1 Your Usabilla Account and use of the
Website.
If you create a
account on the Website, you are responsible for maintaining the security of
your account, and you are fully responsible for all activities that occur under
the account and any other actions taken in connection with the account. You
must not describe your account in a misleading or unlawful manner, including in
a manner intended to trade on the name or reputation of others, and Usabilla
may change or remove any description that it considers inappropriate or
unlawful, or otherwise likely to cause Usabilla liability. You must immediately
notify Usabilla of any unauthorised uses of your outline, your account or any
other breaches of security. Usabilla will not be liable for any acts or
omissions by You, including any damages of any kind incurred as a result of
such acts or omissions.
Usabilla may from time
to time set storage limits for your results, or take any other measures Usabilla
considers appropriate to manage the Website. Usabilla will advise you of any
such change, and may do so in any reasonable manner, such as posting a change
on the screen you see when you log in to your Usabilla.com account or via the
"Usabilla.com blog" accessible at blog.usabilla.com. If you exceed the
storage limits, Usabilla may require you to reduce the storage you are using or
pay an appropriate fee.
Usabilla may post blog
entries about its policy changes, and you may wish to check your application
for Usabilla’s announcements about any such changes.
2 Responsibility of Users.
If you operate an
account, contribute to an account, post material to the Website, post links on
the Website, or otherwise make material available by means of the Website (any
such material, "Content"), You are entirely responsible for the content of, and
any harm resulting from, that Content. That is the case regardless of whether
the Content in question constitutes text, graphics, an audio file, or computer
software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content
will not infringe the proprietary rights, including but not limited to the copyright,
patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual
property you create, you have either (i) received permission from your employer
to post or make available the Content, including but not limited to any
software, or (ii) secured from your employer a waiver as to all rights in or to
the Content;
- you have fully complied with any third-party
licenses relating to the Content, and have done all things necessary to
successfully pass through to end users any required terms;
- the Content does not contain or install any
viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, and does not contain
unethical or unwanted commercial content designed to drive traffic to third
party sites or boost the search engine rankings of third party sites, or to
further unlawful acts (such as phishing) or mislead recipients as to the source
of the material (such as spoofing);
- the Content is not obscene, libelous, hateful or
racially or ethnically objectionable, and does not violate the privacy or
publicity rights of any third party; and
- you have, in the case of Content that includes
computer code, accurately categorized and/or described the type, nature, uses
and effects of the materials, whether requested to do so by Usabilla or
otherwise.
If you delete Content,
Usabilla will use reasonable efforts to remove it from the Website, but you
acknowledge that caching or references to the Content may not be made
immediately unavailable.
Without limiting any
of those representations or warranties, Usabilla has the right (though not the
obligation) to, in Usabilla’s sole discretion (i) refuse or remove any content
that, in Usabilla’s reasonable opinion, violates any Usabilla policy or is in
any way harmful or objectionable, or (ii) terminate or deny access to and use
of the Website to any individual or entity for any reason, in Usabilla’s sole
discretion. Usabilla will have no obligation to provide any refund of any
amounts previously paid.
3 Fees and Payment.
By selecting a paid
service you agree to pay Usabilla the monthly or annual subscription fees
indicated for that service. Payments will be charged on the day you sign up for
a service and will cover the use of that service for a monthly or annual period
as indicated. Service fees are not refundable.
4 Responsibility of Website Visitors.
Usabilla has not
reviewed, and cannot review, all of the material, including computer software,
posted to the Website, and cannot therefore be responsible for that material’s
content, use or effects. By operating the Website, Usabilla does not represent
or imply that it endorses the material there posted, or that it believes such
material to be accurate, useful or non-harmful. You are responsible for taking
precautions as necessary to protect yourself and your computer systems from
viruses, worms, Trojan horses, and other harmful or destructive content. The
Website may contain content that is offensive, indecent, or otherwise
objectionable, as well as content containing technical inaccuracies,
typographical mistakes, and other errors. The Website may also contain material
that violates the privacy or publicity rights, or infringes the intellectual
property and other proprietary rights, of third parties, or the downloading,
copying or use of which is subject to additional terms and conditions, stated
or unstated. Usabilla disclaims any responsibility for any harm resulting from
the use by visitors of the Website, or from any downloading by those visitors
of content there posted.
5 Content Posted on Other Websites.
We have not reviewed,
and cannot review, all of the material, including computer software, made
available through the websites and webpages to which Usabilla.com links, and
that link to Usabilla.com. Usabilla does not have any control over those non-Usabilla
websites and webpages, and is not responsible for their contents or their use.
By linking to a non-Usabilla website or webpage, Usabilla does not represent or
imply that it endorses such website or webpage. You are responsible for taking
precautions as necessary to protect yourself and your computer systems from
viruses, worms, Trojan horses, and other harmful or destructive content. Usabilla
disclaims any responsibility for any harm resulting from your use of non-Usabilla
websites and webpages.
6 Copyright Infringement.
As Usabilla requires
others to respect its intellectual property rights, it respects the
intellectual property rights of others. If you believe that material located on
or linked to by Usabilla.com violates your copyright, you are encouraged to
notify Usabilla. Usabilla will, as it is able, respond to all such notices,
including as required or appropriate by removing the infringing material or
disabling all links to the infringing material. In the case of a user who may
infringe or repeatedly infringes the copyrights or other intellectual property
rights of Usabilla or others, Usabilla may, in its discretion, terminate or
deny access to and use of the Website. In the case of such termination, Usabilla
will have no obligation to provide a refund of any amounts previously paid to Usabilla
to any person in respect of any such termination.
7 Trademarks.
Usabilla, Usabilla
B.V., UseGrade, Userate, Usabilla.com, the Usabilla logo, and all other
trademarks, service marks, graphics and logos used in connection with Usabilla.com,
or the Website are trademarks or registered trademarks of Usabilla or Usabilla’s
licensors. Other trademarks, service marks, graphics and logos used in connection
with the Website may be the trademarks of other third parties. Your use of the
Website grants you no right or license to reproduce or otherwise use any Usabilla
B.V., Usabilla or third-party trademarks.
8 Changes.
The Website, including
without limitation all content there available and these Terms and Conditions,
may be changed at the sole discretion of Usabilla and without notice. You are
bound by any such updates or changes, including but not limited to those
affecting these Terms and Conditions, and so should periodically review these
Terms and Conditions.
9 Limitation of warranties of Usabilla, its
suppliers and its licensors.
Except as otherwise
expressly stated, all content posted to or available from the Website is
provided "as is", and Usabilla, its suppliers and its licensors make no
representations or warranties, express or implied, including but not limited to
warranties of merchantability, fitness for a particular purpose, title or
non-infringement of proprietary rights. You understand and agree that you
download from, or otherwise obtain content or services through, the Website at
your own discretion and risk, and that Usabilla, its suppliers and its
licensors will have no liability or responsibility for any damage to your
computer system or data that results from the download or use of such content
or services. If you’re actually reading this, here’s a treat. Some
jurisdictions may not allow the exclusion of implied warranties, so some of the
above may not apply to you.
10 Limitation of liability of Usabilla, its
suppliers and its licensors.
Except as otherwise
expressly stated, in no event will Usabilla, its suppliers or its licensors be
liable to you or any other party for any direct, indirect, special,
consequential or exemplary damages, regardless of the basis or nature of the
claim, resulting from any use of the Website, or the contents thereof or of any
hyperlinked website including without limitation any lost profits, business
interruption, loss of data or otherwise, even if Usabilla, its suppliers or its
licensors were expressly advised of the possibility of such damages. In the
event fees are paid for the use of the Usabilla site pursuant to paragraph 3, in
no event will the aggregate liability for any and all of your claims against Usabilla,
its suppliers and its licensors arising out of or related to use of the
Website, or the contents thereof or of any hyperlinked website exceed the
amounts actually paid by you to Usabilla during the 12-month period prior to
the date a claim is made. Some jurisdictions may not allow the exclusion or
limitation of liability for certain incidental or consequential damages, so
some of the above limitations may not apply to you. The parties agree that this
Section 11 represents a reasonable allocation of risk.
11 User General Representation and Warranty.
You represent and
warrant that your use of the Website will be in accordance with the Usabilla
Privacy Policy, with these Terms and Conditions, with any applicable laws and
regulations, including without limitation any local laws or regulations in your
country, state, city, or other governmental area, regarding online conduct and
acceptable content, and including all applicable laws regarding the
transmission of technical data exported from the Netherlands or the country
in which you reside, and with any other applicable policy or terms and
conditions.
12 Indemnification.
You agree to defend,
indemnify and hold harmless Usabilla, its contractors, and its licensors, and
their respective directors, officers, employees and agents from and against any
and all claims and expenses, including legal fees, arising out of your use of
the Website and Service, including but not limited to out of your violation of
any representation or warranty contained in these Terms and Conditions.
13 Miscellaneous.
These Terms and
Conditions constitute the entire agreement between Usabilla and you concerning
the subject matter hereof, and they may only be modified by a written amendment
signed by an authorised executive of Usabilla, or by the posting by Usabilla of
a revised version on the Usabilla Website. Except to the extent of applicable
law, if any, provides otherwise, these Terms and Conditions, any access to or
use of the Website will be governed by the laws of the Netherlands. If any
part of these Terms and Conditions is held invalid or unenforceable, that part
will be construed to reflect the parties’ original intent, and the remaining
portions will remain in full force and effect. A waiver by either party of any term
or condition of these Terms and Conditions or any breach thereof, in any one
instance, will not waive such term or condition or any subsequent breach
thereof. You may only assign your rights under these Terms and Conditions to
any party that consents to, and agrees to be bound by, the terms hereof in
writing. Usabilla may assign its rights under these Terms and Conditions
without condition. These Terms and Conditions will be binding upon and will
inure to the benefit of the parties, their successors and permitted assigns.
Amsterdam, August 1th, 2009.
