C Space Community Member Terms and Conditions

Member Agreement/Terms and Conditions

You have been invited to participate in an online market research project (the "Community") conducted by C Space (“C Space” or “we”) 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. If you have any questions about them or don’t accept them, please contact our customer services department whose details appear in paragraph 24 of these Terms and Conditions.

Your Community Account

1. You will need to register with the Community in order to use its principal functions. Your access to the Community is permitted on the basis that:

(a) only you use your username and password; and

(b) you provide correct, current and complete information about yourself when registering.

2. 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 the discretion of C Space or the Community Sponsor, including (but not limited to): (i) if you share your Community access information with anyone; (ii) if you misrepresent information relevant to the Community selection criteria; (iii) if you violate the Community Code of Conduct (below); (iv) if the market research goals of our Sponsor change; (v) if you fail to participate actively in Community activities; or (vi) if you fail to comply with any of these Terms and Conditions.

3. You are entitled to terminate your account with us at any time by notifying us through the appropriate account management screens. If you terminate your account, please note that Your Content (as defined in paragraph 5) published on the Community will still be visible to others on the Community, and we may continue to display Your Content on the Community unless you request in writing that we remove it, in which case paragraph 25 will apply.

4. We may withdraw your access to the Community and/or your account at any time and for any reason and we will not be liable for any resulting loss of damage to the fullest extent permissible in law.

Community Code of Conduct

5. On certain parts of the Community, you may be invited to submit materials for publication on the Community and/or use by C Space in accordance with these Terms and Conditions (“Your Content”).

6. 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. The provisions of the Code of Conduct are as follows:

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

(b) You will only access the Community if you are a member of it.

(c) 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 respond accurately to such recruitment questions.

(d) You will not upload, post or otherwise distribute any other member's personal information through the Community.

(e) You will not violate or infringe any Rights (as defined in paragraph 10) of third parties and you will not violate any applicable laws or regulations. We appreciate that you may not be an expert in Rights, but by way of example:

(i) Your Content must not include music unless you have written the music yourself or have a licence from the person who wrote and recorded the music; or

(ii) Your Content must not contain any identifiable brands or logos other than Sponsor brands or logos.

(f) You must have the express consent of any individual featured in Your Content to the use of their image and/or voice in accordance with the permission you grant to us below. If you do not have their consent, you must not submit any content featuring that individual to the Community.

(g) Your Content must not contain any material which is or may reasonably be considered to be threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, or in breach of confidence.

(h) 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 such component; advertising or any form of commercial solicitation; or copyright-protected files.

(i) You will not copy or download any material from the Community unless instructed to do so by a Community facilitator.

Your Privacy

7. The privacy of your personal data is important to us. Please see the Privacy Policy (https://www.cspace.com/privacy_en-gb/) which forms part of these General Terms, for details of how your personal data is held and processed.

Confidentiality

8. 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

9. By agreeing to these terms and participating in the Community, you irrevocably assign to C Space all rights in any expressions of ideas that you provide during your participation in the Community. All comments, suggestions, graphics, expression of ideas (including the expression of 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, 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 unrestricted right to use and/or assign or otherwise transfer them (or materials or expression of ideas similar to them) in any medium, now and in the future, without notice, compensation or other obligation to you or any other person.

Intellectual Property Rights

10. The Community and all information, images, photographs and other content displayed on the Community (“Material(s)”) are protected by certain rights. These rights include all patents, rights to inventions, copyright and related rights, moral rights, trademarks and service marks, business names and domain names, goodwill and the right to sue for passing off or unfair competition, rights in designs and all other intellectual property rights, in each case whether registered or unregistered (“Rights”). These Rights either belong directly to C Space or are licensed to us from their respective owners or licensors.

11. You may only view, print out and use the Community and the Materials for your own personal, non-commercial use. We expressly reserve all Rights in and to the Community and the Materials and your use of the Community and Materials is subject to the following restrictions. You must not:

(a) remove any copyright or other proprietary notices contained in the Materials;

(b) use any Materials from the Community in any manner that may infringe any of our Rights or the Rights of a third party; or

(c) reproduce, modify, display, perform, publish, distribute, disseminate, broadcast, frame, communicate to the public or circulate to any third party or exploit the Community and/or the Materials in any way, including for any commercial purpose, without our prior written consent.

12. Any use of the Community or the Materials in a manner not expressly permitted by these General Terms may constitute an infringement of our Rights or the Rights of our licensors. We and our licensors reserve the right to exercise all rights and remedies available in respect of any infringement of Rights in the Community or the Materials accessible on it.

13. By uploading Your Content to the Community, you hereby grant C Space and the Sponsor and their designees, together with users of the Community an irrevocable non-exclusive licence (which is unlimited in time) to view and use Your Content without restriction, including for commercial and market research purposes.

Release and Waiver

14. 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 keep indemnified C Space and the Sponsor from all claims, actions, damages, costs, judgments, penalties or expenses of any kind whatsoever (including reasonable legal 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 breaches the intellectual property rights of any third party or that is confidential or protected by the laws of any jurisdiction.

Reliance on the Information on the Community

15. The information published on the Community is for general information purposes only and therefore you should not rely on it and we expressly exclude any liability for any loss or damage arising from your reliance on any information available on the Community to the fullest extent permissible by law.

16. We recommend that you take further advice or guidance before taking any action based on the information contained on or generated by the Community.

Third Party Sites and Applications

17. 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.

18. 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 that are accessible through the Community but are 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.

19. 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 the 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. The posting of 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.

20. 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 agreements that may be applicable to your use of any such third party sites and/or applications.

21. 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

22. 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 and Take Down Procedure

23. C Space and the 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.

24. If you have an enquiry or complaint about the Community, you should contact our customer services department at helpdesk@cspace.com and we will try to answer your enquiry or resolve any complaint as soon as possible.

25. If you wish to request us to stop using any of Your Content at any time, you should notify us by emailing [insert email address] setting out details of Your Content (the “Notified Content”) and, for Notified Content published on the Community, where it can be found on the Community. We will endeavour to respond promptly and to endeavour to cease using the Notified Content.

26. If you have good reason to believe that any Materials posted by other users do not comply with the Community Code of Conduct, then you should notify us by emailing us at helpdesk@cspace.com or clicking [insert details of any report mechanisms featured on the Community].

27. Where we receive notification that Materials posted by other users do not comply with the Community Code of Conduct, we will endeavour to investigate promptly. Whilst we are investigating, we reserve the right to remove the affected Materials immediately from the Community.

Member Appreciation

28. 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 programmes 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 programme. You can find out more about member appreciation awards by visiting the Member Appreciation Plan posting in the Community.

If You Have Questions

29. Any questions regarding your participation in the Community should be directed to your C Space Community facilitator.

Notification of Changes

30. 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

31. You acknowledge that we cannot guarantee that the Community will:

(a) stay the same, as we might change or remove it or make access to it subject to registration or charges;

(b) be compatible with all or any hardware or software which you may use;

(d) be accurate and up to date; or

(e) be error-free or free of viruses, electronic bugs, Trojan horses or other harmful components and you must take your own precautions accordingly.

32. You also acknowledge that:

(a) we cannot guarantee the speed or security of the Community; and

(b) we will not be responsible for any damage or loss you may suffer directly or indirectly as a result of any virus attack that can be traced to the Community to the fullest extent permissible by law.

(c) To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Community or any Materials on it, whether express or implied.

(d) We are only liable to you in connection with your use of the Community for losses which you suffer as a direct result of our breach of these Terms and Conditions. We shall not be liable for any indirect, special, incidental or consequential damage or loss or for any business losses that you may incur, including but not limited to lost data, lost profits or business interruption.

(e) We are not liable for any materials posted by other users and which are available on the Community. In the event that you believe such materials infringe any intellectual property rights, or are illegal, then you should contact us your C Space Community facilitator.

33. We do not exclude our liability (if any) to you for:

(a) personal injury or death resulting from our negligence;

(b) fraud or fraudulent misrepresentation; or

34. We reserve the right to remove from the Community, without notice and at our sole discretion, any content that we consider inappropriate for the Community. We may also ban, block or delete any user accounts if, according to our sole judgement, their owners or Users have infringed the Agreement or any relevant House Rules or are using our service in a manner that we consider inappropriate.

Severability

35. 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 most closely the commercial intentions of this Agreement.

Applicable Law and General Provisions

36. These Terms and Conditions and any disputes arising under or related to these Terms and Conditions (whether in contract, tort (including negligence), statute or otherwise) will be governed by the laws of England & Wales. Any legal actions, suits or proceedings arising out of these Terms and Conditions, whether in contract or tort (including negligence, statute or otherwise), will be brought exclusively in the courts of England & Wales, and you hereby accept and submit to the personal jurisdiction of these courts with respect to any legal actions, suits or proceedings arising out of these Terms and Conditions.

37. You may not assign, sub-license or otherwise transfer any of your rights under these General Terms.

38. If any provision of these General Terms is found to be invalid for any reason, the invalidity of that provision will not affect the remaining provisions of these General Terms, which shall remain in full force and effect.

39. Failure by either of us to exercise any right or remedy under these General Terms does not constitute a waiver of that right or remedy.