Last Updated: 31 December 2020
Membership in any Vocalyz panel is free and is open to individuals only (not corporations or other business entities) that are at least fifteen (15) years of age or such other age as required by your geographic location. Membership in certain panels may be further restricted based on your age or geographic location. If you are less than eighten (18) years of age and win any prize or receive any cash reward through Vocalyz Points or other Vocalyz incentive Program, then such award will be made to your legal guardian. You are permitted to have only one account.
Registration and Passwords
While you may access this Site without registering for membership in any Vocalyz panel, in order for an account to be established in your name and any Points properly credited to your account, you must complete the provided online registration form. To open a member account, you must provide Vocalyz with complete and valid contact information, including your full legal name, home address, valid e-mail address, and all other requested information. Your account must have a unique and valid e-mail address and password.
You agree to provide only accurate, current and complete registration information and to keep that information updated in order to maintain its accuracy. Vocalyz may terminate or suspend your membership and you may forfeit your Points if you fail to provide or keep your personal information accurate and complete.
You may use only one (1) password to open and access your account, and you may not use another account holder's password or allow anyone else to use your password, for any reason. You are solely responsible for the security of your username and password and any activity that occurs under your membership account, whether authorised or unauthorised. Vocalyz will not be responsible for any losses incurred through the use of your password by a third party, except when unauthorised use is directly attributable to the gross negligence or fraud of Vocalyz. You agree to immediately notify Vocalyz of any unauthorised use or breach of your member account.
Should you forget your password, you may request an e-mail to reset your password by using your registered email address so that you can regain use of your account and an email will be sent to the e-mail address we hold in your member account.
By joining as a member of Vocalyz's panels, you agree to receive invitations to participate in Surveys via e-mail. Vocalyz does not guarantee that you will receive a certain minimum volume of invitations or any invitations at all. Your participation in any Survey and your disclosure of any personally identifiable information is completely voluntary.
You are responsible for providing any computer equipment and communications services necessary to connect to and access this Site. You agree that neither your membership in a Vocalyz panel nor your completion of any Surveys for Vocalyz and its clients create any agency, partnership or employment relationship, and that your completion of Surveys is strictly as an independent contractor. You also agree the Points or other incentives you receive for completing Surveys are the only compensation you will receive for your completion of Surveys.
Member Code of Conduct:
Vocalyz is an online community dedicated to making your voice heard and allowing you to tell leading providers of products and services what you think. When you use and post content to the Vocalyz Site or our community we ask that you observe the following rules:
- Be courteous and respect the opinions of others and behave in a manner that supports a safe and comfortable environment for all members.
- Do not post any of the following:
- Personal information (including any financial information).
- Material that advocates illegal activity or political, religious or ideological beliefs.
- Personal attacks or anything (including "jokes" that may be misconstrued) obscene, vulgar, illegal, harmful, insulting, threatening, abusive, harassing, defamatory, libellous, untrue, misleading or invasive of someone else's privacy.
- Advertising and solicitations - Do not use any community areas to buy or solicit for goods, services, or money, or to advertise or sell products or services to others. For example, do not post any advertising, referrals, promotional materials, junk mail, "spam", chain letters, pyramid schemes or any other form of solicitation.
- Any content that infringes any patent, copyright, trademark, trade secret or other intellectual property right of another.
- Any statement that expresses or implies that any actions you take are endorsed by Vocalyz or our clients.
- Do not take any Survey other than in good faith, such as providing false answers or speeding through a Survey or answering each question the same way. Vocalyz reserves the right to withhold awarding Points to you if, in Vocalyz's reasonable view, your Survey responses are untruthful or not well considered.
- Do not access or use any part of this Site for anything other than your personal, non-commercial use.
- Do not access or use any part of this Site in any way that may violate any applicable local, or international law, regulation, or other governmental requirement and/or regulation, treaty or tariff.
- Do not resell, barter, trade or otherwise attempt to generate income by providing access to your Vocalyz Points to others.
- Do not impersonate any individual or entity, including, without limitation, a Vocalyz employee, agent or client, or other Vocalyz members or otherwise misrepresent your affiliation with any person or entity, including by "framing" any portion of this Site to make it look like you have a relationship with us or that we have endorsed you for any purpose.
- Do not publish or make reference in any media to any Survey or Site content without our prior written permission.
- Do not collect or store any personal information about other members.
- Do not attempt to access any service or area of this Site that you are not authorised to access.
- Do not use any robot, spider, scraper or other automated means or interface not provided by us to access this Site or extract data.
- Do not send to or otherwise impact us or this Site (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, "spyware", "adware" or other code that could adversely impact this Site or any recipient or take any action, such as a denial of service attack, that might impose a significant burden on this Site's infrastructure or interfere with the ordinary operation of this Site.
- Do not re-post on this Site any statements you receive from the Vocalyz help desk.
- Do not communicate with the Vocalyz help desk in a manner which is obscene, vulgar, harmful, insulting, threatening, abusive, harassing, defamatory, libellous, untrue or misleading.
- Do not, under any circumstances, contact Vocalyz’s client’s or the sponsor of any survey.
- Do not engage in any other activity that the Company reasonably deems improper or abusive.
Failure to comply with this Code of Conduct may result in termination of your membership account and forfeiture of any Points.
Uploading content to this Site
Whenever you make use of a feature that allows you to upload content to our Site, you must comply with the content standards set out in our Content Rules (see below).
Any content you upload to our Site (“User Content”) will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your User Content, but you grant us and other users of this Site (such as our clients) a non-exclusive licence to use, store and copy that User Content and to distribute and make it available to third parties.
We also have the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the User Content or the accuracy of any User Content posted by you or any other user of our Site.
We have the right to remove any posting you make on our Website if, in our opinion, your post does not comply with the content standards set out in our Content Rules.
The views expressed by other users on our Website do not represent our views or values.
Rules on uploading your content (including images) (“Content Rules”)
- You must not post or upload any User Content or use this Site in a way that breaches any law.
- You must not post or upload any User Content or use this Site in a way that is offensive, threatening, defamatory, vulgar, obscene, harassing, false, misleading or unreliable, or that brings or is likely to bring us, this Site or our clients into disrepute.
- You agree to not contribute User Content that will infringe another organisation’s or person’s rights (including intellectual property rights and rights of privacy). You agree that you have all the necessary rights and permissions to publish the User Content you submit to this Site.
- We may moderate and review any User Content that is submitted to be posted or is automatically posted/uploaded to this Site. However, we accept no responsibility for any User Content and reserve the right to remove/edit any User Content at any time.
- You are wholly responsible for all User Content posted by you on this Site (including, but not limited to, emails sent by you in connection to this Site).
- Please let us know immediately by contacting us https://www.vocalyz.com/contact-us if any of these rules are broken by you or other users.
- We reserve the right to remove or edit, or require you to edit, User Content posted to this Site at any time.
- To the extent allowable by law, you hereby indemnify us against all losses, damages, proceedings, actions, legal costs and disbursements, expenses and any other losses or liabilities arising from your posting of User Content, or use of this Site, or your breach of these Terms.
In the event that we are notified by a third party that User Content that you have uploaded to this Site infringes the intellectual property rights of a third party then we reserve the right to release your contact details to that third party for the purposes of them taking enforcement action against you without notice to you.
You acknowledge and agree that we can release your details to such third parties under the relevant exemptions to the applicable data protection legislation for the purposes of that third party taking such enforcement action and you hereby waive any rights you may have against Toluna in connection with such disclosure.
Confidentiality of Surveys
Vocalyz’s clients may disclose confidential, commercially sensitive and/or proprietary information and materials to you as part of Surveys, and such information and materials shall remain the sole and exclusive property of its owner. This confidential information may include, but is not limited to, new services, new product ideas or concepts, packaging concepts, advertising and movie or television concepts or trailers, and the text, visual images and sounds related thereto. By becoming a member, you agree that you will keep the contents and materials disclosed to you as part of all Surveys in which you participate confidential and not disclose them to any third party or use the confidential information for any purpose except for the sole purpose of completing the Survey. If you breach this obligation, in addition to forfeiture of your Points and termination of your account, you may be liable for monetary damages to Vocalyz and/or our client for damages caused by the result of your breach.
Member Content and License
You hereby give a non-exclusive, perpetual, unlimited, worldwide, royalty-free licence to Vocalyz to use for any purpose any content you submit to this Site, including the right to edit, copy, transmit, publish, display, modify, distribute, create derivative works from and develop such content and to transfer such content to third parties. You, not Vocalyz, will have sole responsibility and liability for all content you use, upload, post or submit to this Site, including on our message boards and in any Survey in which you participate, including the obligation to obtain any necessary approvals and authorizations required to post such content.
What are Points?
Vocalyz values our members’ opinions, and to show our appreciation, Vocalyz offers incentives in the form of credits called “Points,” which are credited to your account maintained by Vocalyz. Points are redeemable for cash, or vouchers available in our rewards catalogue and subject to the terms below.
Points will be credited to your account only through your participation in activities authorised by Vocalyz, which include, but are not limited to, registration as a panelist, completion of demographic profiles and completion of qualitative or quantitative marketing research activities performed by Vocalyz, and only in accordance with the specific incentive offer disclosed for each activity.
Vocalyz is dedicated to providing quality data to our clients. To ensure this level of quality, please note that you might not qualify for all Surveys, in which case, the Survey will close, and you will not receive Points. The reasons you might not qualify include but are not limited to:
- Your profile not corresponding to our client’s target audience
- Discrepancy in logical suite of responses
- Untruthful responses or false answers
- Inappropriate or abusive replies
- Going too quickly through the questions to properly consider your answers
- Lapse in attention leading to failed quality checks
You may earn Points as follows:
- Survey Completion: Earn Points for each Survey you qualify for and complete. Points awarded vary by Survey.
- Profile Surveys Completion: Panelists can earn additional Points by completing the member Profiles.
The timing of credits for Points depends on the Survey. For some Surveys, credits are applied within a few days; for others, the credits are applied after the Survey has closed.
Vocalyz will maintain a record of the Points credited to and debited from your account and allow you to check the status of your account online by logging in and checking the "Rewards" tab in your Account page. Although Vocalyz makes every effort to ensure that accounts are credited correctly, it is your responsibility to verify that your Points have been credited properly. If you feel the incentive amounts credited to your account are incorrect, you must contact Vocalyz by email within (sixty) 60 days following our alleged error and explain in full the basis of your dispute, attaching any relevant information which offers evidence of the discrepancy. Upon receipt of your notice, we will investigate your claim and notify you of our decision to adjust or maintain the amount of Points credited to your account, as we deem appropriate, within thirty (30) days. If we need additional time to decide your claim, we will notify you and will endeavor to render a decision as soon as reasonably practicable. Any decision by us with regard to such a claim will be final
You can spend your Points at any time by going to the “Rewards” page accessible via the left menu. Points are awarded for Survey completion, Profile completion, and other participation on this Site. Points automatically convert to cash values whenever you request a payment or voucher.
If you request a voucher, Vocalyz will make the voucher code available via electronic means within 2 weeks of your request.
Electronic vouchers (e-vouchers) will be sent to the email address within your member profile in your account.
Please make sure that we have your correct email address to avoid any delays in delivery.
Any request to resend a missing voucher must be made within 3 months from when the voucher was originally sent. Vocalyz will not process any orders after expiry of this 3-month time limit.
PayPal requests for cash payment will be credited directly to the PayPal account indicated in your account within 2 weeks. It is your sole responsibility to keep such information current.
All rewards are subject to change as may be necessary to comply with applicable laws or regulations and we reserve the right to void vouchers where such laws or regulations dictate that we must do so.
Expiration of Points
When Points are credited to your account, they will remain valid for 12 months from the date they are earned. If after this period the Points have not been used, they will automatically expire and be deleted from your account. This deduction will always occur towards the end of the month, usually on the 28th day. For example, if you earned Points on 15 March 2021, they will be removed from your account on 28 March 2022, if they are still in your account. Points cannot be redeemed after the expiration date.
In addition, all of your Vocalyz Points will immediately expire and be forfeited in the event that you cancel your account at Vocalyz or if your account becomes "inactive." To be an active Panelist means that you have joined Vocalyz and participated in a Survey or other activity on this Site within twelve (12) months from your initial registration or within the twelve (12) months prior to inactivity. Vocalyz will not provide you with any notice of the cancellation and forfeiture of any of your Vocalyz Points. Vocalyz reserves the right to amend these cancellation and forfeiture rules in its sole discretion.
Misconduct, Fraud and Correcting Account Errors
Vocalyz retains the right to monitor all member activity within Vocalyz Points. If you have violated our Code of Conduct above, or in the event that your account shows signs of fraud, abuse or suspicious activity, your member account may be terminated, and you may forfeit all accumulated Points. If you have conducted any fraudulent activity, then subject to local applicable law, Vocalyz reserves the right to take any necessary legal action and may have grounds to confiscate any rewards redeemed as a result of such activity. In addition, if allowed by law, you may be liable for monetary losses to Vocalyz, including litigation costs and damages, and you will not be allowed to participate in Vocalyz Points in the future.
If your account does not accurately reflect your Point balance, Vocalyz reserves the right to correct such errors. If you have been awarded Points in error or you believe that your member account has been the subject of suspicious activity, please contact Vocalyz immediately. If it is determined that you have been the victim of fraud, the Points you have earned will be transferred to a new member account.
Points have no cash value, and may not be assigned, transferred and/or pledged to any third party. You have no property rights or other legal interests in any Points granted pursuant to the Vocalyz Points Program.
Program Duration & Changes to Rules
Any revisions to the Points Program may affect your ability to use any Points you accumulate. If the Points Program is terminated or your membership is terminated by Vocalyz other than as a result of your breach of these Terms, you will only have 30 days from such termination date to redeem all your accumulated Points. If there is a modification to the Points Program, we will endeavor to notify you; however, Vocalyz will not be responsible if you do not learn of the modification. The rewards offered, and Point levels required for specific rewards are subject to change without notice. All rewards are subject to availability.
Levels and rewards
Level 0: new members who have not filled in their "About us" profile
Level 1: Once a user completes the "About us" profile, user moves up to level 1
Streaks and levelling up can only start once level 1 has been reached. Then,
- For every day in a row that a user completes at least one survey s/he levels up
- Every day a user goes without completing a survey s/he loses one level
- Users can only drop back to 1. Level 0 is only for new joiners who have not filled in their "About us" profile
- To reach level 5, userq must therefore fill in their "About us" profile survey then starting the following day, complete at least 1 survey every day for the next 4 days.
- Once a user reaches level 5, each survey completed allows them to earn 10% more points.
- Only users at level 5 get this 10% bonus. No bonuses are received between levels 1 and 4.
- To remain at level 5 and keep enjoying the bonus, user must keep completing at least 1 survey a day, every day
Vocalyz Intellectual Property
This Site is protected by intellectual property laws and you agree to respect them. All rights not expressly granted to you are reserved by Vocalyz or its licensors.
The VOCALYZ logos and the marks "VOCALYZ"and "VOCALYZ.com" are trademarks or registered trademarks of Vocalyz or its affiliates. All other trademarks, service marks, logos and trade names used on this Site are the property of Vocalyz or their respective owners or are owned by third parties but used by Vocalyz with the owner’s consent. All rights are reserved.
For the purposes of this paragraph, "Content" means (without limitation) all text, design, graphics, images, sound files, animation, video, interfaces, software, code and the selection and arrangement thereof appearing or included from time to time on this Site. All Content on this Site is subject to intellectual property rights, contractual or other protection. The intellectual property rights are owned by us or our licensors. No Content may be copied, distributed, republished, uploaded, posted or transmitted in any way except pursuant to the express provisions of these Terms or with our prior consent. Modification or use of the Content for any other purpose may violate intellectual property rights. No right to use the Content is granted to users and all title and/or rights remain with us.
The Site is © VOCALYZ, and all rights reserved by Toluna Group.
Disclaimer of Warranties
You expressly agree that your use of this Site and the Vocalyz Points Program is at your sole risk. You agree that this Site, all information on this Site, the services offered by this Site and the Vocalyz Points Program are provided by Vocalyz or its corporate parents or affiliates, successors or assigns, suppliers or agents, "AS IS" and "AS AVAILABLE." Vocalyz is not responsible for typographical errors regardless of source. In addition, Vocalyz does not represent or warrant that the information accessible on this Site is accurate, complete, or current. You hereby release Vocalyz and its affiliates and third-party providers from all liability regarding the redemption and use of any rewards, including any rewards that, after receipt, may be lost, stolen or destroyed.
TO THE FULLEST EXTENT ALLOWED BY LAW VOCALYZ DISCLAIMS ALL WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF: (a) MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, ACCURACY OR COMPLETENESS; AND (b) CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE.
YOU ACKNOWLEDGE AND AGREE THAT IF YOU SHARE YOUR PERSONAL DATA, INCLUDING IMAGES AND YOUR USER PROFILE INFORMATION WITH OTHER USERS OF THE SITE AND/OR PUBLICLY, WE EXCLUDE ALL LIABILITY AS TO THE SECURITY OR CONFIDENTIALITY OF SUCH INFORMATION.
VOCALYZ FURTHER DISCLAIMS ALL DUTIES TO YOU, IF ANY SUCH DUTIES EXIST, INCLUDING BUT NOT LIMITED TO REASONABLE CARE, WORKMANLIKE EFFORT, FREEDOM FROM COMPUTER VIRUS, AND LACK OF NEGLIGENCE. VOCALYZ FURTHER MAKES NO WARRANTY IN RESPECT OF YOUR ENJOYMENT OF ANY ASPECT OF THE SITE.
Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER VOCALYZ NOR ANY OF OUR AFFILIATES OR AGENTS WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR GENERAL DAMAGES, OR FOR DAMAGES FOR LOST PROFITS, LOSS OR IMPAIRMENT OF PRIVACY, SECURITY OF DATA, FAILURE TO MEET ANY DUTY (INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH, WORKMANLIKE EFFORT OR OF LACK OF NEGLIGENCE), OR FOR ANY OTHER SIMILAR DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO ANY BREACH OR OTHER ASPECT OF THE ENTIRE AGREEMENT OR THIS SITE, EVEN IF VOCALYZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY OR MISREPRESENTATION.
YOU HEREBY WAIVE YOUR RIGHT TO BRING ANY CLASS ACTION LAWSUITS AGAINST VOCALYZ, TOLUNA GROUP LIMITED, ITS CORPORATE PARENTS OR AFFILIATES, SUCCESSORS OR ASSIGNS, SUPPLIERS OR AGENTS WITH RESPECT TO ANY MATTER. YOU HEREBY ACKNOWLEDGE AND AGREE THAT IN THE EVENT YOU BELIEVE YOU HAVE ANY GROUNDS, HOWSOEVER ARISING, TO TAKE ACTION AGAINST VOCALYZ, SUCH ACTION WILL BE COMMENCED BY YOU ALONE AND IN YOUR OWN NAME.
To the fullest extent allowed by law, you agree to indemnify and hold Vocalyz, and its parent and affiliated companies, together with their officers, directors, owners, employees and agents harmless from any and all claims, losses, damages, suits, fines, levy's and costs (including reasonable attorney's fees and expert witness costs, including costs associated with in-house counsel), (collectively "Claims"), arising from or related to your use of this Site and any content you place on this Site, including Claims made by third parties. You agree that Vocalyz has the unlimited right to defend any Claim and to settle any Claim without your prior permission. You agree to provide Vocalyz with all reasonable assistance in the defense of any Claim.
Cancelling Your Account
You may cancel your account at any time by contacting Vocalyz at https://www.vocalyz.com/contact-us or by going to “Account” on the left hand menu and selecting the "Unsubscribe" tab, then completing the process by following the instructions. Your account will also be cancelled if you withdraw from the Vocalyz panel. Immediately upon deletion or your withdrawal from the Vocalyz panel, your account will be closed. You understand and agree that, as noted above, upon closing your account, your right to access the Vocalyz Points Program will cease and all Points credited to your account at such time, however and whenever accumulated, will be forfeited. Vocalyz may terminate your account at any time for any reason.
You may be required under local laws to pay taxes on prizes you receive. You acknowledge that we may supply information to taxing agencies, or withhold taxes, at the request of those agencies or as we, in our sole discretion, deem appropriate. You acknowledge and agree that you will provide Vocalyz with any additional personal information that Vocalyz needs to comply with any reporting or withholding obligations. Your failure to provide such information within 30 days of a request sent by Vocalyz to the email address registered at that time may result in the forfeiture of Points or the prizes you may have won.
Vocalyz may provide links to third-party websites as a convenience to you, and Vocalyz's providing of any link does not constitute an endorsement by such site of Vocalyz or vice versa. You agree that Vocalyz is not responsible for examining or evaluating the content or accuracy of these sites and Vocalyz does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that Vocalyz is not in any way responsible for any such use by you.
Notices to You: We may give you all notices that we are required to give by posting such notices on this Site. You also agree that we may give notice by email in our discretion, including notice of subpoenas or other legal processes (if any). We may provide notice to any email or other address that you provide during registration. You agree to keep your address current and to check for notices posted on this Site.
Notices to Us: We receive many emails and not all employees are trained to deal with every kind of communication, so you agree to send us notice by mailing it to Toluna SAS, 5 avenue du château, 94300, Vincennes, France Attn. Panel Team.
Entire Agreement; Miscellaneous.
You hereby waive your right to bring any class action lawsuits against Vocalyz or the Toluna Group with respect to any matter. You hereby acknowledge and agree that in the event you believe you have any grounds, howsoever arising, to take action against Vocalyz or the Toluna Group, such action will be commenced by you alone and in your own name.
Notice of Copyright Infringement
Vocalyz respects the intellectual property rights of others and requests that you do the same. Anyone who believes that their work has been reproduced in this Site in a way constituting copyright infringement may provide a notice to our Group General Counsel containing the following:
- An electronic or physical signature of the copyright owner or a person authorised to act on behalf of the owner of the copyright;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
- The address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
- A representation that the complaining party has a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law;
- A representation that the information in the notice is accurate, and if applicable that the complaining party is authorised to act on behalf of the owner of the right that is allegedly infringed.
Copyright infringement claims and notices (but not other notices) should be sent to the attention of Group Head of Legal in the following manner:
- by post: Toluna UK Limited, Ealing Cross, 85 Uxbridge Road, London W5 5TH Attn. Group Head of Legal
If you have a complaint of any nature, or if you have an issue with the content of any survey, you should contact us at Toluna SAS, 5 avenue du château, 94300, Vincennes, France. In particular, you should not contact any of Vocalyz’s clients or the sponsors of any survey’s directly, under any circumstances.
Termination of your account
If your membership or your access to this Site is terminated or suspended for any reason, you must not access the Website without our prior written consent.
This Site is hosted by:
Toluna USA, Inc.
21 River Road
Wilton, CT 06897 USA