Member Agreement/Terms and Conditions

Your Community

You have been invited to participate in an online market research project (the “Community”) conducted by C Space Corporation[1] on behalf of its client (“Community Sponsor”). In this Community, the Community Sponsor is a healthcare company that will remain anonymous so the space will be unbiased.

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/.

Confidentiality

Your role in the Community is unique to you.  Please do not share your Community login credentials with anyone. Your invitation to participate in the Community was based on specific criteria and your inclusion in the Community was based on information you provided that satisfies the Community selection criteria.

Information You May Be Asked to Provide

As part of your participation in the Community, you will be asked to answer questions and participate in activities. In some cases, you may be asked to provide personal contact information, such as your name, address, and email address.  You may also be given the opportunity to voluntarily submit multimedia, including videos or photographs of yourself.  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 relevant consumer population. You do not have to answer any question, participate in any activity, or submit any sensitive information if you are not comfortable.

By agreeing to the terms of this Agreement, 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), pictures, images, video, audio recordings, 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/or the Community Sponsor, even if the 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 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.

What C Space Can Do with Your Information

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 the Community Sponsor;

d)     in connection with the Community Sponsor’s own internal training and product research and development; and

e)     to analyze, evaluate and/or improve C Space’s services and market research tools.

Limits on the Use of Your Information

Generally speaking, your individual personal contact information, such as full name and email address, will not be shared with the Community Sponsor.  In that regard, you will remain anonymous to the Community Sponsor.   However, C Space may share information about your Community activities and participation with the Community Sponsor in reports or presentations.  For example, C Space may share with the Community Sponsor quotes or community activity information combined with your profile photo or a voluntarily submitted video or image which includes your face or other features.  When these types of content that you submit or upload in the Community are shared with the Community Sponsor, C Space will not connect such quotes or information with your full name or other identifying information (other than that which is included in the submitted video or photograph, such as your facial features and/or any comments you make in your video).

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/.

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 your information or content will be used for a purpose other than those contemplated by this Agreement or the applicable privacy policy, or if you submit or upload videos, photographs or recordings in or to the Community, you may be asked to sign or otherwise agree to a separate agreement or consent form that may supplement or amend the terms of this Agreement.   

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.

Limits on Use of Confidential Information Obtained From the Community

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.

You agree to keep in confidence for a period of three (3) years any confidential information (“Confidential Information”) disclosed to you through your participation in the Community which was not previously known to you. “Confidential Information” includes, but is not limited to, information about any products that are either proprietary in nature or are not known to the general public.

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 Community Sponsor may review, retain, and report certain activities that fall within the preceding categories and C Space and/or its Community Sponsor may keep a record of member details, content, and user information for a time period required by law.

Community Code of Conduct

The Community Code of Conduct governs your understanding of, 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.  The terms of the Community Code of Conduct are:

·         While participating in the Community, you will respect the rights of the other members to use the Community as it was intended.

·         Only you, as a member of the Community, may access the Community through your account.

·         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 Community 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 information about or related to any other member  outside 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 within the Community: 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 make any comments or references to “off-label” uses (uses which are not within the FDA-approved indications or labeled conditions of use of any pharmaceutical or medical product).

·         You will not copy or download any material from the Community unless instructed to do so by a Community Facilitator.  Such material may not be posted or otherwise distributed outside the Community. 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 amongst the members here.

·         You understand that this Community is not intended to provide medical advice or substitute for professional medical care. Only a qualified medical professional can diagnose and appropriately treat your symptoms. You understand that 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 would like to report any side effects, you may be experiencing or have any questions about a pharmaceutical or medical product please contact MedWatch – the Food and Drug Administration’s Safety Information and Adverse Event Reporting Program at 1-800-332-1088 or access online reporting at http://www.fda.gov/Safety/MedWatch/HowToReport/ucm053074.htm.

·          You understand that topics and activities initiated by C Space and the Community Sponsor in the Community are for research purposes only and are not  an endorsement or promotion of any products or services discussed.

·          You understand that C Space and the Community Sponsor cannot prevent content provided by you or other members of the community prior to it being posted for general viewing, although C Space may engage in screening of posted content.

·          You understand that members are welcome and encouraged to start their own activities on topics of interest, C Space and the Community Sponsor DO NOT ENDORSE the content of any member postings.

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 Community 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 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.

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 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.

Release and Waiver

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, 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 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.

Technical Information

Text, Data and Similar Fees - 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.

Links outside the 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 Community Sponsor are not responsible for their contents, or how they treat your personal information.

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 Community 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.

Termination

C Space may terminate your access to the Community or to your account without notice  for any reason, at C Space or the Community Sponsor’s discretion.  In particular, your participation may be terminated 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 (see next section), if the goals of our Community Sponsor change, if you fail to actively participate in Community activities, if the rules, laws, or regulations that govern the your Community change, or if you fail to comply with any of the Terms of this Agreement.

Member Honoraria

C Space and the Sponsor value your participation in the Community. In exchange for sharing your views and perspectives, we may offer a member honoraria program to members. 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 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 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. 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.