Effective Date: September 25, 2020
Among other things, these User Terms form a contract between you and us. The User Terms:
- Govern your access and use of Betabound, including the limitation of our liability to you and our disclaimer of warranties;
- Contain our rules for acceptable use of Betabound that you must follow;
- Contain your promises about the data that you post or ask us to post on Betabound;
- Include your consent to electronic signatures where you use these features as a registered community member in our Betabound community;
- Describe our rights to our intellectual property;
- Describe our rights to feedback and suggestions you provide to us about Betabound;
- Describe our remedies in the event you violate these User Terms;
- Describe the Digital Millennium Copyright Act process; and
- Direct you to the privacy policies that apply to you.
The terms “we,” “our,” and “us” in these User Terms refer to Centercode, Inc. We reserve the right to modify these User Terms at any time without prior notice. Your use of Betabound after any modification constitutes your agreement to be bound by the modified User Terms.
Our relationship with our Centercode business customers is governed by our written agreements with these customers, and these User Terms do not modify or supplement any written agreement we have with a business customer.
Your Use of Betabound
You are permitted to use Betabound and the content and information available through Betabound solely for your personal, non-commercial purposes and to learn about or pursue opportunities to test and provide feedback on products and services of other companies, and solely in compliance with these User Terms.
Betabound Account Creation Requirements
When you create an account as a member of our Betabound community of interested test participants, you represent, warrant, and agree that you are the unique individual identified in that registered user account and that you have not submitted, and will not submit any fictitious, false, inaccurate, or intentionally misleading information about yourself or otherwise. You undertake to keep your contact information in your account current. You represent that your account represents a unique individual (you) and agree that you will not create duplicate accounts. We reserve the right to suspend or terminate any account we believe to be a duplicate. You may not access or use Betabound from any account other than your own account.
Our Acceptable Use Policy for Betabound
To help ensure a safe and productive experience, all Betabound visitors and members of our Betabound community of interested test participants must comply with the following “Acceptable Use Policy.” If we believe a violation of the policy is deliberate, repeated or presents a credible security risk or risk of harm to other users, our services, our customers, Betabound, or any third parties, we may suspend or terminate your access with or without notice.
- comply with all User Terms and this Acceptable Use Policy;
- comply with all applicable laws and governmental regulations, including, but not limited to, all intellectual property, data, privacy, and export control laws, and regulations promulgated by any government agencies;
- use commercially reasonable efforts to prevent unauthorized access to, or use of, any account you have on Betabound, including keeping your password and all other login information confidential;
- monitor and control all activity conducted through any account you have on Betabound; and
promptly notify us if you become aware of or reasonably suspect any illegal or unauthorized activity or a security breach involving any account you have on Betabound including any loss, theft, or unauthorized disclosure or use of a username, password, or account.
- upload or share data, files, and information (or provide to us to upload such information) if you do not own all required rights to do so under law and under all contracts that apply to you (such as nondisclosure agreements);
- share, transfer or otherwise provide access to any account you have on Betabound with another person;
- use Betabound to store or transmit any data that may infringe upon or misappropriate someone else’s trademark, copyright, or other intellectual property rights or supply such information to us to upload to Betabound;
- use Betabound to store or transmit data, or to provide a link that contains or redirects to a location that stores or transmits data that is obscene, threatening, harassing, libelous, false, defamatory, tortious, offensive, pornographic, or unlawful, or supply such information to us to upload to Betabound;
- upload to, or transmit from Betabound, or provide to us so that we might upload or transmit from Betabound Portal, any data, file, software, or link that contains or redirects to a virus, Trojan horse, worm, or other harmful script, file, agent, program, or component, or any technology that unlawfully accesses, downloads, or blocks owner access to, content or information stored within Betabound, on the hardware of Centercode or its service providers, or on the hardware of any third party;
- reverse engineer, decompile, hack, access or discover source code, disable, interfere with, disassemble, modify, copy, create a derivative work from, translate, or disrupt the features, functionality, integrity, or performance of Betabound or any data contained in Betabound (including any mechanism used to restrict or control the functionality of Betabound);
- gain unauthorized access to Betabound or related systems or networks or to defeat, avoid, bypass, remove, deactivate, or otherwise circumvent any software protection or monitoring mechanisms of Betabound;
- access Betabound in order to build a similar or competitive product or service or copy any content, ideas, features, functions, or graphics of Betabound;
- use Betabound in any manner that may harm minors or violate applicable law governing the collection of personal data regarding minors;
- impersonate any person or entity, including, but not limited to, an employee of ours, any other member of our Betabound community of interested test participants, or falsely state or otherwise misrepresent your affiliation with a person, organization or entity;
- use Betabound or our services to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to Section 219 of the Immigration and Nationality Act or other laws and regulations concerning national security, defense or terrorism;
- access, search, or create accounts for our Betabound community of interested test participants by any means other than using our publicly supported interfaces in compliance with our User Terms (for example, “scraping” or creating accounts in bulk) ;
- send unsolicited communications, promotions, advertisements, or spam;
- send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
- abuse referrals, incentives, or promotions to get more credits than deserved;
- use, create lists of, or share contact or other user information (including email addresses, names, or usernames) obtained from your interactions in, and use of our Betabound community; or
- attempt to do any of the above, or authorize, permit, enable, induce or encourage any third party to do any of the above.
If you see inappropriate behavior or content, please report it immediately to firstname.lastname@example.org.
Information That You Post or Provide to Us to Post
You represent that you have all right, title, and interest to all content you post on or provide through Betabound, or that you provide to us to post there (“User Content”), including that you have any authorization, consent, or license from any third party that is necessary for you to provide or post the User Content. You represent that the User Content does not violate or infringe any intellectual property right, including but not limited to copyright, patent, trademark, trade secret, privacy, publicity, moral right, or other intellectual property right. You represent that providing the User Content to us or posting the User Content will not constitute the breach of any agreement you have with any other person or entity (for example, a nondisclosure or proprietary rights agreement). You agree that you will not provide User Content (including by providing a link that contains or redirects to another location) that is obscene, threatening, harassing, libelous, false, defamatory, tortious, offensive, pornographic, fraudulent, or unlawful. You represent and warrant that all User Content complies with these User Terms.
Personal Data and Privacy
Consent to Electronic Signatures in Betabound
We may seek the electronic signatures of registered members of our Betabound community of interested test participants to agreements using features of Betabound. By executing any agreements using these features, you agree that these agreements may be electronically signed by you, including by you entering your username and password to confirm your agreement, and that the electronic signature is the same as a handwritten signature for the purposes of validity, enforceability, and admissibility. You can access agreements you have executed within Betabound. To view these agreements, you can visit https://my.betabound.com/agreements/ or while logged in, you can view your agreements under Personal Profile/Account Settings.
Our Intellectual Property Rights; Rights to Your Feedback
Betabound is based on proprietary technology and content owned by Centercode, Inc. or its licensors (if any). Betabound and its content are protected by intellectual property laws, including copyright and trademark laws, and all intellectual property (including content) in Betabound belongs to us or our licensors (if any). Except as we specifically allow, you may not copy, reproduce, modify, publish, share, sell, lease, rent, transmit, or create derivative works based on Betabound and its content.
You agree that we may use and incorporate into Betabound any suggestion or other feedback you provide, without payment or condition.
Links to Third Party Sites
The sites may offer opportunities to download (or have sent to you via email) content (“Downloaded Content”). We cannot and do not guarantee or warrant that Downloaded Content will be free of viruses or other harmful code, files, or computer programs.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER CENTERCODE, NOR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, LICENSORS, BUSINESS PARTNERS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, OR CONTRACTORS (THE “CENTERCODE PARTIES”) MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, TO YOU RELATING TO BETABOUND OR THE CONTENT PROVIDED THROUGH BETABOUND, WHICH ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE CENTERCODE PARTIES HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND REGARDING BETABOUND AND ITS CONTENT, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT WILL ANY CENTERCODE PARTY HAVE ANY LIABILITY TO YOU FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR ANY OTHER TYPE OF DAMAGES, INCLUDING WITHOUT LIMITATION FOR LOST DATA, LOSS OF USE, LOST PROFITS, OR LOST REVENUES, HOWEVER CAUSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF BETABOUND OR THE CONTENT AVAILABLE ON BETABOUND, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR UNDER ANY OTHER THEORY OF LIABILITY INCLUDING NEGLIGENCE, EVEN IF ANY CENTERCODE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
THE FOREGOING LIMITATIONS DO NOT LIMIT EITHER PARTY’S RIGHT TO SEEK AND OBTAIN EQUITABLE RELIEF, AND THE FOREGOING DISCLAIMERS AND LIMITATIONS SHALL NOT APPLY TO THE EXTENT (AND ONLY TO THE EXTENT) THE DISCLAIMER OR LIMITATION IS PROHIBITED BY APPLICABLE LAW. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW ALL EXCLUSIONS OF LIABILITIES ABOVE, IN THE EVENT ANY CENTERCODE PARTY IS NEVERTHELESS DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE, LOSS, OR HARM ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF BETABOUND OR THE CONTENT AVAILABLE ON BETABOUND, YOU AGREE THAT THE MAXIMUM AGGREGATE LIABILITY OF THE CENTERCODE PARTIES SHALL IN ALL CASES BE LIMITED TO TWENTY DOLLARS ($20) IN THE AGGREGATE.
You understand and agree that you have full responsibility for your actions on Betabound, and for User Content you upload or provide to us to upload. You therefore agree to indemnity, defend, and hold the Centercode Parties harmless from and against any and all claims, losses, expenses, damages, and costs (including reasonable attorneys’ fees) resulting from or arising out of any violation by you of these User Terms.
Digital Millennium Copyright Act (“DMCA”) Policy
We take the intellectual property rights of others seriously and require that visitors to betabound.com, members of our Betabound community of interested test participants, and any others providing us with User Content do the same. The DCMA provides a process for addressing claims of copyright infringement. Please note that we will share your full complaint, including your contact information, to the alleged violator. If you are concerned about your contact information being forwarded, you may wish to use an agent to report it for you.
If you own a copyright or have authority to act on behalf of a copyright owner and want to file a DMCA complaint that a third party is infringing that copyright through our services, please send us a notice to the contact address below in “Notices Under User Terms“ that includes the following information: (1) a description of the copyrighted work; (2) a description of the material you claim is infringing and the URL of that material; (3) your address, telephone number, and email address; (4) the following statement: “I have a good faith belief that the use of the copyrighted material I am complaining of is not authorized by the copyright owner, its agent, or the law”; (5) the following statement: “The information in this notice is accurate and, under penalty of perjury, I am the owner, or authorized to act on behalf of the owner, of the copyright”; and (6) an electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf.
We may, in appropriate situations, disable or terminate the account of a user on our sites. This process does not limit our ability to pursue any other remedies we may have to address suspected infringement. Please be aware that you may be liable for any damages, including costs and attorneys’ fees incurred by us or our users, if you knowingly materially misrepresent that material is infringing.
Notices Under User Terms
Except as otherwise set forth herein, all notices under the User Terms will be by email or, in the case of notices to members of our Betabound community of interested test participants, by email or by notice through the member’s Betabound account portal. Privacy notices to Centercode must be sent to email@example.com. Legal and Digital Millennium Copyright Act notices to Centercode must be sent to firstname.lastname@example.org. Alternatively, you can provide legal notice by mail to:
23332 Mill Creek Drive, Suite 260
Laguna Hills, CA 92653
Attn: Legal Department
A notice given by email (or by us to a member of our Betabound community through the member’s Betabound account) will be deemed to have been duly given the day after it is sent. A notice given by mail will be deemed to have been duly given when received.
These User Terms constitute the entire agreement of the parties with respect to the subject matter of these User Terms. No failure or delay by either party in exercising any right under the User Terms will constitute a waiver of that right. No waiver of any breach or default of the User Terms will be effective unless made in writing and signed by an authorized representative of the waiving party.
The User Terms will be enforced to the fullest extent permitted under applicable law. If any provision of the User Terms is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of the User Terms will remain in full force and effect.
You may not assign any of your rights or delegate your obligations under these User Terms whether by operation of law or otherwise, without our prior written consent (not to be unreasonably withheld). We may assign these User Terms in their entirety (including all terms and conditions incorporated herein by reference), without your consent, to a corporate affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.
Governing Law; Venue
The User Terms, and any disputes arising out of or related to these User Terms, your use of Betabound, or your User Content, will be governed exclusively by the laws of the state of California, without regard to conflicts of laws rules. You agree that the courts located in Orange County, California will have exclusive jurisdiction to adjudicate any dispute arising out of or related to these User Terms, your use of Betabound, or your User Content. Each party hereby consents and submits to the exclusive jurisdiction of such courts.
Modifications to the User Terms
As our business evolves, we may change these User Terms. The last date these User Terms were modified is the Effective Date above. If we make a material change, we will call the change to your attention through email, or Betabound. You can review the most current version of the User Terms at any time by visiting this page. Any material revisions to these User Terms will become effective on the date set forth in our notice, and all other changes will become effective on the date we publish the change. If you use Betabound or provide User Content to us after the effective date of any changes, that use will constitute your acceptance of the revised terms and conditions.
When providing a notice to us under these User Terms, you must contact us as described above in the “Notices Under User Terms” section. In other circumstances, please feel free to contact us at email@example.com or at our mailing address below:
23332 Mill Creek Drive, Suite 260
Laguna Hills, CA 92653