You have been invited to participate in an online market research project (the "Community") conducted by Promise Corporation Limited (trading as C Space) ("C Space") under entrustment by its client, Nissan Motor Co., Ltd. ("Community Sponsor"). For more information about C Space, see its website at cspace.com. For more information about the Community Sponsor, please refer to your Community.
In order to participate in the Community, we ask that you read, understand and agree to the important Member Agreement/Terms and Conditions ("Terms") 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 www.cspace.com/terms-of-use.
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 the Community Sponsor change, if you fail
to actively participate in Community activities, or if you fail to comply with any of the
Terms.
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 Community participants ("Members"). If you violate the Code of Conduct, your Community account may be suspended or terminated.
All contents and information or materials which are presented in the Community by or on behalf of the Community Sponsor, and all patents, copyrighted works, trademarks and any other intellectual properties of the Community Sponsor
("Sponsor IP") remain exclusive properties of the Community Sponsor or any third party who granted the license therefor to the Community Sponsor, and are subject to all relevant laws and regulations governing patents, copyrights, trademarks, trade secrets and unfair competition.
Sponsor IP may not be used for any purposes other than activities on the Community, and may not be modified, reproduced, copied, distributed or otherwise used without prior explicit consent of the Community Sponsor.
For Members 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, 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/or violent information. For
Members and/or Communities for which Chinese law is applicable, C Space and/or the Community Sponsor may review, retain, and report certain activities that fall within the preceding categories and C Space and/or the Community Sponsor may keep a record of Member details, content, and user information for a time period required by law.
As part of your participation in the Community, you will be asked to answer certain questions and participate in various activities. In some cases, C Space or the Community Sponsor may ask you to provide personal contact information, such as your name, address, and email address, or other personal information. In addition, C Space or the Community Sponsor may collect sensitive personal information (e.g. ethnicity, income, education, etc.) for the purposes of creating a balanced
Community reflective of the consumer population; sensitive personal 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 personal information if you do not want it to be collected; provided, however, that your participation in the Community may be declined if your refusal to provide your personal information interferes with any purpose of the Community.
Any information you provide will be used by C space for the following purposes. If any information you provide is used beyond the following purposes, C space will obtain your prior consent in writing or by email.
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 based on entrustment by the Community Sponsor through your Community (including report to the Community Sponsor on market research.)
Although rare, your personal information may be disclosed to the governments, courts, law enforcement or regulatory agencies under a lawful order effective 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 these Terms and C Space's privacy policy; provided, however, that, if there is any inconsistency between these Terms and C Space's privacy policy, these Terms shall take precedence.
A copy of C Space's privacy policy is available at www.cspace.com/privacy_en-us. Information you provided in relation to your Community activities (which may include your personal information) will be shared with the Community Sponsor both individually and collectively. C Space may also include in its reports to the Community Sponsor any of the content you submit to the Community (which may include your personal information), including: quotes; photos; videos; Community activity participation information. Further, the Community Sponsor may have direct
access to the Community and obtain information you provided in relation to your Community activities (which may include your personal information). The Community Sponsor will use and handle your personal information in accordance with the Sponsor's privacy policy, a copy of which will be made available at http://www.nissan.co.jp/SITEINFO/privacypolicy.html. The Community Sponsor also may share your personal information with its Group Companies, including Group Companies located outside the territory of Japan, and may be re-provided with your personal information handled by any Group Company.
If you do not want your personal information collected and/or used in this way, please do not submit it to us in relation to your Community activities. If you have already submitted this information to C Space and would like C Space to correct or remove it from the records, please contact the community facilitator
at helpdesk@cspace.com.
If you would like the Community Sponsor to correct or remove from the records your personal information obtained by the Community Sponsor, please contact the point of contact specified in the Community Sponsor's privacy policy.
Personal information collected on the site or in the Community may be hosted,
stored, processed and/or supported in your country of residence or any other country
or jurisdiction in which C Space, the Community Sponsor, its Group Companies, or their respective entrustees 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.
Cookies are small pieces of information that are sent from C Space's 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 C Space's 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.
As a member of the Community, you may have access to ideas or information that are and should remain confidential. Any material and information or idea to which you have access through the Community ("Confidential Information") must be treated as confidential. Please be advised that the materials and information or ideas which are provided in the Community by or on behalf of the Community Sponsor are especially highly confidential.
All Confidential Information must be treated in accordance with the directions of the Community Sponsor or C Space and, at any time and for any reason, must never be used beyond the extent necessary for the purposes of Community activities.
Also, any Confidential Information must not be disclosed, divulged or provided to anyone, unless the Community Sponsor or C Space gives a prior explicit approval or disclosure is required by applicable local laws or regulations.
If any Confidential Information is released in violation of the above, without prejudice to any other remedies and rights under these Terms or applicable laws, the Community Sponsor or C Space may remove the Member(s) who is responsible for the release of the Confidential Information,, or may shut down the Community entirely.
By agreeing to these Terms, and participating in the Community, you irrevocably assign to C Space and the Community 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
or the Community Sponsor 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 are later modified or terminated. This means that you disclaim any proprietary rights, intellectual property rights and any other rights in such submissions, and you acknowledge C Space and the Community 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.
You further agree to release and waive all claims against C Space and the Community Sponsor with respect to any intellectual property or other proprietary rights, copyrights, 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 Community 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 Community Sponsor, and/or their officers, directors, agents or Group Companies 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.
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 or the Community Sponsor 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 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 Community Sponsor are not responsible for their
contents, or how your personal information is treated therein.
At the Community Sponsor's discretion, the 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 or the Community Sponsor 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. C Space or the Community Sponsor's 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 the 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 terms and conditions that may be applicable to your use of any such third party sites and/or applications.
C Space and the Community 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 Community 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.
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 Members is not controlled or pre-approved by C Space or the Community Sponsor. Any information or material placed online by Members, including advice and opinions, are personal views for which those who post the statements are responsible and do not in
principle represent the views of C Space or the Community Sponsor. C Space and the
Community 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 Community Sponsor are not responsible, and shall have no liability to you, with respect to any information or materials posted by others.
C Space and the Community Sponsor are not responsible for content provided by others, including Members, and we do not have any obligation to pre-screen content posted within a Community. C Space and/or the Community 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.
C Space and the Community 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 from Member appreciation programs. At any time and for any reason, C Space and the Community Sponsor may suspend or cancel the Member appreciation program at their own discretion [You can find out more about member appreciation awards by visiting the Member Appreciation Plan posting in the Community.]
Any questions regarding your participation in the Community should be directed to your C Space Community facilitator.
C Space reserves the right to and may change or revise these Terms at any time. Also, each C Space and the Community Sponsor reserves the right to change or revise its own privacy policy at any time. Please visit the Member Agreement area each time you visit the Community to keep up-to-date with the current Terms and the respective privacy policies. Your use of and participation in the Community confirms your continuing agreement to the then-current Terms and respective privacy
policies.
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 AND SPONSOR ARE RESPONSIBLE FOR, AND ENDEAVORS TO MAINTAIN, THE COMMUNITY AND ITS OPERATION.
NEITHER OF C SPACE NOR THE COMMUNITY SPONSOR IS 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 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, AND C SPACE OR THE COMMUNITY SPONSOR DOES NOT ASSUME ANY LIABILITY THEREFOR.
IF ANY APPLICABLE LAW OR REGULATION DOES NOT ALLOW ANY EXLUSION OF REAPONSIBILITIES SET FORTH IN THESE TERMS, THEN C SPACE SHALL BEAR THE RESPONSIBILITY TO THE EXTENT THAT SUCH APPLICABLE LAW OR REGULATION DOES NOT ALLOW. IN SUCH CASE AND WHEN THE APPLICABLE LAW OR REGULATION DOES NOT ALLOW ONLY C SPACE TO BEAR THE RESPONSIBILITY, THE COMMUNITY SPONSOR SHALL BEAR THE RESPONSIBILITY TO THE EXTENT THAT SUCH APPLICABLE LAW OR REGULATION DOES NOT ALLOWS.
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 FOR SUCH DAMAGES EVEN IF C SPACE, THE COMMUNITY 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 (ACTUAL AND CONSEQUENTIAL) DAMAGES 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 IS LIMITED TO YOUR DISCONTINUANCE OF 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."
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.
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.