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 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
- 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:
- only you use your username and
password; and
- you provide correct, current
and complete information about yourself when registering.
- 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.
- 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.
- 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
- 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”).
- 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:
- While participating in the
Community, you will respect the rights of the other members to use the
Community as it was intended.
- You will only access the
Community if you are a member of 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 respond accurately 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 (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:
- 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
- Your Content must not contain
any identifiable brands or logos other than Sponsor brands or logos.
- 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.
- 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.
- 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.
- You will not copy or download
any material from the Community unless instructed to do so by a Community facilitator.
Your Privacy
The privacy of your personal data
is important to us. Please see the Privacy
Policy which forms part of these General Terms, for details of how
your personal data is held and processed.
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 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
- 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.
- 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:
- remove any copyright or other
proprietary notices contained in the Materials;
- use any Materials from the
Community in any manner that may infringe any of our Rights or the Rights
of a third party; or
- 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.
- 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.
- 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
- 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
- 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.
- 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
- 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 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.
- 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.
- 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.
- 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 and Take
Down Procedure
- 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.
- 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.
- If you wish to request us to
stop using any of Your Content at any time, you should notify us by
emailing helpdesk@cspace.com 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.
- 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.
- 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
- 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
- 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
- You acknowledge that we cannot
guarantee that the Community will:
- stay the same, as we might
change or remove it or make access to it subject to registration or charges;
- be compatible with all or any
hardware or software which you may use;
- be available all the time or
at any specific time;
- be accurate and up to date; or
- be error-free or free of
viruses, electronic bugs, Trojan horses or other harmful components and
you must take your own precautions accordingly.
- You also acknowledge that:
- we cannot guarantee the speed
or security of the Community; and
- 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.
- 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
- 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.
- 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.
- We do not exclude our liability
(if any) to you for:
- personal injury or death
resulting from our negligence;
- fraud or fraudulent
misrepresentation; or
- any matter for which it would
be illegal for us to exclude or to attempt to exclude our liability.
- 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
- 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
- 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.
- You may not assign, sub-license
or otherwise transfer any of your rights under these General Terms.
- 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.
- 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.