Member Agreement/Terms and Conditions
You have been invited to participate in an online market
research project (the "Community") conducted by C Space
Corporation on behalf of its client ("Sponsor"). For more information
about C Space, see its website at 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 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 website 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 Community
Sponsor's discretion, including if you share your Community access information
with anyone, if you misrepresent information relevant to the Community
selection criteria, if you violate the Community Code of Conduct, if the market
research goals of our Sponsor change, if you fail to actively participate in
Community activities, or if you fail to comply with any of the Terms.
Community
Code of Conduct
The Community 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 will respect the rights
of the other members to use the Community as it was intended.
·
Only those who are members of the Community may access it.
·
You or anyone in your household or immediate family cannot 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 its Sponsor can meet specific research goals
and are not included for any discriminatory purpose. You agree to accurately
respond to such recruitment questions.
·
You will not upload, post or otherwise
distribute any other member's personal information through the Community.
·
You will not violate or infringe any rights of third parties
(including copyright, trademark, rights of privacy or publicity or any other
proprietary right) and you will not violate any applicable laws or regulations.
·
You will not post any of the following: material that advocates
illegal activity, material that restricts or inhibits any other user from using
the site, material that contains a virus or other component, material that is
offensive or defamatory, advertising or any form of commercial solicitation, or
copyright-protected files.
·
You will not copy or download any material from the Community
unless instructed to do so by a Community Facilitator.
Community Sponsor Materials and Intellectual Property
Content made available by and trademarks and other intellectual
property of Community Sponsor are used with permission and may not be modified,
reproduced, copied or distributed without permission.
For
Community Members Located In China
For members of the Community located in China, you agree: 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; 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 its Sponsor may review, retain, and report
certain activities that fall within the preceding categories and C Space
and/or its 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 is not collected for, nor is it used for, any discriminatory
purpose. You do not have to answer any question or submit any sensitive
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 a C Space client through your Community;
d) to analyze, evaluate and/or improve C Space's services and market research tools.
Although unlikely, 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. You cannot opt out of disclosure of
your personal information if required by lawful order.
C Space will only use your 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. 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 C Space’s privacy policy, but will only be
used for the purposes set forth above. If C Space or its Sponsor would
like to use your information or content for any purpose other than those set
forth above, we will ask for your explicit consent before doing so.
By
accepting this Agreement and by submitting your information and participating
in any Community, you explicitly 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 this information 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 site may be hosted,
stored, processed and/or supported in your country of residence or any other
country in which C Space, its Sponsor or its subcontractors or agents
maintain facilities. By clicking on the
"I Agree" button below, you explicitly consent to any transfer of
information outside your country of residence.
Use
of Cookies
Cookies are small pieces of information that are sent from our
website and stored on your computer or mobile device to help us remember
information about how you use our website and access the Community. For more
information about the specific cookies we use, please see our privacy policy.
We use cookies on this site to remember your email address and/or preferences
and to improve the activities on our site and within our Communities. By clicking on the "I Agree"
button below and by participating in an online Community, you consent to our
use of cookies to track your session activity for these purposes. If you
don't consent to our using cookies to track your session activity, you may not
be able to access or use the Community and/or the site.
Confidentiality
As a member of the Community, you may have access to ideas or
information that are and should remain confidential. As such, any materials or
information accessed through the Community should be treated as
confidential. Please do not share
confidential ideas or information with anyone, unless we tell you otherwise or
disclosure is required by local law. If confidential information is released,
we may have to remove the Community member(s) who released the information, or
we may have to 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 Community Sponsor,
including any future rights associated with such submissions, even if these
Terms and Conditions are later modified or terminated. This means that you
disclaim any proprietary rights in such submissions, and you acknowledge
C Space and the Sponsor's unrestricted right to use and/or assign or
otherwise transfer them (or materials or ideas similar to them) 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 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 the laws of any jurisdiction.
Third
Party Sites and Application
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 C Space is not responsible for any charges that may
be incurred by you during participation in any mobile device-based Community.
The Community may include links to third party sites 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
Internet 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 their contents, or how they treat your
personal information.
At your Community Sponsor's discretion, your Community may
include the option to integrate or associate your C Space account with
third party services, including social media applications such as Facebook®. If
this is the case in your Community, C Space will provide you with
instructions for (a) linking your Community Account to your social media
account and (b) terminating the link between your Community Account and your
social media account.
If this option is available and you choose to integrate your
C Space account with third party services or social media 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 account. Instead, the
use of your information and content you share through social media sites will
be governed by the privacy policies and privacy settings associated with your
social media account. Posting of your content and/or information to any third
party site or through any third party service is at your own risk and outside
these Terms and Conditions. Our Services do not and cannot control the posting
of content or sharing of information by any user to third party sites,
including any social media website.
To the extent your Community uses or links to third party sites,
applications or services, your use of such sites, applications or services may
also be governed by the privacy policies and terms of use of the third party
sites and/or applications. We encourage you to review any privacy policies and
other agreements that may be applicable to your use of any such third party
sites and/or applications.
C Space and the Sponsor are not responsible for the use of
your information by these third parties and C Space makes no guarantee
that such third party sites or applications 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 these
third party 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 the C Space and the Sponsor are not
responsible, and shall have no liability to you, with respect to any
information or materials posted by others.
No
Duty to Monitor
C Space and the Community Sponsor are not responsible for
content provided by others, including Community members, and we 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 Community 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 determine the amount of and pay any taxes or duties
associated with the awards you earn. At any time and for any reason, we may
suspend or cancel the member appreciation program.
If
You Have Questions
Any questions regarding your participation in the Community
should be directed to your C Space 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 COMMUNITY 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
WEBSITE THAT IT DEEMS INAPPROPRIATE.
C SPACE, THE COMMUNITY SPONSOR, AND/OR THEIR AGENCIES
ENDEAVOR TO MAINTAIN THIS COMMUNITY AND ITS OPERATION, BUT ARE NOT, AND CANNOT
BE, RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS THAT MAY EXIST IN THE WEBSITE,
CONTENT/INFORMATION MADE AVAILABLE, THE COMMUNITY OR ITS OPERATION. AS TO THE
OPERATION OF THE WEBSITE AND/OR THE COMMUNITY, C SPACE AND THE COMMUNITY
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 COMMUNITY SPONSOR MAKE NO WARRANTY THAT
(I) THE OPERATION OF THE WEBSITE AND/OR COMMUNITY WILL MEET THE USER'S
REQUIREMENTS; (II) ACCESS TO THE WEBSITE AND/OR 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 WEBSITE AND/OR COMMUNITY WILL BE ACCURATE OR
RELIABLE; OR (IV) DEFECTS WILL BE CORRECTED; OR (V) THAT THE
CONTENT/INFORMATION MADE AVAILABLE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR
ERROR-FREE. YOU (AND NOT C SPACE OR THE COMMUNITY 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 THIS WEBSITE AND/OR 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 COMMUNITY SPONSOR
AND/OR THEIR AGENCIES 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 WEBSITE AND/OR COMMUNITY
OR ANY MATERIALS IN THIS 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 WEBSITE AND/OR COMMUNITY OR INFORMATION AVAILABLE IN
THE WEBSITE AND/OR COMMUNITY. C SPACE AND THE COMMUNITY SPONSOR SHALL NOT
BE LIABLE EVEN IF C SPACE, THE SPONSOR, OR AN AUTHORIZED REPRESENTATIVE OF
EITHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE 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 HARMFUL COMPONENT, AND
INCLUDE LOSS OF USE, DATA OR OTHER ECONOMIC ADVANTAGE. YOU AGREE TO DEFEND,
INDEMNIFY AND HOLD C SPACE, THE COMMUNITY SPONSOR AND/OR THEIR AGENCIES
HARMLESS FROM ANY CLAIM OR DEMAND MADE BY ANY THIRD PARTY AGAINST C SPACE,
THE COMMUNITY SPONSOR AND/OR THEIR AGENCIES DUE OR ARISING OUT OF YOUR
PARTICIPATION IN THE C SPACE ONLINE COMMUNITY.
YOU HEREBY AGREE TO RELEASE C SPACE, THE COMMUNITY SPONSOR,
AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, 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
THIS SITE AND/OR COMMUNITY. YOUR SOLE AND EXCLUSIVE
REMEDY SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THIS WEBSITE AND THE
COMMUNITY. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE
SECTION 1542, WHICH STATES, IN 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 Site or 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.