Terms and Conditions

To use this site you must be a Bellomy Research, Inc. employee and login. In so doing, you are deemed to have accepted these rules of participation (sometimes referred to as the "agreement"), which constitute a legal instrument binding upon you and us. If you do not agree to all of these rules of participation, you may not participate in this site.

Bellomy’s Use of Social Media Policy (also found in the Bellomy Handbook)

Bellomy fully respects the legal rights of our employees. However, activities in or outside of work that affect your job performance, the performance of others, or Bellomy's business interests are a proper focus for company policy.

While we recognize the value of social media/electronic communication and the positive role that it can play in our business, we also believe that it must be used in a constructive, ethical and legal manner. In addition, the Company must exercise its right to protect itself, its employees and clients from any damaging communications.

Use of social media (any tools/platforms used to publish, converse and/or share content online) by employees, whether using Bellomy’s property and systems or personal computer systems, is subject to the terms and restrictions in this policy. This policy applies to all forms of electronic communication including blogs, social networks/websites, forums, wikis, email, IM, etc.

Limited use of the company’s systems for social media use is acceptable, provided that it is done in a professional and responsible manner, does not otherwise violate company policies or state/federal laws, is not detrimental to the company’s best interests, and does not interfere with an employee's regular work duties.

Use of social media (business-related or personal) is subject to monitoring by Bellomy in order to protect the Company, employees and clients. Employees should be aware that there is no privacy when using the internet and more specifically, social media networks or tools. There should be no expectation of privacy as a result of technologies used to route communication, including but not limited to public or private messages, posting of links, images, comments or status updates and overall content as a whole.

Employees may not use the company name to endorse or promote any product, commercial enterprise, opinion, cause or political candidate.

Employees may not attribute personal statements, opinions or beliefs to Bellomy when using social media. If an employee is expressing his or her beliefs and/or opinions in social media, the employee may not, expressly or implicitly, represent themselves as an authorized representative of Bellomy.

Bellomy employees are bound by confidentiality agreements to the Company and the Company is bound by confidentiality agreements with our clients. Because of these legal obligations, employees are prohibited from revealing any company confidential or proprietary information, trade secrets or any other confidential Bellomy or client material. Employees are required to identify themselves when discussing the company or company-related matters and to include a disclaimer with any comments/postings, stating “the postings on this site are my own and don’t necessarily reflect Bellomy Research’s positions, strategies or opinions.”

Employees shall not engage in any social media activity that may harm or tarnish the image, reputation and/or goodwill of Bellomy and/or any of its employees, clients or suppliers.

When using social media, employees are prohibited from making any discriminatory, disparaging, defamatory or harassing comments or otherwise engaging in any conduct prohibited by Bellomy’s policies (including our Confidentiality, Harassment, EEO, Professional Conduct and general electronic communications policies) or by state/federal laws.

Apart from following all laws pertaining to the handling and disclosure of copyrighted or export controlled materials, Bellomy’s trademarks, logos and any other intellectual property may not be used without written authorization from a senior officer of the Company.

Employees assume any and all risks and legal liabilities associated with using social media. Individuals can be held personally liable for any statements deemed to be defamatory, obscene, proprietary or libelous (whether they pertain to Bellomy, individuals or another company). Employees also may be liable if they post confidential or copyrighted information belonging to third parties, such as music, videos or text.

Inappropriate use of social media may result in disciplinary action, up to and including termination.

GENERAL

1. Bazinga! is a private site operated by Bellomy Research, Inc. (“Bellomy”). These Rules of Participation apply whenever you access the Bazinga.MRCommunities.com website, regardless of the method or device used. In these Rules of Participation, when we say "Bazinga!" "site" or "Website," we mean this site, Bazinga.MRCommunities.com, regardless of how you access it. Any reference in this Agreement to "Bazinga! Private site" "us" or "our" means Bellomy, Inc.


2. The existence and use of this site shall be at the sole discretion of Bellomy. Bellomy expressly reserves the right to limit, edit or remove images, text or other content from this site for any or no reason, in their sole discretion, without accepting any obligation to do so. Bellomy also reserves the right to cancel any member's registration, and/or to remove any materials related to or posted by such member, without notice or cause, in their sole discretion.


3. The images and/or text displayed or posted on this site do not necessarily reflect and should not be considered as the views of Bellomy.


4. To become a member, you must qualify, login and complete your profile. All information you provide, including personal information, belongs to Bellomy who shall have, without further obligation to the consumers involved with this promotion, the right to print, publish, broadcast and use, worldwide in any media now known or hereafter developed, including but not limited to the World Wide Web, at any time or times, content tied to this promotion generated by the consumer, including names / titles, images, etc., as news or information and for advertising, trade and promotional purposes in connection with this promotion without additional consideration, without notice, and without compensation unless prohibited by law.

Furthermore, to be a Qualified member of this Community you certify that you:

(a) are an employee of Bellomy

(b) are at least 18 years old or over;

(c) will not attempt to answer any activity more than once, either by using more than one name or more than one email address to enter into an activity;

(d) will be honest in your approach to the research, for example you will not provide confusing or meaningless answers. 


5. Termination of Membership:

(a) Failure to adhere to these Terms and Conditions (and any subsequent amendments to these Terms and Conditions) constitutes a ground for termination of your membership of the Community at Bellomy's discretion without further notice.

(b) Termination of membership will result in cancellation of all rights of access and use granted to Members.

(c) Any Member who has had their account terminated may no longer access the Community or Members page on the site.

(d) Bellomy may, in its discretion, suspend or terminate a Member's account without prior notice. Circumstances in which a Member's account may be terminated include but are not limited to:

(i) Breach of these Terms and Conditions or other agreements

(ii) No longer employed by Bellomy

(ii) The provision of false, random, useless or fraudulent responses

(e) In the case of any dispute in relation to a Member, the decision of Bellomy will be final.


6. Bellomy may modify this Agreement at their sole discretion and/or assign it to a respective successor in interest. In the event of a material change or modification in these Rules of Participation, members will be required to re-register and signify acceptance as a condition of continued use of this site.


7. If any provision of this Agreement is found to be void, unlawful or unenforceable for any reason, that portion shall be deemed severable from these terms and shall not otherwise affect the validity and enforceability of any remaining provisions. Bellomy reserves the right to pursue any available remedy if you breach any provision of this Agreement, and may enforce these Rules of Participation by any available means at law or equity.


SITE RULES

8. You may not upload or post images, text or other content (hereafter "User Content") at Bazinga.MRCommunities.com:

(a) Nudity;
(b) Pornographic, obscene, indecent, sexual, vulgar or profane material;
(c) Material that is racist, offensive, harassing or defamatory;
(d) Material that constitutes a threat and/or could be construed to promote and/or incite violence against any individual, entity or group;
(e) Material containing drugs and tobacco products;
(f) Material that describes, promotes, or provides instructions for any illegal act;
(g) Images taken in private locations such as, but not limited to, hospitals, medical facilities, gyms, fitness centers, dressing rooms, homes or elsewhere where the subject(s) does not appear to be aware that an image is being taken;
(h) Credit card, drivers' licenses, Social Security numbers, or any other personal financial information;
(i) Material depicting, promoting or inciting cruelty to animals;
(j) Material containing intellectual property not owned by the uploader, such as trademarks, logos, or domain names, or copyrighted material such as movies, concerts or works of art;
(k) Images not owned by the uploader or uploaded without permission of the owner;
(l) Images taken of individuals without their permission, including, but not limited to, images or material infringing on any individual's right of publicity;
(m) Material that might spread viruses or other harmful items, or cause damage to the Website, the server, or any system or computer;
(n) Any material that Bellomy finds objectionable, damaging, offensive or inappropriate, at their sole and absolute discretion.


9. By uploading content and/or images, you warrant that a) you are the author/creator; b) you have taken the photograph(s) you have sent to us or you have permission from or are authorized by the owner and/or author of the photograph(s) to send it (them) to us; c) pictures or images of any other third party were taken with their permission and knowledge; and d) the pictures or materials do not infringe the intellectual property or publicity rights of any other person or entity.


10. By uploading User Content, you recognize that such User Content will be publicly available, that others may copy or redistribute such User Content, and that Bellomy has no control over such use.


11. Any attempt to damage, destroy, or tamper with this Website and/or site is a violation of criminal and civil law. Bellomy reserves the right to prosecute violators to the fullest extent of the law.


12. By uploading User Content, you agree that you have read and understood these Rules of Participation and agree to abide by them. Violations of our site rules will, at our discretion, result in removal of the offending User Content from the site, expulsion from membership, and/or initiation of legal action to enforce this Agreement, including, but not limited to, seeking the assistance of law enforcement personnel.

 

COMPLAINTS

13. If you object to any material, including, but not limited to, images, posted or displayed in the site because you believe it violates our site Rules or your privacy rights, we will be happy to investigate your complaint. Please contact us with information about the submission, including the date, subject matter, reasons for your complaint, and your contact information, including your full name, email address and telephone number. Information you provide in connection with a complaint may be shared with the member posting the allegedly offending material and with legal counsel and consultants, and will be disclosed in connection with legal proceedings if needed.


14. If you own copyrights in a work and believe that your intellectual property rights in that work have been infringed by an improper posting or distribution of it via this site, we will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act ("DMCA"). You should send any claims or notices of infringement relating to the site or any materials uploaded or displayed in the site to our designated DMCA agent. You may also obtain a copy of our DMCA policy from such DMCA agent.


INTELLECTUAL PROPERTY OWNERSHIP

15. Copyrights. All copyright subsisting in the contents of this Website is owned by Bellomy. You may not copy or incorporate any of the material, including any artwork, trademarks or logos, available on the Website into any other work, including your own site, or use the material in any other public or commercial manner. That means you may not change any of the notices regarding copyright, trademarks, or other marks or post or redistribute any portion of our site. You may not use any of the Bazinga! Private site intellectual property, including, but not limited to, artwork, trademarks and logos, in your own site. Except for your own personal use, you may not use any material here without our written permission. The site retains full and complete title to any downloadable software, any images incorporated in or generated by the software, and all data in it. This includes, but is not limited to, any code and other software. You must not copy, modify, reproduce, upload, transmit, distribute, reverse-engineer, disassemble or otherwise convert it to another form.

By uploading User Content, in addition to the representations and warranties you provide as specified in this Agreement, you grant Bellomy a worldwide, perpetual, irrevocable, royalty-free, sub-licensable, non-exclusive license to reproduce, distribute, publish, display, transmit, translate, adapt, modify, sell, license, publicly perform, prepare derivative works based upon, and otherwise use or exploit such User Content for any purpose, whether commercial or non-commercial, in any media, now known or later invented, throughout the universe, without payment to or further permission from you of any kind.

16. Trademarks. All trademarks, logos and/or domain names used on this Website are the property of Bellomy, or are used with permission.


17. Ideas and Submissions. Any ideas, questions, comments, suggestions, concepts, drawings, designs, graphics, stories, inventions or other submissions that you submit to the site, including, without limitation, those relating to any game, product, service, marketing plan, promotion, or any other matter (your "Submissions"), become the property of Bellomy. All Submissions will be treated as non-confidential and non-proprietary by Bellomy. You agree that Bellomy may use your Submissions for promotional, marketing, developmental or any other commercial or non-commercial purpose, whether in advertising, promoting, developing, manufacturing or marketing products or services. Under no circumstances are you entitled to any payment of any kind if Bellomy uses your Submission for any purpose whatsoever.


USER UPLOADS AND CONTENT

18. Any ideas, suggestions, graphics, pictures or anything else you submit to the site are subject to the site Rules above. User uploads and content are not confidential and we can use them as we see fit - that includes reproducing, disclosing, publishing, editing, or broadcasting such content here or somewhere else, in this or any other media now known or later invented. Subject to our Privacy Policy, Bellomy can use anything you send us or post online for promotional, marketing or any other commercial or non-commercial purpose, whether in advertising, or in developing, manufacturing, promoting or marketing products or services. Under no circumstances are you entitled to any payment if Bellomy uses your submission for any purpose.


19. Please review our Privacy Policy at
https://smartlab06.mrcommunities.com/content/privacypolicy.aspx in order to learn about what personal information we collect at this site and for what purposes we use it.


USE OF THIS SITE: LIMITATION OF WARRANTY, LIMITATION OF LIABILITY AND DISCLAIMER

20. Bellomy, subsidiaries or affiliates worldwide do not warrant that the functions contained in the site will be uninterrupted or error-free, that defects will be corrected, that this site, or any server that makes it available, is free from viruses or other harmful components, or that successful results or outcomes will result from your use of information at this site. We also do not guarantee that this site or every feature of this site will remain available to you. We do not guarantee the accuracy or propriety of the information at the site, including, without limitation, any user content, and make no representations regarding the use or results of use of any materials on this site in terms of their accuracy, reliability or any other matter. Visitors to this site should therefore not rely on any information posted on this site in any way. Without limiting the foregoing, and to the extent permitted by law, all information on this site is provided "as is" and "as available," without warranty of any kind, either expressed or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Some jurisdictions may not allow the exclusion of implied warranties, so some of the exclusions may not apply to you. Neither Bellomy, nor any of their respective parents, subsidiaries or affiliates worldwide, nor anyone who helped develop, create, produce or deliver the material and information provided by sponsors on this site, is liable for any direct, incidental, consequential, indirect or punitive damages, even if advised of the possibility of such damages related to your use of or inability to use the site, or any material, content or information at the site, including, without limitation, any user content .

While Bellomy reserves the right to remove any postings or any other information that we feel may be offensive or inappropriate in our sole discretion, we do not undertake any obligation to do so. We are not responsible for any user content at the Bazinga! private site website or for any information whatsoever contained in any linked sites.

The disclaimers and limitations contained in this section are a material part of our agreement to provide this website to you.


USER INDEMNIFICATION AND HOLD HARMLESS

21. You expressly acknowledge and agree that Bellomy, subsidiaries or affiliates worldwide, and their respective officers, directors, shareholders, agents, licensors or licensees, are not responsible or liable in any way whatsoever for any defamatory, offensive, inappropriate or illegal conduct of any member or other visitor to this site or any other third party, or for your use of this site. You agree to indemnify, defend and hold harmless Bellomy, subsidiaries or affiliates worldwide, and their respective officers, directors, shareholders, employees, agents, business partners, licensors, and licensees, from any damages, loss, cost, liabilities, and expenses, including, but not limited to, reasonable attorneys' fees, expenses, and court costs, on account of any claim, suit, action, demand, or proceeding brought against them or any one of them, or on account of any investigation, defense, or settlement thereof, arising in connection with your use of this site.


JURISDICTION, VENUE, AND ALTERNATIVE DISPUTE RESOLUTION

22. Any controversy or claim brought by you relating to this site, any material or content on the Community, or this Agreement not otherwise amicably resolved between you and Bellomy will be settled solely by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA"), administered in accordance with the AAA's Supplementary Procedures for Consumer-Related Disputes. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in North Carolina and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Any claim or cause of action that you may have with respect to this site or this Agreement must be commenced within one year after the claim or cause of action arises or it will be forever barred. Any such action or proceeding must be instituted in state or federal court in North Carolina and you waive your rights to removal from or consent to removal to this location. This Agreement will be governed by and construed in accordance with the laws of the State of North Carolina without regard to its conflicts of law provisions. The foregoing provisions will not apply to any legal action taken by Bellomy to recover damages for, or seek an injunction or other equitable relief in connection with, any loss, cost or damage (or any potential loss, cost or damage) relating to your breach of this Agreement.


SIGN UP for the SITE

23. In order to access the site, you must qualify, receive login information, login and complete your user profile. Bellomy collects information in your profile to better customize your experience.

FORUM MESSAGE BOARDS

 24. When you post a message to any of the forum message boards within the Community, your ID or alias that you are posting under will be visible to other users along with any information you include in your post, including personal information you may choose to include. Please note that if you post personal information online that is accessible to the public, you may receive unsolicited messages from other parties in return.

 ENTIRE AGREEMENT

 25. The Rules of Participation set forth herein constitute the complete, integrated Agreement between you and Bellomy and may not be modified by you without their express written agreement.



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