UserTesting CommUnity User Agreement
Welcome to the UserTesting CommUnity. When you use the CommUnity (defined below), you’re agreeing to these terms and conditions of use, which is a contract between You, the customer (“You”) and Us, UserTesting (“We”, “UserTesting”).
1.1. The UserTesting CommUnity is a web-based platform built on Influitive that enables you and other customers to receive invitations from us to participate in various challenges, such as but not limited to sharing items of importance to us on social media, speaking at one of our conferences, or talking about us to others (each a “Challenge”).
1.2. You agree that by providing us with your information and clicking “Accept”, you are entering into a legally binding agreement with us in your capacity as an authorized representative.
2.1. Your participation in the Community is completely voluntary. You may cancel your account at any time. Participation in a Challenge is also voluntary. You are free to refuse to participate in any Challenge.
2.2. The Community may allow you to interact with us and other members by posting your own content to the Community. “Content” means anything you post to the Community, including opinions, expressions, points of view, articles, videos, messages, photos, advice or any other information.
2.3. As between you and us, you own the Content that you post to the Community. 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.
2.4. 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 Community or by closing your Community account. 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 from the Community.
b. We will get your consent if we want to give others the right to publish your Content outside of the Community. However, other advocates of the Community may access and share your Content consistent with the functionality of the Community.
c. While we will not modify or amend your Content, we may make formatting changes to your Content.
2.5. If you participate in any Challenges, we may award you points based on your successful completion of the Challenge. We will automatically track your points for you. We will also display a leaderboard within the Community that sets out the number of points each Advocate has. This leaderboard is viewable by all other advocates of the Community. Please note that you can remove yourself from the leaderboard at any point in time, in your sole discretion.
2.6. We appreciate your thoughts about the Community. By submitting suggestions or other feedback about the Community to us, you agree that we can use and share (but do not have to use or share) such feedback for any purpose without compensation to you.
The Community Rules
3.1. We have certain rules that we require all of the advocates of our Community to follow. These rules help to ensure that the Community functions properly and benefits all participants, including us.
3.2. You agree that you will:
a. be at least 18 years old (and you cannot use the Community if you are younger than 18);
b. choose a strong password, keep your password secure and confidential, and not transfer any part of your account to anybody else. You are responsible for anything that happens through your account unless the use happens after you’ve closed your account;
c. use the Community in a professional manner and in accordance with any usage guidelines we may make available from time to time;
d. provide accurate and correct information about yourself to us and keep it updated, including using your real name in your Community profile; and
e. only post Content that does not violate the law or anyone else’s rights (including somebody’s intellectual property rights).
3.3. You agree that you will not:
a. create an account for somebody else;
b. use or attempt to use another advocate’s account;
c. harass, abuse, or harm another person;
d. scrape or copy profiles and information of others through any means;
e. act in an unlawful, libelous, abusive, obscene, discriminatory, or otherwise in an objectionable manner (to be determined within our sole discretion);
f. post Content that you do not have the right to post;
g. violate our intellectual property rights or use our intellectual property rights in anyway other than as expressly permitted by us;
h. post any Content that constitutes unsolicited or unauthorized advertising, such as junk mail, spam, or any other form of solicitation that we have not authorized;
i. post any Content or otherwise interact with the Community in any way that contains and/or spreads viruses, worms, or any other harmful code;
j. copy or use the Content of others, in connection with a service that competes with the Community;
k. reverse engineer, decompile, disassemble, decipher, or otherwise attempt to derive all or part of the source code for the Community or any related technology;
l. use bots or other automated methods to access the Community;
m. monitor the availability, performance, or functionality of the Community for any competitive purpose;
n. engage in framing, mirroring, or otherwise simulating the appearance or function of the Community;
o. rent, lease, loan, trade, or sell/resell access to the Community or any related information, data or Content;
p. imply or state that you are affiliated with us or endorsed by us without our prior written consent;
q. remove any intellectual property rights notices in the Community;
r. collect, use, copy, or transfer any third party Content without our consent; or
s. override or attempt to override any security features of the Community.
Messages, the service, and limitations
4.1. The Community may allow the sharing of Content and communication with other advocates. Other advocates or the public may see Content that you post, depending on the settings we offer and your choice of how to manage such settings.
4.2. We do not have to publish your Content, nor do we have to allow you to post Content. We reserve the right to remove any Content at any time for any reason, within our sole discretion.
4.3. We may change, suspend, or end any part or all of the Community at any time for any reason, in our sole discretion. To the extent permissible under applicable law, these changes are effective upon notice to you. Following such a change, if you do not want to continue to use the Community, please close your account immediately.
4.4. Depending on the functionality of the Community as it may exist from time to time, we may allow messaging amongst users of the Community. Any such messages must be sent in accordance with this Agreement and our usage guidelines.
4.6. Since we do not review Content before it is published, you may see Content that is inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Although we do our best to encourage advocates to follow the Community rules, you agree that we are not responsible for Content posted by anybody but us, or for any damages as a result of your use or reliance on such Content.
4.7. By joining the Community, you give us consent to email you about the Community, related services from us, and/or related services from third parties. If we send you a marketing email, you will always have the opportunity to opt-out of future marketing emails in the footer of every email we send you.
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.
Complaints about content
7.1. We respect the intellectual property rights of others. It is our aim that the Community contains no content that violates any third party rights. We try to accomplish this via this User Agreement. In addition, we also set out the policies and procedures in this Section 8 for individuals to identify potentially problematic or infringing Content.
7.2. When you submit a complaint to us, whether or not we take action, we may make a good faith effort to notify the individual who posted or submitted the Content, including by providing the complainant’s contact information, so that the individual who posted the Content is notified of the alleged violation of intellectual property rights or other content violation.
7.3. Please note that any notice or counter-notice you submit must be truthful and must be submitted under penalty of perjury. A false notice or counter-notice may give rise to personal liability. You may therefore want to seek the advice of legal counsel before submitting a notice or a counter-notice.
Claims regarding copyright infringement
Notice of copyright infringement
7.4. Pursuant to the Digital Millennium Copyright Act (“DMCA”), we have implemented procedures for receiving written notification of claimed infringements. We have also designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your copyright has been infringed, you may submit a written communication to us at email@example.com or our address set out above, setting out the following:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b. a description of the copyrighted work that you claim has been infringed;
c. a description specifying the location on our website of the material that you claim is infringing;
d. your telephone number and e-mail address;
e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f. A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
7.5. If you believe that a notice of copyright infringement has been improperly submitted against you, you may submit a counter-notice, in accordance with the DMCA. You may submit your counter-notice to firstname.lastname@example.org or to our office address set out above, setting out the following:
a. your physical or electronic signature;
b. identification of the Content removed or to which access has been disabled; and
c. a statement under penalty of perjury that you have a good faith belief that removal or disablement of the Content was a mistake or that the Content was misidentified.
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.