ProductTube Terms of Use

Motions Research Limited Liability Company (“Motions Research,” “we,” or “us”) is the owner of the website located at www.producttube.com (the “Website”) and provides the services, software applications, and content available on the Website (collectively with the Website, the “Services”). The Services are provided to you subject to these Terms of Use. By accessing or using the Services, you are acknowledging that you have read, understand, and agree to these Terms of Use. If you do not agree to these Terms of Use in their entirety, please do not access or use the Services. Other services offered by Motions Research may be subject to separate terms of use.

ABOUT US

Motions Research helps product developers (our “Clients”) improve their existing product lines and develop new and improved products. We provide our Clients with market research services and analysis of consumer retail experiences. The Website is an online platform that allows consumers to earn rewards for uploading and sharing videos and commentary on their in-store retail purchase experiences and at-home product reviews (“User Videos”). When you register as a user, you will receive invitations from time to time (via email, text, website notifications, or otherwise) to participate in certain projects where you may record short User Videos, typically two minutes each, demonstrating your shopping habits and experiences. After uploading your User Videos to the Website, you will be eligible to receive certain rewards as stated in your invitation or otherwise on the Website. We use the User Videos to provide services to our Clients in accordance with these Terms of Use.

PRIVACY POLICY; OTHER POLICIES

The Motions Research Privacy Policy, available on the Website, governs any personal information you submit via the Services and is incorporated by reference in these Terms of Use. All other policies posted on the Website are also incorporated into these Terms of Use by reference. You agree to comply with the Privacy Policy and all other policies posted on the Website when accessing or using the Services.

LIMITED LICENSE

Motions Research grants you a limited, revocable, non-sublicensable, and nonexclusive license, subject to your continued compliance with these Terms of Use, to access and use the Services for your personal use. Any unauthorized use of the Services or any breach of these Terms of Use shall automatically terminate this limited license, without prejudice to any other rights or remedies of Motions Research.

REGISTRATION; PASSWORDS.

Motions Research may make certain Services available to you that require registration. Registering for such Services requires you to provide information about yourself. When you register for the Services, you shall provide true, accurate, and complete information, and you agree to update such information if it changes. If you do not provide true, accurate, and complete information, Motions Research may, in its sole discretion, suspend or terminate your membership to the Services. Any personal information that you provide in connection with your registration shall be used in accordance with our Privacy Policy.

You are responsible for maintaining the confidentiality of any password you create for the Services. You will immediately notify Motions Research in writing if you determine, or have reason to believe, that an unauthorized party has gained access to your password. Use of the password, whether or not authorized by you, shall be your sole responsibility and risk.

CHILDREN AND MINORS.

By registering for the Services, you confirm that you are 18 years of age or older. If you are between the ages of 13 and 18 (or between 13 and the age of legal majority in your country of residence), you shall use the Services only under the supervision of a parent or legal guardian who shall be bound by these Terms of Use. The Services are not designed to attract minors, in particular children under the age of 13. Motions Research does not market to or knowingly collect information from anyone under the age of 13.

FEES AND PAYMENTS.

The amounts we offer for the performance of tasks through the Services are listed on the Motions Research Payments page. The payment amounts assigned to each task may vary and are subject to change at any time. Motions Research reserves the right to limit the total amount payable to any individual user of the Services. You are responsible for paying all applicable taxes and expenses incurred by you in connection with your performance under these Terms of Use. Motions Research may issue a Form 1099 if your earnings exceed the amounts that must be reported for tax purposes.

INDEPENDENT CONTRACTOR RELATIONSHIP.

You acknowledge and agree that your relationship with Motions Research is that of an independent contractor. Nothing in these Terms of Use is intended or should be construed to create an employer-employee, employment agency, partnership, or joint venture relationship between you and Motions Research or our Clients. You will take no position with respect to or on any tax return or application for benefits, or in any proceeding directly or indirectly involving Motions Research, that is inconsistent with your being an independent contractor, and not an employee, of Motions Research. You are not an agent of Motions Research or our Clients, and you are not authorized to make any commitment or otherwise act on behalf of Motions Research or our Clients.

LICENSE GRANT TO MOTIONS RESEARCH.

You hereby grant Motions Research a perpetual, irrevocable, worldwide, nonexclusive, royalty-free, transferable, and fully sublicensable license to own, use, host, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, and otherwise exploit your User Videos in connection with the provision of market research and analysis services to our Clients and other companies, organizations, or individuals who may partner with Motions Research or our Clients for purposes of conducting market research and analyzing consumer retail experiences. You agree that your only compensation for the license rights granted herein will be the fees paid to you in accordance with your invitation to participation in a project or as otherwise stated on the Website You agree that Motions Research and our Clients may also use your User Videos for training and demonstration purposes, including, but not limited to, allowing other users of the Services to access your User Videos for such purposes. You agree further that Motions Research and our Clients may contact you regarding the use of your User Videos for additional marketing and promotional purposes.

USER’S REPRESENTATIONS AND WARRANTIES.

You are solely responsible for your use of the Services and you use them at your own risk. Your use of the Services shall at all times be in compliance with all applicable local, state, national and international laws, and regulations. By uploading, transmitting, distributing, storing, or otherwise publishing User Videos through the Services, you represent, warrant, and covenant that:

• You own and control, or otherwise have all necessary legal rights to distribute and reproduce, all of the User Videos that you post using the Services;
• Your User Videos do not and will not infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
• Your User Videos are not confidential and do not contain the private information of any third party, including, without limitation, addresses, phone numbers, e-mail addresses, Social Security numbers, and credit card numbers;
• Your User Videos are not unlawful, false, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable;
• Your User Videos do not contain any viruses, adware, spyware, worms, spam, or other harmful or malicious code, and you and your User Videos will not impose an unreasonable or disproportionately large load on our infrastructure;
• You shall not harvest or collect information about users without their consent, or use any robot, spider, scraper, or other automated means to access our Services for any purpose;
• You shall not circumvent any technical measures we use to provide the services;
• you shall not commercialize any Research Motions application or tool, or any information or software associated with such application or tool;
• You have the full right, power, and authority to enter into and perform your obligations under this Agreement without the consent of any third party; and
• To the extent that your User Videos include video or audio recordings of you and/or your minor children, you consent to our inclusion of such User Videos on the Website.

CONFIDENTIALITY.

You acknowledge that all non-public information related to the Services or Motions Research’s business (including, but not limited to, trade secrets, financial data, business projections and strategies, marketing plans, customer and supplier lists, and personnel, technical, or proprietary information) received by you pursuant to these Terms of Use or as a result of your use of the Services, constitutes and contains confidential, proprietary and copyrighted information and subject matter of Motions Research (“Confidential Information”). You shall not, directly or indirectly, without Motions Research’s prior written consent: (i) use any Confidential Information for any purpose other than as expressly permitted under these Terms of Use; (ii) divulge, discuss, provide, transmit, copy, make available or otherwise communicate the Confidential Information to a third party; or (iii) permit any third party to use such Confidential Information. Confidential Information shall not include information that: (a) is publicly available or enters the public domain without breach of these Terms of Use; (b) you possessed prior to first receiving it from Motions Research; (c) you developed independently and without the use of or reference to the Confidential Information; or (d) you received from a third party without restriction on disclosure and without breach of a nondisclosure obligation. Notwithstanding the foregoing, you shall be permitted to disclose Confidential Information if such disclosure is required by law, provided that you shall give prompt notice of such requirement to Motions Research so Motions Research will have the opportunity to seek a protective order or other appropriate remedies. You acknowledge and agree that all User Videos you submit to the Website or otherwise submit to Motions Research shall be deemed non-confidential and is not in any way subject to the terms of this Section.

THIRD-PARTY CONTENT; LINKING.

Any websites linked to the Website are not necessarily under the control of Motions Research, and Motions Research is not responsible for the content of any linked site or any link contained in a non-affiliated linked site. Motions Research reserves the right to terminate any link or linking program at any time. Motions Research has selected the links for your convenience. The selection or omission of links is not intended to endorse any particular companies or products. If you decide to access any of the third-party sites linked to the Website, you do so entirely at your own risk. Any links to any portion of the Website shall be the responsibility of the linking party, and Motions Research shall not be responsible for notification of any change in name or location of any information on the Website.

INTELLECTUAL PROPERTY.

Motions Research owns and operates the Services. Except as expressly set forth herein, all intellectual property rights in the Services and all material available therein, including, but not limited to, User Videos, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation, combination, look and feel or other works, concepts, inventions or other protectable aspects of the Services, are the property of Motions Research or its licensors. Motions Research retains all copyrights in the individual pages, their components and compilations, and collective works available through the Services. You agree and acknowledge that no title to any software or any other aspect of the Services shall pass to you under these Terms of Use.

Except as set forth in the limited license herein, or as required under applicable law, the Website is copyrighted and protected by federal and worldwide copyright laws and treaty provisions and other intellectual property laws. You shall not use, copy, distribute, republish, prepare derivative works based on, reproduce, duplicate, sell, resell, access, reverse engineer, modify or otherwise exploit, in whole or in part, either the User Videos or any other portion or feature of the Website, for any purpose without our prior written consent. In addition, you shall not frame or utilize framing techniques to enclose the Website or any portion thereof without our prior written consent.

Trademarks, including MOTIONS RESEARCH and PRODUCTTUBE, are the property of Motions Research. All other names and trademarks are the property of their respective holders. These Terms of Use do not grant you a license to use any trademark, trade name, or logo of Motions Research, and you recognize that the trademarks, trade names, and logos of Motions Research represent valuable assets of Motions Research and that substantial recognition and goodwill are associated with such trademarks, trade names, and logos. You hereby agree that you shall not use or permit any third party to use, at any time, Motions Research’s trademarks, trade names, or logos.

INFRINGEMENT NOTICES AND TAKEDOWN.

Motions Research prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on the Website infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim in accordance with the following procedure. We will process notices of alleged infringement and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”). The DMCA requires that notifications of claimed copyright infringement should be sent to our Designated Agent who is:

ProductTube
Motions Research Limited Liability Company
26 Beatrice Street
Allendale, NJ 07401

To be effective, the notification must be in writing and contain the following information as required by 17 U.S.C. § 512(c)(3):

• Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Motions Research to locate such material;
• Information reasonably sufficient to permit Motions Research to contact you, such as an address, telephone number, and, if available, an e-mail address at which you may be contacted;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

REPEAT INFRINGER POLICY.

In accordance with the DMCA, Motions Research has adopted a policy that it will terminate, without notice, any user’s access to the Services if Motions Research determines that such user is a “repeat infringer.” A repeat infringer includes, without limitation, a user whom Motions Research knows has engaged in infringing activity more than twice or a user whose User Videos Motions Research has been removed from the Website more than twice. Motions Research accommodates and does not interfere with standard technical measures used by copyright owners to identify or protect their copyrighted works.

SUSPENSION AND TERMINATION OF USERS.

Motions Research reserves the right, without notice and in our sole discretion, to suspend or terminate your license to use the Services, and to block or prevent your future access to and use of the Services, regardless of whether you are a repeat infringer. Motions Research maintains the right to suspend or terminate your access to any purchased products or services. Your only remedy with respect to any dissatisfaction with (i) the Services, (ii) any of these Terms of Use, (iii) any policy or practice of Motions Research in operating the Services, or (iv) any User Videos or information transmitted through the Services, is to terminate your account and discontinue your use of any and all parts of the Services. In the event that you breach these Terms of Use, including, but not limited to, any violation of Motions Research’s valuable intellectual property rights, Motions Research may consider it appropriate to pursue legal action against you.

DISCLAIMER OF WARRANTIES.

The Services are Provided as is, as available. To the fullest extent permissible pursuant to applicable law, motions, research, its parents, subsidiaries, affiliates, licensors, suppliers, and their respective members, directors, officers, employees, and agents disclaim all warranties of any kind, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties implied from a course of performance or course of dealing. Motions research, its parents, subsidiaries, affiliates, licensors, suppliers, and their respective members, directors, officers, employees, and agents do not warrant that the services or any function or aspect thereof will be uninterrupted or error-free, will be available for use, that defects will be corrected, or that the services, including any content, are free of viruses or other harmful components.

LIMITATION OF LIABILITY.

YOUR USE OF AND ACCESS TO THE SERVICES ARE AT YOUR OWN RISK. Motions Research takes no responsibility and assumes no liability for any content posted, stored, or uploaded by you or any third party, or for any loss or damage thereto, nor is Motions Research liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Motions Research is not liable for any statements, representations, or content provided by our users in any public forum, the personal home page, or elsewhere on the Website. Motions Research does not endorse any content or any opinion, recommendation, or advice expressed therein, and Motions Research expressly disclaims any and all liability in connection with such content.

In no event shall motions research, its parents, subsidiaries, affiliates, licensors, suppliers, and their respective members, directors, Officers, employees, and agents be liable for any direct, indirect, punitive, incidental, special, consequential, or other damages arising out of or any way connected with the access to or use of the services, any delay in or inability to use the services, or for any information, software, products, and services advertised in or obtained through the services, or otherwise arising out of the use of the services, whether based on contract, tort, strict liability or otherwise, even if motions research, its parents, subsidiaries, affiliates and their respective members, directors, officers, employees, and agents have been advised of the possibility of damages. This limitation of liability applies, without limitation, to any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, file corruption, communication-line failure, network or system outage, or theft, destruction, unauthorized access to, alteration of, or use of you or a third party while filming, recording, or otherwise creating content for the website, including, but not limited to, any in-store conduct.

Notwithstanding the foregoing, if for any reason, all or any part of the above limitation of liability is held unenforceable, in no event will the aggregate liability of motions research, its parents, subsidiaries, affiliates, licensors, suppliers, and their respective members, directors, officers, employees, and agents, under or in connection with these terms of use, or arising out of or in any way connected with the access to or use of the services, any delay in or inability to use the services, or for any information, software, products and services advertised in or obtained through the services, or otherwise arising out of the use of the services, whether based on contract, tort, strict liability or otherwise, exceed the greater of one hundred dollars ($100.00) or the aggregate fees owed to you by motions research for services performed under these terms of use during the three (3) month period preceding the date on which the claim arose.

You acknowledge that absent your agreement to this limitation of liability, motions research would not provide the services to you.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations shall not apply to you, and you might have additional rights under applicable law. Void where prohibited by law.

INDEMNIFICATION.

You agree to indemnify, defend and hold Motions Research, its parents, subsidiaries, affiliates, and their respective members, directors, officers, employees, and agents harmless from and against any and all claims, liability, losses, actions, suits, costs, and expenses (including attorneys’ fees) asserted against, or suffered or incurred by, any of them arising out of or in connection with, or resulting from: (i) your use of the Services and any transactions you conduct in connection with your use of the Services; (ii) any breach by you of these Terms of Use; (iii) any acts or omissions of you or any person or entity accessing your password; and (iv) your in-store activities while recording User Videos for submission to the Website, including, without limitation, any and all liability arising from your intentional misconduct or negligence. You acknowledge and agree that Motions Research is not responsible for any liabilities, losses, damages, bodily harm, injury, costs, or other expenses incurred by you in connection with your in-store activities and that you are solely responsible for all such costs and expenses. Motions Research reserves the right, at its own expense, but without the obligation to do so, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Motions Research’s defense of such claim.

RELEASE.

If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, licensors, suppliers, and our and their respective officers, directors, employees, and agents) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims that you may know or suspect to exist in your favor at the time of agreeing to this release.

AMENDMENT AND MODIFICATION.

Motions Research reserves the right at any time to amend or modify these Terms of Use, to discontinue all or any portion of the Services, or to add or remove any User Videos or other features from or to the Services. Motions Research agrees to post all amended forms of these Terms of Use on the Website, and such amended forms shall be effective immediately upon posting. It is at all times your responsibility to read the most current form of the Terms of Use to ensure that you agree to the terms and conditions of any amendments to the Terms of Use. You agree that this procedure for giving notice of amendments to the Terms of Use is reasonable. Your use of the Services constitutes your acceptance of any such amendment, modification, discontinuance, addition, or removal.

GOVERNING LAW; VENUE.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard for its conflicts of laws principles. Any action, claim, or proceeding to arise out of or relating to the Services or these Terms of Use must be brought to the appropriate state or federal court located in Newark, New Jersey. You hereby consent to the exclusive jurisdiction of such court in any such action, claim or proceeding and submit yourself to such jurisdiction.

THESE TERMS OF USE WERE UPDATED ON DECEMBER 15, 2014.

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