Luvina Software Terms of Service

Before using Luvina Software’s services, please read the terms of use carefully. It is a legal contract governing your use of Luvina Software’s website and services including upgrades thereto and materials made available therein. By using the Luvina Software website, registering on Luvina Software, obtaining information from Luvina Software such as research publications, contributing content to Luvina Software by any channel including by posting information on the website, responding to a survey, submitting an email, or participating in a telephone interview (collectively “Luvina Software” or the “Services”), you, your heirs, and assigns (collectively “you” or “your”) agree to be bound by these terms, Luvina Software’s privacy policy, Luvina Software review guidelines, and any applicable Luvina Software invoice(s) (“invoice”) (collectively, the “term”).

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to the Terms. In that case, the terms “you” or “your” shall also refer to “U” not accepting all of these Terms, not using the Services, or providing information to Luvina Software.

Be sure to return to this page periodically to review the most current version of the Terms. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Terms without prior notice, and your continued access to or use of the Services signifies your acceptance of the updated or modified Terms.

We retain the right at our sole discretion to deny access to anyone to the Services we offer, at any time and for any reason, including, but not limited to, for violation of these Terms.

Eligibility

You must be 18 years of age or older to use the Services, including to register for an account, use the Website, or submit reviews or other User Content (defined below).

Account Registration

As part of your use of the Services, you may have the opportunity to create a Luvina Software account. You are responsible for your account and agree to provide, upon registration, and at all times maintain accurate, current, and complete information. We reserve the right, in its sole discretion, to refuse to keep accounts for or provide Services to, any individual. We reserve the right to suspend or terminate your account if any information provided during the registration process or at other times proves to be inaccurate, not current, or incomplete. You are responsible for ensuring the confidentiality and security of your account information, including your username and password. You will immediately notify us of any unauthorized use of your account. We cannot and will not be liable for any loss or damage arising from your failure to properly comply with this section.

Your Use of the Services

As a condition of your use of the Services, you agree to do the following:

• Comply with all applicable laws, including, without limitation, privacy laws, intellectual property, tax laws, and regulatory requirements.
• Provide accurate information to us and update it as necessary; and
• Review and comply with notices sent by Luvina Software concerning the Services.
  
  
  

User Content

Your Responsibility for the Content You Submit

The Services may enable you to provide, submit, post, upload, or otherwise make available via the Website, email, telephone, online survey, or otherwise (collectively, “submit”) content such as review, comments, messages, and other content (collectively, “User Content”) that may or may not be viewable by other users.

You acknowledge and agree that you are solely responsible for all User Content you submit. Once User Content is submitted, it cannot be withdrawn. Any User Content you submit must be accurate and up to date. You agree that you have all required rights to submit, use, or disseminate such User Content without violating any third-party rights.

You assume all risk for any User Content you submit, including anyone’s reliance upon such User Content. You may expose yourself to liability if you submit User Content that is false, misleading, defamatory, violates any third-party right or contractual restriction or contains unlawful material. You agree that you will indemnify, defend, and hold harmless Luvina Software for all claims resulting from User Content that you submit, including but not limited to claims alleging defamation. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event, you will cooperate with us in asserting any available defenses.

You further acknowledge and agree that we reserve the right, in our sole discretion, to reject, move, edit, or remove any User Content that is contributed to the Services for any reason or no reason, but we do not assume the obligation. Luvina Software has no obligation to retain or provide you copies of the User Content.

Your Risk in Using User Content

You acknowledge and agree that we do not verify, adopt, ratify, or sanction User Content and that you must evaluate and bear all risks associated with your use of or reliance on User Content. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise and any ranking on the Services does not constitute or imply endorsement or recommendation thereof by Luvina Software. User Content and rankings consist of the opinions of third parties and may contain inaccuracies. Luvina Software makes no assurances regarding the quality, accuracy, or reliability of any User Content or rankings on the Services. You also understand that by using the Services, you may be exposed to User Content that you may consider offensive or objectionable.

From time to time, Luvina Software may provide incentives to encourage users to submit reviews. Any such incentives are not dependent on whether the review is positive or negative.

Luvina Software is under no obligation to enforce the Terms on your behalf. You may notify Luvina Software if you believe another user has violated the Terms; however, Luvina Software reserves the right, in its sole discretion, to investigate violations of and enforce the Terms.

Luvina Software’s License to User Content

When you submit User Content on or through your use of the Services, you grant us a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, transferable, and sub-licensable license ​(through multiple tiers)​, subject to these Terms, to use the User Content for any purpose, including to use, publish, reformat, copy, distribute, reproduce, modify, edit, adapt, publicly perform, translate, and create derivative works from such User Content, in whole or in part, in any format or medium now known or developed in the future, including without limitation for providing, promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels, without any further consent, notice and/or compensation to you or any third-parties.

Luvina Software and its licensees may publicly display advertisements and other information adjacent to or included with User Content. You are not entitled to any compensation for such advertisements. The manner, mode, and extent of such advertising are subject to change without specific notice to you.

Feedback

All of your feedback about the Services, such as suggestions for corrections, updates, alterations, changes, or modifications to the Services will be the property of Luvina Software and you hereby assign any rights in such feedback to Luvina Software, without payment to you.

Prohibited Activities

In using the Services, you agree you will not, nor will you assist or encourage others to:

Submit, email, transmit, or otherwise make available or initiate any content that:

• Is unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable;
• Includes information that you do not have the right to disclose or make available under any law or contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
• Infringes upon patents, trademarks, trade secrets, copyrights, privacy rights, rights of publicity, or any other intellectual or proprietary rights;
• Includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
• Contains software viruses, worms, or any other computer code, files, or programs that could interrupt, destroy, or limit the functionality of any computer software hardware or telecommunications equipment of Luvina Software or any user of Luvina Software;
• Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on Luvina Software (excluding User Content submitted by you) except as permitted in these Terms, or as expressly authorized by Luvina Software;
• Remove or modify any copyright, trademark, or other proprietary rights notice that appears on the Services; • Reverse engineer, decompile, disassemble, decipher, or otherwise attempt to derive the source code for the Services or any underlying intellectual property used to provide the Services or any part thereof;
• Utilize or copy information, content, or any data you view on or obtain from Luvina Software to provide any competitive service, in Luvina Software’s sole discretion, with Luvina Software or to create a searchable database of reviews or content available on Luvina Software;
• Collect, use, copy, download, or transfer any information, including, but not limited to, personal information obtained from Luvina Software except as expressly permitted in these Terms or as the owner of such information may expressly permit;
• Record, process, or mine information about other users;
• Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of Luvina Software’ Services or content except as expressly permitted by Luvina Software;
• Attempt to or override any security component included in or underlying Luvina Software;
• Attempt to gain unauthorized access to the Services, user accounts, or Luvina Software systems or networks through hacking, password mining, or other means;
• Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on Luvina Software’s infrastructure;
• Post reviews on services or products offered by your current employer or by direct competitors of your current employer’s services or products, or on any products or services for which you have a conflict of interest;
• Threaten, harm, or harass others, and/or
• Log in using an alias that masks your true identity.

Ownership and Intellectual Property

As between you and Luvina Software, you own the User Content you submit. Luvina Software owns all content other than User Content, including all features, graphics, design, code, compilation of User Content, Website, aggregate reviews and ratings, and all other components of the Services. The Services are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, Luvina Software and its licensors exclusively own all rights, title, and interest in and to the Services, including all associated intellectual property rights. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services.

All trademarks, service marks, logos, trade names, and any other proprietary designations of Luvina Software used herein are trademarks or registered trademarks of Luvina Software and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Luvina Software. All other trademarks, registered trademarks, product names, and company names or logos mentioned in the Services are the property of their respective owners.

Copyright Policy

Luvina Software respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that User Content has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information in accordance with the Digital Millennium Copyright Act:

(i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;

(ii) identification of the copyrighted work claimed to have been infringed;

(iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

(iv) your contact information, including your address, telephone number, and an email address;

(v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Please note that we will send a copy of your notice to the person who provided the allegedly illegal content and a link to your published notice may be displayed on Luvina Software in place of the removed content.

We reserve the right to remove User Content alleged to be infringing or otherwise illegal without prior notice and at our sole discretion. In appropriate circumstances, we will also terminate a user’s account if the user is determined to be a repeat infringer.

Sponsorships

Sponsorships allow companies to further promote their profile on Luvina Software by becoming a sponsor as set forth here (“Sponsorship”). When users visit a review page, the default sort is to place sponsors, which are designated with a sponsor flag, first in the list. Companies may be required to meet certain requirements, depending on the Sponsorship they wish to purchase. Sponsorship does not affect a company’s ranking on Luvina Software or position on the leader’s matrices nor does Sponsorship guarantee any amount of traffic, business, sales, leads, or otherwise. Sponsorship affects where a sponsor appears in a list of companies and receipt of Luvina Software support services.

Disclaimer

To the fullest extent permissible under applicable law, we provide the services and all information contained therein on an “as is” and “as available” basis with all faults, without warranty of any kind, and your use is at your sole risk. Luvina Software makes no claims for any third party, such as the company’s review of the services. Luvina Software does not endorse any company, vendor, service, or product depicted in the services and does not advise users to select any particular company based on its reviews or ratings. Reviews on the services consist of the opinions of the reviewers and should not be construed as statements of fact. We do not provide any express warranties or representations of quality, accuracy, reliability, or user content. Your purchase or use of, and the quality and performance of, any products or services offered by third parties reviewed on the services is at your own discretion and risk.

Luvina Software disclaims all warranties, expressed or implied, for the services, including any warranties of merchantability or fitness for a particular purpose, title, quiet enjoyment, accuracy, or non‐infringement. the services may include inaccuracies or errors. Luvina Software does not guarantee the accuracy of and disclaims all liability for any errors or other inaccuracies in the services or the information in or description of the services (including, without limitation, company profiles, portfolio images and descriptions, reviews, directory, and research data, etc.). Luvina Software makes no representations about the suitability of the services or any information contained therein for any purpose, and the inclusion or offering of any information about a product or service, or company other than Luvina Software does not constitute any endorsement or recommendation of such products or services by Luvina Software.

If you are dissatisfied or harmed by Luvina Software or anything related to Luvina Software, you may close your Luvina Software account, stop using the services, and terminate these terms and such termination shall be your sole and exclusive remedy.

Luvina Software does not guarantee that the services will function without interruption or errors in functioning. In particular, the operation of the services may be interrupted due to maintenance, updates, or system or network failures. Luvina Software disclaims all liability for damages caused by any such interruption or errors in functioning. Further, Luvina Software disclaims all liability for any malfunctioning, the impossibility of access, or poor use conditions of the services due to inappropriate equipment, disturbances related to internet service providers, the saturation of the internet network, and any other reason.

If applicable law requires any warranties for the services, all such warranties are limited in duration to ninety (90) days from the date of first use. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

Links to Third-Party Sites

Luvina Software includes links to third-party websites. You are responsible for evaluating whether you want to access or use a third-party site. Luvina Software is not responsible for and does not endorse any content, services, products, or other materials on or available from third-party sites. Accordingly, if you decide to use third-party sites you do so at your own risk and your use is on an “as-is” basis. Luvina Software shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any linked websites. These Terms do not apply to your use of any third-party site. The third-party websites may have their own Terms of Service and Privacy Policy to which you may be bound.

General

Entire Agreement & Severability

You agree that these Terms constitute the entire, complete, and exclusive agreement between you and Luvina Software regarding the Services and supersede all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy, or precedent, for the subject matter of these Terms.

If any provision of the Terms is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified to render it enforceable and effective to the maximum extent possible to effect the intention of the provision; if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms will not be affected in any way.

Waiver of Rights and Injunction

Our failure to act for a breach of the Terms by you or others does not waive our right to act for that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Terms, no representations, statements, consents, waivers, or other acts or omissions shall be deemed legally binding unless documented in physical writing hand-signed by a duly appointed officer of Luvina Software. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.

Assignment of Rights

You may not assign or delegate any rights or obligations under the Terms. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Terms, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Luvina Software for any third party that assumes our rights and obligations under the Terms.