This Terms of Service (the “Terms”) describes the rights and responsibilities that apply to your use of UXHunt’s websites (the “Service”), each owned and operated by neueworld oü. (“UXHunt ”, “we”, “our” or “us”).
Third Party Websites and Content.
We have not reviewed, and cannot review, all of the material, including articles, made available through the websites and webpages to which UXHunt links, and that link to UXHunt. UXHunt does not have any control over those non-UXHunt websites and webpages, and is not responsible for their contents or their use. By linking to a non-UXHunt website or webpage, UXHunt does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses and other harmful or destructive content. UXHunt disclaims any responsibility for any harm resulting from your use of non-UXHunt websites and webpages.
All material available on the Service and all material and services provided by or through UXHunt, its affiliates, subsidiaries, employees, agents, licensors or other commercial partners including, but not limited to, software, all informational text, software documentation, design of and “look and feel”, layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the “Materials”), are owned by us or our licensors or service providers, and are protected by copyright, trademark, trade secret and other intellectual property laws.
Subject to your compliance with the Terms, during the term of the Terms, UXHunt grants to you a non-transferable, non-sublicensable, non-exclusive, revocable, limited-purpose right to access and use the Materials that we make available to you.
If UXHunt, in its sole discretion and without notice, considers that there is an immediate security or operational risk to the Service, any of its, your or a third party system, then UXHunt may immediately suspend access to or use of the Service. The suspension of use and access is not a breach of the Terms. You acknowledge that the preservation of security, confidentiality and data is paramount. UXHunt has no liability to you for suspending the Service under this provision.
This section does not apply to Content; however you agree that any ideas, suggestions, concepts, processes or techniques which you provide to UXHunt related to the Service or UXHunt or its business (“Feedback”) are and will be UXHunt’ exclusive property without any compensation or other consideration payable to you by UXHunt, and you do so of your own free will and volition. UXHunt may or may not, in its sole discretion, use or incorporate the Feedback in whatever form or derivative UXHunt may decide into the Service or its business or other products. You hereby assign all rights on a worldwide basis in perpetuity to UXHunt in any Feedback and, as applicable, waive any moral rights.
UXHunt retains the right to use or share any Aggregated Data generated by anyone using the Service, including our users, for the purpose of enhancing and providing the Service. “Aggregated Data” means data does not contain personal information and which has been manipulated or combined to provide generalized, anonymous information. Where you choose to utilize or connect certain services from third parties with the Service, you agree that UXHunt may share your lead data with such designated third parties. You are still responsible for any and all personal information that is part of any Content.
UXHunt reserves the right, at its sole discretion, to modify or replace any part of the Terms. It is your responsibility to check the Terms periodically for changes. Your continued use of or access to the Service following the posting of any changes to the Terms constitutes acceptance of those changes. UXHunt may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall be subject to the Terms.
UXHunt may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate the Terms you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties.
Your use of the Service and all Content forming part of or related to the Service, including any Content you upload or submit and any third party software and Content, are at your sole responsibility and risk. The Service are provided on an “as is” and “as available” basis. UXHunt expressly disclaims all representations, warranties, or conditions of any kind with respect to the Service, whether express or implied, including, but not limited to, any implied warranties or conditions of merchantability, fitness for a particular purpose, accuracy, completeness, performance, system integration, quiet enjoyment, title, and non-infringement.
The service is offered and controlled by UXHunt from its facilities in Europe. UXHunt makes no representations that the service is appropriate or available for use in locations other than Europe and the United States. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law. We handle complaints of copyright infringement in accordance with our Copyright Policy.
Limitation of Liability.
You agree that, under no legal theory, including, but not limited to negligence, breach of warranty or condition, breach of contract or tort, will UXHunt or its owners, officers, directors, affiliates, contractors, employees or agents, be liable to you or any third party acting on your behalf for any indirect, incidental, special, consequential, punitive, or exemplary damages or damages for loss of profits, goodwill, use, data, or other intangible losses or the cost of any substitute equipment, facilities or services (even if UXHunt has been advised of the possibility of such damages), arising from or relating to the Terms or your use of or your inability to use the Service, or for any damages arising from or related to the Terms. UXHunt’ total aggregate liability from any and all claims under the Terms is limited to the total amounts you paid to UXHunt in the one (1) year immediately preceding the occurrence of loss or damage. To the extent any province, state or jurisdiction does not allow the exclusion or the limitation of liability for consequential or incidental damages, UXHunt’ liability in such province, state or jurisdiction will be limited to the furthest extent permitted by law. Notwithstanding the foregoing or anything else herein to the contrary, UXHunt will not be liable to you or any third party acting on your behalf in any way with respect to a trial program or your provision of an individual’s personal information to UXHunt or through the Service. You further agree that the foregoing limitations will apply with respect to third party liability of any kind.
The foregoing limitations will also apply with respect to any damages incurred by reason of any content or services provided on any third party sites or otherwise provided by any third parties other than UXHunt and received by you through or advertised on the Service or received by you on any third party sites. You also agree that UXHunt will not be responsible or liable for any loss or damage of any kind incurred as the result of any interactions or dealings with advertisers or as the result of the presence of such advertisers on the Service.
With respect to any dispute arising out of or related to the Service and/or the Terms: (i) you hereby expressly give up your right to have a trial by jury; and (ii) you hereby expressly give up your right to participate as a member of a class of claimants, in any lawsuit including but not limited to class action lawsuits involving any such dispute.
You agree that you will not bring a claim under or related to the Terms more than one (1) year from when your claim first arose.
Limitation of Liability.
You agree to indemnify, defend, and hold harmless UXHunt , and its subsidiaries, affiliates, co-branders, all third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives (together, the “Indemnified Parties”), from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys’ fees) (collectively and individually, “Claims”) incurred by or made against the Indemnified Parties in connection with any Claims arising out of or relating to the Terms, the Service, including but without limitation in relation to: (a) your use, non-use or misuse of, or connection to the Service and any Content; (b) your violation or alleged violation of the Terms; and (c) your violation of any rights, including intellectual property rights, of a third party and otherwise as set out herein. UXHunt reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify UXHunt and you agree to cooperate with UXHunt’ defense of these Claims. You agree not to settle any matter without the prior written consent of UXHunt. UXHunt will use reasonable efforts to notify you of any such Claims upon becoming aware of it.
If there is any dispute between you and UXHunt about or involving the Terms, the Service, you hereby agree that the dispute will be governed by and construed in accordance with the laws of the Province of Tallinn, Estonia, without regard to its conflict of law provisions.
Except for any claim involving the ownership of intellectual property, all disputes arising out of or in connection with the Terms will be referred to and finally resolved by arbitration under the rules of Estonia. The language of the arbitration will be English.
If any portion of the Terms is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, the Terms as a whole will not be deemed unlawful, void or unenforceable, but only that portion of the Terms that is unlawful, void or unenforceable will be stricken from the Terms.
You agree that the Terms are specifically enforceable by UXHunt through injunctive relief and other equitable remedies without proof of monetary damages.
You agree that if UXHunt does not exercise or enforce any legal right or remedy which is contained in the Terms (or which UXHunt has the benefit of under any applicable law), this will not be taken to be a formal waiver of UXHunt’ rights and that those rights or remedies will still be available to UXHunt.
The Terms are the entire agreement between us related to the subject matter in the Terms. The Terms replace and supersede any other prior or contemporaneous agreement, representation or discussion, oral or written, and may not be changed except in writing signed by us, regardless of whether or not the parties act under an unsigned “electronic” agreement or rely on such an unsigned agreement.