties
f. Acts that impede operation of the Services
g. Acts of registering or responding to surveys with false information or information counter to the facts
h. Commercial acts, or acts that could have a commercial nature, conducted within the Services without the Company’s approval
i. Acts of registration by a single party as multiple Consumer Testers or registration impersonating another
j. Acts of improper use of a Consumer Tester’s account
k. Acts of responding improperly to surveys
l. Acts in violation of the nondisclosure obligations stipulated in Article 7
m. Acts of registering or using services that compete with or are similar to the Services
n. Acts involving any interaction or involvement with antisocial forces through provision of funds of other means
o. Any other acts determined by the Company to be inappropriate
2. This Clause shall remain in force after the completion of the withdrawal procedure under Clause 11 or after the suspension or deletion of the monitoring qualification under Clause 12.
Article 7. Nondisclosure obligations of Consumer Testers
1. Consumer testers shall maintain the confidentiality of any and all information learned through the Services and shall not disclose or leak it to any third parties, regardless of whether or not they have responded to the survey involved.
2. As used in the preceding paragraph, “any and all information learned through the Services” includes information learned through the content of survey questions or other means as well as textual files, image files, video files, and all other information used on the website. In addition, the nondisclosure obligations of the preceding paragraph include, but are not limited to, the obligation of Consumer Testers not to disclose or leak such information to any parties besides the Company and the Consumer Testers themselves through any means or method, the obligation not to use or reuse such information for any purpose other than responding to the surveys, and the obligation not to reveal or provide to any party other than the Company and Consumer Testers the content of responses to the surveys.
3. If the Company or a third party has suffered damages as a result of a Consumer Tester having violated the nondisclosure obligations described in the preceding two paragraphs, the Company may invalidate the Consumer Tester’s rights related to provision of points, rewards, etc. and demand compensation for damages from the Consumer Tester.
4. The nondisclosure obligations of Consumer Testers established in this Article shall not be cancelled even after completion of the withdrawal procedures described in Article 11 of the suppression or cancellation of eligibility as Consumer Testers described in Article 12.
Article 8. Sending and receiving email
1. When sending and receiving email to and from the Company, Consumer Testers shall do so using the same email address that they have provided in their registration information as Consumer Testers.
2. The Company shall not be liable for any disadvantages or damages suffered by Consumer Testers as a result of sending or receiving email using an email address that differs from that in the content of registration information.
3. When responding to email from the Company, Consumer Testers shall do so through methods specified separately by the Company.
4. The Company shall not be liable for any disadvantages or damages suffered by Consumer Testers as a result of responding through a method that differs from that specified by the Company.
5. The Company shall not be liable for the content of email messages or interview chats communicated by Consumer Testers.
6. The Company shall not be liable for any disadvantages or damages suffered by Consumer Testers as a result of cases such as delay or failed delivery of emails sent from the Company to Consumer Testers or from Consumer Testers to the Company.
7. If delivery of email messages sent from the Company to Consumer Testers continues to fail over a period of time, the Company may, without the consent of the Consumer Testers, temporarily suspend sending of emails to them or disqualify them as Consumer Testers.
8. Since the content of email messages sent from the Company to Consumer Testers is intended solely for those Consumer Testers, the latter must not engage in acts such as forwarding such messages to other parties or releasing them to the general public.
Article 9. Compensation for cooperation in surveys
1. As compensation for responding to questionnaire surveys and other cooperation in surveys and requests from the Company or partner companies, the Company may award to Consumer Testers Company-specified points that may be exchanged for rewards or provide rewards through random selection or other means.
2. Types of compensation as described in the preceding paragraph, methods of providing it, and periods in which they are provided shall be established by the Company in accordance with the content of each survey.
3. When a Consumer Tester who possesses points that may be exchanged for rewards withdraws pursuant to Article 11, the points already earned by the Consumer Tester shall be cancelled upon the completion of his or her withdrawal, unless settlement is conducted for such points through a method established by the Company specifically for that purpose. In addition, when a Consumer Tester has had his or her eligibility as a Consumer Tester cancelled pursuant to Article 12, he or she shall be disqualified as a Consumer Tester and any and all points that he or she has earned shall be cancelled.
4. The Company shall randomly select winners of prizes through methods it establishes separately and calculate points through calculation methods it establishes separately.
5. Points shall be valid only for the Consumer Tester to whom they were issued, and transfer or sale of points to third parties or totaling of points among multiple login IDs shall not be permitted.
6. Rewards shall be sent only to the current addresses of Consumer Testers registered with the Company. The Company shall not bear any liability and shall not resent rewards in the event that prizes are undelivered due to deficiencies in the registration information of Consumer Testers. Points exchanged for rewards shall be invalidated in such a case.
7. Consumer testers shall notify the Company if a reward has not been delivered within 60 days after notice has been received from the Company of completion of receipt of the points exchanged for the reward. The Company shall not be liable for undelivered rewards for which 120 days or more have passed since the issue of such notice, regardless of whether or not there is any deficiency in the Consumer Tester’s registration information.
8. The Company shall not be liable if it is unable to convert points to cash through transfer to a Consumer Tester’s designated bank account due to a deficiency in the Consumer Tester’s registration information.
9. Conversion of points earned by Consumer Testers to cash shall be handled in accordance with the guide established separately by the Company. 10. All remuneration and other remuneration granted by us to the Monitor in connection with the Services are set forth in this Section, and Monitor shall not be entitled to any remuneration or other remuneration for cooperation in investigation or services, for the provision or use of information or any other remuneration to us, except as provided in this Section.
Article 10. Possession of rights
1. The copyright and all other rights relating to all information delivered by Minedia,Inc. to Consumer Testers are owned by Minedia, Inc., Clients, or other businesses, and the provision of such information does not entitle Consumer Testers to such rights. Consumer Testers must not use such information without the permission of Minedia, Inc.
2. Consumer Testers must transfer to Minedia, Inc. any and all copyrights and other rights (including the rights set forth in Articles 27 and 28 of the Copyright Act) to all information on the questionnaire survey and the interview survey that Consumer Testers have answered to Minedia,Inc. under the Services (hereinafter referred to as the "Response Information"), and Minedia, Inc. may select, modify and edit the Response Information at its sole discretion. Consumer Testers shall not exercise the moral rights of authors with respect to such copyright against Minedia, Inc. and third parties.
3. Minedia, Inc., Clients, or anyone designated by them, shall be entitled to use the Response Information, or disclose or provide the Response Information to a third party with the Monitor's agreement to the privacy policy. 4. In addition to the answer information, the Monitor shall assign to us copyrights and all other rights (including the rights of Sections 27 and 28 of the Copyright Law) to the information provided by the Monitor to us in connection with the Services and the information obtained by us from the Monitor (hereinafter referred to as "Acquired Information"), and we may freely choose, modify, edit or otherwise use the Acquired Information. Monitor shall not exercise the moral rights of the copyright to us and third parties. We may also disclose and provide the acquired information (including those selected, modified or edited by us) to third parties with the Monitor's agreement to the privacy policy. When personal information is included in the acquired information, we shall handle such information in accordance with laws and regulations and the privacy policy. 5. We shall be entitled to disclose and provide to our clients, partners, etc. any video files or any other information during the interview, including personal information with the Monitor's agreement to the privacy policy, if the monitor responds to the interview based on the Services. 6. This Clause shall remain in force after the completion of the withdrawal procedure under Clause 11 or after the suspension or deletion of the monitoring qualification under Clause 12.
Article 11. Withdrawal
1. Consumer testers who wish to withdraw shall do so through the procedures specified by the Company. Such withdrawal shall take effect upon the completion by the Consumer Testers of the withdrawal procedures.
2. Consumer testers who withdraw shall forfeit all points in their possession at the time of withdrawal and any and all rights related to the Services and shall not have the right to demand any compensation from the Company.
3. The company keep registration information and other personal information for recovery of consumer tester's registration status and response to the inquiry after consumer testers withdraw. When consumer testers want to erase their information, request the company by following the procedure mentioned in "Requests for release etc. of retained personal information" of Privacy Policy.
Article 12. Suspension and cancellation of eligibility as Consumer Testers
1. If any of the descriptions below applies to a Consumer Tester, the Company may, without obtaining his or her prior consent, suspend the distribution of questionnaires and other materials to him or her or suspend or cancel his or her eligibility as a Consumer Tester:
a. It has been discovered that he or she has violated any of the provisions enumerated under Article 2, Paragraph 1
b. He or she has violated the prohibitions under Article 6
c. He or she has violated any other provisions of these Terms, the individual terms, or the Rules other than those enumerated above
d. The Company has determined that he or she has acted in a way that does, or could, constitute an impropriety such as providing improper or inconsistent responses to a survey, duplicate registration, or registering through impersonation
e. The Consumer Tester has not used his or her page or participated in a survey over a long period of time and has not responded in a reasonable period of time to communications from the Company concerning matters such as whether or not he or she desires to continue participating in surveys
f. Other cases in which the Company has determined that it would be appropriate to suspend the distribution of questionnaires or suspend or cancel eligibility as a Consumer Tester
2. When the Company has suspended the distribution of questionnaires or suspended or cancelled eligibility as a Consumer Tester, it also may suspend or cancel all rights possessed by the Consumer Tester with regard to the Services. Consumer testers hereby acknowledge that in such a case, the Company shall be under no obligation to notify the Consumer Tester of such suspension of the distribution of questionnaires or suspension or cancellation of eligibility as a Consumer Tester and shall be under no obligation to respond to inquiries regarding such measures from said Consumer Tester, including the explanation of reasons for such measures.
Article 13. Responsibilities
1. In the Services, when requesting Consumer Testers to conduct a questionnaire survey using samples (such as sample tasting and trial use), Consumer Testers shall handle the samples in accordance with the method, period, etc. designated by Minedia,Inc. In the event Consumer Testers suffer any disadvantage or damage whatsoever due to handling of such samples in violation of the method, period, etc. designated by Minedia, Inc., Minedia, Inc. shall not be liable for such disadvantage or damage in any way.
2. Minedia, Inc. shall not be liable for any and all damages or disadvantages whatsoever caused to Consumer Testers in connection with the use of the Services, whatever the cause thereof, except as a result of a willful misconduct or gross negligence of Minedia, Inc. However, in the event of our negligence (other than gross negligence), we shall be liable to compensate for any damages caused to such monitor up to the amount of remuneration granted to the monitor.
3. Consumer Testers agree in advance that the information provided by Minedia, Inc. is not necessarily useful or desired information for the Consumer Testers.
4. Minedia, Inc. shall not be liable for any damage whatsoever caused to Consumer Testers due to the interruption, delay, discontinuation of the Research Service, loss of data, unauthorized access to data, etc. due to failures of communication lines, computer or the like, etc., except for cases caused by our intention or gross negligence. However, in the event of our negligence (other than gross negligence), we shall be liable to compensate for any damages caused to such monitor up to the amount of remuneration granted to the monitor.
5. In the event a Consumer Testers violate the Terms, the Individual Terms, or the Regulations and causes damage to Minedia, Inc. or any third party, Minedia, Inc. may nullify such Consumer Tester’s right to all points or the right to receive prizes, and shall be entitled to claim for damages against such Consumer Testers.
6. Consumer Testers warrant that the information that Consumer Testers provide to Minedia, Inc. through the Services, including information on the accounts of Consumer Testers and the results of questionnaire surveys, does not violate any laws, regulations, agreements, etc. and Minedia, Inc. shall not be liable for any trouble that may arise between Consumer Testers and any third party (including companies and individuals) with respect to such information. In addition, in the event there is any claim from a third party to Minedia, Inc. with respect to such information, Consumer Testers shall resolve such claim at its own responsibility and pay the amount claimed. 7. This Clause shall remain in force after the completion of the withdrawal procedure under Clause 11 or after the suspension or deletion of the monitoring qualification under Clause 12.
Article 14. Modification, interruption, suspension, cancellation, etc. of the Services
1. At any time, the Company may modify the content of the Services or these Terms at its own discretion without any prior notice, whether or not testers consent to. Consumer testers shall be deemed to have consented to such modifications. In addition, the Company may interrupt, suspend, or cancel the Services, in whole or in part, without any prior notice.
2. The Company shall not be liable for any disadvantages or damages suffered by Consumer Testers due to the modification, interruption, suspension, or cancellation of the services described in the preceding paragraph.
3. Consumer testers shall consent to receiving email advertising from the Company concerning new services that the Company plans to offer.
Article 15. Facilities etc.
Consumer testers shall prepare at their own cost the telecommunications devices and all other devices they need to use the Services. They shall use such devices to connect to the servers on which the Services are located by using electronic telecommunications services at their own cost. In doing so, Consumer Testers shall complete any necessary procedures at their own cost and responsibility.
Article 16. Designation of the scope of provision of the Services
1. The Company may, pursuant to these Terms, set or revise restrictions on the scopes of Service provided to each Consumer Tester.
2. When a Consumer Tester uses the Services to access services provided by another company, the Company shall not be liable for any problems arising between such Consumer Tester and the providers of other services, members of other services, or any other third parties. The Consumer Testers shall pay compensation for any damages suffered by the Company or any third parties as a result of use of such services.
Article 17. Governing law and exclusive agreed court with jurisdiction
These Terms shall be governed by the laws of Japan. The exclusive agreed court with jurisdiction for any disputes between the Company and Consumer Testers regarding these Terms shall be the court of law with jurisdiction over the location of the Company’s head office.
Revised : March, 18, 2020
Revised : February, 20, 2020
Revised : April, 26, 2019
Revised : March, 13, 2019
Revised : October, 16, 2018
Established: January, 31, 2018