These General User Terms (“General User Terms” or “User Terms”) are entered into and agreed to by Betty Lugo Forda, a US company, and its Affiliates, and all users of the Betty Lugo Forda Sites and Services (“Sites and Services”) as a condition of accessing and using those Sites and Services. Among other things, these General User Terms govern use of the Sites and participation in the Reviews Program.
Users to whom these General User Terms apply may include, without limitation: potential software buyers, software vendors, software reviewers, industry insiders and media relations professionals (each a “User” or “You”).
We reserve the right to update or otherwise modify these General User Terms from time to time. You are responsible for checking these General User Terms periodically for changes and updates. Your use of the Sites and Services following such posted changes and updates constitutes acceptance of such changes and updates.
The Sites and Services are intended solely for Users who are 18 years of age or older. Any access to or use of the Sites or Services by anyone under 18 is expressly prohibited. 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]
When creating a User Account, you agree to: (i) provide and keep current accurate and complete information about yourself and your company (“Registration Data”); (ii) maintain the confidentiality of your Account and log-in credentials, if applicable; and (iii) restrict access to all others. You agree to accept responsibility for all activities that occur under your Account. If we have reasonable grounds to suspect that the information you provide is inaccurate, incomplete or impersonates another person, we reserve the right to suspend or terminate your Account.
Use of Website
By accessing and using our Sites, you acknowledge that you are responsible for your actions and for all Content you post. You represent and warrant, to the best of your knowledge:
- That you have all necessary right, power and authority to enter into these General User Terms and to fulfill your contractual obligations hereunder;
- That any and all information you post or provide, including, without limitation, as part of any registration or application or to gain access to the Sites or Services, is true, accurate and not misleading and that you will not allow any other person or entity to use your Account.
- That the information and User Content you upload, post, e-mail, transmit, or otherwise make available to us or on our Sites, including without limitation reviews, trademarks, logos and screenshots, is accurate and free of third party encumbrances;
- That you will, when posting User Content on our Sites, adhere to our Community Guidelines and bear all liability related to your submission of such User Content through our Sites and/or Services;
- That you will not post or otherwise provide User Content that is unlawful, tortious, 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;
- That you will not post or otherwise provide User Content that you do not have the right to make available 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);
- That you will not post or otherwise provide 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.
- That you will not forge headers or otherwise manipulate identifiers for the purpose of disguising the origin of any User Content posted on the Sites;
- That you will not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of the Website or our Vendors without our express written consent;
- That you will not avoid, bypass, reverse engineer, interfere with, deactivate, impair, descramble or otherwise circumvent any technical measure implemented by us to administer and protect our Sites and Services;
- That you will not use 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 (except as expressly 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, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers and data mining tools);
- That you will not duplicate, download, publish, modify or otherwise distribute our Content for any purpose other than for your own individual use;
- That you will not collect or “harvest” from our Sites the personal information (“Information”) of other Users without their consent for the purpose of transmitting unsolicited commercial mass mailings, “spamming” or for any other unlawful purpose;
- That you will not access our Sites and Services by any means other than through interfaces expressly authorized by us and these General User Terms;
Intellectual Property Rights
Our Sites are comprised of Content created by us, our Partners and our Users. 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, including without limitation the vendor listings we create from publicly available or licensed Content, along with our Services and/or our domain names (collectively, “Betty Lugo Forda IP”), constitute the property of Betty Lugo Forda, its Affiliates and/or its authorized licensors, and are protected by U.S. and international copyright, trademark and other intellectual property laws.
We grant to User a worldwide, revocable, royalty-free, non-exclusive license to use, view and download the Betty Lugo Forda IP for User’s personal, non-commercial use in accordance with these General User Terms, the Community Guidelines and applicable U.S. and international copyright laws.
Except to the extent otherwise expressly permitted under copyright law, User will not copy, reproduce, modify, use, distribute, display, create derivative works of or otherwise exploit the Betty Lugo Forda IP without the express written consent of Betty Lugo Forda or the applicable copyright owner.
User IP: User certifies that User owns or has secured all necessary intellectual property rights in the Content that User uploads, posts, e-mails, transmits or otherwise makes available to us or on our Sites, including without limitation 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 to us, our Affiliates and Partners a perpetual, worldwide, irrevocable, nonexclusive, royalty-free and fully sub-licensable right to use, reproduce, translate, modify, create derivative 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 expressly granted hereunder are expressly reserved to us.
Copyright Infringement Claims
We respect the intellectual property rights of others and will not tolerate infringing activity on its Sites.
If you are a copyright owner or agent, and you believe your rights under applicable Copyright laws are being infringed by us or another person or entity using our Sites or Services, you may submit to our Designated Copyright Agent a written notification pursuant to the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. § 512), which includes the following information:
- 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 representative list of such works;
- Your contact information, including phone number and e-mail 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 to the best of its knowledge: (i) that it has all necessary right, power and authority to enter into these General User Terms and to fulfill its contractual obligations hereunder; (ii) that 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) that it has not breached any third party rights, including without limitation: intellectual property, publicity or privacy, consumer protection, tort and product liability rights; (iv) that it complies with all applicable security standards and is free from any viruses, including without limitation malware or Trojan horses; and (v) that it complies with all applicable laws, statutes, ordinances and regulations.
Limitation of Liability
Neither we nor User will be liable for any consequential, special, indirect, exemplary or punitive 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 (whether in contract, tort or under other legal theory), even if advised of the possibility of such damages.
Except for breach of the indemnification and confidentiality sections hereunder, each party’s aggregate liability to the other for direct damages under these General User Terms is limited to USD$100 (one hundred U.S. Dollars). We expressly disclaim liability for any and all disputes arising between Users of our Sites and Services. By accessing and using our Sites and Services, You release us, our parent company and Affiliates from any and all liability for any and all claims arising from disputes 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, 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) arising out of or relating to a violation of these General User Terms, except to the extent such losses and expenses arise from the negligence or willful misconduct of Indemnitee.
Policy Last Updated: April 2019