If we change this End User License Agreement, we will post the revised version of the agreement on our website, and that document will automatically replace the terms of this agreement. If you as a member continue to use our site after we post the revised agreement, you will be subject to the terms of the new agreement 5 days after that agreement is posted on our website. Failure to adhere to the terms of this license agreement voids your status as a member of this site, and we can terminate your membership at will. You must follow these guidelines to continue to use this site.
All information available through "TRYBETA" ("Information") is the property of TRYBETA OR its information providers and is protected by copyright, intellectual property and personal property laws. All rights reserved. Software applications listed on TRYBETA are protected by copyright by their respected owners.
You may not reproduce, retransmit, disseminate, sell, publish, broadcast, or circulate any Information without the express written consent of TRYBETA. You are entitled to use the Information for your private, non-commercial use only.
As a software developer you may not ask, solicit or encourage TRYBETA beta testers to join any third party beta testing web sites. You must use the TRYBETA web site for all communication between your company and beta testers who find your products through TRYBETA. TRYBETA includes the tools you need to manage your beta testing program. If you solicit TRYBETA beta testers to move to another medium, your TRYBETA account will be closed.
TRYBETA does not guarantee the accuracy, completeness, timeliness, or correct sequencing of any of the Information on the Site, including, but not limited to Information originated by TRYBETA, licensed by TRYBETA, or gathered by TRYBETA from publicly available sources.
TRYBETA MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES CONTAINED IN "TRYBETA". ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
TRYBETA, SHALL HAVE NO LIABILITY, CONTINGENT OR OTHERWISE, FOR THE ACCURACY, COMPLETENESS, TIMELINESS, OR CORRECT SEQUENCING OF THE INFORMATION OR FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION ON "TRYBETA", OR FOR INTERRUPTION OF ANY DATA, INFORMATION, OR ANY OTHER ASPECT OF "TRYBETA".Your Account
You are responsible for maintaining the confidentiality of your password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree to notify TRYBETA immediately at firstname.lastname@example.org of any unauthorized use of your account. TRYBETA reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.Content Submission
TRYBETA allows software developers to submit information about unreleased or released products. By submitting any content to TRYBETA you agree that this information can be viewed and used by users of the web site. You agree that content submitted to TRYBETA may be viewed by non-members, including but not limited to unreleased software, software feedback submitted by beta testers, and information contained within your profile.
You agree that all Content you submit will conform to TRYBETA's Content Submission Guidelines. TRYBETA reserves the right (but not the obligation) to remove or edit any non-conforming content, in its sole discretion.
You represent and warrant that you own or otherwise control all of the rights to your Content and that use of your Content by TRYBETA and its affiliates will not infringe upon or violate the rights of any third party. Before you use TRYBETA to post any information or content that is protected by intellectual property laws, you shall have acquired the legal right to do so from the owner or authorized licensee of such information or content.
By registering with TRYBETA and submitting Content on the Websites, you hereby grant TRYBETA a non-exclusive, perpetual, irrevocable, unrestricted, transferable, fully sublicensable, worldwide, royalty-free license to use, distribute, display, reproduce, perform, modify, adapt, publish, translate and create derivative works from the Content throughout the world in any form, media or technology. You also grant TRYBETA and its affiliates and sublicensees the right to use the member name that you submit with your Content if they so choose.
By completing the membership registration process, you expressly agree to be bound by the terms and conditions below and any other terms, conditions, notices and disclaimers displayed elsewhere throughout TRYBETA. If you object to these terms and conditions or any subsequent modifications to them, or become dissatisfied with your membership through TRYBETA in any way, your only remedy is to immediately:
- discontinue your use of the TRYBETA web site; and
- terminate your membership by notifying TRYBETA WEBMASTERS in writing
When registering as a member of the TRYBETA web site, you must provide TRYBETA with accurate, complete and up-to-date information as requested. It is your responsibility to inform TRYBETA of any changes to that information. You may do this at any time by clicking on the 'Contact Us' link within the TRYBETA site.
Once you become a member of TRYBETA website, you will receive a username and a password. You must ensure that these remain confidential at all times since you are entirely responsible for all activities which occur under your username and password, including unauthorized activities. You must notify TRYBETA webmasters immediately if you become aware of any unauthorized use of your username and password. Each username and password must be used by a single user and is not transferable.
TRYBETA may at its discretion terminate your membership of, or access to, the TRYBETA website at any time. If this happens we will not notify you.
In such event:
- you are no longer authorized to access the TRYBETA website;
- you will continue to be subject to and bound by all restrictions imposed on you by these terms & conditions;
- and all licenses granted by you and all disclaimers by TRYBETA and limitations of TRYBETA liability set out in these terms and conditions or elsewhere on the TRYBETA website will survive.
TRYBETA may change or discontinue any feature of the TRYBETA website including content, hours of availability and equipment required for access.Policy On False And Offensive Information
As a user of TRYBETA, you agree that all information provided about any listed materials is accurate to the best of your knowledge, and you will not attempt to defraud other users by posting inaccurate information. We reserve the right to terminate any user's account and delete all his or her listings without notice if they do not honor this user agreement in good faith. The decision as to whether or not this user agreement has been honored will be at the sole discretion of TRYBETA.
As a corollary, pleased be warned that it is the nature of user provided information, in the way of user posted software, reviews, profile details, and any other user posted information, to possibly be inaccurate, obscene, derogatory, or offensive. We will make our best attempt to filter out any of this type of offensive text and information, but we cannot do this immediately, and we may miss some offensive material, and thus TRYBETA cannot be and is not responsible for inaccurate, offensive, obscene, or derogatory, material on our site. If you run across material on our site that offends you, PLEASE send us an e-mail through the Contact Us link and we will attend to it promptly.Liability
In no case shall TRYBETA or any users of our service be liable for any loss of money, GPA, or time as a result of the use of this site or transactions with other users. Please use our service at your own risk.
Our rating system is in place in an attempt to determine a user's trustworthiness, especially in the case of accepting beta testers. If you suspect a user is acting unethically or against TRYBETA's terms, you have the option of filing a report with TRYBETA either through e-mail or on the site.
Accepting beta testers with no past ratings or reputations may pose risks to software developers. Likewise, downloading software provided by developers may also pose risks to beta testers.
TRYBETA does its best to help developers choose qualified and reliable beta testers. However the accuracy of beta tester's information including computer experience, profile details, developer feedback, and any other information available on TRYBETA may not accurately depict the beta tester in question. Software developers are urged to accept beta testers with a great deal of caution. If you suspect a beta tester has violated TRYBETA's terms, please notify TRYBETA immediately and disassociate the user is question as soon as possible. TRYBETA makes not guarantees on the reliability of beta testers.
TRYBETA does not actively scan software submitted by developers for viruses, spyware or any malicious code. In addition, the nature of the web site provides beta testers with applications that have not been fully tested. TRYBETA can not be help responsible for the quality, accuracy or reliability of software available on the site. Beta testers are urged to test and download software with a great deal of caution. Often background checks on companies which can include visiting the company web site, downloading other company products, or speaking with other customers of the company in question can help ensure that downloaded products are safe. TRYBETA does not make any guarantees in regards to the performance of software. Beta testers are using the software listed on TRYBETA at their own risk.
You agree to defend, indemnify and hold harmless TRYBETA, its officers, directors, employees and agents from and against all claims, demands, actions, suits, damages, liabilities and costs, including reasonable attorneys' and experts' fees, related to or arising from (i) any breach of your covenants under this Agreement; (ii) your use of the Websites; (iii) all conduct and activities occurring under your member name and password; (iv) any defamatory, libelous or illegal material contained within your Content; (v) any claim or contention that your Content infringes any third party's patent, copyright or other intellectual property rights or violates any third party's rights of privacy or publicity; and (vi) any third party's access or use of your Content.
Applicable Law And Jurisdiction
You agree that the laws of the province of Ontario and Canada, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and TRYBETA.