Desireinsight

Agreement between User and DesireInsight

The DesireInsight Website is comprised of various Web pages operated by DesireInsight Community – comprised of DesireInsight affiliates and associates for ease of access as well as building awareness in terms of the DesireInsight Community outreach and extent of their operations

The DesireInsight Community Website is offered to the User conditioned on their express acceptance without modification of the terms, conditions, and notices contained herein. The use of the DesireInsight Website as well as the affiliate DesireInsight Community Website links, constitutes the Users agreement to all such terms, conditions, and notices.

The User shall remain bound by its express acceptance of the terms of usage and shall not be entitled to withdraw such consent at a later date, except in exceptional circumstance as set out herein above and the same shall also be subject to further DesireInsight scrutiny and approval.

Modification of these terms of use

DesireInsight reserves the right to change the terms, conditions, and notices under which the DesireInsight Website as well as DesireInsight Community Website links are offered, including but not limited to the charges associated with the use of the DesireInsight Community Website.

The User is advised to keep vigil on change in policies that may be notified from time-time by DesireInsight on their Website.

Links to third party sites

The DesireInsight Website may contain links to other Web Sites (Linked Sites). The User by making a reasoned decision to participate in and utilize the services offered by the DesireInsight Website also acknowledges that the Linked Sites and other shared DesireInsight Community Websites content is not under the control of DesireInsight and therefore DesireInsight is neither liable nor responsible for the contents of any such Linked Site, including without limitation any further link or data contained or set out on a Linked Site, or for any changes or upgrades to such Linked Site. DesireInsight also cannot be held accountable for webcasting or any other form of transmission received from any Linked Site. It is understood by the User that DesireInsight is providing links and access to its Website as well as affiliate Websites only as a convenience, and the inclusion of any link does not imply endorsement by DesireInsight of the site or any association with its operators.

No unlawful or prohibited use

As a primary condition of Users access and usage of the DesireInsight, the User warrants to DesireInsight that it will not use the DesireInsight Website for any purpose that is unlawful or prohibited by the terms and conditions set out herein. The User undertakes further that it shall not use the DesireInsight Website in any manner which is likely to cause damage, disable, overburden, or impair DesireInsight’s Website or interfere with any other third Party's use and enjoyment of the DesireInsight Website. The User shall also not use the DesireInsight Website, intentionally to obtain or attempt to obtain any prohibited or undisclosed materials or information, whose disclosure has been expressly withheld by DesireInsight.

Use of communication services

In order to promote User interaction the DesireInsight Website may provide communication tool options such as - bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable the User to interact with the public at large or with a specific group (collectively, Communication Services).The User therefore, agrees to use such social and public outreach Communication Services only for the purpose of posting, sending and receiving messages and material that are proper and related to the particular Communication Service. By way of illustration, and not as a limitation, the User agrees that while using a Communication Service, it shall not: Defame, duplicate, modify, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others. The User shall neither publish, post, upload, distribute or disseminate any inappropriate, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information, through the use of the communication tools offered by DesireInsight Website. The User shall also be required to refrain from uploading files and/or data or content that contains software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless the User controls the intellectual property rights thereto or has received all necessary legal waivers and/or consents. The User shall additionally, neither upload nor publish any electronic files that contain viruses or any other similar software or programs likely to damage any other operating system. The User cannot use the DesireInsight Website as a platform for advertising or promoting sale and/or purchase of any goods/products/ services to secure the ends of any business purpose.. It is clarified to the User that apart from DesireInsight no other entity and/or user, even can conduct or hold or circulate any surveys amongst other users or carry out research study by forwarding surveys, contests, pyramid schemes or chain letters. The User is further prohibited from downloading any content posted by another user through the use of the Communication Service tools provided, where such User knows, or reasonably should know, that such content cannot be legally distributed in such manner. The User must also exercise due caution and care in terms of not attempting to falsify, fabricate or delete any author attributions, legal or other proper notices or proprietary designations or certifications or licenses or labels of the origin or source of software or other material contained in a file that is uploaded. The User’s access to DesireInsight Website is subject to the User not creating or participating in creating any hurdles or impediment for other users who are also using the same platform. The User is required not to violate any existing code of conduct or other guidelines which may be applicable for access, use and application of any particular Communication Service. The User shall not through use and access to Communication Service tools offered by DesireInsight Website collect information such as e-mails, contact details, etc. about other existing and/or intended users, except where the other user expressly consents to such sharing of information at their end.

The Users access to DesireInsight Website is subject to the User’s strict adherence and adoption of all limitations imposed under any applicable laws or regulations.

The User also undertakes not to commit any violation of data protection norms as notified and enforced under the legal jurisdiction of the State in which the DesireInsight Website is being accessed by the User.

DesireInsight has no obligation to monitor the Communication Services. However, DesireInsight reserves the right to review materials posted through the use of any Communication Service tools being offered by it and to remove any content, materials and/or posts uploaded or shared by any User, in its sole discretion. DesireInsight reserves the right to terminate and/or modify the Users terms of access to any or all of the Communication Services at any time without notice for any reason whatsoever where the User is found to have violated the terms of caution, use and care as set out herein above.

The User agrees to DesireInsight disclosing any information collected from the User, where such disclosure is mandated as being necessary in terms of any compliance set out under applicable law, regulation, legal process or governmental request, or to edit. The Users access to DesireInsight Website being regulated by the present terms and conditions entitles DesireInsight to refuse to post or to delete any information or materials, in whole or in part, in DesireInsight’s sole discretion.

The User is required at all times to exercise due caution while giving out any personally identifying information about itself or its relations immediate or otherwise and particularly while sharing information pertaining to minors and/or children in any Communication Service. DesireInsight neither controls nor endorses any content, messages or information found in any Communication Service and, therefore, DesireInsight specifically disclaims any liability with regard to the Communication Services and any actions resulting from the Users participation in any Communication Service. Unless expressly set out under the present Terms no person or entity, in-charge of hosting and/or maintaining the Communication Services can represent and/or provide any explanation or clarification for or on behalf of DesireInsight, and in the event any such unauthorized person expresses a view the same shall not be regarded as being endorsed or approved or binding on DesireInsight.

The User acknowledges that any Materials uploaded or downloaded through the use of Communication Services shall remain subject to such limitations as may have been imposed under applicable law pertaining to the usage, reproduction and/or dissemination of such content

Confidentiality of surveys

For the purpose of the survey and data collection from the User, DesireInsight 's clients may disclose confidential and/or proprietary information and materials to the User as a part of the information collection process, and such deemed confidential information and materials shall at all times post such disclosure even, remain the sole and exclusive property of their owner. This confidential information may include, but is not limited to, new product ideas, novation’s or concepts, packaging concepts, advertising and mass media concepts or trailers, and the text, visual images and sounds related thereto. By becoming a member and/or signing up to the terms of use, the User agrees that it shall keep as well as ensure that the contents and materials disclosed to it as part of all Surveys in which they participate, is kept confidential and that User shall not disclose such contents and materials to any third party or use the confidential information for any purpose except for the sole purpose of completing the Survey. If the User breaches this obligation, in addition to forfeiture of the Users points and termination of their account, they may also be liable to be sued for recovery of monetary damages by DesireInsight and/or to their affiliates and associates i.e. the DesireInsight Community or by their Client’s for damages caused by the result of the breach committed by the User.

DesireInsight and/or its associates, affiliates and partners do not claim ownership of the data and information submitted by the User to them (including feedback and suggestions) or post, upload, input or further submit to any DesireInsight Website or its associated services (collectively , Submissions). However by sharing, submitting, posting, uploading, inputting, providing or making Submission the User is granting DesireInsight, its affiliated companies and necessary sublicenses permission to use and apply such Submission(s) in connection with the purpose and/or operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, modify, translate and reformat the Users Submission; and to publish the Users name in connection with their Submission. No compensation whatsoever shall be paid or claimed with respect to the use of the Users willful Submission, as provided herein. DesireInsight is under no obligation whatsoever to post or use or apply any Submission provided by the User and may remove any Submission at any time at DesireInsight’s sole discretion. By posting, uploading, inputting, providing or submitting your Submission the User warrants and represents that they own or otherwise control all of the rights to such User Submission as described in these terms including, without limitation, all the rights necessary for the User to provide, post, upload, input or submit the Submissions.

Disclaimer of Warranties - Limitation of Liability & Indemnification

The User agrees that their use of the DesireInsight Website and the Services provided therein shall be at the Users own and sole risk. To the maximum extent permitted by applicable law, DesireInsight , and its affiliates, partners, employees, and agents, disclaim any and all guarantees, warranties and representations, express or implied, in connection with their Services, the DesireInsight Website and the Users use thereof, including but not limited to implied guarantees or warranties of title, merchantability or acceptable quality, fitness for a particular purpose or non-infringement, accuracy, authority, completeness, usefulness, and timeliness. To the maximum extent permitted by applicable law, DesireInsight issues no certificates, guarantees, warranties or representations about the accuracy or genuineness and/or completeness of the content of the DesireInsight Website or their Services, or the content of any sites linked to their Services, and in terms of the ‘no fault liability’ as set out herein, assumes no liability or responsibility for any (i) errors, mistakes, nor inaccuracies of content, (ii) personal injury (including death) or property damage, of any nature whatsoever, resulting from the Users access to and use of the DesireInsight Website or the Services provided therein, (iii) unauthorized access to or use of DesireInsight secure servers and/or any and all personal information and/or financial information stored therein, (iv) interruption or cessation of transmission to or from DesireInsight Website or their Services, (v) bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Services by any third party, (vi) any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the DesireInsight Website or the Services provided therein, and/or (vii) tax liability imposed against the User by any taxing authority, in the relevant jurisdiction of access by the User.

To the maximum extent permitted under applicable law, in no event shall the DesireInsight , or its affiliates, partners, employees, and agents, be liable to the User or any third person for any special, direct, indirect, incidental, special, punitive, or consequential damages whatsoever, including any lost profits or lost data arising from the users wilful use and adoption of the DesireInsight Community Website, the Services provided or other materials or content on, accessed through or downloaded from the affiliate and/or additional Services, whether based on warranty, contract, tort (including without limitation negligence), or any other legal theory, and whether or not the DesireInsight has been advised of or can reasonably ascertain the likelihood of the possibility of these damages.

The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction of access by the User. The User specifically and expressly acknowledges that DesireInsight shall not be liable for User submissions or the defamatory, offensive, or illegal conduct of any third party. The User agrees to irrevocably indemnify and hold DesireInsight , and each of its affiliates, partners, employees, and agents, harmless from and against any claim, cause of action, loss, liability, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with (i) the Users use of and access to the DesireInsight Community Website or the Services provided therein; (ii) the Users violation of any term of these Terms; (iii) the Users violation of any third party right, including without limitation any copyright, property, or privacy right, or damage to a third party; (iv) any tax obligations arising from or related to your use of the DesireInsight Website or the Services provided therein; and/or (v) any content posted by the User or shared on or through the Communication or other allied Service provided on the DesireInsight Website.

The User agrees that DesireInsight will not be liable for, or be required to provide any compensation to the User at the time of termination of their access by DesireInsight based upon their assessment of breach of the present terms committed by the User. The User at the time of termination of access shall also not be entitled to claim any beneficial attribute to their past usage such as reward point and/or credits in their account.

The User may, while accessing any services on the DesireInsight Website, sometimes be required to download specific software, or purchase a product where such software and/or product may be provided by another person or company which is part of the usage process and the User shall not object to the same. The Users use of these other additional specific services, software or products may require the User to enter into separate terms between themselves and such other person and/or service provider. It is clarified that the adoption of the present terms by the User shall not in any manner affect the Users legal relationship with these other companies or individuals whose services, software or products may be utilized by them to facilitate their overall usage of the DesireInsight Website. The User agrees that DesireInsight is not responsible for the loss or impairment of any beneficial endowments received by the User in terms of their utilization of services on the DesireInsight Website, in the event there is any: change in the policy regarding the provision as well as value of such beneficial endowments such as reward points, prizes, credits etc. (as determined in DesireInsight’s sole and absolute discretion), due to any server outrage, hardware crash, domain or network system error or failure, criminal act, vandalism, cyber-attack or other events that cause or are likely to cause the further grant of such beneficial endowments commercially unviable for DesireInsight . The beneficial endowments that may be granted by DesireInsight to its Users being discretionary in nature are exempted from attracting any liability of DesireInsight towards guarantees, warranties, and representations, whether express or implied, as to the quality, fitness or safety of any products and services supplied under DesireInsight Rewards/ Beneficial Endowments Programs or other Services. In the event such exemption from liability is barred wholly or in part under a particular legal system, in such cases the maximum extent of the Users probable claim shall not exceed the value attributed towards the provision and costing of such product or service forming part of the DesireInsight Rewards/ Beneficial Endowments Programs.

Please note that at any time, DesireInsight may, in its own sole discretion, terminate the present legal agreement with the User and deny them continued use and further access of the DesireInsight Website and the Services provided therein, and, without limiting the foregoing, may do so if (i) required to do so under applicable law (for example, where the provision of services to the User is, or may become, unlawful); (ii) the partner with whom DesireInsight offered the Services to User has terminated its relationship with them or ceased to offer their services to the User ; (ii) DesireInsight has upgraded its policy and excluded certain services from being accessed of available on the DesireInsight Website or any portion of its Services to users in the jurisdiction in which the intended User is residing or from which they use or access DesireInsight ’s Website and/or Services; or (iv) the provision of our Services to the User is, in DesireInsight, no longer commercially viable.

User Outreach Platform:

In the event a User has any queries apart from FAQ’s provided as part of the DesireInsight Website and/or any issued pertaining to their use and/or access of the website or its Services the same may raise a query and submit it for response to DesireInsight online response team on support@desireinsight.com, DesireInsight online response team shall attempt to respond to such queries in a timely and effective manner to the extent practicable and upon response are permitted to treat the User query as satisfied and/or closed.The above mechanism shall be a part of the Communication Services outreach program.

DesireInsight – Intellectual Property Rights

The User acknowledges that DesireInsight Website has been created, compiled, modified, applied, selected and arranged by DesireInsight and others through the investment of substantial time, effort and money and constitutes valuable, exclusive intellectual property and trade secrets of DesireInsight and others. It is DesireInsight policy to enforce its intellectual property rights to the fullest extent permitted under applicable law. The trademarks, logos and service marks (“Marks”) displayed on the DesireInsight Website are the exclusive property of the DesireInsight or third parties and cannot be used without the express consent of DesireInsight or the third party that owns the Marks. The DesireInsight Website is also protected as a collective work or compilation under U.S. copyright and other foreign and domestic laws and treaties. Users are prohibited from using (except as expressly set forth herein), transferring, disposing of, modifying, copying, distributing, transmitting, broadcasting, publicly performing, displaying, publishing, selling, licensing, or creating derivative works of any content on the DesireInsight Community Website or our Services for commercial or public purposes. Nothing contained herein shall be construed by implication or otherwise as estoppel as granting to the user an ownership interest in any copyright, trademark, patent or other intellectual property right of DesireInsight or any affiliated third party. DesireInsight exclusively owns all worldwide rights, title and interest in and to all documentation, software, contents, graphics, designs, data, computer codes, ideas, know-how, “look and feel,” compilations, magnetic translations, digital conversions and other materials included within the DesireInsight Website and related to the Services provided therein, and all modifications and derivative works thereof, and all intellectual property rights related thereto.

The User agrees that in the event any act or omission committed by the User results in the breach of DesireInsight exclusive Intellectual Property Rights, DesireInsight shall be entitled to sue the User for damages as well as seek injunctive relief against the User to protect and seek the enforcement of its exclusive Intellectual Property Rights in terms of the applicable laws prevailing at the State of such breach occurring.

Termination/access restriction

DesireInsight reserves the right, in its sole discretion, to terminate the Users access to the DesireInsight Website and the related services or any portion thereof at any time, without notice. The terms of this agreement are governed by the laws of the State of New Jersey, U.S.A. and the Parties hereby consent to the exclusive choice of jurisdiction and venue of courts in jersey City, New Jersey, U.S.A. in terms of all disputes arising out of or in relation to the use of the DesireInsight Community Website. Use of the DesireInsight Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions. The User agrees that no commercial relationship in the nature of - joint venture, partnership, employment, or agency shall come into existence between the User and DesireInsight as a result of this agreement or use of the DesireInsight Website The performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of DesireInsight right to comply with governmental, court and law enforcement requests or requirements relating to your use of the DesireInsight Website or information provided to or gathered by DesireInsight with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law then the remaining Agreement shall apply to the User without any change unless the remaining valid portion is not capable of being enforced in the absence of the invalidated provisions. In terms of the invalidated portions, if any, on the ground of their being invalid per applicable law, the same shall stand substituted to the extent reasonable with other similar existing terms of this Agreement or by such other terms and conditions set out herein that most closely replicates the intent of the now invalidated provisions. It is clarified that the attempt of the Parties at all times shall be to secure the implementation of the present terms and where not possible to uphold the remaining Agreement to the largest and most legal extent possible. Unless otherwise specified herein, this agreement constitutes the entire agreement between the User and DesireInsight with respect to the DesireInsight Website and it supersedes all prior communications and proposals, whether electronic, oral or written, exchanged between the User and DesireInsight with respect to the use, access and application of services and products provided by DesireInsight Website.

The terms of this agreement are governed by the laws of the State of New Jersey, U.S.A. and the Parties hereby consent to the exclusive choice of jurisdiction and venue of courts in jersey City, New Jersey, U.S.A. in terms of all disputes arising out of or in relation to the use of the DesireInsight Community Website. Use of the DesireInsight Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions. The User agrees that no commercial relationship in the nature of - joint venture, partnership, employment, or agency shall come into existence between the User and DesireInsight as a result of this agreement or use of the DesireInsight Website The performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of DesireInsight right to comply with governmental, court and law enforcement requests or requirements relating to your use of the DesireInsight Website or information provided to or gathered by DesireInsight with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law then the remaining Agreement shall apply to the User without any change unless the remaining valid portion is not capable of being enforced in the absence of the invalidated provisions. In terms of the invalidated portions, if any, on the ground of their being invalid per applicable law, the same shall stand substituted to the extent reasonable with other similar existing terms of this Agreement or by such other terms and conditions set out herein that most closely replicates the intent of the now invalidated provisions. It is clarified that the attempt of the Parties at all times shall be to secure the implementation of the present terms and where not possible to uphold the remaining Agreement to the largest and most legal extent possible. Unless otherwise specified herein, this agreement constitutes the entire agreement between the User and DesireInsight with respect to the DesireInsight Website and it supersedes all prior communications and proposals, whether electronic, oral or written, exchanged between the User and DesireInsight with respect to the use, access and application of services and products provided by DesireInsight Website.

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement or its interpretation.

Only for US users → To comply with tax regulations, you must submit a W-9 form and provide your Social Security Number (SSN) details once you've redeemed $300 or more. The W-9 form verifies your name, address, and tax identification number (TIN), which are necessary for income recipients. The information from the W-9 form is typically used to generate a 1099 tax form, essential for income tax filing. If the W-9 form is not submitted, your redemption request will be denied.

When you generate a redemption request, it is subject to review. Our Quality Control (QC) team thoroughly examines all your responses, which is a detailed process that may take several days. Once approved by the QC team, your redemption request will be processed.

Redemption requests will only be approved if the quality of a member's survey responses meets our set threshold. If a member's survey responses do not meet this threshold or are rejected by clients, their redemption request will be declined. Additionally, if a user is found to have multiple accounts on the panel or is involved in any suspicious activity, their redemption request will also be declined.

The present Agreement is drawn up in English language per the adopted and applied conveninece of the Parties.

Intellectual Property Protection:

As set out above all intellectual property owned by and/or generated by DesireInsight for the purpose of the Website and or the intellectual property of its affiliates and associate partners being protected is enforceable against the User and accordingly All l rights are reserved.

It is also clarified that the trademarks and/or copyrights of third party service providers and/or affiliates and associate partners of DesireInsight as well as of posting online partners are also reserved and protected as well as as enforceable against the User. The present DesireInsight website is neither to be regarded as being associated with or in collaboration with any Third Party companies, organizations, products, people and events depicted herein and no further association or relation is intended or should be inferred. DesireInsight through the use of its Website is concerned with data and information collection of Users for the purpose of serving the ends of its Clients and the same being a voluntary process is not to be regarded as a paid promotion for any entity or company, etc.

Any rights not expressly granted herein are reserved.

Disclaimer:

The Users wilful use and application of the DesireInsight Website shall not in any manner create any enforceable right in favor of the User and the User`s use and access to the DesireInsight Website, affiliate and associate content thereon as well as third party product or services listed therein shall at all times remain at the sole discretion and subject to the control of DesireInsight. The User shall at all times be bound to accept any decision regarding denial and/or limiting of access by DesireInsight of its website and/or services.