General User Terms
These General User Terms ("General User Terms" or "User Terms") are entered into and agreed to by ComHQ, and its Associates, and all users of the ComHQ Sites and Services ("Sites and Services") as a condition of accessing and using those Sites and Services. These General User Terms manage the use of ComHQ sites and guide their Reviews Program.
Users to whom these General User Terms apply may include, but are not limited to, potential software buyers, software vendors, software reviewers, industry insiders and media relations professionals (each a "User" or "You").
The right to alter, update or modify the General User Terms rests solely with ComHQ. If you are a “User as defined above, you are expected to check this space regularly for any updates. Your continuous use of the ComHQ Sites and Services, would mean you accept and abide by the changes posted here.
Considering the points established above, you the User hereby agrees as follows:
For a glossary of definitions used in these General User Terms, please click here.
Only users of age 18 and above can access these Sites and Services. Use of the Sites and Services by anyone below age 18 is not permitted. By accessing or using the Sites or Services you represent and warrant that you are 18 years of age or older.
[to the extent our Sites and Services require a User Account]
You agree to the following when creating a user account:
(i) Giving out data accurate and current data about you and your company ("Registration Data")
(ii) Always maintain the privacy of your Account and log-in credentials, if applicable
Use of Website
The use of our Site by you indicates that you are responsible for all activities and content you post therein. You represent and permit, to the best of your knowledge:
- Any and all information you post or provide, including, but not limited to, as part of any registration or application or to gain access to the Sites or Services, is accurate. The information is not misleading and you do not permit any other person or entity to gain access to your account.
- The User Content you upload, post, email, transmit, or otherwise make available to us or on our site, including without limitation reviews, trademarks, logos and screenshots, is correct and free of third party interferences.
- You will comply by the Community Guidelines, when using our sites and be accountable of such User Content related to your submission through our Sites and/or Services;
- You will not post User Content that is unlawful, malicious, defamatory, infringing, libelous, abusive, disparaging, pedophilic, pornographic, obscene, invasive of another's privacy, promotes illegal activities/conduct or violates local, state, national or other applicable laws or regulations;
- You will not post User Content that you don’t possess the right to under any law or contractual or fiduciary relationship (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or information protected under nondisclosure agreements);
- You will refrain from providing User Content that contains a software virus or any other code files or programs with the ability to interrupt, destroy, compromise, or otherwise limit the functionality of any computer software or hardware or telecommunications equipment.
- You will not disguise, manipulate or forge headers or other identifiers for the purpose of to be posted on the sites with the intention to mislead.
- You will refrain from framing or utilizing framing techniques to enclose any trademark, logo, or other proprietary information of the Website or our Vendors without our express written consent;
- You will desist avoiding, bypassing, reverse engineering, interfering with, deactivating, impairing, descrambling or otherwise evading any technical measures implemented by us to administer and protect our Sites and Services;
- You will strictly refrain from using any automated means or form of data scraping or data extraction to access, query, download or otherwise collect our Content or related information from our Site, with the exception of instances permitted by us, or otherwise without authorization use or upload our Content; or create new links, reposts, or referrals through the use of any engine, software, tools, agent, device or mechanism (including automated scripts, spiders, robots, crawlers and data mining tools);
- You are not to replicate, download, publish, modify or otherwise distribute our Content for any purpose other than for your own individual use;
- You are to refrain from amassing and “harvesting” information from our Sites understood as personal information ("Information") of other Users without their consent for the purpose of transmitting uninvited commercial mass mailings, "spamming" or for any other unlawful purpose;
- You will not access our Sites and Services by any means other than through interfaces authorized by us and these General User Terms;
Our Reviews Program
How the Program Works: Our Sites and Services are powered by User-generated Reviews. As the main fuel, we encourage reviews on business services and applications. You acknowledge and agree that we are the website operator and as such only provide a platform for reviews. However, the opinions expressed on services and products do not belong to us and so we cannot be held liable for the same. We may provide incentives as a standard practice to motivate our reviewer base but that has no bearing over the nature of the review itself. We provide clear notice on our Sites when a reviewer has been offered a nominal incentive for submitting an honest review. Users can post anonymously but the submission to our Quality Assurance team must be with all the information that can verify their identity.
Our Community Guidelines
You (whether a software buyer, vendor or reviewer), acknowledge and agree to adhere to our Community Guidelines, as a part of our Reviews Program. Our Community Guidelines are the rule outlines for our vendors and users. The QA process, the prerequisite guides informing reviews, and the process for flagging reviews for investigation are all part of this. We are a neutral platform and only content that doesn’t adhere to our established guideline, shall be removed under advisement. Our Community Guidelines further outline the protections we put in place to maintain high-quality, trusted reviews, as well as the respective rights of reviewers and vendors.
Intellectual Property Rights (IPR)
The content on our Sites is created by Users, Vendors and Reviewers. This section sets out the ownership and usage rights for each type of Content.
Listed company names are the service marks and trademarks of their respective companies.
Our IP: Our Sites and all intellectual property rights therein, Inclusive of but not limited to, the vendor listings we create from publicly available or licensed Content, along with our Services and/or our domain names (collectively, "ComHQ IP"), constitute the property of ComHQ, its Associates and/or its authorized licensors, and are protected by international copyright, trademark and other intellectual property laws.
We grant our User a worldwide, revocable, royalty-free, non-exclusive license to use, view and download the ComHQ IP for User's personal, non-commercial use in accordance with these General User Terms, the Community Guidelines and applicable international copyright laws.
Except to the extent otherwise, permissible under copyright law, User will not copy, reproduce, modify, use, distribute, display, create derivative works of or otherwise exploit the ComHQ IP without the written consent of ComHQ or the applicable copyright owner.
User IP: User certifies that all uploads, posts, e-mails, transmits or otherwise made available by the user are his/her intellectual property rights, on our Sites, including but not limited to User Reviews ("User IP"), and User further agrees to be liable for all such User IP.
By posting User IP (including User Reviews) on our Sites or otherwise submitting to User IP to us, User grants us, our Associates and Partners a continuous, global, irrevocable, nonexclusive, royalty-free and fully sub-licensable right to use, reproduce, translate, alter, create derived works of, publicly display, communicate and distribute (either electronically or via other media now known or hereafter devised) the User IP in the ordinary course of our business.
All intellectual property rights not granted hereunder are reserved to us.
Copyright Infringement Claims
We do not accept nor allow Intellectual property rights infringement on our Sites. We are dedicated to and powered by original content.
If you are the copyright owner or agent, and you believe your rights under applicable Copyright laws are being infringed upon by us or another person or entity using our Sites or Services, you may get in touch with us through a written channel of communication to notify us. The may need to submit the following,
- A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed
- Identification of the work or material being infringed, or, if multiple works are covered by a single notification, a reproduction of such works
- Your contact information, including phone number and email address at which you may be contacted
- Your good faith statement that the use of the work or material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in your notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the allegedly infringed copyright.
We reserve the right to seek damages from any person who knowingly, materially submits a DMCA notification claim under this section in violation of the law.
Representations & Warranties
User represents and warrants the following to the best of its knowledge:
(i) It has all the right and authority to enter into these General User Terms and to fulfill its contractual obligations hereunder (ii) The information that it uploads, posts, e-mails, transmits, or otherwise makes available to us or on our Sites, including without limitation content, reviews, screenshots, is accurate and free of third party encumbrances
(iii) It has not breached any third party rights, including but not limited to; intellectual property, publicity or privacy, consumer protection, tort and product liability rights (iv) It follows all applicable security standards and is free from any viruses, including but not limited to, malware or Trojan horses
(v) It follows all applicable laws, decrees, and regulations.
You use our Sites and Services at your own risk. To the fullest extent permitted by applicable law, our sites and services are provided on an "as is" and "as available" basis, without warranties of any kind, expressed or implied, including but not limited to any implied warranty of merchantability, fitness for a particular purpose, non-infringement of third party intellectual property rights, title, custom, trade, quiet enjoyment, accuracy of informational content or system integration. We do not warrant that our site will be secure, available or operate in an uninterrupted or error-free manner. We cannot vouch that defects will be creased out, or the content is correct and without errors on our website.
Limitation of Liability
Neither we nor User will be held accountable for any significant, indirect, exemplary or corrective damages arising out of or in any way related to these General User Terms or Your use of our Sites and Services, including without limitation loss of profits, revenue, interest, goodwill, loss or corruption of data or other interruption of business contract, tort or under other legal theory), even if advised of the possibility of such damages
We disclaim ownership or accountability for any and all conflicts arising between Users of our Sites and Services. When you use our Sites and Services, You release us, our parent company and Associates from any and all responsibility for any and all claims arising from conflicts between Users of our Sites and/or Services.
Each of us and User (in its capacity as "Indemnitor") agrees to indemnify, defend and hold harmless the other party, its agents, associates and employees (in its capacity as "Indemnitee") from and against any and all third party claims, liabilities, losses and expenses (including damage awards, settlement amounts and reasonable attorneys' fees) as a result of or related to defilement of these General User Terms, except to the extent such losses and expenses arise from the negligence or willful misconduct of Indemnitee.
Termination by Us. We reserve the right to discontinue the User’s access to our Sites and Services without notice, at our sole discretion (temporarily or permanently) if we find the User violating these General User Terms. If the User is found attempting to use our Sites and Services in a way that is non-compliant with these General User Terms (this would include but is not limited to tampering, hacking, data scraping, modifying or otherwise corrupting the security or functionality of our Sites and Services), User may also be subject to civil and criminal liability.
Termination for Convenience. By User. User can also at his/her discretion terminate the User Account by sending an email request to firstname.lastname@example.org. ComHQ will try to remove your account within 5 (five) business days. By Us.ComHQ reserves the right to terminate your User Account or introduce limited access to parts or all of our Sites and/or Services at any time, without notice or liability.
None of the parties involved will be held responsible for non performance under these General User Terms resulting from a force majeure scenario beyond the reasonable control of a party, including but not limited to natural disasters, acts of God, government regulations, war, terrorism, labor disputes and power failures.
Waiver and Severability
Our failure to act with respect to a breach of these General User Terms will not constitute a waiver and does not waive our right to act with respect to subsequent or similar breaches. If any of the terms outlined in these General User Terms, are considered invalid or inapplicable, then that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term or part of these General User Terms.