User Terms

These General User Terms (“General User Terms” or “User Terms”) are entered into and agreed to by Australia Booster Reviews.

Users to whom these General User Terms apply may include, without limitation: potential software buyers, software vendors, software reviewers, industry insiders and media relations professionals (each a “User” or “You”).

We reserve the right to update or otherwise modify these General User Terms from time to time. You are responsible for checking these General User Terms periodically for changes and updates. Your use of the Sites and Services following such posted changes and updates constitutes acceptance of such changes and updates.

BY ACCESSING AND USING THE SITES AND SERVICES, YOU ATTEST THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE LEGALLY BOUND BY THESE GENERAL USER TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU SHOULD NOT ACCESS OR USE THE SITES OR SERVICES.

In consideration of the premises set forth above, You the User hereby agree as follows:

ELIGIBILITY:

The Sites and Services are intended solely for Users who are 18 years of age or older. Any access to or use of the Sites or Services by anyone under 18 is expressly prohibited. By accessing or using the Sites or Services You represent and warrant that You are 18 years of age or older.

USE OF WEBSITE:

By accessing and using our Sites, You acknowledge that You are responsible for your actions and for all User Content you post. You represent and warrant, to the best of your knowledge:

That You have all necessary right, power and authority to enter into these General User Terms and to fulfill your contractual obligations hereunder;
That any and all information You post or provide, including, without limitation, as part of any registration or application or to gain access to the Sites or Services, is true, accurate and not misleading and that You will not allow any other person or entity to use your Account
That the information and User Content you upload, post, e-mail, transmit, or otherwise make available to Us or on our Sites, including without limitation reviews, trademarks, logos, screenshots and videos is accurate and free of third party encumbrances;
That You will not post or otherwise provide User Content that is unlawful, tortious, malicious, defamatory, infringing, libelous, abusive, disparaging, pedophilic, pornographic, obscene, invasive of another's privacy, promotes illegal activities/conduct or violates local, state, national or other applicable laws or regulations;
That You will not post or otherwise provide User Content that You do not have the right to make available under any law or contractual or fiduciary relationship (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or information protected under nondisclosure agreements);
That You will not post or otherwise provide User Content that contains a software virus or any other code files or programs with the ability to interrupt, destroy, compromise, or otherwise limit the functionality of any computer software or hardware or telecommunications equipment;
That You will not forge headers or otherwise manipulate identifiers for the purpose of disguising the origin of any User Content posted on the Sites;
That You will not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of the Website or our Vendors without our express written consent;
That You will not avoid, bypass, reverse engineer, interfere with, deactivate, impair, descramble or otherwise circumvent any technical measure implemented by us to administer and protect our Sites and Services;
That You will not use any automated means or form of data scraping or data extraction to access, query, download or otherwise collect our Content or related information from our Site (except as expressly permitted by Us) or otherwise without authorization use or upload our Content; or create new links, reposts, or referrals through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers and data mining tools);
That You will not use or partner with any third party reviews-generating provider to submit reviews on our Site but rather will submit only those reviews that are written or uploaded by You in your individual capacity;
That You will not duplicate, download, publish, modify or otherwise distribute our Content for any purpose other than for your own individual use;
That You will not collect or "harvest" from our Sites the personal information (“Information”) of other Users without their consent for the purpose of transmitting unsolicited commercial mass mailings, "spamming” or any other unlawful purpose; and
That You will not access our Sites and Services by any means other than through interfaces expressly authorized by us and these General User Terms.

At our discretion, We may, but are not obligated to, monitor and terminate User activity on our Sites, and/or edit or remove User Content, which violates or otherwise fails to comply with these General User Terms.

INTELLECTUAL PROPERTY RIGHTS:

Our Sites are comprised of Content created by Us, our Partners and our Users. This section sets out the ownership and usage rights for each type of Content.

Listed company names are the service marks and trademarks of their respective companies.

COPYRIGHT INFRINGEMENT CLAIMS:

We respect the intellectual property rights of others and will not tolerate infringing activity on our Sites.

If You are a copyright owner or agent, and You believe your rights under applicable Copyright laws are being infringed by Us or another person or entity using our Sites or Services, You may submit to our Designated Copyright Agent (kellie.gordon@gartner.com) a written notification pursuant to the Digital Millennium Copyright Act ("DMCA") (17 U.S.C. § 512), which includes the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;
Identification of the work or material being infringed, or, if multiple works are covered by a single notification, a representative list of such works;
Your contact information, including phone number and e-mail address at which You may be contacted;
Your good faith statement that the use of the work or material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in your notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of the allegedly infringed copyright.

We reserve the right to seek damages from any person who knowingly, materially submits a DMCA notification claim under this section in violation of the law.

DISCLAIMER:

EXCEPT AS SPECIFICALLY SET FORTH HEREIN (I) YOUR USE OF OUR SITES AND SERVICES IS AT YOUR OWN RISK, AND (II) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR SITES AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT OR SYSTEM INTEGRATION. WHILE OUR SITES SERVE AS A PLATFORM TO HOST SOFTWARE PRODUCT LISTINGS, WE ARE NOT RESPONSIBLE FOR ENSURING THE LEGAL AND/OR REGULATORY COMPLIANCE OF THESE SOFTWARE PRODUCTS. FOR INFORMATION ON A SOFTWARE PRODUCT’S LEGAL AND/OR REGULATORY STANDING, PLEASE CONSULT THE SOFTWARE VENDOR DIRECTLY THROUGH THEIR WEBSITE. WE DO NOT WARRANT THAT OUR SITES WILL BE SECURE, AVAILABLE OR OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER; THAT ERRORS OR DEFECTS WILL BE CORRECTED; OR THAT THE CONTENT ON OUR SITES IS ACCURATE OR APPROPRIATE FOR YOU AND YOUR BUSINESS NEEDS.

LIMITATION OF LIABILITY:

Neither We nor User will be liable for any consequential, special, indirect, exemplary or punitive damages arising out of or in any way related to these General User Terms or the other party’s use of the Sites and Services, including without limitation loss of profits, revenue, interest, goodwill, loss or corruption of data or other interruption of business (whether in contract, tort or under other legal theory), even if advised of the possibility of such damages. Except for (i) breach of the indemnification and confidentiality sections hereunder, or (ii) fraud, willful misconduct or gross negligence, each party’s aggregate liability to the other for direct damages under these General User Terms is limited to the greater of (i) an amount equal to twelve (12) times the monthly fees paid or payable in the one (1) month period preceding a claim, or (ii) an amount equal to the fees paid or payable by you in the twelve (12) month period preceding a claim.

INDEMNIFICATION:

Each of Us and User (in its capacity as “Indemnitor”) agrees to indemnify, defend and hold harmless the other party, its agents, affiliates and employees (in its capacity as "Indemnitee”) from and against any and all third party claims, liabilities, losses and expenses (including damage awards, settlement amounts and reasonable attorneys’ fees) arising out of or relating to our or your respective violation of these General User Terms, except to the extent such losses and expenses arise from the negligence or willful misconduct of Indemnitee.

ENTIRE AGREEMENT:

These General User Terms, along with our General Vendor Terms, our Community Guidelines and our Privacy Policy, constitute the entire and exclusive agreement between the parties with respect to the subject matter hereof; and supersede, replace any/or nullify any conflicting or additional terms.

Terms Last Updated: January 2021