General Vendor Terms
These ComHQ General Vendor Terms (“General Vendor Terms”) are entered into and agreed to by ComHQ and its Associates (“ComHQ”) and all Vendors, as a condition of accessing and using our Sites and/or Services. The General Vendor Terms administer
- Vendor portal and product listings
- Vendor’s engagement with our Reviews Program
- Buying our Vendor Services, explained in detail in our Service Descriptions on the Vendor Portal.
These General Vendor Terms apply but are not limited to: basic software vendors and/or upgraded or paying software vendors (each, a “Vendor” or “You”).
The right to alter the General Vendor Terms, rests solely with us. The responsibility to check the General Vendor Terms for periodic updates will be yours. Your use of our Sites and/or Services after such notice has posted is indicative of your acceptance of the General Vendor Terms and the changes.
Accessing and usage of the sites by you indicates that you have read, understood and agreed to be legally bound by these General Vendor Terms. In case of a non-agreement with any of the clauses of these General Vendor Terms, on your part, you must not access or use the sites or services.
Considering the points established above, you the Vendor hereby agrees as follows:
For a glossary of definitions used in these General Vendor Terms, please click here
Only Vendors 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.
Use of Website
- You possess the right and authority to enter these General Vendor Terms and fulfill obligations as specified.
- 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 Vendor Content you upload, post, email, transmit, or otherwise make available to us or on our site, including but not limited to, 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 Vendor Content related to your submission through our Sites and/or Services;
- You will not post Vendor Content that is illegal, disrespectful, defamatory, insensitive, infringing, slanderous, offensive, reproachful, 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 refrain from posting/ providing content you do not 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 posting/ providing content that contains a software virus or any other code files or programs with the ability to intrude, destroy, negotiate, or 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 not use any automated means or form of data scraping or data extraction to access, query, download or collect our Content or related information from our Site (with the exception of those permitted by us) without proper authorization use; or create new links, reposts, or referrals through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers and data mining tools);
- You will desist replicating, downloading, publishing, altering or distributing 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 Vendors/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 Vendor Terms;
We reserve the right to, but are not obliged to, monitor and terminate your engagement and activities on our Sites. We can also
At our discretion, we may, but are not obligated to, monitor and terminate your activity on our Sites, and/or edit or remove Content that violates or does not adhere to these General Vendor Terms.
Our Vendor Portal, Product Listings & Vendor Services
Our Vendor Offerings:
Every vendor at ComHQ is equipped with a Vendor Account and Product Listing. They can access and discerningly update this through the Vendor Portal. Once you post Vendor Accounts and Product Information (including Product Profile and Product Listing) on our Sites, it cannot be thence cancelled. Our Vendor Product List is created using publicly available information to ensure a comprehensive picture of every segment of the software industry.
ComHQ Vendors can access, the Vendor Portal, a self-service tool for their convenience. Vendors can log in to update and manage select portions of their Vendor Accounts and Product Listings.
ComHQ Vendors do not have individual accounts like Users do. Their Vendor Accounts are created by us, resembling company records. The Accounts are made using publicly available company information for purposes of administration of the services, content management and back office administration of our Sites. Because we create Vendor Accounts for purposes of managing our online services, these Accounts cannot be cancelled.
Vendor Product Listings & Profiles:
Vendor Product Listings/ Profiles describe
vendor’s products (including vendor name & logo, product name & description, screenshots) created by us using publicly available content, alteration suggestions that come from the Vendors and any other content we create or license, which are featured in our online software directories. The Vendor Content (Product Listing, Profile and other Product Information) given and approved by Vendors must duly adhere to these General Vendor Terms and with the Guidelines for Product Listings. Listed company names are the service marks and trademarks of their respective companies.
Our User Reviews Program - Vendor Participation
Our User Reviews Program:
In addition to the Vendor Product Listings and Profiles, our Sites also host a User Reviews program where they allow verified users to review software vendor products and services. You as a vendor agree and accept that we, as the website operator, do not represent any views or opinions expressed in these reviews but are mere platform providers. If a vendor is concerned about a user-generated review on our Sites, they may respond to a user review or flag a review for investigation as further described in our Community Guidelines.
Vendors who use our Sites and Services must adhere to the General Vendor Terms and the Community Guidelines in relation to their participation and contribution in our Reviews program. The Community Guidelines, explains what is expected of the users generating the reviews, along with expectations for the vendors who are reviewed. Among other things, the Community Guidelines promise vendors on certain fair ComHQ practices:
- (i) We thoroughly skim and assess submitted reviews
- (ii) We conduct in depth investigation of flagged reviews independent of vendor status (client or non-client);
- (iii) An opportunity to the Vendor to respectfully respond to any review of their product. For further guidance on the Community Guidelines and vendor expectations, click here.
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 Vendor a worldwide, revocable, royalty-free, non-exclusive license to use, view and download the ComHQ IP for Vendor’s personal, non-commercial use in accordance with these General Vendor Terms, the Community Guidelines and applicable international copyright laws.
Except, to the extent otherwise, permissible under copyright law, the Vendor will not copy, reproduce, modify, use, distribute, display, create derived works of or attempt to exploit the ComHQ IP without the written consent of ComHQ or the applicable copyright owner.
Except for Product Information systematically collected or created by us, Vendor retains all right, title and interest in and to the Content it submits to us to update or modify its listing (see below), as well as to its logos, trademarks and screenshots (collectively, “Vendor IP”) and grants to ComHQ, its Associates and Partners a continuous, global, irrevocable, royalty-free, non-exclusive, sub-licensable license (i) to use the Vendor IP in the ordinary course of its business (ii) to advertise, market, promote and publicize Vendor and its products on our Sites and our Partner Sites; and (iii) to alter and/or remove Vendor Content as we may consider at our sole discretion as per the Guidelines for Product Listings.
ComHQ holds all right, title and interest in and to the Product Listing it builds from publicly available information and grants Vendor free of charge a license to use, update and (at our discretion) change the Product Listing (“Modified Product Listing”) subject to the following:
- We may make trivial changes to the altered Product Listing (which would include adding our content) so it meets the Guidelines for Product Listings and for testing and quality control purposes to improve the user experience;
- We may share the altered Product Listing (including Vendor account information) internally with our Associates in the ordinary course of our business; and
- We may post the altered Product Listing on our Content or Sites or the content and sites of our Partners placing ads to drive web traffic and quality leads.
- All intellectual property rights not granted hereunder solely rest with 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 a 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. You 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 purportedly invaded
- 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
Vendor represents and warrants the following to the best of its knowledge:
- It has all the right and authority to enter into these General Vendor Terms and to fulfill its contractual obligations hereunder
- The information that it uploads, posts, e-mails, transmits, or otherwise makes available to us or on our Sites, including but not limited to content, reviews, screenshots, is accurate and free of third party interferences.
- It has not broken any third party rights, including but not limited to; intellectual property, publicity or privacy, consumer protection, tort and product liability rights
- It follows all applicable security standards and is free from any viruses, including but not limited to, malware or Trojan horses
- 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 Vendor 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 Vendors 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 Vendor (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 Vendor Terms, except to the extent such losses and expenses arise from the negligence or willful misconduct of Indemnitee.
Neither party will be held responsible for any failure or delay of performance under these General Vendor Terms resulting from a force majeure event that is not under the control of any party, including but not limited to, natural disasters, acts of God, government regulations, war, terrorism, labor disputes and power failures.
Limitation of Liability
Neither we nor Vendor will be held responsible for any significant, indirect, exemplary or disciplinary damages arising out of or related to these General Vendor Terms or Your use of our Sites and Services, including but not limited to loss of profits, revenue, interest, goodwill, loss or corruption of data or other interruption of business (whether in contract, tort or under other legal theory), even if advised of the possibility of such damages.
We renounce liability for any and all conflicts between vendors and users of our Sites and Services. You exempt us, our parent company and Associates from any and all responsibility for any and all claims arising from disputes between Users of our Sites and/or Services, as is indicative by your continued use of our Sites and Services.
Each of us and Vendor (in its capacity as "Indemnitor") agrees to indemnify, defend and hold harmless the other party, its agents, affiliates 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) relating to a defilement of these General Vendor Terms, except to the extent such losses and expenses arise from the negligence or willful misconduct of Indemnitee.
Termination by Us. Termination by Us. We reserve the right to discontinue the Vendor’s access to our Sites and Services without notice, at our sole discretion (temporarily or permanently) if we find the Vendor going against these General Vendor Terms. If the Vendor is found attempting to use our Sites and Services in a way that is non-compliant with these General Vendor 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), Vendor may also be subject to civil and criminal liability.
Waiver and Severability
If we fail to act over a breach or noncompliance of these General Vendor Terms, it will not be taken as a waiver nor will it waive our right to act with respect to subsequent or similar breaches. If any of these General Vendor Terms are deemed void, or for any reason inapplicable under law, then that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term or provision of these General Vendor Terms.
BY ACCESSING AND USING OUR WEBSITE AND SERVICES, YOU AFFIRM THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE LEGALLY BOUND BY THE FOREGOING GENERAL VENDOR TERMS.