Terms Of Service
Last updated on 12th of May 2010
- UserThought.com ("UserThought" or the "Company") offers
UserThought (the "Service") according to the terms of service (the "Terms
of Service" or the "Agreement") declared below. The Company reserves
the right to modify these terms without notice. Your continued usage of
the Service, as either a user or an Account Holder (as defined below),
constitutes your acceptance of these terms, available at
Violation of any terms will result in termination of your account.
Questions about the Terms of Service may be sent to firstname.lastname@example.org.
- Account Terms
Service is not intended for children under 13. By using the Service,
you are representing that you are at least 18, or that you are at least
13 years old and have your parents' permission to use the Service.
- The Company can refuse registration or cancel an account in its sole discretion at any time.
are responsible for using the Service in a private and secure manner.
The Company is not liable for any damage or loss due to unauthorized
account access resulting from your actions, such as sharing your
account password or not logging out of the Service.
- You may not register accounts with unauthorized automated methods ("bots").
- You may not use the Service for any illegal activity or to violate laws in your jurisdiction.
- You may not use the Service to distribute unsolicited email ("spam") or malicious content such as viruses or worms.
- You may not exploit the Service to access unauthorized information.
- Payment, Refunds, Upgrading and Downgrading Terms
- A valid credit card is required for paying accounts.
- You will not be automatically billed after your trial period.
The service will be just suspended. You will be able to resume it.
- An upgrade from any free plan to any paying plan
will end your free trial. You will be billed for your first month
immediately upon upgrading.
- The Service is billed in
advance on a monthly basis and is non-refundable. There will be no
refunds or credits for partial months of service, upgrade/downgrade
refunds, or refunds for months unused with an open account. In order to
treat everyone equally, no exceptions will be made.
fees are exclusive of all taxes, levies, or duties imposed by taxing
authorities, and you shall be responsible for payment of all such
taxes, levies, or duties, excluding only United States (federal or
- For any upgrade or downgrade in plan level,
your credit card that you provided will automatically be charged the
new rate on your next billing cycle.
- Downgrading your
Service may cause the loss of features or capacity of your Account. The
Company does not accept any liability for such loss.
- Cancellation and Termination
may cancel your subscription at any time by clicking the "Suspend Account"
link from Management Panel. This
will not delete any of your account data, but will disable administrative access for your account. Should
you wish to permanently delete all pages and feedbacks associated with
your account, please contact us at support[at]userthought[dot]com.
Company reserves the right to suspend or terminate your account at any
time for any reason, and is not liable for any damage or loss resulting
from such suspension or termination.
- Modification to Service and Fees
- The Company reserves the right to modify, suspend, or discontinue the Service for any reason, with or without notice.
Company reserves the right to modify any prices of the Service (such as
the subscription fees). The Company agrees to provide 30 days notice of
any price change, posted to the Service or emailed to all active
- User Conduct and Submissions
remarks, ideas, graphics, photographs, or other information
communicated to the Account Holder (collectively, "Content") posted on
the Service in a Hosted Area belong to the person who posted such
content. You may use any Content posted by you in any other way without
restriction. You may only use Content posted by others in the ways
described in these Terms of Service.
Company has the right, but not the obligation, to remove Content that
it determines in its sole discretion to be unlawful, offensive,
threatening, libelous, defamatory, obscene or otherwise objectionable,
that violates any party's intellectual property, or that is detrimental
to the quality or intended spirit of the the Service. The Company also
has the right, but not the obligation, to limit or revoke the use
privileges of account of anyone who posts such Content.
- Examples of unacceptable Content or behavior on the Service include
- abuse, harassment, threats, flaming or intimidation of any person or organization
- engaging in or contributing to any illegal activity or activity that violates others' rights
- use of derogatory, discriminatory or excessively graphic language
- providing information that is false, misleading or inaccurate
- hacking or modifying the Company Service or another Web site to falsely imply an association with the Company
or pretending to be affiliated with a company or organization with
which you are not affiliated, or misrepresenting the extent of your
affiliation or role with an affiliated company or organization
- transmitting worms, viruses or harmful software
- sending spam
- disclosing personal or proprietary information of another user, person or organization
Company cannot control all Content posted by third parties to the
Service, and does not guarantee the accuracy, integrity or quality of
such Content. You understand that by using the Service you may be
exposed to Content that you may find offensive, indecent, incorrect or
objectionable, and you agree that under no circumstances will the
Company be liable in any way for any Content, including any errors or
omissions in any Content, or any loss or damage of any kind incurred as
a result of your use of any Content. You understand that you must
evaluate and bear all risks associated with the use of any Content,
including any reliance on the content, integrity, and accuracy of such
Content. Urgent issues
can be reported to support[at]userthought[dot]com.
is currently located at
- Copyright, Ownership, and Data Security
Company owns intellectual property rights to any protectable part of
the Service, including but not limited to the design, artwork,
functionality, and documentation. You may not copy, modify, or reverse
engineer any part of the Service owned by the Company.
- By posting Content to the Service, you hereby
represent and warrant that you have the right to post that Content and
to grant the foregoing rights to the Company.
- The Company reserves the right to remove any Content from the service, at its sole discretion.
Company is not liable for any damages or losses resulting from the
Service transmitting information such as invoices and personal messages
over unencrypted networks such as email.
- The Company
respects the intellectual property of others. It may, in appropriate
circumstances and at its discretion, disable and/or terminate the
accounts of users who repeatedly infringe others' rights.
- Account Holder Terms
- Compliance with Laws.
Account Holder will not, will not agree to, and will not authorize or
encourage any third party to (a) interfere or attempt to interfere with
the proper working of the Service or any other Account Holder's use of
the Service, including through abuse of server capacity; or (b) use the
Service for any fraudulent or unlawful purpose. Violation of any of the
foregoing may result in immediate termination of this Agreement, at
UserThought's sole discretion, and may subject Account Holder to state
and federal penalties and other legal consequences. UserThought reserves
the right, but will have no obligation, to review Account Holder's use
of the Service in order to determine whether a violation of this
Agreement has occurred or to comply with any applicable law,
regulation, legal process, or governmental request.
- Representations and Warranties.
Without limiting any other representation, warranty or covenant herein,
each party hereby represents and warrants to the other party that: (a)
it has the full right, power and authority to enter into this
Agreement; (b) this Agreement is a valid and binding obligation of such
party; and (c) it has obtained and shall maintain throughout the term
of this Agreement all necessary licenses, authorizations, approvals and
consents to enter into and perform its obligations hereunder in
compliance with all applicable laws, rules and regulations.
- Indemnification. Each
party agrees to defend, indemnify and hold the other party and its
affiliates harmless from and against any third-party claim and any
related losses, costs, liabilities and expenses, including reasonable
attorneys' fees, arising out of the breach of any representations,
warranties or covenants made by such party herein, or out of such
party's negligence or willful misconduct. Each party (the 'Indemnified
Party') reserves the right, at the other party's expense, to assume the
exclusive defense and control of any matter for which the other party
is required to indemnify the Indemnified Party and the other party
agrees to cooperate with the Indemnified Party's defense of such
- UserThought Warranties; Disclaimers.
UserThought hereby represent and warrants that neither the Service nor
use of the UserThought Platform as contemplated herein will infringe on
the rights of any third parties or violate any applicable laws or
regulations, including, without limitation copyright, trademark and
patent laws. UNLESS EXPRESSLY SET FORTH IN THIS AGREEMENT, USERTHOUGHT
MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY MATTER,
INCLUDING WITHOUT LIMITATION ADVERTISING AND OTHER SERVICES, AND
EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OR CONDITIONS OF
NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR
PURPOSE. USERTHOUGHT DOES NOT WARRANT THE RESULTS OF USE OF THE SERVICE,
AND ACCOUNT HOLDER ASSUMES ALL RISK AND RESPONSIBILITY WITH RESPECT
- YOU ASSUME ALL RISK AND RESPONSIBILITY FOR YOUR DECISION TO USE THE USERTHOUGHT SERVICES. THE USERTHOUGHT SERVICES AND ALL RELATED SERVICES ARE OFFERED "AS IS" AND USERTHOUGHT DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- Although we will make every effort to keep our service up and running, it may be unavailable at times. We do not warrant or ensure the continuous availability of our services.
- Limitation of Liability and Damages.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,
SYSTEM FAILURE OR NETWORK OUTAGE, WILL EITHER PARTY OR ITS AFFILIATES
BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES THAT RESULT FROM THIS
AGREEMENT, EVEN IF SUCH PARTY OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR THE INDEMNITY
OBLIGATIONS SET FORTH HEREIN, IN NO EVENT WILL EITHER PARTY'S OR ITS
AFFILIATES' TOTAL LIABILITY TO THE OTHER PARTY FOR ALL DAMAGES, LOSSES,
AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT
(WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, WARRANTY, OR
OTHERWISE) EXCEED THE AMOUNTS PAID BY ACCOUNT HOLDER TO USERTHOUGHT
- Ownership; Licenses.
- Customer Data.
As between the parties, Account Holder shall retain all right, title
and interest in and to all any remarks, ideas, graphics, photographs,
or other information communicated to Account Holder by its customers
(collectively, 'Content') via the Service. Account Holder's customers
are granted a license to use their posted Content in any way that does
not violate the General Website Terms (as defined below). UserThought is
granted a revocable, worldwide, royalty-free, non-exclusive license to
use and reproduce the Content solely for the purposes of implementing
and maintaining the Service and fulfilling its obligations hereunder.
- Account Holder Data.
As between the parties, Account Holder shall retain all right, title
and interest in and to all documents, messages, graphics, logos,
images, files, data and other information transmitted through the
Service by Account Holder (collectively, the 'Account Holder Data'),
provided, however, that Account Holder hereby grants to UserThought a
worldwide, royalty-free, fully sublicenseable, non-exclusive license to
use the Account Holder Data solely for the purposes of implementing and
maintaining the Service and fulfilling its obligations hereunder.
Notwithstanding the foregoing, 'Account Holder Data' does not include
non-identifiable aggregate data and usage statistics compiled by
UserThought in connection with Account Holder's use of the Service, which
data and statistics each party may use in its discretion (but which
UserThought may not disclose to any third party in a manner that
identifies Account Holder in connection therewith), and which UserThought
shall make available to Account Holder on an ongoing basis during the
- UserThought Platform.
UserThought shall own and retain all right, title, and interest in and to
its web-based channel for customer and user feedback (the 'UserThought
Platform') , provided, however, that UserThought hereby grants to Account
Holder a worldwide, non-exclusive license to use the UserThought Platform
and related software as contemplated herein. Account Holder
agrees not to copy, alter, modify, or create derivative works of the
UserThought Platform or otherwise use the Service in any way that
violates the use restrictions contained in this Agreement. Except as
otherwise expressly set forth herein, UserThought does not grant to
Account Holder any license, express or implied, to the intellectual
property of UserThought or its licensors.
- General Conditions
abuse or threatened abuse of other users of the Service or of Company
personnel will result in immediate account termination.
- Any failure of the Company to enforce or exercise a right provided in these terms is not a waiver of that right.
- Should any provision of these terms be found invalid or unenforceable, the remaining terms shall still apply.
Terms of Service constitutes the entire agreements between you and the
Company and supersedes any and all previous agreements, written or
oral, between you and the Company, including previous versions of the
Terms of Service.