Effective date: October 12, 2022
- Accessing and using the Website
You may access and use the Website for your own internal purposes, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all applicable laws
The Website includes discussion forums where you may interact with Us or other members by posting your own Content (as defined below). All such forums shall be used only for non-commercial purposes. You are solely liable for any Content you upload or transmit to and for your activity in connection with the discussion forums on the Website. “Content” means anything you post to the Website, including opinions, expressions, points of view, videos, messages, photos, advice or any other information.
We reserve the right to withdraw or amend this Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website.
You access the Website at your own risk. We are not liable for any errors or omissions in the Website or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Website or what actions you may take as a result of having been exposed to the Website, and you hereby release us from all liability for you having acquired or not acquired through use of the Website..
UserTesting has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Website. In addition, UserTesting will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Website, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
- Right to Content
As between you and Us, you own the Content that you post to the Website. However, by posting Content, you give us the right to use this Content, subject to certain limitations that we set out below. In legal language, this means that if you post Content, you give us a non-exclusive, royalty-free, perpetual, transferable and sublicensable license to use, copy, modify, distribute, publish and process your Content, without any further consent, notice, or compensation to you or any other third party.
Our rights to the Content are limited in the following ways:
a. You can end our license for any particular piece of Content by deleting it from the Website. However, if you have shared the Content with others and they have made a copy or stored your Content, it may not be completely deleted or removed.
b. We will get your consent if we want to give others the right to publish your Content outside of the Website. However, other individuals accessing and using the Website may access and share your Content.
c. While we will not modify or amend your Content, we may make formatting changes to your Content.
- Your use of the Website is subject to the following additional restrictions:
You represent, warrant, and agree that you will not contribute, provide, create or transmit any Content (each of those terms is defined below) or otherwise use the Website or interact with the Website in a manner that:
- Infringes or violates the intellectual property rights or any other rights of anyone else (including UserTesting). We reserve the right to remove Content that infringes on any patent, trademark, trade secret, copyright or other intellectual property rights of any other person or infringe a copyright in direct violation of the Digital Millennium Copyright Act (“DMCA”) or any similar legislation;
- Violates any law or regulation, including any applicable export control laws;
- Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
- Violates the security of any computer network, or cracks any passwords or security encryption codes;
- “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Website o (through use of manual or automated means);
- Copies or stores any significant portion of the Website;
- Decompiles, deciphers, disassembles, reverse engineers, or otherwise attempts to obtain or derive any source code or underlying ideas or information or algorithms of or relating to the Website;
- 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 or to damage or obtain unauthorized access to any system, data, password or other information of UserTesting or any third party;
- Modifies, translates or otherwise creates derivative works of any part of the Website; and
- Copies, rents, leases, distributes or otherwise transfers any or all of the rights that you receive hereunder.
A violation of any of the foregoing is grounds for termination of your right to use or access the Website.
- Disclaimer of Warranties; Exclusions and Limits of Liability
Please read this entire Section 5 as it excludes and limits our liability to you in certain ways
5.1. We do not exclude or limit any liability that cannot be excluded or limited under applicable law. If you live in a country where any of the exclusions and/or limitations set out in this section 5 are not allowed, such exclusions and/or limitations do not apply to you.
5.2. Subject to section 5.1, we:
a. will provide you access to the Community and any related services with reasonable skill and care, provided that we disclaim all other warranties, conditions, representations or other terms, whether express or implied;
b. do not guarantee that the Community will function without interruption or errors, or at all; and
c. will provide the Community on an “as is” and on an “as available” basis, subject to 5.2(a).
5.3. Subject to sections 5.1 and 5.2, we exclude all liability, whether in tort (including for negligence), breach of statutory duty, contract, misrepresentation, restitution or otherwise, direct or indirect, whether foreseeable, known, foreseen or otherwise, for any: (a) lost profits (of any kind); (b) loss or corruption of data; (c) loss of reputation or goodwill; or (d) for any special, indirect or consequential loss, costs, damages, charges or expenses, however arising.
5.4. Subject to sections 5.1, 5.2 and 5.3, our total liability, however arising, will under no circumstances exceed in aggregate, the greater of $1,000.
5.5. If anyone brings a claim against us related to your actions or any Content you post to the Community, you will indemnify us from all damages, losses, and expenses of any kind (including reasonable legal fees and costs) that we suffer arising out of claim.
- Suspension and termination
6.1. We may suspend your access to your account if you violate any material obligation of this Agreement.
6.2. Both you and us may terminate this Agreement at any time for any reason, with notice to the other party. On termination, you lose the right to access or use the Community.
6.3. The sections of this Agreement that need to survive termination in order to give full effect to their provisions, survive the termination of this Agreement.
8.1. The only way you can provide us legal notice is to the address we have provided at the beginning of this User Agreement.
8.2. The following rules of interpretation apply to this Agreement: (a) the words “include” and “including” are deemed to have the words “without limitation” following them; (b) references to the singular include the plural and vice versa; and (c) references to “will” are to be construed as having the same meaning as “shall”.
8.3. If any term of this Agreement is found invalid, illegal or unenforceable, the rest of the Agreement remains in effect.
8.4. If we do not enforce a term of the Agreement, it is not a waiver of that term or any other term.
8.5. This Agreement makes up the entire agreement between you and us, and supersedes any prior agreements.
8.6. You will not transfer any of your rights or obligations under this Agreement to anyone else without our consent. All of our rights and obligations under this Agreement are freely assignable by us in connection with a merger, acquisition, sale of assets, by operation of law or otherwise.
8.7. If you are a resident of the United States, this Agreement shall be construed in accordance with and governed by the laws of the state of California and subject to the exclusive jurisdiction of the state of California.
The opinions expressed in this publication are those of the authors. They do not necessarily reflect the opinions or views of UserTesting or its affiliates.