You have been invited to participate in an online market research community for X, Inc. and its subsidiaries and affiliates (“X” or “Our”)! Thank you for taking the time to participate in and provide us feedback through the X Insiders and/or Creator Insiders Programs (each a “Program”).
X has created the applicable Program to understand how the information you provide, along with information collected from other applicable Program participants, can be used to improve the X experience for you and X’s users, advertisers, and other partners.
- By participating in the applicable Program, you’ll get access to a website, operated by our third party service provider, in which you can interact with other applicable Program members and Our Market Research team.
- We may show you confidential information related to X, our advertisers, or other partners, and you must be willing to keep those secret.
- You'll be volunteering to help out X and will not be paid, though you may be eligible to receive incentives such as gift cards or other rewards for filling out surveys or completing other tasks.
- You can stop participating in the Program at any time and X may stop operating the Program or cancel your participation in the Program at any time for any reason without notice to you.
In order to be eligible to participate in the applicable Program, you or anyone in your household or immediate family cannot work for a market research company. There maybe other exclusions represented in the recruitment screener. These exclusions exist so that X can meet specific research goals and are not included for any discriminatory purpose. You agree to accurately respond to such recruitment questions.
2. Third-Party Services
In order to participate in the applicable Program, you will be required to register for an account at www.Xinsiders.io or Xinsiders.co.uk for X Insiders and www.creatorinsiders.io for Creator Insiders, which are hosted through our third-party service provider, Alida, Inc. Please use a strong, unique password when creating this account; do not reuse your X password for this purpose. You may also interact with our third party service providers when participating in the applicable Program.
3. Your Feedback
By enrolling in the applicable Program you will have the ability to provide comments, opinion, data, feedback, ideas, suggestions, artifacts (such as photo images sharedon X), and/or other information, that may be photographed, videotaped, audiotaped, webcasted, or otherwise observed (“Feedback”). You may provide this Feedback through participating in questionnaires, surveys, interviews, community discussion forums, online text chats, and other applicable Program related research activities. The Feedback you provide will be accessible to, and maybe reviewed by, the applicable Program team, including our Market Research team and third party service providers. Certain types of Feedback, such as discussion forum posts, may also be viewable by other members of the applicable Program. Internally, your Feedback may be associated with your personal data such as your X username. X retains your Feedback collected during your participation in the applicable Program in accordance with its retention policies.
To fulfill our research goals, X may also combine your Feedback with data about your behavior on X, such as the amount of time you spend on the platform, the posts you post or like, and other types of engagement. By providing Feedback in the applicable Program, you agree that any Feedback you provide is the property of X and you agree that X may use or otherwise exploit all or part of your Feedback or any derivative thereof in any manner or media now known for any purpose without any further remuneration, compensation or credit to you. You represent and warrant that you have the right to enter into this Agreement and assign and grant the rights set forth herein, and that any Feedback which is provided by you here under is original work made solely by you and does not infringe any third party intellectual property rights.
At all times in the future, you must keep confidentialany non-public X information disclosed to you while you are enrolled in and/or participating in the applicable Program (“Confidential Information”). Confidential Information means all information disclosed by X, including, without limitation, documents, designs, techniques, specifications, product plans, advertising creatives, strategic information, existing or prospective business plans, existing or prospective research study or pilot test objectives and/or results, comments and discussions related to any such information provided by yourself or other applicable Program members, and other information shared withyou in the applicable Program. Consistent with the foregoing, X may also disclose Confidential Information related to certain unreleased and experimental product features, product plans, advertiser products, campaigns, or creatives.
You agree to (a) use Confidential Information only for the purpose of participating in the applicable Program; (b) not disclose Confidential Information to any third parties (including the sharing, posting, or other distribution of advertising creatives, product images, or other content); (c) not copy or download any Confidential Information from the applicable Program unless instructed to do so by X; and (d) use the same degree of care, but no less than a reasonable degree of care (including reasonable security measures), to prevent the unauthorized use, dissemination or publication of Confidential Information as you would use to protect your own confidential information of like nature (e.g., you should not share your login credentials or allow anyone else to access your account).
You agree that any breach of this Agreement by you may result in irreparable harm to X, for which damages would be an inadequate remedy and therefore, in addition to its rights and remedies otherwise available at law, X shall be entitled to seek equitable relief, including injunction, in the event of such breach.
5. No Compensation or Employment
You acknowledge that you are participating in the applicable Program on a purely voluntary basis, as a means of assisting, and in consideration of the opportunity to assist X to use, implement, and understand,among otherthings, the effectiveness of the products and services we offer to advertisers and other customers. X makes no guarantee or representation as to whether or not your Feedback will be used. X may provide incentives, such as gift cards or other rewards, for your participation in surveys or for providing other Feedback. It is your responsibility to determine the amount of and pay any taxes or duties associated with the incentives you earn. At any time and for any reason, we may suspend or cancel the incentives. Not withstanding the foregoing, you acknowledge and agree that nothing in this Agreement or in your voluntary submission of Feedback creates any employment relationship between you and X, and that you have no rights to compensation for such Feedback.
6. Term and Termination
You may, in your sole discretion, discontinue your participation in the applicable Program at any time. Our right to use or otherwise exploit your already submitted Feedback (including derivatives thereof) continues after termination of this Agreement, as do your confidentiality obligations and the various limitations on X's liability.
X may, in its sole discretion, at any time, terminate or discontinue the applicable Program, discontinue your participation in the applicable Program, or remove your Feedback, for any reason. You acknowledge and agree that all such decisions by X are final and X will have no liability with respect to such decisions.
Unless otherwise set forth in this Agreement, X may give general notices to you by posting on any X website (e.g., X.com) and, where possible, by electronic mail to your email address.
8. No Warranty from X
YOU EXPRESSLY AGREE THAT YOUR PARTICIPATION IN THE APPLICABLE PROGRAM IS AT YOUR OWN RISK. THE APPLICABLE PROGRAM IS AVAILABLE ON AN "ASIS" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. X EXPRESSLY DISCLAIMS ON ITS OWN BEHALF AND ON BEHALF OF ITS EMPLOYEES, AGENTS, ATTORNEYS, CONSULTANTS, OR CONTRACTORS ANY AND ALL WARRANTIES INCLUDING, WITHOUT LIMITATION (i) ANY WARRANTY OR REPRESENTATION WHATSOEVER REGARDING THE OPERATION OF THE APPLICABLE PROGRAM, THE AVAILABILITY, ACCURACY OR CONTENT OF ANY INFORMATION, SERVICES, OR PRODUCTS PROVIDED OR AVAILABLE THROUGH OR IN CONNECTION WITH THE APPLICABLE PROGRAM, THE X INSIDERS OR CREATOR INSIDERS WEBSITE, X, AND/OR THE X WEB SITE OR ANY RESULTS OBTAINED THROUGH THE USE THEREOF, AND (ii) THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSIONOF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
9. Limitations of Liability
IN NO EVENT SHALL X, INC, ITS AFFILIATES AND SUBSIDIARIES, ITS EMPLOYEES, AGENTS, ATTORNEYS, CONSULTANTS, CUSTOMERS, OR CONTRACTORS BE LIABLE UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, LOST PROFITS, INDIRECT OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF BUSINESS, COST OF COVER WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF X HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN ANY EVENT, X’S, ITS EMPLOYEES’, AGENTS’, ATTORNEYS’, CONSULTANTS’ OR CONTRACTORS’ AGGREGATE LIABILITY UNDER THIS AGREEMENT FOR ANY CLAIM SHALL BE STRICTLY LIMITED TO $100.00. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLYTO YOU. YOU ACKNOWLEDGE THAT X HAS ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY SET FORTH HEREIN AND THAT THE SAME IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL NOT APPLY TO ANYTHING THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.
10. Entire Agreement
Effective July 23, 2021