Member Agreement/Terms and Conditions
You have been invited to participate in an online market
research project (the “Community”) conducted by C Space Corporation (“C Space”)
on behalf of its client (“Sponsor”). For
more information about C Space, see its web site at http://www.cspace.com. For more information about the Sponsor,
please refer to your Community. In some
Communities, the Sponsor will remain anonymous.
In order to participate in the Community, we ask that you read,
understand and agree to the important Terms and Conditions (“Terms” or
“Agreement”) below, as these Terms govern your access to, use of, and
participation in the Community. Your use
of the Community is also subject to C Space’s web site Terms of Use,
available at https://www.cspace.com/terms-of-use/.
Your
Community Account
Please do not share your Community login credentials with
anyone. You received your invitation to
participate in the Community based on specific criteria, and the invitation was
meant for you only. Your inclusion in
the Community was based on information you have provided that meets Community
selection criteria. C Space may
terminate your access to the Community or to your account without notice to you
at C Space or the Sponsor’s discretion, including if : (i) you share your Community login credentials with anyone,
(ii) you misrepresent information relevant to the Community selection criteria,
(iii) you violate the Community Code of Conduct, (iv) the market research goals
of the Sponsor change, (v) you fail to actively participate in Community
activities, or (vi) you fail to comply with any of the Terms.
Community Code of Conduct
The Community Code of Conduct (the “Code of Conduct”) governs
your participation in, and use of, the Community. The Code of Conduct is designed to ensure the
Community is a safe and comfortable environment for all members. If you violate the Code of Conduct, your
Community account may be suspended or terminated.
·
While participating in the Community you agree to respect the
rights of the other members to use the Community as intended.
·
Only those who are members of the Community may access it.
·
You or anyone in your household or
immediate family may not work for a market research company. There may also be other employment exclusions
represented in the recruitment screener for your Community. These exclusions exist so that C Space
and/or the Sponsor can meet specific research goals, and are not included for
any discriminatory purpose. You agree to
accurately respond to such recruitment questions.
·
You agree not to upload, post or
otherwise distribute any other member’s personal information on the Community.
·
You agree not to violate or infringe any rights of third parties
(including copyright, trademark, rights of privacy or publicity or any other proprietary
right), or violate any applicable laws or regulations.
·
You agree not to post any material that: (i)
restricts or inhibits any other user from using the Community, (ii) contains a
virus, malware or other malicious component, (iii) is offensive or defamatory,
or (iv) is a form of advertising, or commercial solicitation.
·
You agree not to copy or download any material from the
Community unless instructed to do so by a Community Facilitator.
You understand that the
Community is not a forum for seeking or giving medical advice, and C Space
and the Sponsor cannot guarantee the privacy and/or accuracy of any medical
information shared on the Community. This Community is not intended, and shall
not be used, as a substitute for professional medical care. Only a qualified medical professional can
diagnose and appropriately treat your symptoms or medical condition.
THE COMMUNITY IS NOT THE
APPROPRIATE FORUM TO DISCUSS OR REPORT possible side effects, product safety
concerns, or complaints regarding medical, pharmaceutical or any other product
quality.
If you would like to report any side effects you may be
experiencing or have any questions about a pharmaceutical or medical product
please contact MedWatch – the Food and Drug Administration (“FDA”) Safety
Information and Adverse Event Reporting Program at 1-800-332-1088 or access
online reporting. If your Sponsor has been identified to you,
information about how to report these concerns directly to the Sponsor may be
located at the bottom of the Community Homepage.
You
further understand that you should refrain from making any comments or
references to “off-label” uses (uses which are not within the FDA-approved
indications or labeled conditions of use of any medical or pharmaceutical product).
Topics and activities initiated by C Space and the Sponsor
in the Community are for research purposes only and should not be construed as
an endorsement or promotion of any of the products or services discussed. C Space and the Sponsor cannot prevent or
screen content provided by you or other members of the Community prior to it
being posted for general viewing, and while members are welcome and indeed
encouraged to start their own activities on relevant topics of interest, C Space and the Sponsor DO NOT ENDORSE
any member postings, including any postings regarding the off-label use of any
medical or pharmaceutical products.
For Community Members Located
In China
For members of the Community located in China, you agree: (i) not to upload, post or transmit to or distribute or
otherwise publish through the Community any materials that violate the
Regulation of Online Bulletin Management; and (ii) not to post any materials
that oppose the fundamental principles of the Chinese Constitution, are or
potentially would be against national security or public order, harm the
reputation or interests of the state, incite ethnic hatred or racial
discrimination, undermine state religious policy, or disclose national confidential
information, disseminate rumors or disrupt social stability, insult or libel a
third party, or disseminate obscene and violent information. For members and/or Communities for which
Chinese law is applicable, C Space and/or the Sponsor may review, retain,
and report certain activities that fall within the preceding categories and
C Space and/or the Sponsor may keep a record of member details, content,
and user information for a time period required by law.
Privacy
As part of your participation in the Community, you will be
asked to answer certain questions and participate in various activities. In some cases, you may be asked to provide
personal contact information, such as your name, address, and email
address. In addition, we may collect
sensitive personal information (e.g. ethnicity, income, education, etc.) for
the purposes of creating a balanced Community reflective of the consumer
population. This information will not be
used for any discriminatory purposes.
You do not have to answer any question or submit any sensitive personal
information if you are not comfortable.
Any information you provide may be used in the following ways:
a)
to determine whether you meet the criteria for a Community;
b)
to communicate with you regarding your participation in a
Community;
c)
for market research conducted on behalf of the Sponsor through
your Community; and
d)
to
analyze, evaluate and/or improve C Space’s services and market research
tools.
Your personal information may be disclosed to the governments,
courts, law enforcement or regulatory agencies under a lawful order in a
jurisdiction where you are resident or where your personal information is
stored and/or processed.
C Space will only use your personal information in
accordance with the terms of this Agreement and C Space’s Privacy Policy,
a copy of which is available at https://www.cspace.com/privacy_en-us/. Your personal information will not be shared
with the Sponsor. In most cases, your
Community activities are shared with the Sponsor only in aggregate form, and
are not combined with your personal contact information (such as your full name
or email address). C Space may,
however, combine and include in reports to the Sponsor any of the content you
submit to the Community, including: quotes; photos; videos; community activity
participation information. In some
cases, C Space may also share your personal contact information with the
Sponsor or the Sponsor may have direct access to the Community. In these circumstances, your personal
information may be handled in accordance with the Sponsor’s Privacy Policy, a
copy of which will be made available through your Community. Your personal information will only be used
for the purposes set forth in this Agreement.
If C Space or the Sponsor would like to use your personal
information or Community activities for any purpose other than as set forth in
this Agreement, we will ask for your express consent before doing so.
By
accepting this Agreement and by submitting your personal information and
participating in any Community, you expressly consent to use of your personal
information consistent with the terms of this Agreement and the privacy
policies applicable to your Community.
If you
do not want your personal information collected and/or used in this way, please
do not submit it to us. If you have
already submitted your personal information to us, and would like us to correct
or remove it from our records, please contact the Community Facilitator at helpdesk@cspace.com.
Storage and Processing of
Personal Information
Personal information collected on the Community may be hosted,
stored, processed and/or supported in your country of residence or any other
country in which C Space, the Sponsor or their respective subcontractors
or agents conduct business. By clicking on the “I Agree” button below,
you expressly consent to the use and transfer of your personal information
outside of your country of residence.
Use of Cookies
Cookies are small pieces of information that are sent from the
Community and stored on your computer or mobile device to help us remember
information about how you use and access the Community. For more information about the specific
cookies we use, please see our Privacy Policy.
We use cookies on the Community to remember your email address and/or
preferences, and to improve the activities on the Community and within other
Communities. By clicking on the “I Agree” button below and by participating in an
online Community, you expressly consent to our use of cookies to track your
Community session activity for these purposes.
If you do not consent to our use of cookies to track your Community
session activity, you may not be able to access or use the Community.
Confidentiality
As a member of the Community, you may have access to ideas or
information that are and should remain confidential. Please do not share confidential ideas or
information with anyone, unless we tell you otherwise or disclosure is required
by applicable law. If confidential
information is disclosed without our prior consent, we may remove the Community
member(s) responsible for the disclosure or shut down the Community entirely.
Material That You Share With
the Community
By agreeing to these Terms, and participating in the Community,
you irrevocably assign to C Space and the Sponsor all rights in any ideas
or expressions of ideas that you provide during your participation in the
Community. All comments, suggestions,
graphics, ideas (including product and advertising ideas), and other
information or materials you submit, post, upload, or otherwise provide to
C Space through the Community will become and remain the exclusive
property of C Space and the Sponsor, including any future rights
associated with such submissions, even if these Terms are later modified or
terminated. This means that you disclaim
any proprietary rights in such submissions, and you acknowledge C Space’s
and the Sponsor’s unrestricted right to use and/or assign or otherwise transfer
the submissions (or materials or ideas similar to the submissions) in any
medium, now and in the future, without notice, compensation or other obligation
to you or any other person.
Release and Waiver
You further agree to release and waive all claims against
C Space and the Sponsor with respect to any intellectual property or other
proprietary rights, rights of privacy and publicity, rights of attribution, or
any other liability under the applicable laws.
You agree to indemnify and hold C Space and the Sponsor harmless
from all claims, actions, damages, costs, judgments, penalties or expenses of
any kind whatsoever (including reasonable attorneys' fees except as provided
herein), which may be obtained against, suffered by, or imposed upon
C Space, the Sponsor, and/or their respective officers, directors, agents
or affiliates as a result of any claim for its use of any information you
provide through the Community that is proprietary, confidential or protected by
applicable law.
Third Party Web Sites
Your participation in your Community may require use of mobile
device services, including data and/or messaging services. Please be aware that your normal carrier's
rates and fees, such as text messaging fees or data usage fees, will apply and
neither C Space nor the Sponsor is
responsible for any charges that may be incurred by you during your
participation in any mobile device-based Community.
The Community may include links to third party web sites,
applications or services, including links added by Community members. The links are contained within the Community
for informational purposes only. If you
access any of the links to third party web sites, content, or videos accessible
through the Community, but maintained by third parties, you do so at your own
risk, and C Space and the Sponsor are not responsible for the content or
use of your personal information.
At the Sponsor’s discretion, your Community may include the
option to integrate or associate your C Space Account with third party
services, including social media web sites, such as Facebook®. In such cases, C Space will provide you
with instructions for linking your Community Account to your social media account. If this option is available and you choose to
integrate your Community Account with third party web sites, C Space may
no longer be able to control who sees or who can access the information
associated with or shared through your linked Community Account. Instead, the use of your information and
content you share through any third party web sites will be governed by the
privacy policies, privacy settings, and agreements associated with such third
party web sites. Posting of your content
and/or information to any third party web site is at your own risk and outside
these Terms. We do not and cannot
control the posting of content or sharing of information by any user to third
party web sites. We encourage you to
review any privacy policies and other agreements that may be applicable to your
use of any third party web sites.
C Space and the Sponsor are not responsible for the use of
your information by third parties, and make no guarantee that such third party
web sites are free from computer viruses or malware. C Space and the Sponsor expressly
disclaim all liability for any losses, costs or expenses that you suffer as a
result of your use of third party web sites, services and/or applications.
User Generated Content
The Community is a venue through which members can participate
in an interactive and vibrant online community.
Because of the interactive nature of the Community, the information and
materials posted in the Community by Community members is not controlled or
pre-approved by C Space or the Sponsor.
Any information or material placed online by Community members,
including advice and opinions, are the views and responsibility of those who
post the statements and do not necessarily represent the views of C Space
or the Sponsor. C Space and the
Sponsor do not endorse, support, sanction, encourage, verify, or agree
with the comments, opinions, or statements posted within the Community. You agree that C Space and the Sponsor
are not responsible, and shall have no liability to you, with respect to any
information or materials posted by you or others.
No Duty to Monitor
C Space and the Sponsor are not responsible for content
provided by you or others, including Community members, and do not have any obligation
to pre-screen content posted within a Community. C Space and/or the Sponsor
have the right, but not the obligation, to refuse to post, redact or delete any
content for any reason. C Space and
the Sponsor are not responsible for any failure or delay in removing material.
Member Appreciation
C Space and the Sponsor
value your participation in the Community.
In appreciation for sharing your views and perspectives, we may offer
certain member appreciation programs to members from time to time. It is your responsibility to pay any
applicable taxes or satisfy all duties associated with the awards you
earn. At any time and for any reason, we
may suspend or cancel the member appreciation program. You can find out more about member appreciation
awards by visiting the Member Appreciation Plan posting in the Community.
If You Have Questions
Any questions regarding your
participation in the Community should be directed to your Community
Facilitator.
Notification of Changes
We reserve the right to and may change or revise these
Terms at any time. Please visit the
Member Agreement area each time you visit the Community to keep up-to-date with
the current Terms. Your use of and
participation in the Community confirms your continuing agreement to the
then-current Terms.
Disclaimer, Limitation of
Liability and Indemnity
C Space and/OR the sponsor do not
represent or endorse the correctness, accuracy, reliability or any other aspect
of advice, opinion, statement or other information distributed through the
online community, and reserve the right to remove any content from the
community that it deems inappropriate.
C Space, THE SPONSOR, and/or their
RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES AND AGENTS endeavor to
maintain thE community and its operation, but are not, and cannot be,
responsible for the results of any defects that may exist in the community or
its operation. As to the operation of
the community, C Space AND THE SPONSOR expressly disclaim all warranties
of any kind, whether expressed or implied, including, but not limited to all
implied warranties of merchantability or fitness for a particular purpose,
title and non-infringement. C Space
AND THE SPONSOR make no warranty that (i) the operation of the community will
meet the user's requirements; (ii) access to the community will be uninterrupted,
timely, secure, free of viruses, worms, trojan horses or other harmful
components, or free of defects or errors; (iii) the results that may be
obtained from the use of the community will be accurate or reliable; or (iv)
defects will be corrected. You (and not
C Space or the sponsor) assume the entire cost of all servicing, repair,
or correction that may be necessary for your computer equipment, mobile device,
and software as a result of any viruses, errors or any other problems
whatsoever you may have as a result of visiting THE community. If any applicable statutory law implies into
this agreement any warranty which cannot be excluded, then such warranty will
apply but only to the extent that it cannot be so excluded.
under no circumstances shall
C Space, the sponsor and/or their RESPECTIVE DIRECTORS, OFFICERS,
EMPLOYEES, AFFILIATES AND AGENTS be liable for any damages or injury, including
any direct, special, incidental, consequential, punitive or other damages, that
may result from the use of, or the inability to use, the community or any
materials in thE community, whether in an action of contract, negligence or
other tortious action, arising out of or in connection with the use or
performance of the community or information available in the community. C Space AND THE SPONSOR shall not be
liable, even if advised of the possibility of such damages, WHICH INCLUDE, BUT
ARE NOT LIMITED TO, damages or injury caused by error, omission, interruption,
defect, failure of performance, delay in operation or transmission, line failure
or computer virus, worm, trojan horse or other MALWARE OR harmful
component. You agree to defend,
indemnify and hold C Space, THE SPONSOR and/or their RESPECTIVE DIRECTORS,
OFFICERS, EMPLOYEES, AFFILIATES AND AGENTS harmless from any claim or demand
made by any third party against C Space due or arising out of your
participation in the community.
you hereby agree to release
C Space, the sponsor, and each of their respective DIRECTORS, OFFICERS,
EMPLOYEES, AFFILIATES AND AGENTS from claims, demands and damages (actual and
consequential) of every kind and nature, known and unknown, suspected and
unsuspected, disclosed and undisclosed ("claims"), arising out of or
in any way connected with your use of THE community. If you are a California resident, you waive
California civil code section 1542, which states, in RELEVANT part: "a
general release does not extend to claims which the creditor does not know or
suspect to exist in his favor at the time of executing the release, which if
known by him must have materially affected his settlement with the
debtor."
Severability
If any part of this Agreement shall become void or invalid by
virtue of law or government order, the remaining parts remain valid and
enforceable and the void or invalid provision(s) shall be replaced by such
valid provision(s) reflecting closest the commercial intentions of this
Agreement.
Applicable Law
The laws of the Commonwealth of Massachusetts will apply to any
dispute of any kind relating to your use of the Community. If you take any legal action relating to your
use of the Community, you agree to file such legal action only in the state or
federal courts located in Suffolk County, Massachusetts and consent to the
jurisdiction and venue of such courts.