Terms and Conditions for Samsung SmartLab
PLEASE READ THESE TERMS OF USE
("TERMS") CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION REGARDING
YOUR AND C SPACE’S AND OUR CLIENT’S LEGAL RIGHTS AND OBLIGATIONS,
INCLUDING LIMITATIONS AND EXCLUSIONS.
References in these
Terms and related documents to our “CLIENT” means Samsung
Electronics (UK) Limited and its related entities and companies.
By using or visiting a Site or a
Community (as defined below), you (also referred to as the "User",
"Participant" or "Member") signify that you have read,
understood and agree to be bound by this legal agreement with C Space
of 76-80, Whitfield Street, W1T 4EZ, (also referred to as "Promise
Communities", “Promise” or "the Company") and our CLIENT (and
collectively referred to as "us" or "we") under the terms
set out in this document, including its three sections: 'TERMS AND CONDITIONS',
'NON-DISCLOSURE AGREEMENT' AND 'PRIVACY POLICY' (the "Agreement").
The C Space service is
operated by Promise Corporation Ltd* through the site
www.cspace.com.
The service ("Service") consists of communities which are online
closed discussion sessions ("Community(ies)"), with an unlimited number of participants who
will join, so long as they meet pre-defined screening criteria. Communities
shall be run by C Space on behalf of its CLIENT.
We reserve the right, at our sole
discretion, to change, modify, add, or delete portions of this Agreement at any
time without further notice. If we do this, we will post the changes to this
Agreement on this page and will indicate at the top of this page the date the
Agreement was revised and the amendments become effective. Your continued use
of the Service or the Site after any such changes constitutes your acceptance
of the new Agreement. If you do not agree to abide by these
or any future Agreement, do not use or access (or continue to use or access)
the Service or the Site. It is your responsibility to regularly check
the Site to determine if there have been changes to the Agreement and to review
such changes.
Terms and
Conditions
Proprietary Rights and trademarks
All content available through the
Site and its Communities, including designs, text, graphics, pictures, video,
information, applications, software, music, sound and other files or
information appearing on the Site ("Site Content") are subject to
copyright and other intellectual property rights belonging to the Company, its
licensors, Users or its CLIENT, with all rights reserved. No Site Content may
be modified, copied, distributed, framed, reproduced, republished, downloaded,
displayed, posted, transmitted, or sold in any forms or by any means, in whole
or in part, without the owner's prior written permission.
C Space and the CLIENT are registered
trademarks in their respective countries of incorporation and may not be used,
including as part of trademarks and/or as part of domain names, in connection
with any product or service in any manner that is likely to cause confusion and
may not be copied, imitated, or used, in whole or in part, without the prior
written permission of the Company or the CLIENT as appropriate.
Community Users - Eligibility and
User Data
All members of the public are
eligible to apply to enter one Community at a time provided they are over 16
years old, but are subject to a screening process. Members of the public will
only be eligible to join a Community if they meet the screening criteria. Users
are not eligible to join if they are in any way associated with the marketing,
PR and market research fields, or any of our, or our CLIENT's, competitors, or
if they are currently a member of another similar Community. When you join a
Community, you agree to 1) provide accurate, true and complete answers to the
screening questionnaire; 2) ensure the security of your password,
identification and account details, or 3) keep your registration details up to
date and notify us of any changes in your circumstances. Failure to provide any
of the aforementioned information may void your eligibility to participate in a
Community.
In addition, you agree not to 1) register for more than one User account per
Community, or more than one Community at a time; 2) register for a User account
on behalf of an individual other than yourself; 3) register for a User account
on behalf of any group or entity; 4) impersonate any person or entity, or 5)
falsely state or otherwise misrepresent yourself.
Community Users - User Submissions
and user content
For clarity, you retain all of your
ownership rights in material you submit to the Site or to a Community
("User Submissions" or "Submissions"), which include,
without limitation designs, text, graphics, pictures, video, information,
applications, software, music, sound or any other files. However, by submitting
User Submissions to a Community, you hereby grant (and you hereby warrant that
you have the full authority together with all necessary consents to grant)
CLIENT and its associated companies a worldwide, irrevocable, perpetual,
non-exclusive, royalty-free license to use, reproduce, distribute, prepare
derivative works of, display, and perform your Submissions in connection with
the CLIENT’s business. The CLIENT further retains the right to retain your
Submissions even after they have been removed from the Community or Site or the
Community has ended.
You understand that all User
Submissions and Site Content, whether publicly posted or privately transmitted,
is the sole responsibility of the person from which the User Submission or Site
Content originated. This means that you, and not the Company or the CLIENT, are
entirely responsible for all content that you upload, post or e-mail via this
Site. We do not control User Submissions posted via this Site and therefore we
do not guarantee the accuracy, integrity or quality of the User Submission or
Site Content.
Community Users - User Conduct
You are solely responsible for all
and any User Submission that you add or upload to the Site or its Communities.
You represent, warrant and agree that no materials of any kind submitted
through your account or otherwise posted, transmitted, or shared by you on or through
the Service will violate or infringe upon the rights of any third party,
including copyright, trademark or other intellectual property rights, privacy,
publicity, confidentiality or other personal or proprietary rights; or contain
libellous, defamatory, discriminatory, obscene or otherwise unlawful
material.
In addition, you agree not to use the
Service or the Site to:
1) harvest or collect email addresses or other contact information of other
users of the Service or the Site by electronic or other means for the purposes
of sending unsolicited emails or other unsolicited communications;
2) use the Service or the Site in any unlawful manner or in any other manner
that could damage, disable, overburden or impair the Site;
3) use automated scripts to collect information from or otherwise interact with
the Service or the Site;
4) upload, post, transmit, share, store or otherwise make available any content
that we deem to be harmful, threatening, unlawful, defamatory, infringing,
abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of
privacy or publicity rights, hateful, or racially, ethnically or otherwise
objectionable;
5) upload, post, transmit, share or otherwise make available any unsolicited or
unauthorized advertising, solicitations, promotional materials, "junk
mail," "spam," "chain letters," "pyramid
schemes," or any other form of solicitation;
6) upload, post, transmit, share, store or otherwise make publicly available on
the Site any private information of any third party, including, addresses,
phone numbers, email addresses, National Insurance numbers and credit card
numbers;
7) solicit personal information from anyone under 18 or solicit passwords or
personally identifying information for commercial or unlawful purposes;
8) upload, post, transmit, share or otherwise make available any material that
contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment;
9) intimidate or harass another user;
10) upload, post, transmit, share, store or otherwise make available content
that would constitute, encourage or provide instructions for a criminal
offense, violate the rights of any party, or that would otherwise create
liability or violate any local, national or international law;
11) upload, post, transmit, share, store or otherwise make available content
that, in our sole judgment, is objectionable or which restricts or inhibits any
other person from using the Site, or which may expose the Company, its CLIENT
or its users to any harm or liability of any type;
12) impersonate any person or entity, falsely state or otherwise misrepresent
your affiliation with a person or entity or disguise the origin of any
content;
13) upload, post or e-mail any content that you do not have a right to transmit
under any law or under contractual or fiduciary relationships;
14) upload, post or e-mail any content that infringes any intellectual property
rights of any party;
15) solicit any business from other members of the Community.
You acknowledge that the Company does
not pre-screen content but that the Company shall have the right (though not
the obligation) in our sole discretion to move, modify or remove any content
that is available on the Site generally.
The Company, reserves the right to
remove any user content from the Site or any of its Communities, at any time,
without notice and at its own discretion or on request by the CLIENT.
Repeat Infringer Policy
We may terminate the use of the Site,
in appropriate circumstances and at our sole discretion, by users who infringe
this Agreement in any way. We reserve the right to report any illegal activity
or use of Site to the appropriate authorities without notice to the user.
Third Party Websites and Content
The Site contains (or you may be sent
through the Site or the Service) links to other websites ("Third Party
Sites") as well as articles, photographs, text, graphics, pictures,
designs, music, sound, video, information, applications, software and other
content or items belonging to or originating from third parties (the
"Third Party Applications, Software or Content"). Such Third Party
Sites and Third Party Applications, Software or Content are not investigated,
monitored or checked for accuracy, appropriateness, or completeness by us, and
we are not responsible for any Third Party Sites accessed through the Site or
any Third Party Applications, Software or Content posted on, available through
or installed from the Site, including the content, accuracy, offensiveness,
opinions, reliability, privacy practices or other policies of or contained in
the Third Party Sites or the Third Party Applications, Software or Content.
Inclusion of, linking to or permitting the use or installation of any Third
Party Site or any Third Party Applications, Software or Content does not imply
approval or endorsement thereof by us.
If you decide to leave the Site and
access the Third Party Sites or to use or install any Third Party Applications,
Software or Content, you do so at your own risk. You should review the
applicable terms and policies, including privacy and data gathering practices,
of any site to which you navigate from the Site or relating to any Third Party
Applications, Software or Content.
Disclaimers
We are not responsible or liable in
any manner for any User Submissions or Third Party Applications, Software or
Content posted on the Site or in connection with the Service, whether posted or
caused by users of the Site, by us, by third parties or by any of the equipment
or programming associated with or utilized in the Site or the Service.
Although we provide rules for user
conduct and postings, we have no obligation to review and vet any information
uploaded nor are we responsible for any offensive, inappropriate, obscene,
unlawful or otherwise objectionable content you may encounter on the Site or in
connection with any User Submission or Third Party Applications, Software or
Content. We are not responsible for the conduct, whether online or offline, of
any user of the Site or Service. Under no circumstances will we be liable in
any way for any User Submission, including (without limitation) any errors or
omissions in any User Submission, or for any loss or damage of any kind
incurred as a result of your use of any Site Content. You agree that you must
evaluate and bear all risks associated with the use of any Site Content
including any reliance on its accuracy or completeness. You also understand
that by using this Site, you may be exposed to content that is offensive,
indecent or objectionable.
The Site and the Service may be
temporarily unavailable from time to time for maintenance or other reasons.
Neither the Company nor the CLIENT assume responsibility for any error,
omission, interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorized access to, or
alteration of, User communications or connectivity to the Site.
We are not responsible for any
technical malfunction or other problems of any telephone network or service,
computer systems, servers or providers, computer or mobile phone equipment,
software, failure of email or players on account of technical problems or
traffic congestion on the Internet or at any Site or combination thereof,
including injury or damage to User's or to any other person's computer, mobile
phone, or other hardware or software, related to or resulting from using or
downloading materials in connection with the Web and/or in connection with the
Service insofar as it is permissible to exclude and limit such liability by
law. Nothing in this Agreement affects your statutory rights as a
consumer.
Under no circumstances will we be
responsible for any loss or damage, including any loss or damage to any User
Submission or personal injury or death (other than personal injury or death
directly caused by the our negligence), resulting from your use of the Site or
the Service, any User Submission or Third Party Applications, Software or
Content posted on or through the Site or the Service or transmitted to Users,
or any interactions between users of the Site, whether online or offline.
We reserve the right to change any
and all Site Content, software and other items used or contained in the Site
and any Services and platform applications offered through the Site at any time
without notice.
Reference to any products, services,
processes or other information, by trade name, trademark, manufacturer,
supplier, or otherwise does not constitute or imply endorsement, sponsorship or
recommendation thereof, or any affiliation therewith, by the Company or the
CLIENT.
Limitation on Liability
In no event shall C Space or the CLIENT’s officers, directors,
employees, or agents, be liable to you for any direct, indirect, incidental,
special, punitive, or consequential damages including but not limited to loss
of profits, loss of opportunities, diminution in share value, loss of
reputation, defamation, making ideas or trade secrets public, publishing
personal information or otherwise, whatsoever resulting from any 1) errors,
mistakes, or inaccuracies of Site Content; 2) personal injury or property
damage (other than personal injury or death directly caused by the our negligence
or any strict liability under statute or for fraud), of any nature whatsoever,
resulting from your access to and use of the Site; 3) any unauthorized access
to or use of our secure servers and/or any and all personal information and/or
financial information stored therein; 4) any interruption or cessation of
transmission to or from the Site; 5) any bugs, viruses, trojan
horses, or the like, which may be transmitted to or through the Site by any
third party, and/or 6) any errors or omissions in any content or for any loss
or damage of any kind incurred as a result of your use of any Site Content
posted, uploaded, downloaded, emailed, transmitted, or otherwise made available
via the Site, whether based on warranty, contract, tort, or any other legal theory,
and whether or not we are advised of the possibility of such damages. The
foregoing limitation of liability shall apply to the fullest extent permitted
by law in the applicable jurisdiction.
You specifically acknowledge that we
shall not be liable for User Submissions or Site Content or the defamatory,
offensive, or illegal conduct of any third party, or breach of any intellectual
property rights or confidentiality from either you posting Submissions or using
Site Content and that the risk of harm or damage from the foregoing rests
entirely with you.
Indemnity
You agree to indemnify and hold the
Company and the CLIENT and their subsidiaries and affiliates, and each of their
directors, officers, agents, contractors, partners and employees, harmless from
and against any loss, liability, claim, demand, damages, costs and expenses,
including reasonable legal fees, arising out of or in connection with any User
Submissions or Site Content, any Third Party Applications, Software or Content
you post or share on or through the Site, your use of the Service or the Site,
your conduct in connection with the Service or the Site or with other users of
the Service or the Site, or any violation of this Agreement or of any law or
the rights of any third party.
Termination
We may terminate your membership,
delete your profile and any content or information that you have posted on the
Site or through any platform application and/or prohibit you from using or
accessing the Service or the Site or any platform application for any reason,
or no reason, at any time in our sole discretion, with or without notice.
Governing Law, Venue and Jurisdiction
This Agreement shall be governed by,
construed, interpreted and applied in accordance with the laws of England,
without regard to principles of conflict of laws.
Non-Disclosure
Agreement
In this Non
Disclosure Agreement ("NDA") 'Confidential Information' means
information relating to the actual or proposed products, processes, techniques
and business activities of C Space or the CLIENT whether orally or
in writing, online or offline, and including (but not limited to) ideas,
financial information, intelligence, drawings, sketches, photographs, models
and computer software, together with User information of a similar nature
uploaded onto the Site.
In addition, all information
produced, shared and gathered in any of the Communities shall be considered
Confidential Information and therefore covered by the terms of this NDA.
Any Confidential Information
disclosed by us or appearing on the Site and uploaded by users of the Site
shall be disclosed or made available for access by you via the Site strictly on
the basis that the information is to be kept confidential by you and will not
in any way be described, used, charged, assigned or otherwise disposed of or
disclosed to any third party without the prior written consent of the Company
or the CLIENT or the user who uploaded such Confidential Information as
appropriate.
The provisions above shall not apply
to any information which:
·
is already known to the recipient at
the time of disclosure; or
·
is at the time of disclosure in
public domain; or
·
is lawfully communicated to you by a
third party who did not acquire it directly or indirectly from us or the Site
under an obligation of confidentiality, or
·
you are required by
law to disclose.
The disclosure of Confidential
Information on the terms of this NDA shall not of itself amount to a license to
you to use the Confidential Information. Any related plans, drawings and other
documentation disclosed with or as part of the Confidential Information shall
remain the property of us or the third party who uploaded such Confidential
Information onto the Site. Nothing in this NDA shall affect or lessen the
license to use Site Content granted by a User to the Company or its CLIENT as
set out in the Agreement.
The provisions of this non disclosure agreement is intended for the benefit of any
user who uploads content and makes such content available for other Users. Any
breach of the terms of this non disclosure agreement
shall entitle any user who has suffered loss or is likely to suffer loss to
enforce the terms of this agreement and to claim damages or other compensation
(including any injunctive relief) from the User who has breached the terms of
this agreement.
Privacy
Policy
References in this
Policy and related documents to our “CLIENT” means Samsung
Electronics (UK) Limited and its related entities and companies.
We care about the privacy of our
users. We ask that you read this Privacy Policy ('the Policy')
carefully as it contains important information about how we will use your
personal data. By using the Site or the Service, you are consenting to have
your personal data transferred to and processed in the United Kingdom or
forwarded to our CLIENT who may operate in various jurisdictions (including
outside the EEA) in accordance with this privacy policy. Further C Space
related entities (some of whom are located outside the EEA) may have access to
your personal data, although they will not be processing it.
Please note this privacy policy is
only concerned with information you provide to us which is personal to you i.e.
information which is sufficient to identify you such as your name and address
and any other personally identifiable information. It does not cover any other
information you may contribute to a Community.
Data Protection Compliance
The Company is committed to
compliance with Data Protection Act 1998 (DPA). For the purposes of the DPA,
C Space is the 'data controller' (i.e. the company who is
responsible for, and controls the processing of, your personal data).
You can find out about your rights at the ICO-Information Commissioner's Office
website: http://www.ico.gov.uk/for_the_public/personal_information.aspx
Personal information and other data
we collect
C Space collects
personal information when you register for a Community.
The data we collect is of two kinds:
·
general personal data
about you, such as name and address and any other information that you
voluntarily provide when completing a registration form or other form online.
·
data specific to a particular
Community selection criteria, which may not be relevant to other Communities
In addition, we will collect
information and data about you during a Community session. This may include a
variety of types of information and formats, and you are not under any
obligation to provide it - this is referred to above as User Content, for which
you are fully responsible.
We may also collect data when you
send us feedback, post material, contact us for any reason or sign up to a
service. We may also obtain sensitive personal data about you if you volunteer
it during the completion of an online form. If you volunteer such information,
you will be consenting to our processing it for the purpose or the services for
which such information was requested or given.
We may monitor your usage of this
website. This may include monitoring how many times you visit, which pages you
go to, traffic data, location data and the originating domain name of a user's
internet service provider. This information helps us to build a profile of our
users. This data will be aggregated which means that we will not be able to
identify you individually. Please see further the section on 'Use of cookies'
below.
Use of data
The Company will use personal
information to screen and assess your eligibility to join a Community.
The Company may also use personal
information for:
·
auditing, research and analysis to
operate and improve our technologies and services;
·
helping us identify you and any
accounts you hold with us;
·
administration;
·
statistical analysis;
·
fraud prevention and detection and
security vetting;
·
customizing this Site and its content
to your particular preferences, or
·
notifying you of any changes
to this Site or our services which may affect you.
The Company may share aggregated
non-personal information with third parties, including, but not only, our
CLIENT. The Company may use third parties to assist us in processing your
personal information; however the Company will require that such third parties
comply with our Privacy Policy and any other appropriate confidentiality and
security measures.
The Company may also share
information with third parties in limited circumstances, including when
complying with legal process, preventing fraud or imminent harm, and ensuring
the security of our network and services.
C Space process personal
information on our servers in the United Kingdom and in other countries. In
some cases, C Space process personal information on a server
outside your own country. Our CLIENT has operations in the United Kingdom and
elsewhere (including outside the EEA) and you agree that the Company may
transfer your personal data to the CLIENT’s (and those of its affiliated
companies) countries. Although such countries may not have as stringent data
protection laws as those of the European Union rest assured that C Space
will always ensure any transfer is subject to contractual provisions that will
safeguard your personal data.
C Space will store your personal data
for the length of the online Community and one month after it closes, at which
point all Member personal data will be destroyed.
Information sharing
C Space will only share
personal information with other companies or individuals outside of the Company
in the following limited circumstances:
·
C Space have your consent.
C Space require consent for the sharing of any sensitive
personal information.
·
C Space provide your
information to third parties for the purpose of giving you agreed
participation rewards and incentives.
·
C Space provide such
information to our subsidiaries, affiliated companies or other trusted
businesses or persons for the purpose of processing personal information on our
behalf. C Space require that these
parties agree to process such information based on our instructions and in
compliance with this Policy and any other appropriate confidentiality and
security measures.
·
The Company will share with our
clients certain pieces of aggregated, non-personal information, resulting from
the analysis of the Community outputs. Such information does not identify you
individually. If for any reason the client wants to contact you directly, the
Company will obtain your consent in advance.
Information security
The Company takes appropriate
security measures to protect against unauthorized access to or unauthorized
alteration, disclosure or destruction of data. These include internal reviews
of our data collection, storage and processing practices and security measures,
as well as physical security measures to guard against unauthorized access to
systems where we store personal data.
The Company restricts access to
personal information to our employees, contractors and agents who need to know
that information in order to operate, develop or improve our services. These
individuals are bound by confidentiality obligations and may be subject to
discipline, including termination and criminal prosecution, if they fail to
meet these obligations.
Keeping your data secure
C Space will use
technical and organizational measures to safeguard your personal data, for
example: access to your membership is controlled by password and username which
are unique to you and the Company stores your personal data on secure servers.
Whilst C Space will use
all reasonable efforts to safeguard your personal data, you acknowledge that
the use of the internet is not entirely secure and for this reason we cannot
guarantee the security or integrity of any personal data which is transferred from
you or to you via the internet.
Use of cookies
When you use this Site, C Space
may collect information about your computer, such as your IP address and/or
browser, which C Space will use for administration purposes and
statistical analysis. This information will not usually identify you
personally. C Space may use technologies to learn about how you
use our Site in order to improve the quality of our services. Our servers
automatically record information when you visit our website or use some of our
services, including the URL, IP address, browser type and language, and the
date and time of your request.
C Space may also obtain
information about your online movements and use of the internet by placing a
'cookie', which is a small file, on your computer's hard disk. Cookies may be
used for several reasons:
- To recognize you whenever you visit this Site;
- to speed up access to this Site (so you do not have to log
on each time);
- to store your personal preferences;
- to build a profile about you;
- to understand how you use the site and improve it.
The vast majority of web browsers
accept cookies. However, you can change your browser settings so that cookies
are not accepted. If you do this, you may lose some of the functionalities of
this Site. For further information about cookies and how to disable them please
go to: http://www.aboutcookies.org/
Please contact us at the address below
for any additional questions about the management or use of personal data.
C Space
Bankside 2, 90-100 Southwark Street
London SE1 0SW
UK
*Promise Corporation Ltd is a limited
company registered in England and Wales No 4905383.