Member
Agreement/Terms and Conditions
You have been invited
to participate in an online market research project (the "Community")
conducted by C Space Corporation on behalf of its client
("Sponsor"). For more information about C Space, see its website
at www.cspace.com. 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 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 FacebookŪ. 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.