Terms and Conditions
Updated October 18, 2021
These Terms and conditions (hereinafter referred to as the “Terms") apply to any use of Thingtesting’s website (hereinafter referred to as the "Website"), including (but not limited to) www.thingtesting.com.
The Website is supplied by Thingtesting, Inc., a Delaware corporation ("Thingtesting"). In these Terms, the words "we", "us" and "ours" refer to Thingtesting.
These Terms are deemed to include all other operating rules, policies, and guidelines that are referred to herein or that we may otherwise publish on the Website (as such, rules, policies and guidelines may be amended from time to time), including without limitation:
- Our "Community Guidelines” for use of the Thingtesting Services (hereinafter referred to as the "Community Guidelines"), which are located at https://thingtesting.com/community-guidelines
- Our "Business Terms of Service", which is located at http://thingtesting.com/legal/business-terms-and-conditions
In the event of any conflict between the terms contained herein and those of the Community Guidelines, the Community Guidelines will govern and control.
By using the Website, you accept to be subject to the Terms, including the Community Guidelines. If you do not accept these Terms, you are not permitted to use the Website and are kindly requested not to use the Website any further. Your registration as a user of the Website requires your express acceptance of these Terms.
THE SERVICES ON THE WEBSITE
1. Registered User
1.1 Thingtesting grants you the non-exclusive, non-transferable, revocable, limited right to access and use the Website. In order to gain full access and use of the Website, you must create a profile and register as a user (hereinafter referred to as "Registered User").
1.2 You are only permitted to register one profile per email address on the Website, and in order to use certain features on the Website each profile must be registered to your phone number. Each profile is personal and you must not transfer it to others.
1.3 In order to become a Registered User, you will need to provide your email address. To the extent you seek to log in from a different device or use certain features of the Website, you may be asked to verify your phone number or your account, including via a link sent to your email address. Any access links sent to your email address or phone number are personal and you must not transfer them or in other ways make them available to others. It is your responsibility to ensure that access links sent to your email address or phone number do not fall into the hands of a third party. If you become aware that your access to Thingtesting is or may have been compromised, you are obligated to inform us thereof. We can and will suspend your access to the Website if there is a risk that your access has been compromised or is used in violation of the Terms.
1.4 During the registration process, you may choose to customize the name that is displayed to other users whenever you write or comment on reviews or produce user-generated content (see 2.1 below) on the Website. Therefore, you must consider whether you wish to use a name from which you can be identified by others. The name you use must not (i) be offensive or in other ways insulting, (ii) contain the terms “Thingtesting”, "Guest", "Admin", ".dk", ".com", etc. or (iii) contain characteristics which belong to a third party, including names of famous persons, or personal names to which you do not own the rights. You warrant that your display name does not infringe on any rights (including any intellectual property rights) belonging to any third party and/or pertaining to the Terms.
1.5 You may customize your display name or user ID at any time.
1.6 We are entitled at any time, without notice and without prejudice, to delete, suspend or change your account in the event of your violation or suspected violation of these Terms or applicable law. When deleting your account, you will no longer have access to services on the Website which require your registration and/or login as a Registered User. When deleting your account, we reserve the right to delete the user-generated content (see 2.1) you have created on the Website.
1.7 Furthermore, we reserve the right, at any time and without notice or explanation, to delete your account and user-generated content (see 2.1). In this case, our disclaimer applies without limitations.
1.8 You are not permitted to gain access or attempt to gain access to the parts of the Website requiring user registration if you are not a Registered User.
2. User-Generated Content from Registered Users
2.1 You hereby grant us the worldwide, non-exclusive, perpetual, irrevocable, royalty-free right and license to publish, display, reproduce, modify, create derivative works of and commercially exploit any material, information, notifications, reviews, articles, photographs, art, logos or other types of communication (hereinafter referred to as the "User-Generated Content" or "UGC") which you create on the Website as a Registered User. We may freely use and transfer the UGC and disclose the UGC to third parties. By creating or posting any UGC on the Website, you expressly represent and warrant that you have the right to grant us the foregoing license and that such UGC does not infringe or violate the rights of any third party.
2.2 Registered Users are liable for the UGC they publish on the Website.
2.3 Registered Users warrant that all UGC posted on the Website is correct and true (where they state facts) or genuinely held (where they state opinions).
2.4 UGC must relate to a company or organization from which the Registered User has purchased or can otherwise document using the company's or organization's products or services.
2.5 You may not publish UGC regarding companies to which you have personal or professional relations unless you disclose such relations. You may not publish any UGC in respect of which you have been offered any incentive or payment from the company or organization.
2.6 Registered Users must not, and must not allow any third party to, publish UGC on the website which:
- is of a marketing nature or has marketing purposes,
- is unlawful, deceptive, misleading, fraudulent, threatening, abusive, harassing, libelous, defamatory, tortious, obscene, pornographic or profane, has sexist, political or racial character, violates other people's rights, including any intellectual property rights, rights of privacy and/or rights of publicity,
- is offensive or in any way breaches any applicable local, national or international law or regulation,
- violates these Terms, including the Community Guidelines, reveals any personal information about another individual, including another person's name, address, phone number, email address, credit card information or any other information that could be used to track, contact or impersonate that person,
- has a disloyal or unlawful purpose and/or content (or promotes unlawful purposes), or is technically harmful (including without limitation computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software, harmful data or conduct).
2.7 Contributors of UGC warrant in every context that the UGC is lawful and in compliance with the Terms. If Thingtesting receives notice or otherwise becomes aware that UGC violates any applicable law, legal order or regulation and/or the Terms, we may delete the UGC without any notice, and we (depending on the character of the violation) may inform the violated party and/or the authorities of the violation. Our right to delete UGC will not be conditioned on an explanation, although we may inform the Registered User about the deletion and the reason hereof.
2.8 The Registered User hereby grants us the right to initiate and take any legal actions which we deem necessary in case of infringement of the Registered User's UGC.
The Registered User must guarantee to indemnify us for any claims which may be made against us as a consequence of the Registered User's violation of the Terms or current legislation. The Registered User must indemnify and hold us harmless from and against any claim or loss due to third party claims against us resulting from the UGC of the Registered User.
2.9 We may at any time request information about the UGC from the Registered User, including documentation supporting the information included in the UGC, e.g., documentation evidencing that the UGC is based on an actual buying experience in an actual customer relation to the company to which the UGC relates.
3.1 The Website and the services we offer via the Website, including all underlying technology and intellectual property rights embodied therein, are and remain our sole and exclusive property, and no license or any other right is granted to any such underlying technology. If you provide feedback, ideas or suggestions regarding the Website or the services offered on the Website ("Feedback"), we are free to fully exploit such Feedback.
3.2 The content on the Website, including but not limited to the intellectual property rights, text, characteristics, graphics, icons, photos, calculations, references and software is or will be our property or the property of a third party (other than the Registered User) and is protected by U.S. and applicable international legislation, including without limitation applicable copyright and trademark laws.
3.3 Unauthorized copying, distribution, presentation or other use of the Website or part hereof is a violation of U.S. law and may thus result in civil and/or criminal penalties.
3.4 To the fullest extent permitted by law, the rights to free use of the UGC are transferred to us irrevocably, without any time limitation and without territorial limitations, by submitting the UGC to us.
3.5 Downloading and other digital copying of the content on the Website or parts hereof are only permitted for personal non-commercial use unless otherwise agreed with us in writing or allowed under applicable mandatory law.
3.6 All company names, trademarks and other business characteristics on the Website is or will be our property or the property of a third party (other than the Registered User) and must only be used for business purposes upon prior approval from us or the third party owner, respectively.
4. Personal data
5.1 THE WEBSITE, CONTENT AND SERVICES OFFERED ON THE WEBSITE ARE PROVIDED 'AS IS' AND AS AVAILABLE WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. THINGTESTING EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE WEBSITE AND SERVICES MAY BE MODIFIED, UPDATED, INTERRUPTED, SUSPENDED OR DISCONTINUED AT ANY TIME WITHOUT NOTICE OR LIABILITY.
5.2 We make no representations or warranties with respect to any UGC published on the Website. Notwithstanding the foregoing, Thingtesting may at all times and for any reason investigate and edit (including anonymizing) UGC, e.g., if such actions are (i) prompted by third party requests, (ii) required under applicable law or (iii) necessary for the UGC's compliance with our Community Guidelines.
5.3 We disclaim all liability for the content of UGC. Our non-liability applies, without limitation, to any UGC, including UGC which has been edited by us (see 5.2). We are not liable for any links to third party websites in the UGC, including for the content of the page to which the UGC links.
5.4 Recommendations, reviews, comments, etc. of specific companies, services, e-businesses, etc. on the Website are provided by Registered Users and are not endorsements made by us. We disclaim all liability for the content of the Website. The use of our services is in any respect the sole responsibility of the Registered Users. We cannot be held liable for the availability of the Website.
6. Limitation of liability
6.1 WE SHALL IN NO CASE BE HELD LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR DAMAGES FOR THE USE OF THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING (I) LOSS OF PROFITS, CONTRACTS, TURNOVER, BUSINESS, BUSINESS OPPORTUNITY, LOSS OR CORRUPTION OF DATA OR RECOVERY OF DATA, GOODWILL, SECURITY BREACH RESULTING FROM A FAILURE OF THIRD PARTY TELECOMMUNICATIONS AND/OR THE INTERNET, ANTICIPATED SAVINGS OR REVENUE (REGARDLESS OF WHETHER ANY OF THESE ARE DIRECT, INDIRECT OR CONSEQUENTIAL), (II) ANY LOSS OR DAMAGE ARISING IN CONNECTION WITH LIABILITIES TO THIRD PARTIES (WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL) OR (III) ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE WHATSOEVER. SOME STATES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
6.2 OUR TOTAL AGGREGATE LIABILITY, INCLUDING WITHOUT LIMITATION LIABILITY FOR BREACH OF CONTRACT, MISREPRESENTATION (WHETHER TORTIOUS OR STATUTORY), TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE, ARISING FROM OR IN CONNECTION WITH THE TERMS, THE WEBSITE OR OUR SERVICES WILL NEVER FOR ANY AND ALL ACTIONABLE CIRCUMSTANCES EXCEED ONE HUNDRED DOLLARS ($100.00). YOU FURTHER AGREE THAT NO CLAIMS OR ACTIONS ARISING OUT OF, OR RELATED TO, THE USE OF OUR WEBSITE OR SERVICES OR THESE TERMS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE ACTIONABLE EVENT. NOTHING IN THE TERMS EXCLUDES OR LIMITS EITHER PARTY'S LIABILITY FOR MATTERS WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
7. Other Terms
7.1 We may at any time, in our sole discretion, revise or change these Terms. We may at any time, in our own discretion and without notice, close, change or reorganize the Website. As a Registered User you acknowledge and agree that you will be subject to the then-current Terms. Any revision or change of the Terms will be stated on the Website. We will furthermore use commercially reasonable efforts to inform the Registered Users about the change of the Terms. Registered Users acknowledge and agree that the continued use of the Website after any posted modified version of the Terms is an acceptance of the modified Terms.
7.2 Should any of these Terms be regarded as unlawful or without effect and therefore not to be enforced, this will not have any effect on the applicability and enforcement of the remaining part of the Terms.
8. Term and termination
8.1 We may terminate your right to access and use the services offered on the Website at any time for any reason or no reason without liability. If we do so, or if you elect to delete your account, any rights granted to you herein will immediately cease. Sections 2-10 will survive any termination of the Terms.
9. Applicable law and venue
9.1 The Terms and the relationship between you and Thingtesting are governed by the laws of the State of New York, without regard to the conflicts of law provisions thereof. Any disputes must be brought exclusively in the state or federal courts located in New York, and the parties hereby consent to the jurisdiction of such courts.
10. Copyright dispute policy
10.1 It is Thingtesting's policy to (i) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers or members or users; and (ii) remove and discontinue service to repeat offenders.
11.1 You acknowledge and agree that these Terms constitute the complete and exclusive agreement between you and Thingtesting concerning your use of the Website and supersede and govern all prior proposals, agreements or other communications.
11.2 Nothing contained in these Terms can be construed as creating any agency, partnership or other form of joint enterprise between us. Our failure to require your performance of any provision hereof will not affect our full right to require such performance at any time thereafter, nor may our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. You may not assign any rights granted to you hereunder, and any such attempts are void.