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. Because a client's market research goals
vary, C Space conducts different types of Communities based on the
client's needs. In this Community, the Sponsor will remain anonymous.
Both C Space and the Sponsor are committed to conducting
your Community in accordance with applicable privacy laws and with industry
standards and guidelines that respect your rights as a market research
participant.
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. You have
the right to withdraw from the Community at any time and for any reason.
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.
You understand that the Community is not a forum for seeking or
giving medical advice, and C Space and the Community Sponsor cannot
guarantee the privacy and/or accuracy of any medical information shared
here. This Community is not intended as a substitute for professional
medical care. Only a qualified medical professional can diagnose and
appropriately treat symptoms.
THIS SITE IS NOT THE APPROPRIATE FORUM TO
DISCUSS OR REPORT possible side effects, product safety concerns, product
quality complaints or non-complaints regarding any pharmaceutical or medical
products. If you do discuss such issues, C Space is required to
share these with the Sponsor who may report your complaints or concerns to
regulatory authorities if required by local law; in some cases, your personal
information may be reported with your complaints or concerns to the Sponsor.
If you would like to report any side effects
you may be experiencing or may be aware of or have any questions about a
pharmaceutical or medical product please contact:
·
If you are located in the United States: MedWatch
– the Food and Drug Administration's Safety Information and Adverse Event
Reporting Program at 1-800-332-1088 or access online reporting at www.fda.gov/Safety/MedWatch/HowToReport/ucm053074.htm.
·
If you are located in the EU: Please visit http://www.adrreports.eu/en/report_side_effect.html to locate the appropriate national
medicines regulatory authorities in the EEA for information on how to report a
side effect.
·
If you are located outside of the United States or EU, please
refer to the appropriate local agency in your country.
·
If your Community Sponsor has been identified to you,
information about how to report these concerns directly to the Community
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 (or other local agency)-approved indications or labeled conditions of
use of any medical product or are considered pre-approval promotion in nature).
Topics and activities initiated by C Space and the
Community 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 Community 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 Community Sponsor DO NOT ENDORSE any member postings, including any
postings regarding the off-label use of any medical products.
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 personally identifiable information,
including personal contact information, such as your name, address, email
address, and, for some Community activities, pictures and videos of you. In
addition, we may request 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, participate in
any activity, 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;
e) if you have given your consent upon signing up for this
Community or upon disclosing a reportable event relating to side effects,
unfavorable reactions or product quality complaints, your information may be
shared with regulatory agencies, the Sponsor’s subsidiaries worldwide, and
business partners with whom the Sponsor has contractual agreements in
connection with that reported event or complaint. Any information that
identifies you directly, such as your initials or date of birth, will be
handled confidentially.
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/ (C Space). 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 addition, as
set forth above, if you report possible side effects, product safety concerns,
product quality complaints or non-complaints regarding any pharmaceutical or
medical products, your information may be shared with the Sponsor in connection
with such report. If your personal information is shared with the Sponsor (for
example, in connection with reporting adverse events or quality complaints),
your personal information will be treated by the Sponsor as confidential and
will only be used for
purposes consistent with this Agreement. If C Space or its
Sponsor would like to use your information or content for any purpose other
than those set forth in this Agreement, 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 to review, correct or remove your information
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 upon the sign-up process 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. 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 expressly disclaims 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 Honoraria
C Space and the Sponsor value your participation in the
Community. In exchange for sharing your views and perspectives in market
research activities, we may offer a member honoraria program to members. As a
member, you will have the option to opt out of receiving member honoraria for
your participation. It is your responsibility to determine the amount of and
pay any taxes or duties associated with the honoraria you earn. At any time and
for any reason, we may suspend or cancel the member honoraria program. You can
find out more about the member honoraria program by visiting the Member
Honoraria Plan posting in the Community.
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, 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. 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. 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 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. 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.