GENERAL TERMS AND CONDITIONS FOR TESTIMONIAL SUBMISSION
If you desire to share your experience in using the product Urgonight and take part to the community of users and potential users of the product, we propose to you to post the testimonial on the product.
Urgotech is free to choose which testimonials will be published on the websites www.urgonight.com/fr and/or www.urgonight.com.
By posting a testimonial, each user understands, acknowledges and agrees that each testimonial will comply with the conditions below.
To ensure that the shared experiences are true, users must have completed a minimum of 10 sessions. A threshold of 10 sessions ensures that the user has completed sufficient training.
Users are free to choose the format of their testimonial (e.g. text, video, images, art, etc.).
Content requirements: Testimonials shall not (i) contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; (ii) contain sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (iii) infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person; (iv) violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations; (v) be likely to deceive any person; (vi) promote any illegal activity, or advocate, promote, or assist any unlawful act; (vii) cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person; (viii) impersonate any person, or misrepresent an user’s identity or affiliation with any person or organization; (ix) contain information unrelated to the product; or (x) contain any images or content related to a minor, defined herein as a person under the age of eighteen (18). If a testimonial contains an image, such image shall be solely of the user.
By posting a testimonial, each user understands, acknowledges, and agrees that each testimonial will be considered non-confidential and non-proprietary.
Users are solely responsible for their testimonials, and each user, and not Urgotech, has full responsibility for such testimonial, including its legality, accuracy, and appropriateness and Urgotech shall not be responsible or liable to any third party for the content of any testimonial.
Representations and Warranties. By posting a testimonial, the user represents and warrants to Urgotech that (i) user owns or controls all rights in and to the testimonial and has the right to grant the rights granted to Urgotech to use the testimonial as provided herein; (ii) the testimonial will not infringe on the intellectual property rights of any third party; (iii) the testimonial does not infringe on the privacy rights of any third party; (iv) user has complied with these rules; (v) the testimonial complies with relevant law; and (vi) the testimonial is original.
Use of users’ testimonial. By posting a testimonial, each user irrevocably grants Urgotech the right to use, reproduce, modify, perform, display, and distribute the testimonial in any manner and in any medium, now known or hereafter discovered or devised, worldwide in perpetuity, for purposes of advertising, marketing, trade, promotion and/or publicity. In addition, by posting a testimonial, all users hereby irrevocably consent to the use by Urgotech of their testimonial and all information contained therein including but not limited to, name, likeness, opinions, images, statements, and/or other indicia of persona, and personally identifiable information for any and all uses and purposes in any media now known or hereinafter developed throughout the world (including the World Wide Web and on-air) without additional consideration (where legal), consent or prior review, and upon request will provide written consent to such use.
User authorizes Urgotech to communicate with them, in order to obtain additional information about their experience with the product and on related matters.
Indemnification. Each user agrees to defend, indemnify, and hold harmless Urgotech from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to user’s violation of these official rules.
General Release and Hold Harmless. By posting a testimonial, each user (for himself or herself and his or her heirs) hereby releases, holds harmless, and forever discharges Urgotech, and all of its parents, subsidiaries, affiliates, advertising and promotion agencies, and all of their respective directors, officers, employees, shareholders, and agents from any and all liability, loss, harm, damage, cost, or expense (collectively, a “Loss”) associated with the user’s testimonial use, including, but not limited to, all reasonable counsel fees and court costs incurred, property damage, personal injury, and/or death.
Limitation of Liability. Except where prohibited, user agree that: (i) any and all disputes, claims, and causes of action arising out of or connected with this testimonial post and use, shall be resolved individually, without resort to any form of class action; and (ii) any and all claims and judgments shall be limited to actual out-of-pocket costs incurred but in no event attorneys’ fees.
IN NO EVENT URGOTECH BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, CLAIMS, ACTIONS, DAMAGES, LOSSES, OR LIABILITY OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES RESULTING FROM OR ARISING FROM PARTICIPATION IN, OR THE PRODUCTION, PROMOTION, OR ADMINISTRATION OF, THE TESTIMONIAL.
SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
Venue and Applicable Law: All issues and questions concerning the construction, validity, interpretation, and enforceability of these official rules, or the rights and obligations of user and/or Urgotech in connection with the testimonial submission, shall be governed by, and construed in accordance with, the laws of the State of New York without regard to conflicts of law/choice of law doctrine of New York or any other jurisdiction, and all proceedings shall take place exclusively either in the United States District Court for the Southern District of New York, or Manhattan County State Court located in New York, New York.