Member Agreement/Terms and Conditions

Terms and Conditions

PLEASE READ THESE TERMS OF USE ("TERMS") CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR AND C Space's AND OUR CLIENT’S LEGAL RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS AND EXCLUSIONS.

Version date: 27 February 2012

References in these Terms and related documents to our “CLIENT” means Orange and its related entities and companies.

By using or visiting a Site or a Community (as defined below), you (also referred to as the "User", "Participant" or "Member") signify that you have read, understood and agree to be bound by this legal agreement with C Space Corporation Ltd* of Bankside 2, 90-100 Southwark Street, London SE1 0SW, trading as C Space (also referred to as "C Space", "C Space Communities", "C Space" or "the Company") and our CLIENT (and collectively referred to as "us" or "we") under the terms set out in this document, including its three sections: 'TERMS AND CONDITIONS', 'NON-DISCLOSURE AGREEMENT' AND 'PRIVACY POLICY' (the "Agreement").

This service is operated by C Space Corporation on behalf of the Client. (For more information about C Space, see its website at www.cspace.com) The service is operated through the site cspace.com and/or http://vision.orange.com ("Site(s)"). The service ("Service") consists of communities which are online closed discussion sessions ("Community(ies)"), with an unlimited number of participants who will join, so long as they meet pre-defined screening criteria. Communities shall be run by C Space on behalf of its CLIENT.

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of this Agreement at any time without further notice. If we do this, we will post the changes to this Agreement on this page and will indicate at the top of this page the date the Agreement was revised and the amendments become effective. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Agreement. If you do not agree to abide by these or any future Agreement, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to the Agreement and to review such changes.

Terms and Conditions

Proprietary Rights and trademarks

All content available through the Site and its Communities, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files or information appearing on the Site ("Site Content") are subject to copyright and other intellectual property rights belonging to the Company, its licensors, Users or its CLIENT, with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any forms or by any means, in whole or in part, without the owner's prior written permission.

C Space and the CLIENT are registered trademarks in their respective countries of incorporation and may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company or the CLIENT as appropriate.

Community Users - Eligibility and User Data

All members of the public are eligible to apply to enter one Community at a time provided they are over 18 years old, but are subject to a screening process. Members of the public will only be eligible to join a Community if they meet the screening criteria. Users are not eligible to join if they are in any way associated with the marketing, PR and market research fields, or any of our, or our CLIENT's, competitors. When you join a Community, you agree to 1) provide accurate, true and complete answers to the screening questionnaire; 2) ensure the security of your password, identification and account details, or 3) keep your registration details up to date and notify us of any changes in your circumstances. Failure to provide any of the aforementioned information may void your eligibility to participate in a Community. 
In addition, you agree not to 1) register for more than one User account per Community, or more than one Community at a time; 2) register for a User account on behalf of an individual other than yourself; 3) register for a User account on behalf of any group or entity; 4) impersonate any person or entity, or 5) falsely state or otherwise misrepresent yourself.

Community Users - User Submissions and user content

For clarity, you retain all of your ownership rights in material you submit to the Site or to a Community ("User Submissions" or "Submissions"), which include, without limitation designs, text, graphics, pictures, video, information, applications, software, music, sound or any other files. However, by submitting User Submissions to a Community, you hereby grant (and you hereby warrant that you have the full authority together with all necessary consents to grant) CLIENT and its associated companies a worldwide, irrevocable, perpetual, non-exclusive, royalty-free license to use, reproduce, distribute, prepare derivative works of, display, and perform your Submissions in connection with the CLIENT’s business. The CLIENT further retains the right to retain your Submissions even after they have been removed from the Community or Site or the Community has ended.

You understand that all User Submissions and Site Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which the User Submission or Site Content originated. This means that you, and not the Company or the CLIENT, are entirely responsible for all content that you upload, post or e-mail via this Site. We do not control User Submissions posted via this Site and therefore we do not guarantee the accuracy, integrity or quality of the User Submission or Site Content.

Community Users - User Conduct

You are solely responsible for all and any User Submission that you add or upload to the Site or its Communities. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark or other intellectual property rights, privacy, publicity, confidentiality or other personal or proprietary rights; or contain libellous, defamatory, discriminatory, obscene or otherwise unlawful material. 

In addition, you agree not to use the Service or the Site to: 
1) harvest or collect email addresses or other contact information of other users of the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; 
2) use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site; 
3) use automated scripts to collect information from or otherwise interact with the Service or the Site; 
4) upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable; 
5) upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; 
6) upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, National Insurance numbers and credit card numbers; 
7) solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes; 
8) upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 
9) intimidate or harass another user; 
10) upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, national or international law; 
11) upload, post, transmit, share, store or otherwise make available content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using the Site, or which may expose the Company, its CLIENT or its users to any harm or liability of any type;
12) impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or disguise the origin of any content; 
13) upload, post or e-mail any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships; 
14) upload, post or e-mail any content that infringes any intellectual property rights of any party; 
15) solicit any business from other members of the Community. 

You acknowledge that the Company does not pre-screen content but that the Company shall have the right (though not the obligation) in our sole discretion to move, modify or remove any content that is available on the Site generally.

The Company, reserves the right to remove any user content from the Site or any of its Communities, at any time, without notice and at its own discretion or on request by the CLIENT.

Repeat Infringer Policy

We may terminate the use of the Site, in appropriate circumstances and at our sole discretion, by users who infringe this Agreement in any way. We reserve the right to report any illegal activity or use of Site to the appropriate authorities without notice to the user.

Third Party Websites and Content

The Site contains (or you may be sent through the Site or the Service) links to other websites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. 

If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any Third Party Applications, Software or Content.

Disclaimers

We are not responsible or liable in any manner for any User Submissions or Third Party Applications, Software or Content posted on the Site or in connection with the Service, whether posted or caused by users of the Site, by us, by third parties or by any of the equipment or programming associated with or utilized in the Site or the Service.

Although we provide rules for user conduct and postings, we have no obligation to review and vet any information uploaded nor are we responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Submission or Third Party Applications, Software or Content. We are not responsible for the conduct, whether online or offline, of any user of the Site or Service. Under no circumstances will we be liable in any way for any User Submission, including (without limitation) any errors or omissions in any User Submission, or for any loss or damage of any kind incurred as a result of your use of any Site Content. You agree that you must evaluate and bear all risks associated with the use of any Site Content including any reliance on its accuracy or completeness. You also understand that by using this Site, you may be exposed to content that is offensive, indecent or objectionable.

The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. Neither the Company nor the CLIENT assume responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications or connectivity to the Site.

We are not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service insofar as it is permissible to exclude and limit such liability by law. Nothing in this Agreement affects your statutory rights as a consumer. 

Under no circumstances will we be responsible for any loss or damage, including any loss or damage to any User Submission or personal injury or death (other than personal injury or death directly caused by the our negligence), resulting from your use of the Site or the Service, any User Submission or Third Party Applications, Software or Content posted on or through the Site or the Service or transmitted to Users, or any interactions between users of the Site, whether online or offline.

We reserve the right to change any and all Site Content, software and other items used or contained in the Site and any Services and platform applications offered through the Site at any time without notice.

Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Company or the CLIENT.

Limitation on Liability

In no event shall C Space's or the CLIENT’s officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages including but not limited to loss of profits, loss of opportunities, diminution in share value, loss of reputation, defamation, making ideas or trade secrets public, publishing personal information or otherwise, whatsoever resulting from any 1) errors, mistakes, or inaccuracies of Site Content; 2) personal injury or property damage (other than personal injury or death directly caused by the our negligence or any strict liability under statute or for fraud), of any nature whatsoever, resulting from your access to and use of the Site; 3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; 4) any interruption or cessation of transmission to or from the Site; 5) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Site by any third party, and/or 6) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any Site Content posted, uploaded, downloaded, emailed, transmitted, or otherwise made available via the Site, whether based on warranty, contract, tort, or any other legal theory, and whether or not we are advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

You specifically acknowledge that we shall not be liable for User Submissions or Site Content or the defamatory, offensive, or illegal conduct of any third party, or breach of any intellectual property rights or confidentiality from either you posting Submissions or using Site Content and that the risk of harm or damage from the foregoing rests entirely with you.

Indemnity

You agree to indemnify and hold the Company and the CLIENT and their subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with any User Submissions or Site Content, any Third Party Applications, Software or Content you post or share on or through the Site, your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party.

Termination

We may terminate your membership, delete your profile and any content or information that you have posted on the Site or through any platform application and/or prohibit you from using or accessing the Service or the Site or any platform application for any reason, or no reason, at any time in our sole discretion, with or without notice.

Governing Law, Venue and Jurisdiction

This Agreement shall be governed by, construed, interpreted and applied in accordance with the laws of England, without regard to principles of conflict of laws.

Non-Disclosure Agreement

In this Non Disclosure Agreement ("NDA") 'Confidential Information' means information relating to the actual or proposed products, processes, techniques and business activities of C Space or the CLIENT whether orally or in writing, online or offline, and including (but not limited to) ideas, financial information, intelligence, drawings, sketches, photographs, models and computer software, together with User information of a similar nature uploaded onto the Site. 

In addition, all information produced, shared and gathered in any of the Communities shall be considered Confidential Information and therefore covered by the terms of this NDA.

Any Confidential Information disclosed by us or appearing on the Site and uploaded by users of the Site shall be disclosed or made available for access by you via the Site strictly on the basis that the information is to be kept confidential by you and will not in any way be described, used, charged, assigned or otherwise disposed of or disclosed to any third party without the prior written consent of the Company or the CLIENT or the user who uploaded such Confidential Information as appropriate. 

The provisions above shall not apply to any information which: 

• is already known to the recipient at the time of disclosure; or 
• is at the time of disclosure in public domain; or 
• is lawfully communicated to you by a third party who did not acquire it directly or indirectly from us or the Site under an obligation of confidentiality, or
• you are required by law to disclose.
  
  

The disclosure of Confidential Information on the terms of this NDA shall not of itself amount to a license to you to use the Confidential Information. Any related plans, drawings and other documentation disclosed with or as part of the Confidential Information shall remain the property of us or the third party who uploaded such Confidential Information onto the Site. Nothing in this NDA shall affect or lessen the license to use Site Content granted by a User to the Company or its CLIENT as set out in the Agreement.

The provisions of this non disclosure agreement is intended for the benefit of any user who uploads content and makes such content available for other Users. Any breach of the terms of this non disclosure agreement shall entitle any user who has suffered loss or is likely to suffer loss to enforce the terms of this agreement and to claim damages or other compensation (including any injunctive relief) from the User who has breached the terms of this agreement.

Privacy Policy

References in this Policy and related documents to our “CLIENT” means Orange and its related entities and companies.

We care about the privacy of our users. We ask that you read this Privacy Policy ('the Policy') carefully as it contains important information about how we will use your personal data. By using the Site or the Service, you are consenting to have your personal data transferred to and processed in the United Kingdom or forwarded to our CLIENT who may operate in various jurisdictions (including outside the EEA) in accordance with this privacy policy. Further C Space related entities (some of whom are located outside the EEA) may have access to your personal data, although they will not be processing it.

Please note this privacy policy is only concerned with information you provide to us which is personal to you i.e. information which is sufficient to identify you such as your name and address and any other personally identifiable information. It does not cover any other information you may contribute to a Community.

Data Protection Compliance

The Company is committed to compliance with Data Protection Act 1998 (DPA). For the purposes of the DPA, C Space Corporation Ltd is the 'data controller' (i.e. the company who is responsible for, and controls the processing of, your personal data). 
You can find out about your rights at the ICO-Information Commissioner's Office website: https://ico.org.uk/for-organisations/guide-to-data-protection/principle-6-rights/.

Personal information and other data we collect

C Space collects personal information when you register for a Community.

The data we collect is of two kinds:

• general personal data about you, such as name and address and any other information that you voluntarily provide when completing a registration form or other form online.
• data specific to a particular Community selection criteria, which may not be relevant to other Communities

In addition, we will collect information and data about you during a Community session. This may include a variety of types of information and formats, and you are not under any obligation to provide it - this is referred to above as User Content, for which you are fully responsible.

We may also collect data when you send us feedback, post material, contact us for any reason or sign up to a service. We may also obtain sensitive personal data about you if you volunteer it during the completion of an online form. If you volunteer such information, you will be consenting to our processing it for the purpose or the services for which such information was requested or given.

We may monitor your usage of this website. This may include monitoring how many times you visit, which pages you go to, traffic data, location data and the originating domain name of a user's internet service provider. This information helps us to build a profile of our users. This data will be aggregated which means that we will not be able to identify you individually. Please see further the section on 'Use of cookies' below.

Use of data

The Company will use personal information to screen and assess your eligibility to join a Community.

The Company may also use personal information for: 

• auditing, research and analysis to operate and improve our technologies and services;
• helping us identify you and any accounts you hold with us;
• administration;
• statistical analysis;
• fraud prevention and detection and security vetting;
• customizing this Site and its content to your particular preferences, or
• notifying you of any changes to this Site or our services which may affect you.
  
  

The Company may share aggregated non-personal information with third parties, including, but not only, our CLIENT. The Company may use third parties to assist us in processing your personal information; however the Company will require that such third parties comply with our Privacy Policy and any other appropriate confidentiality and security measures.

The Company may also share information with third parties in limited circumstances, including when complying with legal process, preventing fraud or imminent harm, and ensuring the security of our network and services.

C Space process personal information on our servers in the United Kingdom and in other countries. In some cases, C Space process personal information on a server outside your own country. Our CLIENT has operations in the United Kingdom and elsewhere (including outside the EEA) and you agree that the Company may transfer your personal data to the CLIENT’s (and those of its affiliated companies) countries. Although such countries may not have as stringent data protection laws as those of the European Union rest assured that C Space will always ensure any transfer is subject to contractual provisions that will safeguard your personal data.

C Space will store your personal data for the length of the online Community and one month after it closes, at which point all Member personal data will be destroyed.

Information sharing

C Space will only share personal information with other companies or individuals outside of the Company in the following limited circumstances: 

• C Space have your consent. C Space require consent for the sharing of any sensitive personal information. 
• C Space provide your information to third parties for the purpose of giving you agreed participation rewards and incentives.
• C Space provide such information to our subsidiaries, affiliated companies or other trusted businesses or persons for the purpose of processing personal information on our behalf. C Space require that these parties agree to process such information based on our instructions and in compliance with this Policy and any other appropriate confidentiality and security measures.
• The Company will share with our clients certain pieces of aggregated, non-personal information, resulting from the analysis of the Community outputs. Such information does not identify you individually. If for any reason the client wants to contact you directly, the Company will obtain your consent in advance.

Information security

The Company takes appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal data. 

The Company restricts access to personal information to our employees, contractors and agents who need to know that information in order to operate, develop or improve our services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.

Keeping your data secure

C Space will use technical and organizational measures to safeguard your personal data, for example: access to your membership is controlled by password and username which are unique to you and the Company stores your personal data on secure servers.

Whilst C Space will use all reasonable efforts to safeguard your personal data, you acknowledge that the use of the internet is not entirely secure and for this reason we cannot guarantee the security or integrity of any personal data which is transferred from you or to you via the internet.

Use of cookies

When you use this Site, C Space may collect information about your computer, such as your IP address and/or browser, which C Space will use for administration purposes and statistical analysis. This information will not usually identify you personally. C Space may use technologies to learn about how you use our Site in order to improve the quality of our services. Our servers automatically record information when you visit our website or use some of our services, including the URL, IP address, browser type and language, and the date and time of your request.

C Space may also obtain information about your online movements and use of the internet by placing a 'cookie', which is a small file, on your computer's hard disk. Cookies may be used for several reasons: 

• To recognize you whenever you visit this Site; 
• to speed up access to this Site (so you do not have to log on each time); 
• to store your personal preferences; 
• to build a profile about you; 
• to understand how you use the site and improve it.

The vast majority of web browsers accept cookies. However, you can change your browser settings so that cookies are not accepted. If you do this, you may lose some of the functionalities of this Site. For further information about cookies and how to disable them please go to: http://www.aboutcookies.org

Please contact us at the address below for any additional questions about the management or use of personal data.

C Space
Bankside 2, 90-100 Southwark Street
London SE1 0SW
UK

*C Space is the trading name of Promise Corporation Ltd, registered in England & Wales (Company Number 4905383) at 239 Old Marylebone Road, London, NW1 5QT.