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 https://www.cspace.com/americas/. 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 Sponsor's privacy policy, a copy of which
will be made available through your Community, 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. 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. 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 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
THIS NONDISCLOSURE AGREEMENT (this “Agreement”) is made between you and
Netflix, Inc. a Delaware corporation with its principal office and place of
business at 100 Winchester Circle, Los Gatos, CA 95032 (“Netflix”).
By clicking the "I agree" button, you agree to be bound by the terms
of this Agreement.
1. Purpose. You
agree to participate in Netflix’s customer survey research, customer testing or
focus groups and/or provide feedback or evaluations of Netflix’s products,
features or services with the purpose being to provide information and input
solely to Netflix and its designated agents, employees and contractors (the
“Project”). In connection with the Project, Netflix may disclose to you certain
confidential information that Netflix desires you to treat as confidential as
described herein
2.
"Confidential Information" means any information disclosed to
you by Netflix, either directly or indirectly on the Facebook platform, or via
other social media platform, in writing, including electronic communications,
orally or by inspection of tangible objects, including without limitation any
and all information relating to the Netflix service (including the fact that
Netflix is available in your country of residence and/or any Netflix user
interface on any device); the wording, content and context of any questions to
be posed to participants in the Project; any responses (either individually or
in the aggregate); participant response rates; trends in responses; business
plans; operational documentation; marketing plans and strategies; proposed
products and services; and the proposed products and services of Netflix’s
partners. Confidential Information may also include information disclosed
to you in connection herewith by third parties.
3. Non-use
and Non-disclosure. You agree not to use any Confidential Information
for any purpose except to fulfill its obligations with respect to the
Project. You agree not to disclose any Confidential Information to third
parties or to employees of you, except to those employees who are required to
have the information in order to engage in the Project. You shall not
reverse engineer, disassemble or decompile any software, databases or other
tangible objects which embody Netflix's Confidential Information and which are
provided to you hereunder.
4. Maintenance
of Confidentiality. You agree that it shall take all measures to
protect the secrecy of and avoid disclosure and unauthorized use of the
Confidential Information. Without limiting the foregoing, you shall take
at least those measures that you takes to protect its own most highly
confidential information and shall have its employees who have access to Confidential
Information agree to a non-use and non-disclosure agreement in content
substantially similar to the provisions hereof, prior to any disclosure of
Confidential Information to such employees, provided, however, that you shall
be responsible for any breaches of confidentiality by such employees. you
shall not make any copies of Confidential Information unless the same are
previously approved in writing by the Netflix. you shall immediately
notify Netflix in the event of any unauthorized use or disclosure of the
Confidential Information.
5. Return
of Materials. All documents and other tangible objects containing or
representing Confidential Information and all copies thereof which are in the
possession of you shall be and remain the property of Netflix and shall be
promptly returned to Netflix or destroyed, upon Netflix's request.
6. Feedback. Netflix
is free to use any comments, information, ideas, concepts, reviews, or
techniques or any other material contained in any of your communication with us
and/or other participants in the Project ("Feedback"), including
responses to questionnaires or through postings on the Facebook platform, or
other social media platform, without further compensation, acknowledgement or
payment to you for any purpose whatsoever including, but not limited to,
developing, manufacturing and marketing products and creating, modifying or
improving the Netflix service. Furthermore, by providing any Feedback or in
responding to questionnaires in connection with the Project, you grant us a
perpetual, worldwide, non-exclusive, royalty-free irrevocable license,
including the right to sublicense such right, and right to display, use,
reproduce or modify the Feedback.
7. License.
Nothing in this Agreement is intended to grant any rights to you under any
patent or copyright of Netflix, nor shall this Agreement grant you any rights
in or to Confidential Information except as expressly set forth herein.
8. Term.
This Agreement shall survive until such time as all Confidential Information
disclosed hereunder becomes publicly known and made generally available through
no action or inaction of you.
9. Remedies.
You agree that any violation or threatened violation of this Agreement will
cause irreparable injury to the Netflix, entitling Netflix to obtain injunctive
relief in addition to all legal remedies.
10. Your Information.
Netflix does not wish to receive any confidential information from you, and
Netflix assumes no obligation, either express or implied, with respect to any
information disclosed by you.
11. Miscellaneous.
This Agreement shall bind and inure to the benefit of the parties hereto and
their successors and assigns. This Agreement shall be governed by the
laws of the State of California, without reference to conflict of laws
principles. This Agreement contains the entire agreement between the
parties with respect to the subject matter hereof. Any failure to enforce
any provision of this Agreement shall not constitute a waiver thereof or of any
other provision hereof.