Terms Of Service

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 http://userthought.com/information/terms_of_service. Violation of any terms will result in termination of your account. Questions about the Terms of Service may be sent to support@userthought.com.

Account Terms

The 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.
You 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.
All 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 state) taxes.
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

You 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.
The 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.
The 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 Account Holders.

User Conduct and Submissions

Any 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.
The 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
- implying 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
The 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.
Use of the Service is also governed by our Privacy Policy, a copy of which is currently located at http://userthought.com/information/privacy_policy.

Copyright, Ownership, and Data Security

The 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.
The 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 claims.
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 THERETO.
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 HEREUNDER.
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 term hereof.
- 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

Any 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.
This 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.

Last updated on 12th of May 2010