Program Participation

Terms and Conditions

The focus group, interview, or playtest program (“Program”) in which you are participating is sponsored by ZAM Network LLC (“ZAM”).  By participating in the Program or accepting an Award (as defined below), you agree to these Program terms and conditions (“Program Terms”).

 

  1. Eligibility. The Program is open and offered only to legal residents of the fifty (50) United States and the District of Columbia (including or excluding any jurisdictions as may be further specified on the Program webpage), who are sixteen (16) years of age or older as of the date of entry, and satisfy the Program Requirements (as defined below) (each an eligible “Participant”).  Participants under the age of eighteen (18) must have permission from their parents or legal guardians to participate.

 

In order to be eligible to participate in the Program, you must: (i) have a computer and/or smartphone with sufficient internet connection, camera, microphone and speakers to support remote video and/or voice chat; (ii) be invited by ZAM to participate in a focus group, interview, or playtest; and (iii) schedule, attend and participate in such focus group, interview, or playtest with ZAM (the “Program Requirements”).  

 

  1. Participation in the Program. The Program will take place via phone call, digital meeting software, or other telecommunication as specified by ZAM.  Your participation in the Program is entirely voluntary and you may end your participation at any time with notice to ZAM.  You understand and agree that if you end your participation without completing the Program Requirements, you will not receive an Award.  Subject to applicable law, ZAM reserves the right to withdraw, vary, suspend or terminate the Program at any time, without advance notice.

 

During the Program, Participants may provide ZAM with feedback, comments and suggestions for improvements to the Program, in addition to your input for the focus group, interview or playtest (“Feedback”).  You acknowledge and agree that all Feedback you provide will be the sole and exclusive property of ZAM, and you hereby assign to ZAM and agree to assign to ZAM all of your right, title and interest in the Feedback including all worldwide intellectual property rights therein.  At ZAM’s request and expense, you will execute documents and take such further acts as ZAM may reasonably request to assist ZAM to acquire, perfect and maintain its intellectual property rights in the Feedback.

 

  1. Confidential Information. For purposes of the Program Terms, “Confidential Information” means and will include any information, materials or knowledge regarding ZAM and its business, financial condition, current, future and proposed products and services, programming techniques, customers, suppliers, technology or research and development that is disclosed to you or to which you have access in connection with participating in the Program and anything you discuss as part of or, in connection with, your participation in the Program.  Confidential Information will not include, however, any information that ZAM regularly gives to third parties without restrictions on use or disclosure.  You agree to hold all Confidential Information in strict confidence, not to use it in any way, commercially or otherwise, except in connection with participating in the Program, and not to disclose it to others.  

 

  1. Award.  Upon completion of the focus group, interview, or playtest component of the Program Requirements, you may receive an award as described for the specific Program in question (“Award”).  ZAM will use all reasonable efforts to deliver Awards in a timely fashion.  An Award may be subject to its own terms and conditions of use.  All Awards are subject to availability; and ZAM reserves the right to substitute an Award of equal value.  No cash alternative available.  Except for this one-time Award, you will not be entitled to any other compensation, payment or other consideration for participating in the Program.  You will also not be entitled to accrue any personal time off benefits, of healthcare benefits, stock options, or any of the other benefits that ZAM may make available to its employees.

 

  1. Recordings and your Appearance. You grant to ZAM a worldwide, non-exclusive, perpetual, irrevocable, royalty-free right, license, permission and consent with the right to sublicense: (a) to interview you, make audio and visual recordings and photographs of you in connection with and during your participation in the Program (the “Recordings”), and (b) to use and distribute to ZAM’s affiliates your name, likeness, image, voice, and biographical information, including any experiences described by you during the Program (collectively, your w“Appearance”), as embodied and/or fixed in the Recordings, in or by means of any format or media now known or later created.  You hereby release ZAM and its affiliates, and each of their officers, board members, agents, and employees, from any claims or actions of any nature based upon or arising from your participation in the Program or use of any Feedback, the Recordings or your Appearance as fixed therein, including any claims of defamation, invasion of privacy, or infringement of moral rights, rights of publicity or copyright.

 

  1. Warranties; Warranty Disclaimer.  By participating in the Program, you represent and warrant that you have obtained any appropriate or required approvals to participate and receive an Award, and your acceptance of the Award is at your sole discretion.  All Participants are responsible for compliance with any applicable federal, state, or local laws, rules and regulations, contractual limitations and/or office policies, if any, regarding participation in the Program or acceptance of an Award.  Participants are solely responsible for any applicable taxes connected with the Award.  

 

ANY SOFTWARE OR PRODUCT PROVIDED (IF ANY) TO YOU IN CONNECTION WITH THE PROGRAM OR OTHERWISE ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND.  ZAM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  IN NO EVENT WILL ZAM BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE PROGRAM TERMS, EVEN IF ZAM HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.  To the extent allowed by applicable law, ZAM shall not be liable for any delay, loss, damage, distress or inconvenience for or arising from the Program, including any Awards.

  

  1. Privacy. Personal data will be processed in accordance with ZAM’s Privacy Policy, which can be located at https://corp.fanbyte.com/legal/privacy, and as may be more specifically set forth in these Program Terms.

 

  1. Miscellaneous.  These Program Terms and any additional terms specific for a particular Program, comprise the complete and exclusive agreement between the parties with respect to its subject matter and supersedes all prior or contemporaneous agreements, communications and understandings, both written and oral, with respect to its subject matter. If we need to update these Program Terms, we’ll let you know by communicating the updated Program Terms to you and giving you the opportunity to agree to them.  Nothing in these Program Terms is intended to create a partnership, agency, joint venture or employment relationship between you and ZAM.  Either party’s failure to enforce any provision of these Program Terms will not constitute a waiver of future enforcement of that or any other provision.  These Program Terms will be governed by the laws of the State of California, without regard to its conflict of laws provisions.  Any legal action or proceeding arising under these Program Terms will be brought exclusively in the federal or state courts located in Los Angeles County, California and the parties irrevocably consent to the personal jurisdiction and venue therein.  If a court of competent jurisdiction holds any provision of these Program Terms to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the rest will remain in full force and effect.  A breach of these Program Terms will cause irreparable harm for which money damages are insufficient.  Such a breach will entitle ZAM to injunctive relief in addition to all other remedies that may be available at law, inequity or otherwise.  You may not assign or transfer these Program Terms without the prior written consent of ZAM.  ZAM may freely assign or transfer these Program Terms without your consent.  Any purported assignment or transfer in violation of this paragraph is void.  Subject to the foregoing, these Program Terms are binding upon and will inure to the benefit of each of the parties and their respective successors and permitted assigns.

 

 

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