Membership Terms and Conditions

The Audience

The Audience is an online community of people who have an interest in the film and cinema world. Ranging from real movie buffs to those with a passing interest that attend from time to time. We’ll ask for your thoughts and opinions on a variety of topics, from blockbusters to popcorn flavours, and everything in-between! In return, we’ll give you the opportunity to win some amazing prizes just for talking to us!


Benefits of joining

Joining The Audience is free, but it is an online community so access to the internet is required. Complete an activity and you will receive an entry into a prize draw for that month. Complete another activity in that month and you’ll receive another entry into that prize draw, and so on, and so on. We also occasionally have additional prize draws for the chance to win film related prizes such as film premiere tickets.

These Membership Terms set out the general terms and conditions, which may vary from time to time, in relation to joining and being a member of The Audience, including if you join, your participation in surveys and other research programmes or initiatives.


Terms:

Definitions:

“Child” means a Member aged between 13 and 15.

“Communications” means all comments, feedback, suggestions, ideas and other information that you submit, or we collect when you participate in surveys and/or use the platform.

“Community” means the group of individuals who have agreed to join and participate in market research surveys or other research activities on the platform.

“Intellectual Property Rights” is defined in clause 5.

“Member (s)” means you or another individual who has successfully signed up to join the community.

“Party” means you or us as applicable.

“Personal Data” has the meaning set out in GDPR and the Personal Data Act 2018.

“Platform” means the websites and applications (as appropriate) provided by us that permits you, as a member, to participate in surveys or other research activities and interact (age permitting) with other members of the community for the purposes of conducting market research.

“Surveys” means market research surveys made available by us to you.

“us” / “we”/ “our” means Universal Pictures International UK & Eire Limited

“you” /” your” means you as an individual.


1. Applicability:
These Membership Terms apply when you start to interact with the platform in addition to the following policies:

In the event of a conflict, these Membership Terms shall apply.


2. Eligibility:
 Membership to The Audience is open to residents of the United Kingdom (above the age of 16 and for children aged between 13 and 15 with parental consent) who go to the cinema and do not work in the film or market research industry. By agreeing to become a member, you agree to these membership terms and to receive e-mails or other correspondence inviting you to participate in surveys and other market research activities. An e-mail address can only be used by one person. Once you have joined, you can always decide to leave (see Clause 9).

As this is based on an online activity, access to the internet will be required. Please ask whoever pays the bill for the internet connection before participating.


3. How to Register:
 Click here - You must provide certain information about yourself such as your name, age (you must be aged 13 years old and above to participate and any child aged 13, 14 or 15 must have parental consent to participate), household makeup, work industry and tv or cinema preferences to ensure that you are eligible to join and, if so, to gain background and better understand your opinions. The information you provide must be true, correct and complete. We reserve the right to de-activate, terminate or suspend your access to the platform or participation in surveys or other market research activities if you provide information, or we have reason to suspect that the information you have provided, is not true, correct and complete or you have breached these Membership Terms and Conditions. Your account is not transferrable. Your account is personal to you and may not be used by anybody else. You are responsible for keeping your username and password confidential.

You may only open one account per person however, you may be a parent of a child aged 13, 14 or 15 who will use your email address to create their own account should they not have their own email address. This means you (the parent) cannot your own adult account with the same email.

If you are aged between 13 and 15, we will require parental consent and your parent will need to approve your account.

We will not be liable for any unauthorised use of your account, which includes unauthorised use of your email, address, and password.


4. Your Conduct:
 Once you are a Member, you become part of the community and therefore you will be required to behave responsibly. You are responsible for all actions and communications undertaken or transmitted from your account.
The Audience relies on accurate data that reflects the true opinions of its Members. As a Member, you agree to provide truthful and well-considered answers when participating in our market research activities.

As a Member you agree not to:

  • Disrupt, interfere with the security of or otherwise abuse the service, surveys or platform or any other related service to The Audience.
  • Disclose or use any content, or knowledge from the surveys and/or platform outside of the platform
  • Collect, download, or otherwise use any personal data of other members of The Audience outside of the platform and for any other purposes other than to engage in market research activities; 
  • open, use, or maintain more than one (1) membership account;
  • use or attempt to use another member’s account, without authorisation, or create an account with a false identity;
  • attempt to obtain unauthorised access to any areas of the platform that are restricted from general access;
  • post or transmit any threatening, libelous, defamatory, obscene, pornographic, lewd, scandalous, or inflammatory material or content;
  • use any foul, abusive or obscene language on our sites or in any of your communications;
  • engage in any fraudulent activity, including, but not limited to, speeding through surveys, taking the same survey more than once, submitting false information during the registration process, submitting false or untrue survey data and/or accessing websites or online campaigns with the sole intention to provide a misrepresentative impression of your behaviour;
  • encourage and/or advise any individual, including, but not limited to members, or any of our employees or agents, to commit an act in conflict with the Membership Terms.
  • engage in any criminal or illegal act(s) which may be linked to your membership, our platform, or surveys;
  • use spiders, robots or other automated data mining techniques to catalog, download, store, or otherwise reproduce or distribute data or content available in connection with the platform, its services, or in other ways manipulate the result of a survey;
  • send or transmit any viruses, corrupted data, or any other harmful, disruptive, or destructive code, file, or information, including, but not limited to, spyware, malware and trojans;
  • reverse engineer any aspect of the platform or take any acts that might reveal or disclose the source code, or bypass or circumvent measures or controls utilized to prohibit, restrict or limit access to any webpage, content or codes;
  • link or frame a portion(s) of our platform or survey and display it on another website or media or alter the appearance of any page or survey without our prior written consent.


5. Intellectual Property:
 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 platform, surveys and/or in any communications are subject to intellectual property rights (including but not limited to copyrights, trademarks and patents or the right to apply for their registration) held by or licensed to us, who are the respective owner of, or controls, such intellectual property rights (“Intellectual Property Rights”).


As a Member, you will be exposed to such Intellectual Property Rights for the purposes of answering surveys or other market research but you are not granted any rights to the intellectual property rights and all intellectual property rights are expressly reserved. You also acknowledge and agree ownership rights, and other intellectual property and proprietary rights in the platform and communications shall remain vested in us. This means you cannot use, reveal, download, copy, distribute, or reproduce (including but not limited to posting to any website, social media or blog) the content or intellectual property rights on this platform.


Please be advised that legal action may be taken in the event any unauthorised use of the intellectual property rights is traced back to you.
You must abide by all copyright notices, information, or restrictions contained in any surveys or communications at all times.


6. User Generated Content:
 As an adult Member, you have the opportunity to participate in surveys and other market research activities, as well as interact with other Members.

As a child Member, you will only have the opportunity to participate in surveys and quick polls. Please note that a Child’s account will not have the functionality to interact with other community Members for safety reasons.
You are fully responsible for your answers and submissions and posts (including but not limited to text, images, photographs and sounds) and communications. Therefore, you must not infringe any third party’s intellectual property rights and where appropriate sought the relevant approvals to use.

Any and all survey responses, data, information and posts provided by a member, becomes our intellectual property rights. You understand and acknowledge that any materials, ideas or other communications you transmit in any manner and for any reason will not be treated as confidential or proprietary. As a Member, you hereby agree to assign any intellectual property rights owned by you to us and waive all moral rights. Nothing in these Membership Terms will diminish any Intellectual Property Rights which already vest us.

We have the right, but not an obligation, to delete, remove, or edit your user content, which we, at our sole discretion, deem to: (a) violate these Membership Terms; (b) violate any intellectual property rights; or (c) be abusive, defamatory, obscene, or otherwise unacceptable.

We do not endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on forums, blogs or otherwise contained in the Platform. Any information or material placed online, including advice and opinions, are the views and responsibility of those who post the statements and do not necessarily represent the views of us. You agree that we are not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that breaches these Membership Terms.


7. 
Confidentiality: As a Member, you will be exposed to some new products and innovative ideas and we ask that you do not share any of the information relating to the research activity in which you participated, via any medium. If we have reason to believe you have shared material containing such confidential intellectual property outside the context of the research activity, your membership may be terminated, and we reserve all our rights.


8. Privacy: 
If you decide to join the Community via the Platform, we will need to collect and process your Personal Data both as part of the registration process (per clause 3) and later on when you participate in surveys and other research activities. We have carefully tailored questionnaires to ensure we do not collect sensitive or irrelevant data from children aged 13, 14 or 15. Children will not be able to have any discussions or interactions with other members of the Platform.


Although we are the controller of your Personal Data (i.e., the organisation responsible for it under privacy law), we share it with two companies called Research Bods and Sparkler who are our processors and help us maintain the platform, design and create research activities, and assist us with any technical issues, among other things.


If you are lucky enough to win a prize in a prize draw, we may also share your details with a third party solely for the purposes of allowing them to deliver the prize to you.


We share your Personal Data with these companies in accordance with privacy laws and we have contracts in place to ensure they secure your data and do not use it for any other purposes.


We will periodically ask you to update your Personal Data (including some of the demographic details in the onboarding questionnaire) to ensure we hold the most accurate information about you. However, if you would like to correct your details at any time, or would like to exercise your data access, objection, or deletion rights, please email support@theaudienceonline.co.uk.


Note that a Personal Data deletion request will impact your Membership rights, including not having access to the Platform or the ability to participate in any research activities or polls; forfeiting any potential prizes; and, where applicable, having your Personal Data blanked out from any existing comments you may have left on the Platform. It may take a few days to complete the deletion request and during such time, you may continue to receive email messages from us that were created or compiled prior to us actioning your request to leave The Audience.


If you are unhappy with the volume of emails communications, we send you, you can adjust your preferences and choose not to receive any (but remain an active Member of the Community). To do so, just go to ‘View My Profile’ and then the ‘Opt out’ section where you can untick the box to receive email communications.


You can learn more about our Personal Data practices in our privacy policy here.

You have the right to complain about our handling of your Personal Data to the UK Information Commissioner’s Officer, although we hope that you will talk to us first, so that we can address any questions or concerns you may have.

9. Termination, Suspension and De-Activation: 

a) Account Closure: If you want to leave the Community at any stage (although we genuinely hope you won’t!) you can do so at any time. Just go to ‘View My Profile’ and then click on ‘Close Account’. You can also email us at support@theaudienceonline.co.uk.

If you chose to leave (by using the ‘Close Account’ functionality), we will archive the Personal Data associated with your account for a period of 12 months to preserve the integrity of research results, after which we will delete or anonymise it. During the 12-month archive period, you will not have access to the Platform or the ability to participate in any research activities; we will not send you any email communications inviting you to take part in activities or polls; where applicable, your name will remain visible on any message boards, and your survey results will remain stored in our database.

If you decide you would like to re-join the community during the 12-month archive period, please use support@theaudienceonline.co.uk and we can look at re-activating your account for you. We may send you a one-off communication before the end of the archive period, notifying you of the imminent deletion of your Personal Data and giving you an opportunity to remain an active member of the community.

If you want to re-join the community after the 12-month (archive) period of you initially leaving, you’ll have to sign up afresh by filling out the initial questionnaire.

After your account has been archived for 12 months, we will delete your account completely which means we will delete or anonymise your Personal Data and, where possible, any comments previously left by you in the Platform will be blanked out (on occasion the comment may be left but your name blanked out).

Please note that it may take a few days to complete the leave request and during such time, you may receive messages from us which were created or compiled prior to actioning your request to leave The Audience.

If you leave The Audience within a month where you have participated in an activity, you forfeit any right to prizes if you win.

If you would like to exercise your Personal Data deletion rights, please see Section 8 above.


b) Inactivity: If you have been inactive for 6 months or more, we reserve the right to mark your account for Account Closure, following the procedure described in clause 9 (a) above. If we do this, will give you sufficient notice to give you an opportunity to remain an active member if you choose to.

c) Termination: In addition to any and all other remedies available to us, we may, without notice, suspend and/or terminate your use of and access to the platform or terminate your membership if we believe in our sole discretion that you are in breach of these Membership Terms. If we terminate or suspend your right to use the Platform and/or Your Membership: (a) You forfeit all rights, title, and interest in and/or to all unredeemed rewards, incentives, and/or prizes, effective upon termination; (b) Membership to The Audience will immediately be canceled; (c) Your access to and use of the platform will immediately cease; and (d) You will not be allowed to participate in any future surveys offered through the platform. This means we will keep a record of some of your Personal Data such as name and email to ensure that you cannot re-join in future.


10. Disclaimers and warranties:
 As a Member you warrant and agree that joining The Audience and use of the platform and participation in surveys and other market research activities is at your own risk.

The Audience and platform (including its activities) is provided on a strictly "as is" and "as available" basis, without representation or warranty of any kind. Where our platform contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.

To the extent permitted by applicable law, we expressly disclaim any and all express, implied and statutory warranties regarding the Platform, information, services or goods provided by or through the Platform (other than those incapable of exclusion by law), including, but not limited to:

  • The implied warranty of merchantability;
  • The implied warranties of fitness for a particular user or purpose; and
  • Non-infringement.
  • Services will be error free or uninterrupted
  • the accuracy, reliability, or content of any information, or services provided through the Platform


No advice or information, whether oral or written, obtained by a member from us or our partners shall create any warranty not expressly made herein.
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Platform.


11. Limitation of Liability:
 We nor our officers, directors, stockholders, subsidiaries, employees, agents, licensors, affiliates, or other third-party providers shall be held liable for any damages or losses, whether direct, indirect, incidental, special, consequential or exemplary damages resulting from:

  • The use or inability to use the Platform
  • The cost of procurement of substitute goods or services;
  • Any transaction entered into or through the platform that is not with us
  • The reliance on or use of any information, goods, services or merchandise provided on the Platform;
  • Unauthorised access to or alteration of member's transmissions or data (to the fullest extent permitted by law);
  • Statements or conduct of any third party; any claim attributable to errors, omissions or other inaccuracies in the platform and/or materials or information retrieved through the Platform; or
  • Any other matter relating to the members or these Membership Terms.


If this limitation of liability provision shall be deemed unenforceable, either in whole or in part, then such parts as are unenforceable shall be deleted, the remaining parts shall remain in full force and effect and our liability shall be limited to the greatest extent permitted by law.

Nothing in these terms shall exclude or limit our liability for death or personal injury arising from our negligence.


12. Indemnity:
 You agree to indemnify and hold us and our subsidiaries, predecessors, successors, affiliates, officers, directors, employees, agents, licensors, suppliers, co-branders, third-party providers, clients, partners, reward partners or other partners, harmless from and against any and all claims, losses, liabilities, costs (including court costs), fees (including legal fees), damages and expenses that such parties may incur as a result of, due to, or arising whether directly or indirectly out of the negligent or willful violation by you (or anyone acting under your account or password) of these Membership Terms or the use or misuse of the platform by the member (or anyone acting under member's account or password), or the violation of any rights of another by member (or anyone acting under member's account or password).


13. Additional terms:
 We reserve the right to post, from time to time, additional terms of usage that apply to specific parts of the platform. Such additional terms will be posted in the relevant parts of the platform. Your continued use of the platform constitutes your agreement to comply with these additional terms.


14. Notices:
 Except as provided above with respect to modifications of these Membership Terms, we may deliver notices to you by prepaid certified mail to the address you provided during registration (as updated from time to time), or via email at the email address you provided to create your account; any such notice shall be deemed effectively given upon delivery.

Member may give notice to Us by prepaid certified mail at the following address: Central St Giles, St Giles High Street, London, WC2H 8NU Attn: Theatrical Legal Department, and any such notice shall be effective upon receipt.


15. Status:
 Nothing in these Membership Terms will create or be construed as creating a partnership, joint venture, a contract of employment or relationship of employer and employee, or a relationship of principal and agent between us and you.


16. Rights of Third Parties:
 Nothing in these Membership Terms will confer any benefit on any person who is not a party to the Contract and accordingly the Contracts (Rights of Third Parties) Act 1999 will not apply.


17. Assignment and Sub-contracting:
 You shall not assign or sub-contract your responsibilities in whole or in part without out prior written consent. Sub-contracting will not relieve you of your obligations under these Membership Terms.


18. Waiver:
 The failure by either party to exercise any right or remedy will not constitute a waiver of that right or remedy. No waiver by you will be effective unless it is communicated to us in writing. A waiver of any right or remedy arising from a breach of these Membership Terms will not constitute a waiver of any right or remedy arising from any other breach. We reserve the right at our absolute discretion to waive any provision or part of these Membership Terms which impose an obligation on you without obligation to notify you.


19. Severability:
 If any condition, clause or provision of these Membership Terms (which is not fundamental) is held to be unlawful, invalid or unenforceable by a court or tribunal in any related proceedings, the validity or enforceability of the remainder will not be affected.


20. Governing Law and Jurisdiction:
 The formation, interpretation and validity of these Membership Terms will be governed by English law and you submit to the exclusive jurisdiction of the Courts of England and Wales.

How to contact us: For any queries or for member services please contract the team by e-mailing us at support@theaudienceonline.co.uk