1. Use of Content – Software Tested permits anyone to do the following with original Software Tested content, in any medium:
Important Note: This does not include the right to republish images from ST Site, for which Software Tested may not the copyright holder, except in the context of a screenshot of the whole site. Software Tested makes no representations or guarantees about the suitability for third-party use of content that appears on the ST Site, and licenses herewith only the content of which Software Tested is the copyright holder.
2. Web Syndication of Software Tested Content
TO THE FULLEST EXTENT ALLOWED, SOFTWARE TESTED DISCLAIMS ALL WARRANTIES INCLUDING WARRANTIES FOR MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
6. Corresponding with Software Tested - Any correspondence with the ST Site or submission of content to us, including any documentation or images, is considered property of Software Tested. Software Tested reserves the right to reproduce such content, in whole or in part, on the ST Site or its affiliates, and to use it in any way we choose, including sublicensing the content and allowing third parties to republish the material. In submitting something to us, you are representing that the content is yours to give to us, does not infringe on any third party's rights - copyright, trademark, privacy rights and the like - and is not libelous or unlawful in any other way.
7. Comments – The comments sections on the ST Site is accessible to users by invitation only (such invitations coming either from Software Tested editors directly or by referral from existing comment users). Software Tested comment user registration system has been designed so that, if the user so chooses, they can remain completely anonymous, even to us Software Tested will not accept responsibility for information posted in the Comments. In order to make our comments useful and interesting, the following guidelines have been established for comment users:
Please note that we will respond only to notices of alleged infringement that comply with the Digital Millennium Copyright Act. The text of the Act can be found at the U.S. Copyright Office Web Site.
To file a notice of infringement with us, you must provide a written communication (by email with an attached and signed PDF) that sets forth the items specified below. Please do not send us regular mail, as we may not receive it in a timely fashion.
To enable us to address your concerns, please provide the following information:
Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that any material on our sites is infringing your copyrights.
Indeed, in a recent case a company that sent an infringement notification seeking removal of online materials that were protected by the Fair Use doctrine was ordered to pay such costs and attorneys` fees. The company agreed to pay over $100,000. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.
Please note that a copy of each legal notice we receive will be sent (with your personal information removed) to Chilling Effects for publication. You can see an example of such a publication here.
We also reserve the right to publish your letter on the ST Site.
10. External Links Disclaimer – ST Site routinely contain links to external, third party websites. By providing links to other sites, Software Tested does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to the ST Site.
Software Tested does not operate or control and has no responsibility for the information, products and/or services found on any external sites. Nor do such links represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose. Visitors to the ST Site assume complete responsibility and risk in their use of any external sites. Visitors should direct any concerns regarding any external link to its site administrator or webmaster.
11. General Disclaimer – All of the Software Tested titles are gossip sites. The sites publish both rumors and conjecture in addition to accurately reported information. Information on the sites may contain errors or inaccuracies; the sites' proprietors do not make any warranty as to the correctness or reliability of the sites' content. Links to content on and quotation of material from other sites are not the responsibility of Software Tested.
Email sent to ST Site is considered our property. We will respect and protect anonymous sources as tipsters, but all correspondence is considered available for publication.
ST Site is in compliance with the Digital Millennium Copyright Act. For more information on the legality of thumbnail usage of photographs, please download the 9th Circuit Court's ruling in Kelly v. Arriba Soft Corp (July 7th 2003).
12. Information Security – Software Tested has technical, administrative and physical safeguards in place to help protect against unauthorized access to, use or disclosure of user information we maintain. Under our security practices and policies, access to personally identifiable information is authorized only for those who have a business need for such access, and sensitive records are to be retained only as long as necessary for business or legal needs and destroyed before disposal.
Although we work hard to protect personal information that we collect and store, no program is one hundred percent secure and we cannot guarantee that our safeguards will prevent every unauthorized attempt to access, use or disclose personal information.
If you become aware of a security issue, please email us at legal [at] sofwaretested [dot] com. We will work with you to address any problems.