Last reviewed: October, 2020
NOTE: Natural persons located in the European Economic Area (“EEA”) should review the General Data Protection Regulation (“GDPR”) privacy notice for their specific rights, remedies, and other GDPR/Privacy Shield-related information here.
In the course of operating the Site, the Platform and/or interacting with you, Validately will collect (and/or receive) the following types of information. You authorize us to collect and/or receive such information and assume contractual responsibility for obtaining all consents as required under applicable laws and regulations.
1. Contact Information
When you sign up to use the Platform as a Customer or a Tester, you will be asked to provide us with certain information, such as your name, email address, and PayPal email address (for Testers) (collectively, the “Contact Information”). We will use your Contact Information to respond to contact you about changes to the Platform, respond to your requests and inquiries, send you notices (for example, in the form of e-mails, mailings, and the like) regarding products or services you are receiving, and for purposes of direct marketing.
2. Tester Information
If you sign-up as a Tester, we will also collect your personal information, including audio recordings of your voice and images of your face (collectively, “Tester Information”). We will use the Tester Information to provide our Platform to you and our Customers.
3. Billing Information
If you would like to purchase a paid Subscription to the Platform, you will be asked to provide us with your credit card, billing address, and other payment related information (“Billing Information”). Billing Information is collected and processed by our third-party payment processor operating as our agent. Validately does not directly obtain or process any Billing Information.
4. Other Information
In addition to the Contact Information, and the Tester Information, we may collect or receive the following information:
For Google Analytics: https://support.google.com/analytics/answer/6004245
For Intercom, please visit: https://www.intercom.com/privacy
Aggregate Data: In an ongoing effort to better understand our users, we might analyze your information in aggregate form to operate, maintain, manage, and improve the Site and the Platform. This aggregate information will not identify you personally. We may share this aggregate data with our affiliates, agents, and business partners. We may also disclose aggregated user statistics in order to describe our Platform and the Site to current and prospective business partners and to other third parties for other lawful purposes.
If you are a Tester, we may share your personal information, in de-identifiable form (e.g., without your name), with the Customer who has recruited you to run the Test(s).
Disclosure to Public Authorities. We are required to disclose personal information in response to lawful requests by public authorities, including for the purpose of meeting national security or law enforcement requirements. We may also disclose personal information to other third parties when compelled to do so by government authorities or required by law or regulation including, but not limited to, in response to court orders and subpoenas.
We take commercially reasonable steps to protect your personal information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction, taking into account the risks involved in processing and the nature of such data, and compliance with applicable laws and regulations. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that the information you supply will not be intercepted while being transmitted to and from us over the Internet. In particular, e-mail sent to or from us may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail.
Without limiting the generality of the foregoing, we keep your communications secure using industry-standard HTTPS, with 256-bit encryption on every request. This means that every request passes from your computer to our servers without any third party tampering. Aside from information that you explicitly choose to send out, your data can only be accessed using the secure login and password you use to sign up. We use many industry-standard best practices to prevent hacking, like irreversible passwords, prepared statements to avoid SQL injection, and filtered output and CSRF tokens to avoid cross-site style attacks. Users (and any teammates you invite) must authenticate with a secure login and password in order to view your sensitive data, and users can only view data for the products in which they've been explicitly granted access by the account owner.
Validately takes security and security researchers very seriously. If you have any security concerns or believe that you've detected a security vulnerability, please contact us immediately at firstname.lastname@example.org and we will respond within 24 hours.
Our security team makes the following commitments:
Investigation of Validately's security must follow these guidelines:
You may opt out at any time from the use of your personal information for direct marketing purposes by emailing us at email@example.com. Please allow us a reasonable time to process your request.
You may also choose to unsubscribe from our emails by following the instructions in the bottom of the email.
The Site and the Platform are operated by Validately in the United States, and complies with US law. If you are located outside of the United States, please be aware that any information you provide to us may be transferred to, processed, maintained, and used on computers, servers, and systems located outside of your home country, where the data protection laws may not be as protective as those in your jurisdiction.
B601 V2, Inc.
315 Fifth Avenue
New York, NY 10036
In addition, Validately does not monitor, recognize, or honor any opt-out or do not track mechanisms, including general web browser “Do Not Track” settings and/or signals.
UZ GO GDPR privacy notice
Last Updated: October, 2020
Processor Disclosure: We are a data processor when providing our Platform to our Customers. When serving as a processor, Validately has certain obligations under GDPR, including only processing personal data at our Customers’ instructions reflected in the applicable Master Services Agreement, providing assistance with fulfilment of rights requests, and implementing appropriate security for personal data. We will forward any inquiries, complaints, or requests received from data subjects with respect its personal data within the Platform (such as Test Results, which includes audio and video recordings) to the appropriate Customer and await instructions before taking any action. See the list of our subprocessors here.
With respect to testers provided by our Customers (“Customer’s Testers”), we serve as a processor of personal data collected from, or about, such Customer’s Testers within the Platform (including financial information relating thereto, where applicable, and Test Results).
Notwithstanding the foregoing, we are a controller of personal data (a) where Customer’s Testers sign up for the Validately External Panel and become one of our Testers, to the extent described in Tester Panel Sign-up below (please note that we do not solicit Customer’s Testers to sign up for the Validately External Panel but anyone is free to do so online), (b) where Customers ask us to source testers, as described in Sourcing Testers below, (c) as required for legal compliance purposes (e.g., accounting of financial information), and (d) as otherwise described in Controller Disclosure & Details below.
Controller Disclosure & Details: We are a data controller of personal data regarding the following EEA Individuals: Prospective/current Customers (including Customer end-users of our Platform) or vendors (collectively, “Business Contacts”), Visitors, and Testers for the purposes and under the legal bases described in the table below. Please note that, in some cases, the categories of data subjects above may overlap.
Data Subject Category Purpose & Legal Basis of Processing
General (applies to all data subjects below)
Web Audience Measurement: Our legitimate interest in use of Google Analytics to understand high-level metrics of your Site and Platform usage (e.g, page views, time on pages, feature usage, bounce rates), as applicable, in order to optimize the user experience.
Information Security: Generally-speaking, our web servers will log your IP address and other information (e.g., browser information, operating system, request date/time, user agent string, referral and exiting URL) in order to maintain an audit log of activities performed on the Site or Platform. We use this information pursuant to our legitimate interests in tracking Site and Platform usage, combating DDOS or other attacks, and removing or defending against malicious visitors on the Site and Platform.
Direct Marketing: Our legitimate interest in sending current or prospective Customers email marketing, including via sign-ups on the Site.
Platform Demonstrations: Our legitimate interest in setting up demos with prospective Customers pursuant to their request.
Executing Contracts and other Legal Documentation: We will process all personal data necessary for the performance of contracts to which Business Contacts are a party (such as our Terms of Service) or to take requested steps to enter into such contracts.
General Business Development: Our legitimate interest in furthering business relationships, ensuring Customer satisfaction, and answering inquiries (such as through your interaction with us via Intercom).
See General above.
We also collect demographics information (e.g., county/city-level geolocation, what type of device or computer you own, job title, employment status) pursuant to our legitimate interest in finding Tests that would be a good fit for or of relevant interest to such Testers’ profile.
We will also use your name and email address to send you emails about future research sessions pursuant to your consent.
Sourcing Testers: Sometimes, a Customer may ask Validately to source Testers. To the extent Validately cannot supply Testers that have already signed-up (as described above), Validately may source Testers externally such as through LinkedIn Ads targeting a specific demographic provided by the Customer. Such demographics are not specific to an individual; LinkedIn will, however, target ads to users on its platform based on such demographics.
Controller’s Representative: Bartosz Gałuszka, eu-rep AT validately DOT com
Recipients: Our sales, marketing, and finance teams process the personal data of Business Contacts, Visitors, and Testers, as needed, and disclose such information to the following recipients:
Retention: Please see below for our general retention periods. Please note that the below retention periods may be extended or shortened, as appropriate, based on the context of our relationship with an EEA Individual (e.g., negotiations for a sale, interest in the Platform), and for compliance with legal obligations (e.g., accounting, finances, tax).
We will retain the personal data of prospective Customers for approximately three (3) years. At that point, the prospective Customer will have to re-sign up for marketing or re-demonstrate interest in the Platform, as applicable. This retention period may be extended for prospective Customers that are in current negotiations with Validately near the end of such retention period.
Current Customers’ personal data will be retained until the relationship terminates, at which point their personal data will be retained for approximately seven (7) years for finance and tax purposes and in case of repeat business.
Personal data relating to contractual and other legal documentation, such as with our Customers or vendors, will be retained permanently.
Emails sent to Validately will be retained for 7 years from the date of receipt.
Analytics data from Google Analytics will be retained for 14 months from the date of receipt.
Your GDPR Rights: As a natural person, you have a right to: (i) request access to, correction and/or erasure of your personal data; (ii) object to processing of your personal data; (iii) restrict processing of your personal data; and (iv) request a copy of your personal data, or have a copy thereof sent to another controller, in a structured, commonly used and machine readable format under the right of data portability. These rights may be exercised by contacting: firstname.lastname@example.org with the subject line “GDPR Notice.” You also have the right to lodge a complaint about the processing of your personal data with an appropriate data protection authority, and, as applicable, to exercise third-party beneficiary rights under Validately’s Standard Contractual Clauses.
Objecting to Legitimate Interest/Direct Marketing: You may object to personal data processed pursuant to our legitimate interest. In such case, we will no longer process your personal data unless we can demonstrate appropriate, overriding legitimate grounds for the processing or if needed for the establishment, exercise, or defense of legal claims. You may also may object at any time to processing of your personal data for direct marketing purposes by clicking “Unsubscribe” within an automated marketing email or by submitting your request to email@example.com with the subject line “GDPR Notice” (the latter for instances where, for example, you would not like to receive follow-ups from our sales team). In such case, your personal data will no longer be used for that purpose.
Transfer of Personal Data outside the EEA: We are self-certified under the EU-US and Swiss-US Privacy Shield (see Privacy Shield specific provisions below) and rely on it to transfer your personal data to our data centers located in the US for various processing activities. When transferring your personal data to our agents, service providers or other controllers (such our Customers) in countries that have not received an ‘adequacy decision’ by the European Commission, we ensure that these recipients commit to upholding the Principles of the Privacy Shield. We may also rely on appropriate Standard Contractual Clauses with such recipients to ensure adequate protection for your personal data.
Governmental Access Requests: Validately may be required to disclose personal data in response to lawful requests by public authorities, including for the purpose of meeting national security or law enforcement requirements. We may also disclose personal data to other third parties when compelled to do so by government authorities or required by law or regulation including, but not limited to, in response to court orders and subpoenas.
Corporate Restructuring: In the event of a merger, reorganization, dissolution or similar corporate event, or the sale of all or substantially all of our assets, we expect that the information that we have collected, including personal data, would be transferred to the surviving entity in a merger or the acquiring entity. All such transfers shall be subject to our commitments with respect to the privacy and confidentiality of such personal data as set forth in this Notice. This Notice shall be binding upon Validately and its legal successors in interest.
Updates to this Notice: If, in the future, we intend to process your personal data for a purpose other than that which it was collected, we will provide you with information on that purpose and any other relevant information at a reasonable time prior to such processing. After such time, the relevant information relating to such processing activity will be revised or added appropriately within this Notice, and the “Effective Date” at the top of this page will be updated accordingly.
Contact Us: Validately is located at:
B601 V2, Inc.,
315 Fifth Avenue,
New York, NY 10036
Please use this address or, preferably, reach out to firstname.lastname@example.org with the subject line, “GDPR Notice” for any questions, complaints, or requests regarding this Notice.
Privacy Shield: If your personal information is transferred from the EEA to the US pursuant to the Privacy Shield, then the rights, remedies, and protections set forth in this section apply to you. We comply with the EU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal data from the European Union member countries (including Iceland, Liechtenstein, and Norway) and Switzerland to the United States, respectively, pursuant to the E.U.-U.S. and Swiss-U.S. Privacy Shield. Validately has certified that it adheres to the Privacy Shield principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, Recourse, Enforcement and Liability (the “Privacy Shield Principles”). If there is a conflict between this Notice and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov/.
Validately is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC).
In compliance with the US-US and the Swiss-US Privacy Shield Principles, we commit to resolve complaints about your privacy and our collection or use of your personal information. European Union or Swiss individuals with inquiries or complaints regarding this Notice should first contact us at email@example.com with the subject line “Privacy Shield”. We have further committed to refer unresolved privacy complaints under the EU-US and the Swiss-US Privacy Shield Principles to the BBB EU PRIVACY SHIELD, a non-profit alternative dispute resolution provider located in the US and operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgement of your complaint, or if your complaint is not satisfactorily addressed by Validately, please visit https://www.bbb.org/EU-privacy-shield/for-eu-consumers for more information and to file a complaint. If these processes do not result in a resolution, you may also contact your local data protection authority, the US Department of Commerce, and/or the Federal Trade Commission for assistance. Please note that if your complaint is not resolved through these channels, under limited circumstances, a binding arbitration option may be available before a Privacy Shield Panel.
With regard to the principle of Accountability for Onward Transfer, for example, we remain liable if our agent processes such personal information in a manner inconsistent with the Privacy Shield Principles, unless we prove that we are not responsible for the event giving rise to the damage.
Opt-In and Opt-Out to Certain Onward Transfers under the Privacy Shield: We may transfer your personal information to a third party controller, but you may opt-out of such transfer at any time by sending us an email at firstname.lastname@example.org with the subject line “Privacy Shield”.
We will not disclose your sensitive personal information to any third party without first obtaining your opt-in consent. You may grant such consent by sending us an email at email@example.com with the subject lin, “Privacy Shield”.
In each instance, please allow us a reasonable time to process your response.
Your Privacy Shield Rights: Upon request to firstname.lastname@example.org with the subject line “Privacy Shield”, we will provide you with confirmation as to whether we are processing your personal data pursuant to the Privacy Shield, and have such data communicated to you within a reasonable time. You have the right to access, correct, amend, or delete the personal data processed pursuant to the Privacy Shield where it is inaccurate or has been processed in violation of our privacy disclosures to you. We may require payment of a non-excessive fee to defray our expenses in this regard. Please allow us a reasonable time to respond to your inquiries and requests.
Retention of Personal Information under the Privacy Shield: We will retain the personal information processed pursuant to the Privacy Shield in a form that identifies you pursuant to Retention above. We may continue processing such personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of our privacy disclosures. After such time periods have expired, we may either delete your personal information or retain it in a form such that it does not identify you personally.
How We Protect Your Personal Information under the Privacy Shield: Validately takes very seriously the security and privacy of the personal information that it collects pursuant to the Privacy Shield. Accordingly, we will implement reasonable and appropriate security measures to protect your personal information from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into account the risks involved in processing and the nature of such data, and comply with applicable laws and regulations.
Terms of Service - UserZoom GO formerly Validately
This Agreement was last revised in October 2020.
Welcome! B601 V2, Inc. (“UserZoom GO,” “we,” “us,” or “our”) invites you to use our online platform (the “Platform”) which you can access through our website located at https://go.userzoom.com/ (the “Site”). Please read these Terms of Service carefully. These Terms of Service state the terms and conditions under which you may use the Platform.
We provide our Platform to Visitors, and Customers (all as defined below) subject to the following Terms of Service, which may be updated by us from time to time without notice to you. If we change any material terms of these Terms of Service, we will notify you by email, and your continued use of the Platform will be deemed acceptance of the updated Terms of Service.
The Platform allows individuals and companies (each, a “Customer”) seeking to conduct user research for their product(s) (each, a “Product”) to recruit testers, create tests and analyze results to build better products. Through the Platform, a Customer can create tests to measure various parameters about their Product(s) including but not limited to, user reactions to Product features, Product usability, and look and feel of the Product (each, a “Test”). A Customer can recruit its own testers to perform the Test(s) (each, a “Tester”) or a Customer can request Validately to source Testers for the Customer. If a Customer requests Validately to source Testers, the Customer will recruit from Validately’s external panel of Testers (“Validately External Panel”).
All Testers on the Validately External Panel are independent service providers of Validately. Customers may not directly or indirectly contact or communicate Testers outside of the Platform.
Subject to the terms and conditions of these Terms of Service, you are granted a non-exclusive, non-transferable license to access and use the Platform. You will not (and will not permit any third party to): (i) reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code, underlying ideas, algorithms, file formats, or interface protocols of the Platform; or (ii) introduce into the Platform any virus, worm, “black door,” Trojan Horse, or similar harmful code. If you violate this section, we reserve the right in our sole discretion to immediately deny you access to the Platform, or any portion of thereof, without notice.
You are welcome to browse the Site as a visitor (“Visitor”) without providing any information to us. In order to access and use the Platform as a Customer, you must register by creating a Customer account. During the registration process, you will have to provide your name, and email address. You will be required to create a password for your account. If you wish to purchase a paid Subscription to the Platform, you will also have to provide your credit card or other payment related information. You represent and warrant that all registration information you submit is truthful and accurate, and you will maintain the accuracy of such information. You are responsible for the confidentiality of your user account. User subscriptions are for designated Users and cannot be shared or used by more than one User, but may be reassigned to new Users replacing former Users who no longer require ongoing use of the Services. You will promptly inform us of any need to deactivate a user name or password. We reserve the right to delete or change your user name and/or password at any time and for any reason. We are under no obligation to accept any individual or company as a Customer, and may accept or reject any registration in or sole and complete discretion.
The Platform is offered to you on a subscription basis (“Subscription”). If you register for a trial, we will provide the Platform to you free of charge during the time period made known to you during registration (“Trial Period”). You may cancel your Subscription at any time during the Trial Period by providing written notice to us. Following the Trial Period, you may purchase a paid Subscription to the Platform.
You agree to pay any applicable Subscription fees made known to you during registration. We may use a third party service provider (“Third Party Service Provider”) to process payment of such fees. We reserve the right to change any of the fees that we charge, or to institute new or additional fees, at any time upon notice to you.
It is important to note that when you sign up to use the Platform, your Subscription will automatically renew until you cancel it. You may cancel at any time by notifying us in writing no later than ten (10) days before the next upcoming renewal, and the cancellation will take effect the following month subject to the terms and conditions set forth in the Section titled “Effect of Termination.” Again, if you do not cancel, then your Subscription will automatically renew under the same Subscription.
If you fail to pay the applicable Subscription fees when due, we may immediately suspend your account until all outstanding Subscription fees have been paid in full. You will not be able to access and/or use our Platform while your account is suspended.
“Confidential Information” means: (i) with respect to Validately, the Validately Intellectual Property and any other non-public information or material regarding our legal or business affairs, financing, customers, properties, pricing, or data; and (ii) with respect to Customer, your Customer Generated Content, Test Results and any other non-public information or material regarding your legal or business affairs, financing, customers, properties, or data. Notwithstanding any of the foregoing, Confidential Information does not include information which: (a) is or becomes public knowledge without any action by, or involvement of, the party to which the Confidential Information is disclosed (the “Receiving Party”); (b) is documented as being known to the Receiving Party prior to its disclosure by the other party (the “Disclosing Party”); (c) is independently developed by the Receiving Party without reference or access to the Confidential Information of the Disclosing Party and is so documented; or (d) is obtained by the Receiving Party without restrictions on use or disclosure from a third party.
The Receiving Party will: (i) protect the confidentiality of the Disclosing Party’s Confidential Information using the same degree of care that it uses with its own confidential information of similar nature, but with no less than reasonable care; (ii) not use any of the Disclosing Party’s Confidential Information for any purpose outside the scope of these Terms of Service; and (iii) not disclose the Disclosing Party’s Confidential Information to any party other than its employees, contractors, advisors, and agents, who are bound by obligations of confidentiality as restrictive as those set forth in these Terms of Service. If the Receiving Party is legally compelled to disclose any of the disclosing Party’s Confidential Information, the Receiving Party will provide the Disclosing Party prompt prior written notice of such requirement so that the Disclosing Party may seek a protective order or other appropriate remedy and/or waive compliance with the terms of this Section. If such protective order or other remedy is not obtained or the Disclosing Party waives compliance with the provisions of this Section, the Receiving Party may furnish only that portion of the Confidential Information which it is advised by counsel is legally required to be disclosed, and will use its best efforts to insure that confidential treatment shall be afforded such disclosed portion of the Confidential Information.
By accessing and/or using the Platform, you hereby agree that:
By submitting any unsolicited information and materials, including comments, ideas, questions, designs, and other similar communications (collectively, “Unsolicited Information”) to us, you agree to be bound by the following terms and conditions. If you do not agree with these terms and conditions, you should not provide us with any Unsolicited Information. All Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. We, or any of our affiliates, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, we and our affiliates are free to use any ideas, concepts, know-how, or techniques contained in any communication or material you send to us for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. By submitting any Unsolicited Information, you are granting us a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information and to use your name and other identifying information in connection with such Unsolicited Information.
NONE OF VALIDATELY, ITS AFFILIATES, SUBSIDIARIES, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “VALIDATELY PARTIES”) ENDORSE ANY CUSTOMER, TESTER, TEST, TEST RESULTS, CUSTOMER GENERATED CONTENT (INCLUDING, WITHOUT LIMITATION, ANY OPINION, RECOMMENDATION OR ADVICE EXPRESSED BY ANY CUSTOMER) OR ANY PRODUCT FOR WHICH TESTS ARE CONDUCTED THROUGH THE PLATFORM. NONE OF THE VALIDATELY PARTIES IS A PARTY TO ANY TRANSACTION, COMMUNICATION OR INTERACTION BETWEEN CUSTOMERS AND TESTERS.
THE SITE, THE PLATFORM AND ALL CONTENT, FUNCTIONS AND MATERIALS MADE AVAILABLE TO YOU THROUGH THE PLATFORM, IS PROVIDED "AS IS," "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCCE, OR USAGE OF TRADE.
IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS, (I) THE VALIDATELY PARTIES SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, REVENUES OR SAVINGS, RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE SITE, OR THE PLATFORM, EVEN IF A VALIDATELY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE PLATFORM SHALL BE LIMITED TO THE TOTAL FEES PAID BY YOU TO VALIDATELY IN THE ONE (1) MONTH IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.
NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU
You agree to defend, indemnify, and hold the Validately Parties harmless from and against any and all claims, actions, or demands and relating costs, damages and liability (including, without limitation, reasonable attorneys’ fees) arising or resulting from: (i) your breach of these Terms of Service; (ii) your breach of the representations and warranties hereunder; (iii) your misuse of the Platform; (iv) your violation of any third-party right, including without limitation any intellectual property, or privacy right; (v) your negligence or willful misconduct, or (vi) any claims brought against any Validately Party by a Tester as a result of any of your acts or omissions.
During the Term and for one (1) year thereafter, you shall not, without Validately’s prior written consent, directly or indirectly, solicit the employment of any of the Testers. Any such solicitation will be considered a material breach of these Terms of Service and may result in termination of your account.
If you believe the Platform contains any content that infringes your copyright, please contact our Copyright Agent, as detailed below, with the following information:
To contact our Copyright Agent by regular mail, please write to:
32 West 39th Street
NY, NY 10018
To contact our Copyright Agent by email, please write to email@example.com, with COPYRIGHT NOTICE in the subject line.
This section, and the sections entitled Intellectual Property, Confidentiality, Indemnification, Validately Disclaimers and Limitation of Liability, and Effect of Termination shall survive the termination of these Terms of Service. You may not assign these Terms of Service. No waiver shall be effective unless in writing. Neither the course of conduct between parties nor trade practice shall act to modify any provision of these Terms of Service. These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, USA. Except for proceedings commenced by Validately to protect its intellectual property or confidential information which may be brought in any court of competent jurisdiction, the parties mutually agree that any and all disputes arising hereunder shall be resolved exclusively by state or federal courts located in the State of New York. These Terms of Service contain the entire agreement of the parties concerning its subject matter, and supersede all existing agreements and all other oral, written or other communication between the parties concerning the subject matter. You shall comply with all laws, rules and regulations which are now or hereinafter promulgated by any government authority or agency which govern or apply to the use of the Site and/or the Platform.