Member Agreement/Terms and Conditions

You have been invited to participate in an online market research project (the "Community") conducted by C Space Corporation (d/b/a C Space) on behalf of its client ("Sponsor"). For more information about C Space, see its website at www.cspace.com. Because a client's market research goals vary, C Space conducts different types of Communities based on the client's needs. In this Community the Sponsor will remain anonymous. Both C Space and the Sponsor are committed to conducting your Community in accordance with applicable privacy laws and with industry standards and guidelines that respect your rights as a market research participant.

 

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/.

 

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. You have the right to withdraw from the Community at any time and for any reason.

 

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.

·         If you are a government employee, you agree to comply with applicable government ethics rules and will have obtained any necessary approval from an appropriate ethics officer or supervisor to enter into this agreement.  By taking part in the market research presented in this Community you are understood to confirm that you are not in breach of any contract of employment, other obligation or professional ethical guidelines/standards.

·         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.

 

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 here. This Community is not intended as a substitute for professional medical care. Only a qualified medical professional can diagnose and appropriately treat symptoms.

 

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 do discuss such issues, C Space is required to share these with the Sponsor who may report your complaints or concerns to regulatory authorities if required by local law; in some cases, your personal information may be reported with your complaints or concerns to the Sponsor.

 

If you would like to report any side effects you may be experiencing or may be aware of 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 www.fda.gov/Safety/MedWatch/HowToReport/ucm053074.htm.

 

You further understand that you should refrain from making any comments or references to "off-label" uses (uses which are not within the FDA (or other local agency)-approved indications or labeled conditions of use of any medical product or are considered pre-approval promotion in nature).

Topics and activities initiated by C Space and the Community Sponsor in the Community are for research purposes only and should not be construed as an endorsement or promotion of any of the products or services discussed. C Space and the Community Sponsor cannot prevent or screen content provided by you or other members of the community prior to it being posted for general viewing, and while members are welcome and indeed encouraged to start their own activities on relevant topics of interest, C Space and the Community Sponsor DO NOT ENDORSE any member postings, including any postings regarding the off-label use of any medical products.

 

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 request sensitive personal information (e.g. ethnicity, income, education, etc.) for the purposes of creating a balanced Community reflective of the consumer population; this information will not be used for any discriminatory purposes. 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/ (C Space). 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 addition, as set forth above, if you report possible side effects, product safety concerns, product quality complaints or non-complaints regarding any pharmaceutical or medical products, your information may be shared with the Sponsor in connection with such report. In some cases, if your Sponsor has been identified to you as opposed to remaining anonymous, 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 in this Agreement. If C Space or its Sponsor would like to use your information or content for any purpose other than those set forth in this Agreement, 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 to review, correct or remove your information 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 accepting this Agreement, 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 accepting this Agreement 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

As a member you agree to maintain the confidentiality of all information disclosed during your participation in this market research community and not to use such information for any unauthorized purpose or disclose such information to any third party. Community members accept that materials generated from this session are the property of the Community Sponsor and that the Community Sponsor retains the copyright, trademark and/or patent rights in any ideas, inventions, and/or improvements in such materials. The Community Sponsor shall hereby be the exclusive owner of the data, including any copyrights thereto and member do not have any right of ownership or other rights in the data or in the copyright thereto.  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 Community Sponsor all rights in any ideas, inventions, creations, copyrightable works, and the like that you provide during your participation in the Community.  If during your participation in the Community you produce any work product, including without limitation any deliverables, improvements, ideas, creations, devices, models, prototypes, notes, reports, documentation, drawings (including electronic drawings), sketches, photographs, studies, computer programs (source code, object code, listings, etc.) and copyrightable works (collectively, "Work Product"), all such Work Product shall be the property of C Space and the Community Sponsor.  Any copyrightable work whether published or unpublished created by you in connection with or during your participation in the Community shall be considered a work made for hire, to the fullest extent permitted by law and all right, title and interest therein, including the worldwide copyrights, shall be the property of the Community Sponsor as the party specially commissioning such work.  You hereby expressly assign to Community Sponsor all right, title, and interest in and to the Work Product developed under this Agreement. You agree, without charge to the Community Sponsor other than reasonable payment for time involved in the event this Agreement shall have terminated, to execute, acknowledge, and deliver to the Community Sponsor all further papers, including applications for patents, as may be necessary to enable the Community Sponsor to publish or protect such inventions, improvements, and ideas by patent or otherwise in all countries and to vest title to said patents, inventions, improvements, and ideas in the Sponsor or its nominees, their successors or assigns. You shall render assistance as the Community Sponsor may require in any administrative proceeding or litigation involving said inventions, improvements, or ideas.  Your obligations under this paragraph shall survive termination or expiration of this Agreement. 

 

 

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 Facebook®. If this is the case in your Community, C Space will provide you with instructions for (a) linking your Community Account to your social media account and (b) terminating the link between your Community Account and your social media account.

 

If this option is available and you choose to integrate your C Space account with third party services or social media sites, C Space 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 expressly disclaims 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 Honoraria

C Space and the Sponsor value your participation in the Community. In exchange for sharing your views and perspectives in market research activities, we may offer a member honoraria program to members. As a member, you will have the option to opt out of receiving member honoraria for your participation. 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 Community.

 

If you elect to participate in the honoraria program, any honoraria you may receive will represent the fair market value (i.e., appropriate value) for taking part in Community and was not arrived at because of any volume or value of any referrals or business created between you and  C Space, the Community Sponsor, or the manufacturer of any products discussed in the research; nor does it create an obligation on you to undertake any commercial transaction, including referrals, purchase or usage of any products shown or discussed, with either C Space or the Community Sponsor or the manufacturer of any products discussed in the research.

 

 

If You Have Questions

Any questions regarding your participation in the Community should be directed to helpdesk@cspace.com. If you have technical difficulties accessing the community, please contact helpdesk@cspace.com.

 

 

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 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. 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.

 

 

Agreement

No other terms or conditions other than the above apply to any of the parties unless agreed to in writing. This agreement shall be effective upon the date on which you proceed below; however, your obligation of confidentiality shall survive termination of this agreement.