Terms & Conditions

General

Acceptance

This website is owned and operated by Watch Me Think Pty Ltd (ACN 147 167 020) and its associated entities under the domain name WatchMeThink.com (the Site). The Site is governed by the following Terms and Conditions and any other associated guidelines or policies that may be published by Watch Me Think from time to time. By accessing the Site, you accept all of the terms and conditions in effect at the time of your use.

What this basically means is...

By using this web site you agree to all the terms below.

Purpose

The Site publishes videos, reviews, comments or other content submitted by our Thinkers (the Content). The Content represents the opinions and perspectives of our Thinkers, not of Watch Me Think. Watch Me Think do not endorse any Thinker submission or any opinion, or recommendation expressed in the Content. You should assume Watch Me Think has not independently verified the truth, accuracy, ownership, or integrity of the Content.

 

We want people to upload videos, but we're not responsible for their content.

Changes to the Terms and Conditions

Watch Me Think may, in its sole discretion, change, add or remove any of the Terms and Conditions at any time by posting new Terms and Conditions on the Site without notice to you.

 

We can change anything on this page when we want (so there).

Modifications to the Site

Watch Me Think reserves the right, for any reason, to terminate, suspend or change any aspect of the Site including but not limited to content, features or hours of availability without notice to you. Watch Me Think may impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty.

 

We can change the site and alter what it does and how you can use it, as and when we need to.

Intellectual Property

The registered trademark Watch Me Think may only be used publicly with the permission of Watch Me Think. Nothing contained on the Site should be construed as granting any license or right to use the Content or any information on the Site, including but not limited to the copyrights and trademarks displayed on the Site without the written permission of Watch Me Think (or such third party that may own such materials displayed on the Site).

 

Watch Me Think is our trademark and you have to ask us before using our name or logo anywhere else.

Privacy Policy

Your privacy is very important to Watch Me Think. Users of this Site should refer to our Privacy Policy for information about how Watch Me Think collects and uses personal information.

By accepting these Terms and Conditions you expressly consent to Watch Me Think's disclosure and use of your personal information as described in the Privacy Policy, which is incorporated by reference into these Terms and Conditions.

 

In using this site you also accept our Privacy Policy.

Liability and Indemnification

Watch Me Think will not be liable for any damages that are directly or indirectly related to the use of, or inability to use, the Site. You agree to indemnify Watch Me Think (and its officers and employees) from and against any and all claims, damages, and costs incurred or suffered in connection with any claim arising out of or related to your use of the Site, or your breach of any of these Terms and Conditions.

 

We're not liable for any problems that arise from using/not being able to use this site.

Termination

Watch Me Think, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Site, and remove and discard any content you may have contributed to the Site, at any time for any reason or no reason. Watch Me Think may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of these Terms and Conditions may be effected without prior notice, and acknowledge and agree that Watch Me Think may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files of the Site. Further, you agree that Watch Me Think shall not be liable to you or any third-party for any termination of your access to the Site. Should you object to any terms or conditions or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue your use of the Site and/or request a termination of your account.

 

We reserve the right to remove people and their content from our site.

Forum

These Terms and Conditions are governed by and in accordance with the laws of the State of Queensland, Australia. Any dispute involving Watch Me Think in any way related to these Terms and Conditions or your use of the Site will be heard in the appropriate State or Federal court in Queensland, Australia and you irrevocably consent to the jurisdiction of such courts.

Notices

Any notices are to be given by email to Watch Me Think at thefolks@WatchMeThink.com or to you at the email address you provide to Watch Me Think. Notice will be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid.

 

In creating and using this site, we're all bound by the Laws and Regulations of Queensland, Australia - because WMT was "born" there.

Enforceability

Watch Me Think makes no representations that the content and materials on the Site are appropriate, available or legal in any location outside of Australia. Those who choose to access the Site from outside of Australia do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If any provision of the Terms and Conditions is held to be invalid or unenforceable by a court of competent jurisdiction, then such provision will be enforced to the maximum extent possible so as to effect the intent of the Terms and Conditions, and the remainder of the Terms and Conditions shall continue in full force and effect. The failure by either you or Watch Me Think to exercise or enforce any right or provision of the Terms and Conditions will not constitute a waiver of such right or provision. All provisions in the Terms and Conditions regarding representations and warranties, indemnification, disclaimers, and limitation of liability will survive the termination of these Terms and Conditions.

 

We are only responsible for upholding online content laws and regulations that have been established in Queensland, Australia.

Thinker terms

By submitting video, written, audio or other content to Watch Me Think (referred to as a "Thinker"), you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

A "Thinker Account" is established by you during the registration process and includes creation of a password.

The Thinker Account includes all data captured and maintained by Watch Me Think regarding the Thinker including but not limited to the Thinker's personal information, Site participation history, points tracking, and other participation with Watch Me Think.

You acknowledge that any information entered by you into your Thinker Account, or information collected by Watch Me Think from your activity as a Thinker, is given willingly by you.

Upon creating a Thinker Account, you agree to provide Watch Me Think with a current email address and PayPal account and to update such information immediately upon any changes. You may maintain only one Thinker Account. You are responsible for the confidentiality of your password and Thinker Account, and are responsible for all activities that occur under the Thinker Account.

Further you represent and warrant that you will indemnify Watch Me Think for all claims resulting from Content you supply.

 

You are responsible for what you do on this site, and for the veracity (truthfulness) and accuracy of any information or content provided.

As a Thinker, you agree that you will not:

  • upload, post, transmit, distribute or otherwise publish through the Site any Content or act in ways which, in Watch Me Think's sole discretion: are unlawful, threatening, harassing or profane; 
  • restrict or inhibit any other Thinker from using or enjoying the Site;
  • constitute or encourage conduct that would constitute a criminal offence or give rise to civil liability;
  • upload content containing a software virus or other harmful component, advertising or non-requested commercial solicitation of any kind, mass mailing or any form of 'spam', political campaigning or false or misleading indications of origin or statements of fact;
  • be otherwise harmful to the community.

You must act responsibly and with respect for other users of this site.

You should not provide any personal contact information (e.g., address, phone number, etc.) of yourself or anyone else in any Content you post through the Site. You should be aware that if you voluntarily disclose personal information, such information can be collected and used by others. Watch Me Think takes no responsibility for any personal information posted by you in materials you submit for posting on the Site.
You grant Watch Me Think the right to use your personal information as described in the Privacy Policy.

We are not responsible if you disclose personal information about yourself via your videos or video comments/descriptions.

All Thinkers submitting Content must be at least 18 years of age or have the approval of their Parent or Legal Guardian if under the age of 18. Parents/legal guardians submitting Content may include their children at their own discretion and hereby agree to hold Watch Me Think harmless from any claims resulting from such inclusion.

You have to be 18 or older, or get appropriate permission from a relevant adult, before you join Watch Me Think.

Copyright & Confidentiality

You agree that you will not disclose to any third party any information received by you during the course of a client brief, including the tasks involved, questions asked, format, the methodologies used and anything or matter whatsoever. You agree that will you not store, copy, reproduce, transmit, distribute, modify, publish or broadcast any such content or information except as is specifically required for use in the research. You will keep all such material confidential.

To eliminate potential bias, Thinkers or their immediate family members cannot be affiliated with a company that sells, distributes, or is otherwise affiliated with the product or service featured in the Content. The Thinker or immediate family members cannot be affiliated with any product or service that competes with the product or service featured in the Content. Content must be created solely and expressly for Watch Me Think and be your original creation.

 

If you are invited to take part in private briefs, you must keep the information provided confidential.

Receiving and Publishing of Content by Watch Me Think

Watch Me Think is not responsible for the failed submission of Content to Watch Me Think for any reason, including without limitation technical failure by Watch Me Think (e.g., browser time-out, server failure, etc.).

By accepting or allowing you to submit Content to the Site, Watch Me Think is not obligated to publish the Content and reserves the right not to use, display or make available to the public or third parties, the Content for any reason in Watch Me Think's sole discretion. Watch Me Think reserves the right to remove from the Site any previously published Content for any reason and at any time in its sole discretion.

 

If we stuff up and we lose your video. We're very sorry, and we are idiots, but as usual, we are not responsible :-)

We also don't have to publish a video if we don't want to (but you can ask us why).

Ownership of Content

In exchange for the consideration provided to Thinkers by Watch Me Think, pursuant to the Watch Me Think Rewards Program, Thinkers agree and acknowledge the receipt and sufficiency of which is hereby acknowledged, that by submitting Content (including any videos) to Watch Me Think, to the extent that the Content constitutes copyrightable subject matter, the Thinker agrees that the Content will be a "work made for hire" under the copyright laws and that Watch Me Think will be the author and owner of the Content.

With "work made for hire," the Thinker assigns permanently and irrevocably to Watch Me Think any and all copyright rights in and to such Content, including without limitation all extensions, renewals, and reversions of copyright and waives any and all moral rights in connection with the Content.

The Thinker also agrees to irrevocably assign, transfer and convey the entire ownership, right, title, and interest in any and all other intellectual property and other rights in and to the Content (including, without limitation, all ideas, know-how and techniques in the Content) to Watch Me Think. Accordingly, upon acceptance of these Terms and Conditions, Watch Me Think will have the exclusive and entire ownership of and copyright in the Content.

In the event that ownership of the Content remains with the Thinker, you agree to grant Watch Me Think a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media without any compensation to you.

 

We have the rights to use/re-use any content you upload/post to the site, however we want.

Rights and Usage of Thinker Content by Watch Me Think and other Third-Parties

Any Content submitted to Watch Me Think may be used for any purpose by Watch Me Think, its related entities, agencies or any third party approved by Watch Me Think (including product manufacturers or retailers) and may be posted on any media for public viewing, comments and rating. For purposes of clarity, Content (or any portions or derivative works) submitted by Thinkers may be used on third party websites including ecommerce, video sharing, social network and manufacturer sites in print, online, television, radio or any other media.

Cancellation or Revocation of Thinker Accounts

If any Thinker breaches these Terms & Conditions, Watch Me Think may, in its sole discretion, cancel, revoke, modify or otherwise amend a Thinker Account. This may result in the Thinker forfeiting any accumulated or due points, as well as be pursued for other legal remedies.

 

We also have the rights to use that content wherever we want. But if that means a video entering the public domain, we will endeavour to seek your permission first, and you can refuse if you so wish.

Thinker Rewards

All Thinkers are eligible to participate in the Watch Me Think Rewards Program.

The Watch Me Think Rewards Program will allocate points and cash bonuses to Thinkers based on the quality of the Content they upload to the Site.

Details of the Watch Me Think Rewards Program are set out within this website. The quality of the Content and the points allocated will be determined by Watch Me Think at its sole discretion but based on the quality of the content and the feedback received from clients.

Watch Me Think may at its sole discretion change the Rewards Program and these changes may include but are not limited to changing the criteria for the allocation of points, changing the calculation of the "pot", and changing the way in which the "pot" is distributed between Thinkers.

 

We will reward you with cash for all published content. However the method of awarding that cash and the amounts that are paid out may vary at our discretion.

Watch Me Think uses PayPal to make payments to you.

A failure to provide a correct PayPal account by the time the pot is shared between the Thinkers in any given quarter will result in the points and associated cash rewards being forfeited.

Because you are classified as a "supplier of services" to Watch Me Think, PayPal will take a % cut of any payment we make to you. As far as we are aware, it is against PayPal's Terms of Service for us to cover that charge for you. Therefore Watch Me Think cannot be responsible or liable for any charges made by PayPal when we pay you for your services as a Thinker.

Watch Me Think pays out money in Australian dollars. This will be convereted to your preferred currency. Watch Me Think cannot be held responsible for fluctuations in currency exchange rates set by PayPal between the award being made and your payment being received.

We use PayPal to pay you.

If you fail to enter your PayPal account into your Watch Me Think profile, you may forfeit your earnings when we attempt to pay you.

We cannot be responsible for any charges that PayPal imposes on you as a supplier of services to Watch Me Think (it's in their rules, not ours).

We're also not responsible for any currency fluctuations.

Watch Me Think reserves the right to disqualify, refuse to allocate points, not accept or not publish any Content for any reason, in its sole discretion.

The decisions of Watch Me Think are final and binding. Watch Me Think may or may not communicate such reasons for disqualification to the contributing Thinker.

Thinkers are responsible for verifying the accuracy of the point balance in their Rewards Program account. Any discrepancies, including unauthorized award claims or erroneous point awards must be reported to Watch Me Think within 30 days from the date the change is made to the account, or will not be reviewed. Points are for the sole redemption of the submitting Thinker and may not be transferred between Thinkers. Points may not be sold, bartered or purchased. All questions or disputes regarding eligibility of points for accrual, conversion of points or redemptions of rewards will be resolved by Watch Me Think at its sole discretion.

Please keep an eye on what we award/pay you - this is your responsibility. If you feel there has been a mistake at any time, let us know.

All federal, state and local taxes for any reward or incentive received by a Thinker, if any, are the sole responsibility of the Thinker.

Thinkers should consult with their tax or legal advisor on the appropriate reporting and treatment of any incentives offered by Watch Me Think.

If you need to pay tax on what you earn with this site, that is your responsibility.

Emails that we send out

Watch Me Think sends emails to the Thinkers who match the criteria to answer specific briefs, asking them to apply to take part. By registering with Watch Me Think you agree to receive these emails. This is because they are integral to the operation of Watch Me Think as a business. It is NOT possible to opt out of receiving these emails.

You can opt-out of receiving all other communications from Watch Me Think, such as newsletters, by modifying your preferences in your account.

If you do not wish to receive Brief Alert Emails you must terminate your account with Watch Me Think.

We have to send you alerts about new briefs - they are the life-blood of the business - and so you can't stop receiving them unless you terminate your account.

You can however chose not receive all other types of communications from us. Not a problem there.