Communispace Online Community
Member Agreement/Terms and Conditions

 

You must agree to the following terms and conditions of use before you access or otherwise use or participate in the Communispace Online Community. Your use of this Web site constitutes your agreement with Communispace to be bound by, and to act in accordance with, these Terms and Conditions.

 

Notification of Changes

We may change or revise these Terms and Conditions from time to time by updating this posting. Please visit the Terms and Conditions area each time you visit the Web site to keep up to date with the current terms regarding your use of the Web site. Your use of the Web site reaffirms your continuing agreement to the then-current Terms and Conditions. Any future changes to these terms and conditions will be posted on the community Web site.

 

Confidentiality

Your invitation to participate in the Communispace Online Community is personal and non-transferable. You or anyone in your household or immediate family cannot work for a company that provides market research, marketing, advertising or public relations, or for a communications provider (e.g. AT&T, Verizon, Comcast, DirecTV, Dish Network, RCN or any other provider). You may not disclose to others any of the information that we disclose to you or any ideas or information that are generated in the community. Your community member name and password are for your use only. As part of the registration process, you will be provided with a user name and a password. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, nor attempt to enter the service under the name of, another person. You will be responsible for preserving the confidentiality of your password and will notify us of any known or suspected unauthorized use of your account.  You are responsible for any use or misuse of your account or of your password

You agree to indemnify, defend, and hold harmless Communispace (including its parents, subsidiaries, and affiliates and all of their respective officers, directors, employees, agents, licensors, suppliers and any third-party information providers) against all claims, losses, expenses, damages and costs (including reasonable attorney fees) resulting from any breach of this Member Agreement or unauthorized use of this website.  Your indemnification obligation shall survive the termination of this Member Agreement.  At Communispace’s expense and election, we reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you and you agree to cooperate with Communispace in connection with its defense.

 

Your Posts and Submissions

You are solely responsible for any information that you submit or post on this website.  By using this website you agree not to submit, post or transmit any defamatory, abusive, obscene, threatening or illegal material, or any other material that infringes on the ability of others to enjoy this website or that infringes on the rights of others. We retain the right to deny access to anyone who we believe has violated these terms or any other term of this Member Agreement.

We reserve the right (but assume no obligation) to monitor, delete, move, or edit any submissions or postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. We will comply with all requirements of the law regarding disclosure of any submissions or postings on this website to others, including to law enforcement agencies and parties making civil legal requests. We will also comply with any other requirements of the law regarding disclosure of other aspects of your use of this website.

Any communications you send to this website or otherwise to Communispace are deemed to be submitted on a non-confidential basis and become the sole property of Communispace.  Communispace’ may, in its sole discretion, reproduce, use, publish, modify, disclose, distribute, or otherwise use these communications in any way and for any purpose.  All such uses by Communispace’ shall be without liability or obligation of any kind to you.  These uses may include, for example, use of the content of any such communications, including any works, marks or names, ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose without any obligation to compensate the originator of such communications and without liability to that person.

 

 

Privacy

To the extent that you also provide Communispace with any of your personally identifiable information, Communispace only will use such information in accordance with the privacy policy of Communispace, a copy of which is available at http://www.communispace.com/privacy. Please note that by clicking on the "I Accept" button below, any of your personally identifiable information you submit may be directed to a third party site administered and hosted by a third party vendor retained by Communispace provided, that in such event, the third party vendor will have no right to use any such information other than uses necessary to fulfill its services to Communispace.

By clicking-accepting these Terms & Conditions, you agree that Communispace may collect and process any personally identifiable information voluntarily provided by you on this Web site.

When collecting sensitive personal information (e.g. ethnicity, income, education, etc.), we are doing so for the purposes of creating a balanced community reflective of the consumer population or its segments in the telecommunications industry. Such information is not collected for any discriminatory purposes. You will always retain the right not to answer any question regarding personal information with which you do not feel comfortable.

By accepting these Terms & Conditions and by submitting personal information, including sensitive information, you explicitly consent to the processing of such information by Communispace consistent with this Member Agreement/Terms and Conditions.

 

Personal information collected on the site may be stored or processed in your country of residence or any other country in which Communispace, its client or its subcontractors or agents maintain facilities.  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 your personal information is stored and/or processed.  You cannot opt out of disclosure of your personal information if required by lawful order.   By using the site and agreeing to these Terms and Conditions, you consent to any transfer of information outside your country of residence.   

If you do not want your personally identifiable information collected, please do not submit it to us. If you have already submitted this information and would like us to correct or remove it from our records, please contact the community facilitator, Bridget Nelson, at banelson@communispace.com. Communispace is a self-certified member organization of the U.S. Department of Commerce EU Safe Harbor Framework, and strictly adheres to applicable data privacy protection laws.

 

Trademarks

You may not use any trademark or service mark appearing on this website without the prior written consent of the owner of the mark.

 

Code of Conduct

You agree not to upload, post or transmit to or distribute or otherwise publish through the Web site any materials which (i) restrict or inhibit any other user from using the Web site, or contain a virus or other harmful component, (ii) violate any applicable federal, state or local laws or violate or infringe any rights of third parties (including copyright, trademark, rights of privacy or publicity or any other proprietary right), or (iii) are not appropriate or pertinent to the purpose of the Web site or are libelous, defamatory or offensive. You will agree to abide by the copyrights, trademarks and other intellectual property and proprietary rights of Communispace.

You agree to abide by these rules of conduct:

 

Links to Third Party Sites

This Web site may contain links to other Web sites for informational purposes and are not intended to suggest any affiliation unless expressly stated. The reliability, availability and performance of these other Web sites are beyond Communispace’s control, and Communispace make no representations or warranties with respect to such Web sites. Communispace provides these links to you only as a convenience, and the inclusion of any link to such Web sites does not imply endorsement by Communispace of those Web sites. Communispace reserves the right to terminate any link or linking program at any time.   Any trademarks, copyright or other registered material or intellectual property of the Websites remain the property of their respective owners.

 

No Duty To Monitor

Communispace is not responsible for content provided by others and is under no obligation to pre-screen content posted within a Community. Communispace, however, retain the right to refuse to post, redact or delete any content for any reason whatsoever. Notwithstanding this right, Communispace is not responsible for any failure or delay in removing material.

 

Compliance with DMCA

Communispace complies with the provisions of the Digital Millennium Copyright Act (DMCA). The owner or the person entitled to enforce a copyright may notify Communispace of any violation of copyright in the Communispace Online Community by sending a notice containing the following information:

 

Send Notice to: 
DMCA Designated Agent
Communispace Corporation
100 Talcott Avenue
Watertown, MA 02472
U.S.A.

DMCA@communispace.com
Fax: 617.923.3446

 

Please note that this procedure is solely for notifying Communispace that copyrighted material has been infringed. THIS POLICY IS INTENDED TO COMPLY FULLY WITH THE REQUIREMENTS OF THE ONLINE COPYRIGHT INFRINGEMENT LIABILITY LIMITATION ACT.

 

Membership

Your membership in and access to the Communispace Online Community is strictly at the discretion of Communispace and may be revoked at any time with or without cause and without notice. You hereby release Communispace and its affiliates from any and all liability that may arise in connection with your use of the Communispace Online Community.

 

Indemnification

You agree to indemnify, defend, and hold harmless Communispace (including its parents, subsidiaries, and affiliates and all of their respective officers, directors, employees, agents, licensors, suppliers and any third-party information providers) against all claims, losses, expenses, damages and costs (including reasonable attorney fees) resulting from any breach of this Member Agreement or unauthorized use of this website.  Your indemnification obligation shall survive the termination of this Member Agreement.  At our expense and election, we reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you and you agree to cooperate with Communispace in connection with its defense.

 

Disclaimer of Warranties and Liability

YOU AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE WEBSITE, AND THE UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE INTERRUPTIONS, DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON THIS WEBSITE OR ANY MATERIAL AVAILABLE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THIS WEBSITE.

THIS WEBSITE IS PROVIDED TO YOU "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." COMMUNISPACE AND ITS AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, USEFULNESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE WEBSITE, NOR DO THEY GUARANTEE THAT THE WEBSITE WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

UNDER NO CIRCUMSTANCES SHALL COMMUNISPACE (INCLUDING ITS PARENTS, SUBSIDIARIES, AND AFFILIATES) OR ITS AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF ANY USE OR MISUSE OF THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF THE FORM OR CAUSE OF ACTION INCLUDING, BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE, AND OTHER TORT ACTIONS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF COMMUNISPACE AND ITS AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW. YOU AGREE THAT THE LIABILITY OF COMMUNISPACE (INCLUDING ITS PARENTS, SUBSIDIARIES, AND AFFILIATES) AND ITS AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE WEBSITE SHALL NOT EXCEED THE AMOUNT YOU PAID TO COMMUNISPACE FOR THE USE OF THE WEBSITE.

By using the website or those services, you agree to abide by those terms and policies.  We may change those terms and policies from time to time.  By continuing to use the website after we post any changes, you accept and agree to those terms and policies, as modified.

This Member Agreement has been made in and shall be construed in accordance with the laws of the Commonwealth of Massachusetts. By using this website, you consent to the exclusive jurisdiction of the state and federal courts in Boston, Massachusetts, in all disputes arising out of or relating to this Member Agreement or this website.  In the event that any portion of this Member Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect.

By using this website, you agree to abide by the terms of this Member Agreement. We hope you enjoy using this website, and we welcome suggestions for improvements.

 

Whom to Contact

If you have submitted personally identifiable information through this site, and would like that information deleted from our records, please contact your community facilitator, Bridget Nelson, at banelson@communispace.com

Last revised and effective:   March 1, 2012