Terms and Conditions
Agreement between User and www.sparklechange.io
Welcome to www.sparklechange.io. The www.sparklechange.io website (the “Site”) is comprised of various web pages operated by Sparkle Insights Inc. and a member database Sparkle Change (the “Panel”) hosted on CINT/OpinionHUB (database platform partner) www.sparklechange.io is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.sparklechange.io constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.sparklechange.io is a Surveys/Questionnaire Site.
Members will register and log in on the website to participate in market research surveys.
Visiting www.sparklechange.io or sending emails to Sparkle Insights Inc. constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Sparkle Insights Inc. is not responsible for third party access to your account that results from theft or misappropriation of your account. Sparkle Insights Inc. and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Sparkle Insights Inc. does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.sparklechange.io only with permission of a parent or guardian.
Membership eligibility. Sparkle Change (the “Panel”) is open to individuals who are 15 years of age and older and a resident of the U.S. (regardless of immigration status). Membership is specific to one individual with a unique e-mail address. A person may not appear as a member multiple times (e.g. under multiple identities) within the Panel.
Becoming a Panel member. While some Site content is available to anonymous online visitors, other services and content may be restricted to use by members of the Panel. In order to become a member, an individual must provide truthful information when registering with the Panel and may not use any aliases or other means to mask his or her true identity. If an individual provides any materially relevant information during sign-up that is found to be untrue, inaccurate, is not reasonably current nor complete, or Sparkle Change and/or one of its agents has reasonable grounds to suspect such information is untrue, inaccurate, not reasonably current or complete, Sparkle Change and/or its authorized agents have the right to terminate that individuals membership and refuse any and all current or future access to, or use of the Site, and may also, upon its sole discretion, declare any accumulated rewards or prizes in any amount otherwise creditable to the individual to be considered null and void.
Initiating and maintaining Panel membership. In order to access the member’s area for Sparkle Change, each panelist during registration will be required to set up a username. A password will be sent to you via email. You are responsible for the security of your password and will be solely liable for any use or unauthorized use under such password.
Frequency of survey invitation and participation by panel members of Sparkle Change. In their personal information contained in their online profile, panel members may indicate the maximum number of surveys they would like to complete in a month. Panel members may receive invitations to complete surveys frequently up to the self-imposed quotas they indicate, or panel members may receive no invitations at all. After completing a given survey, a panel member may experience a gap of some number of days before another survey invitation is offered. While every attempt is made to send each panelist survey invitations frequently up to the desired frequency, due to various factors, a given panel member may not receive as many invitations to participate in surveys as they would like. Note that Sparkle Change and CINT/OpinionHUB (database platform partner) are under no obligation to offer any specific or minimum number of survey invitations whatsoever.
As long as panel members keep their account in good standing (i.e. profile information is updated, reasonable level of participation of offered survey invitations is achieved, etc.) earned money will be maintained without expiration. The points do become inactive on the account if the panelist has not been active for a certain amount of time. A record of the points is still there, they just do not show on the balance. To reactivate the points, you must send an email to support at Sparklechange.io. If you have been inactive for a longer period of time, your registration in the panel may have been deleted.
Unauthorized use. An individual may not use any technological devices such as spiders, robots or other automated data mining techniques to catalogue, download, store or otherwise reproduce or distribute content available on the Site. Neither is an individual permitted to manipulate the results of any panel, poll, survey or prize draws on this Site or in the context of any activity engaged in as a consequence of panel membership. You may not take any action to interfere with the Site or any other user’s use of the Site, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing” the Site. You may not send unsolicited email, including promotions and/or advertising of products or services. You may not frame portions of the Site within another website or alter the appearance of the Site. Sparkle Change will fully cooperate with any law enforcement authorities or court order, within the limits of any applicable law, requesting or directing Sparkle Change to disclose the identity of anyone posting any such information or materials.
Updating one’s profile. Members of Sparkle Change agree to promptly update any changes in personal and other information including but not limited to name, mailing address, phone number, e-mail address, and demographic information in the profile section after signing in with their member log-in information.
Inactivity and termination of account by Sparkle Change. If a member does not participate in any survey during a selected extended time period, Sparkle Change may elect, in its sole discretion, to terminate his or her membership without notice. Other grounds for termination without notice include but are not limited to inadequate or untruthful survey responses and the panel member having undeliverable e-mail address or mailboxes that are full after multiple attempts to contact the member. In addition, Sparkle Change may, in its sole discretion, consider any other fact or condition as sufficient grounds for membership termination. After membership is terminated, the terminated individual will stop being sent invitations to participate in surveys as a panel member. Sparkle Change may or may not at its discretion communicate notice of termination to the panel member. If, through not receiving survey invitations or through some other means, a panel member suspects that their membership has been terminated in the Panel, they may contact Sparkle Change using the contact information available in the “Contact” tab of this Site. In general, in cases where terminations are due to inactivity, outstanding rewards (i.e. if beyond redemption threshold levels) may be claimed for 90 days following the date of termination. After that period, the individual’s ability to claim an award will expire. As a condition of membership, you hereby waive and release any and all claims against Sparkle Change and its affiliates arising from or related to such membership termination or rewards expiration.
Communication between Panelists and Sparkle Change. By becoming a Panel member, an individual agrees to receive emails made on our behalf inviting the person to participate in surveys that are reasonably likely to match the experiences and background indicated during panel sign-up. Participation in all surveys is always voluntary. From time to time, e-mail newsletters regarding relevant Panel or company news may be sent for your information as well. E-mail links are provided on the site so that you may contact us directly with any questions or concerns you may have. Each e-mail we receive is read and responded to individually; please allow a maximum of 2-6 working days for us to get back to you.
Membership Cancellation. If one so chooses, one can cancel their membership to the Panel at any time without charge or obligation. A member may simply sign in and click the “unregister” link to unsubscribe. Note that all accumulated points can not be transferred or cashed out and will be permanently deleted.
Links to Third Party Sites/Third Party Services
www.sparklechange.io may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Sparkle Insights Inc. and Sparkle Insights Inc. is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Sparkle Insights Inc. is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Sparkle Insights Inc. of the site or any association with its operators.
Certain services made available via www.sparklechange.io are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.sparklechange.io domain, you hereby acknowledge and consent that Sparkle Insights Inc. may share such information and data with any third party with whom Sparkle Insights Inc. has a contractual relationship to provide the requested product, service or functionality on behalf of www.sparklechange.io users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Sparkle Insights Inc. or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Sparkle Insights Inc. content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Sparkle Insights Inc. and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Sparkle Insights Inc. or our licensors except as expressly authorized by these Terms.
The Service is controlled, operated and administered by Sparkle Insights Inc. from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Sparkle Insights Inc. Content accessed through www.sparklechange.io in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Sparkle Insights Inc., its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Sparkle Insights Inc. reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Sparkle Insights Inc. in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Sparkle Insights Inc. agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SPARKLE INSIGHTS INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
SPARKLE INSIGHTS INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. SPARKLE INSIGHTS INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Sparkle Insights Inc. reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of North Carolina and you hereby consent to the exclusive jurisdiction and venue of courts in North Carolina in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Sparkle Insights Inc. as a result of this agreement or use of the Site. Sparkle Insights Inc.’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Sparkle Insights Inc.’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Sparkle Insights Inc. with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Sparkle Insights Inc. with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Sparkle Insights Inc. with respect to the Site. 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 to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Sparkle Insights Inc. reserves the right, in its sole discretion, to change the Terms under which www.sparklechange.io is offered. The most current version of the Terms will supersede all previous versions. Sparkle Insights Inc. encourages you to periodically review the Terms to stay informed of our updates.
Participate in Surveys (Based upon Terms and Conditions of Use from Cint.com):
When You are invited to participate in a Survey based on Your profiling information. Your participation in a Survey is appreciated. We would like to inform you of the terms and conditions that govern your participation in a Survey. These Terms and Conditions for Survey participation (hereinafter the “Terms”) apply in addition to your agreement with Sparkle Insights Inc., as well as any specific terms, as applicable, available for each Survey. Please note that your continued participation in a Survey will constitute your acceptance of these Terms, as well as those contained in our Privacy Statement. If you do not agree to or do not have the proper legal authority to enter into these Terms or any part hereof, please do not participate in the survey.
Conditions for Survey Participation
As consideration for Your participation in a Survey and use of a Survey Site, You agree to comply with these Terms, as well as any other terms and conditions that apply to Your participation, including any agreement between You and the Panel Owner. You participation in a Survey and Your use of a Survey Site must be in compliance with applicable law.
By participating in a Survey, You agree to at all times provide true, accurate, current and complete information about Yourself when prompted. If You provide any information that is untrue, inaccurate, not current or incomplete or there are reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, You may not qualify for the Survey and consequently will not receive any points earned or to be earned or any incentives for Your participation. In addition, the Panel Owner may terminate Your membership account and refuse any and all current or future participation in surveys (or any part thereof).
For verification and security purposes, a Survey may have an estimated time frame in which the Survey should be completed. If You complete the Survey in a time frame that does not fall within the estimated time frame, You may be deemed to not having finalized the Survey and consequently may not receive any incentives for Your participation. In addition, Your Panel Owner may terminate Your membership.
Red Herring Questions
A Survey may include the same or similar questions multiple times, or require that You choose a specific answer (so called Red Herring Questions), in order to ensure that You are being truthful and/or carefully reading all of the survey questions. If Your responses to such Red Herring Questions indicate that You are not being truthful and/or carefully reading all of the survey questions, You may not qualify for the survey and consequently will not receive any incentives for you participation. In addition, Your membership may be terminated and Your account deleted.
Open End Questions
A Survey may include a section that requires You to fill in Your answers by typing them (rather than selecting an answer from a set of fixed responses). If Your response in Open Ended question is considered to contain language that is inappropriate, or irrelevant in relation to the question, You may not qualify for the survey and consequently may not receive any incentives for you participation. In addition, Your membership may be terminated and Your account deleted.
In participating in the Survey or using the Survey Site, You agree:
(i) not to disrupt, interfere with the security of or otherwise abuse the service or the Survey Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Survey or Survey Site or affiliated or linked sites;
(ii) not to disrupt or interfere with any other user’s enjoyment of the Survey or Survey Site or affiliated or linked sites;
(iii) not to upload, post or otherwise transmit through or while in the Survey or on the Survey Site any viruses or other harmful, disruptive or destructive files, computer programs or code;
(iv) not to use or attempt to use another user’s account, service or system without authorization, or create or use a false identity on the Survey or the Survey Site; (v) not to transmit through or on the Survey or the Survey Site any spam, chain letters, junk email or any other type of unsolicited or mass e-mail; and
(vi) not to attempt to obtain unauthorized access to the Survey or the Survey Site or parts of the Survey or Survey Site which are restricted from general access.
In addition, You agree that You are solely responsible for actions and communications undertaken or transmitted to or for Your account, and that You will comply with all applicable laws that relate to Your use or activities in the Survey or on the Survey Site.
Your access to a Survey or a Survey Site may, at any given time, be suspend or stopped if you fail to comply with these Terms or any other terms applicable to your participation, or in the event that You participate in the Survey or use the Survey Site in an unlawful manner or otherwise in a manner detrimental to Us, the Panel Owner, the Survey Owner or any other third party.
Unless otherwise noted, all materials, including, without limitation, all concepts, text, designs, graphics, drawings, photographs, video clips, music and sounds, and all trademarks, service marks and trade names used in the Survey and/or on the Survey Site and the selection and arrangements thereof (collectively, the “Content”), are subject to intellectual property rights, including copyrights, trademarks and patents or the right to apply for their registration anywhere in the world, held by or licensed by Us, Our affiliates, the Survey Owner or other third parties who are the respective owners of such intellectual property.
No license to use or reproduce the Content is given to You and all intellectual property rights therein are expressly reserved. No license to use, reveal, download, copy, distribute, or reproduce (including posting to any website, social media or blog) the Content or the subject matter of the Content is given to You and all intellectual property rights therein are expressly reserved. Please be advised that legal action may be taken in the event that any unauthorized use of any Content is traced back to You.
You may only participate in the Survey and use the Survey Site in a manner that does not infringe the intellectual property rights of Us or any other.
Policy on Points-Based Incentive Programs
To obtain points, You must successfully complete Your participation in a Survey. No purchase is necessary.
The number of points that may be earned for a Survey is specified at the beginning of the Survey. Please note that You are responsible for any taxes or duties which may result from points issued or redeemed. We will not be liable or responsible in any manner for any tax consequences or duties which may result from points or incentives issued or redeemed.
Your participation in a Survey may be suspended, altered or terminated, and any points or incentives earned may be cancelled or suspend, in case of any abuse or breach of any rules, regulations, terms and conditions, or any misrepresentation by You. We will have no liability to You under such circumstances.
You expressly agree that Your participation in a Survey and use and browsing of a Survey Site is at Your sole risk. To the fullest extent permitted by applicable law, We, Our clients, affiliates, or other third parties, and Our and their respective directors, officers, employees, representatives, agents, third-party content providers and licensors, do not make any warranties, express, implied or statutory, including those of merchantabillity, fitness for a particular purpose, that participation in a Survey or the use of a Survey Site will be uninterrupted or error free, as to the results that may be obtained from Your participation in a Survey or use of a Survey Site, services provided therein, or the accuracy, reliability, or content of any information, or services provided through a Survey or a Survey Site, other than as expressly set out in these Terms.
Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE, OUR AFFILIATES, THIRD PARTIES, OR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, SUCCESSORS OR ASSIGNEES SHALL NOT BE LIABLE TO YOU IN ANY RESPECT, INCLUDING WITHOUT LIMITATION, FOR ANY MATTER RELATED TO THIS AGREEMENT, FOR ANY SUBMISSIONS YOU MAKE, OR FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, RELIANCE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, LOSS OF EXPECTED SAVINGS, OR ANY OTHER NON-DIRECT DAMAGES HOWSOEVER CAUSED WHETHER OR NOT WE HAVE BEEN ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF SUCH DAMAGES.
The limitation of liability and disclaimers in these Terms shall apply regardless of the form of action, whether in contract, warranty, delict, quasi-delict, strict liability, negligence or other tort and shall survive a fundamental breach or breaches or the failure of the essential purpose of contract or the failure of an exclusive remedy.
You agree to indemnify, defend, and hold Us and Our affiliates, advertisers and other third parties, including directors, officers, shareholders, employees, representatives, contractors, affiliates, successors or assigns, harmless from and against any and all damages, expenses, liabilities and losses of any kind (including, without limitation legal fees), arising out of a third party claim regarding or in connection with Your participation in a Survey or use of a Survey Site or Submissions made to Us or a designated third party, or a breach of these Terms, to the extent that such damages, expenses, liabilities and losses were caused by You.
Effective as of September 30, 2021