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Terms 2017-01-24T07:04:22+00:00

Terms

Terms of Use Agreement

overview

This Terms of Use Agreement “Agreement” constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (“User” or “you”) and UserHappy and its affiliated companies (collectively, “UserHappy” or “Company” or “we” or “us” or”our”), concerning your access to and of the UserHappy.com website as well as any other media form, media channel, mobile website, website or mobile application related or connected thereto (collectively, the “Website”). The Website provides the following service: platform for users to participate in recorded remote usability testing (“UserHappy Services”) for UserHappy’s clients (“Third Party Beneficiaries”). The platform, tests, and all related materials and information (collectively, “Proprietary Information”) are the solely owned by UserHappy.

UserHappy makes no representation that the Website is appropriate or available in other locations other than where it is operated by UserHappy. The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject UserHappy to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) are not permitted to register for the Website or use UserHappy Services.

YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS AND ALSO BY CONTINUING TO USE THE WEBSITE. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT USERHAPPY MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS USERHAPPY SERVICES OR THIS WEBSITE.

Any new features or tools which are added to the current Website shall also be subject to this Agreement. You can review the most current version of this Agreement at any time on this page. We reserve the right to update, change or replace any part of the Agreement by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

user obligations

USER REPRESENTATION

By using the UserHappy Services, you represent and warrant that:

  • all registration information you submit is truthful and accurate;
  • you will maintain the accuracy of such information;
  • you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use this Website;
  • you are acting as an independent contractor for UserHappy;
  • you agree to protect and hold confidential any Proprietary or Confidential Information;
  • you are not an employee or representative of any company offering the same or similar services as UserHappy; and
  • your use of the UserHappy Services does not violate any applicable law or regulation.

You also agree to: (1) provide true, accurate, current and complete information about yourself as prompted by the Website’s registration form and (b) maintain and promptly update registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or UserHappy has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete,UserHappy has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).

We reserve the right to remove or reclaim or change a username you select if we determine appropriate in our discretion, such as when the username is obscene or otherwise objectionable.

PROPRIETARY INFORMATION

You acknowledge that you may have access to including, without limitation, Platform, text, writings, video, audio, articles, photographs, text, graphics, pictures, designs, music, sound, information, user tests, applications, software and other content (collectively “Proprietary Information”) while performing usability testing and obligations under the Agreement. You acknowledge and agree that Proprietary Information are subject to copyright and other intellectual property rights under the United States and foreign laws and international conventions. You agree not to reproduce, modify, remove, export, sell, lease, transfer, allow access to, or reverse engineer Proprietary Information or any underlying ideas, technology, related software, or portion thereof.

CONFIDENTIALITY

You acknowledge that you may receive certain confidential or proprietary technical and business information and materials of UserHappy and organizations or companies engaged in agreements with UserHappy (“Confidential Information”). You shall hold and maintain in strict confidence all Confidential Information, shall not disclose Confidential Information to any third party, and shall not use any Confidential Information except as may be necessary to perform its obligations under the Agreement except as may be required by a court or governmental authority. Notwithstanding the foregoing, Confidential Information shall not include any information that is in the public domain or becomes publicly known through no fault of the receiving party, or is otherwise properly received from a third party without an obligation of confidentiality.

REGARDING CONTENT YOU PROVIDE

The Website may invite you to speak aloud or participate in surveys and other functionality and may provide you with the opportunity to submit, create or broadcast content and materials to UserHappy and/or to or via the Website, including, without limitation, text, writings, video, audio, comments, facial expressions, commentary, suggestions or other material (collectively “Contributions”). You agree to the collection of your Contributions. Any Contributions you transmit to UserHappy will be treated as Confidential and Proprietary Information.UserHappy  shall own all rights, title, and interest in and to all results of testing.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, keep or register for more than one account, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECURITY

You acknowledge that UserHappy takes the necessary steps to protect and safeguard your information, but no transmissions to and from this Website or electronic storage is 100% secure or error free. UserHappy can not guarantee the security of information provided by you and you provide the information at your own risk. You are responsible for the security of your username and password associated with your account with the UserHappy. If you become aware of any unauthorized access to your account, you should notify UserHappy immediately.

THIRD PARTY BENEFICIARY

UserHappy’s clients for whom User is conducting usability testing for shall be considered Third Party Beneficiaries of this Agreement to the extent that any damage or liability caused by User to the Third Party Beneficiary, and the Third Party Beneficiary shall have to the right to enforce any provision of this Agreement.

userhappy obligations

UserHappy will pay you the agreed-upon fee through the payment choice you selected within 10 business days after completion.

UserHappy reserves the right to deny payment to User for any violation of this Agreement, inaccurate profile information, incomplete testing and poor quality of testing as determined by UserHappy and Third Party Beneficiaries including but not limited to poor sound quality, not speaking thoughts aloud, obstruction of video recording.

site management

UserHappy reserves the right but does not have the obligation to:

  • monitor the Website for violations of this Agreement;
  • take appropriate legal action against anyone who, in UserHappy’s sole discretion, violates this Agreement, including without limitation, reporting such user to law enforcement authorities;
  • in UserHappy’s sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s contribution or any portion thereof that may violate this Agreement or any UserHappy policy;
  • otherwise manage the Website in a manner designed to protect the rights and property of UserHappy and others to facilitate the proper functionality of the Website.

third party websites and content

The Website contains (or you may be sent through the Website or the UserHappy Services) links to other websites (“Third Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Content”). UserHappy is not responsible for any Third Party Websites accessed through the Website or any Third Party Content posted on, available through or installed from the Website. Inclusion of, linking to or permitting the use or installation of any Third Party Website or Third Party Content does not imply approval or endorsement thereof by us. You should review the applicable terms and policies of any website to which you navigate from the Website or relating to any applications you use to install from the website.

intellectual property rights

The content on the Website (“UserHappy Content”) and the trademarks, service marks, and logos contained therein (“Marks”) are owned by or licensed to UserHappy, and are subject to copyright and other intellectual property rights under the United States and foreign laws and international conventions. UserHappy Content, includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics. All UserHappy graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks, or trade dress of UserHappy in the United States and/or other countries. UserHappy’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or part, without the prior written permission of UserHappy.

UserHappy Content on the Website is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broad base, displayed, sold, licensed, or otherwise exploited for any any other purposes whatsoever without the prior written consent or the respective owners. Provided that you are eligible to use the Website, you are granted a limited license to access and use the Website and the UserHappy Content and to download or print a copy of any portion of the UserHappy Content to which you have properly gained access solely for your personal, non-commercial use. UserHappy reserves all rights not expressly granted to you in and to the Website and UserHappy Content and Marks.

terms and termination

This Agreement shall remain in full force and effect while you use the Website or are otherwise a user or member of the Website, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us using the contact information below.

WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, COMPANY RESERVES THE RIGHT TO, IN COMPANY’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE AND USERHAPPY SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR CONVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION, AND USERHAPPY MAY TERMINATE YOUR USER OR PARTICIPATION IN THE WEBSITE AND USERHAPPY SERVICES, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN USERHAPPY’S SOLE DISCRETION.

In order to protect the integrity of the Website and UserHappy Services, UserHappy reservces the right at any time in its sole discretion to block certain IP addresses from accessing the Website and Company Services.

Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes.

YOU UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO CANCEL THIS AGREEMENT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF USERHAPPY’S THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS AND HOLIDAYS. TO CANCEL, EMAIL USERHAPPY USING THE CONTACT INFORMATION LISTING BELOW IN THIS AGREEMENT OR BY ACCESSING YOUR ACCOUNT SETTINGS. THIS SECTION APPLIES ONLY TO INDIVIDUALS RESIDING IN STATES WITH SUCH LAWS.

If UserHappy terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, UserHappy reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

contact us

In order to resolve a complaint regarding UserHappy Services or to receive further information regarding use of UserHappy Services, please contact UserHappy through our Contact Us form.

Last Updated: 10.21.2016