Term of Use

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That! Company Marketplace General User Terms

That! Company Marketplace General Vendor Terms

Rules


That! Company Marketplace General User Terms


Welcome to That! Company Marketplace. Please take time to read our General User Terms.

These General User Terms ("General User Terms" or "User Terms") are entered into and agreed to by That! Company Marketplace, a Florida company, and its Affiliates ("That! Company Marketplace" "We" or "Us"), and all Users (as further described below) of the That! Company Marketplace Sites and Services ("Sites and Services") as a condition of accessing and using those Sites and Services. These General User Terms govern the use of the Sites and participation in the Reviews Program.

Users to whom these General User Terms apply may include, without limitation: potential software, service and product buyers, vendors, 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 periodically checking these General User Terms 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:

DEFINITIONS:

Accounts: There are two types of Accounts. User Accounts are created by individual users and can be removed at the User's convenience. Vendor Accounts include Information about a Vendor (both basic and upgraded) collected and maintained as company records for purposes of administration of the services, content management, and back-office administration of our Sites. Because we create Vendor Accounts to manage our online services, these Accounts are non-cancellable.

Affiliate: Any entity that, directly or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with us.

Basic Listing: A free-of-charge Product Listing that does not generate conversions, clicks, or leads.

Basic Vendor: A vendor listed on our Sites that has not upgraded its Account to PPC and/or PPL.

Content: Includes Our Content, User Content, and Vendor Content.

Listing Guidelines: Rules that govern the posting of Product Listings in our marketplace.

Information: Personal Information that may include your first and last name, job title, telephone number, postal/email addresses, billing information and social media profile Information (including photo).

Landing Page: The specific webpage and corresponding URL that is provided by the vendor or created by GDM's Landing Page Team that is used in connection with GDM PPC online lead generation campaigns.

Leads: All Information of or pertaining to a user interested in purchasing the services of an Upgraded Vendor, which is collected or otherwise secured by us per applicable law; and which is owned by us.

Modified Product Listings: Product Listings that have been changed or updated by Vendor or us per the Guidelines for Product Listings.

Our Content: All Sites, tools, templates, and related proprietary materials developed and owned by us and our Affiliates, including, without limitation, User Content, Third Party Content, and Leads.

Partner: Any external, third-party website under contract with us to drive impressions, conversions, and/or leads for Upgraded Vendor campaigns.

Pay Per Click (PPC): Lead generation program in which Upgraded Vendor pays us for each legitimate User who clicks through online advertisements to Upgraded Vendor's website or landing page.

Pay Per Lead (PPL): Lead generation program in which Upgraded Vendor pays us for phone-verified, qualified leads.

Product Information: Collectively includes without limitation: Product Listings, Product Profiles and any other product-related information developed by us, now and in the future ordinary course of our business.

Product Listings: High level descriptions of Vendor's products (including vendor name & logo, product name & description, screenshots) created by us or Vendor and featured in our online software directories.

Product Profiles: Detailed listings describing Vendor's products (including vendor name & logo, product name, screenshots, short/unique description, reviews) featured in our online software directories.

Programs: Any programs developed by us for our Upgraded Vendors or Users, including without limitation: the PPC and/or PPL lead-generation programs operated by us for our Upgraded Vendors, and our Reviews Program.

Ratings: Any portion of a User-submitted review, or a submission independent of a review, which uses a scaled score value to indicate an opinion about a vendor's product and/or service.

Services: Collectively includes, without limitation, all our proprietary products and services, including applications, tools, and Programs, which are accessible via our Sites, both for Users and for Vendors.

Site(s): Also known as Websites, any property (website or landing page) owned or licensed by us, our Affiliates, Vendor, Partner or authorized Third Party to provide the Services hereunder.

Third Party: Any third party with which we cooperate to deploy the Programs and Services, including without limitation: Partners, service providers and Affiliates.

Upgraded Vendor Listing: Product Listings that generate conversions, clicks, or leads for paying Vendors.

User: A user of our Sites, whether or not registered, who accesses and uses our Services or submits content, such as reviews. Users may include, without limitation, potential software buyers, customers, vendors, industry insiders, or media relations.

User Content: Any information, including without limitation User Reviews and related content and materials, which is submitted to our Sites by a User.

User Reviews: Any user-submitted content conveying an opinion about a vendor's product and/or service that may contain both quantitative ratings as well as qualitative text.

Vendor: A software vendor (Basic/free or Upgraded/paying) that is listed on our Sites.

Vendor Content: Information provided to us by Vendor in connection with our Programs and Services, including without limitation: updates to Product Listings, landing pages, infographics, reports, blog posts.

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.

ACCOUNT REGISTRATION:

[To the extent our Sites and Services require a User Account]

User Accounts:

When creating a User Account, You agree to: (i) provide and keep current accurate and complete Information about yourself and your company ("Information"); (ii) maintain the confidentiality of your Account and log-in credentials, if applicable; and (iii) restrict access to all others. You agree to accept responsibility for all activities that occur under your Account. If We have reasonable grounds to suspect that the Information you provide is inaccurate, incomplete or impersonates another person, We reserve the right to suspend or terminate your Account. All Information will be stored and used in accordance with our Privacy Policy

For guidance on Vendor Accounts, please see our General Vendor Terms.

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:

  1. That You have all necessary right, power, and authority to enter into these General User Terms and to fulfill your contractual obligations hereunder;
  2. That 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
  3. 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;
  4. That You will, when posting User Content on our Sites, adhere to our Community Guidelines and bear all liability related to your submission of such User Content through our Sites and/or Services;
  5. 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;
  6. 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);
  7. 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;
  8. 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;
  9. 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;
  10. 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;
  11. 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);
  12. That You will not use or partner with any third-party reviews-generating provider to submit reviews on our Site but will submit only those reviews that are written or uploaded by You in your individual capacity;
  13. That You will not duplicate, download, publish, modify, or otherwise distribute our Content for any purpose other than for your own individual use;
  14. 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
  15. 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.

OUR REVIEWS PROGRAM:

How the Program Works:

Our Sites and Services are powered by online reviews submitted by verified users of software products, in either written or video format ("User Reviews") We encourage those who desire to share their experience regarding a software product, service or vendor to submit User Reviews on our Site. You acknowledge and agree that We as the website operator are merely providing a platform for these User Reviews; and that all such User Reviews represent the opinions of the reviewers of those products, services, or vendors and not our own opinions. From time to time, We may provide nominal incentives (such as gift cards) to encourage submission of honest reviews, regardless of whether the content of the review is positive or negative. We provide clear notice on our Sites when a reviewer has been offered a nominal incentive for submitting an honest review. We also provide a service to assist vendors in soliciting reviews from their customers for posting on our Site. We provide clear notice on our Sites when a review has been sourced in this manner. Users may opt to post their review anonymously.

Our Community Guidelines:

When participating in our Reviews Program, You (whether a software buyer, vendor or reviewer), acknowledge and agree to adhere to our Community Guidelines. Our Community Guidelines or CGs set forth the rules of play for users, reviewers, and vendors. The CGs cover, without limitation, the QA process, the guidelines each review must meet as well as the processes for flagging reviews for investigation and applying penalties. The CGs also outline the protections We put in place to maintain high-quality, trusted reviews, as well as the respective rights of reviewers and vendors. As a neutral content platform, We will only remove reviews that we in our discretion determine do not comply with our Community Guidelines.

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.

Our IP:

Our Sites and all intellectual property rights therein, including without limitation the vendor listings we create from publicly available or licensed Content, along with our Services and/or our domain names (collectively, "That! Company Marketplace IP"), constitute the property of That! Company Marketplace, its Affiliates and/or its authorized licensors, and are protected by US and international copyright, trademark, and other intellectual property laws.

We grant to User a worldwide, revocable, royalty-free, non-exclusive license to use, view and download the That! Company Marketplace IP for User's personal, non-commercial use in accordance with these General User Terms, the Community Guidelines and applicable US and international copyright laws.

Except to the extent otherwise expressly permitted under copyright law, User will not copy, reproduce, modify, use, distribute, display, create derivative works of or otherwise exploit the That! Company Marketplace IP without the express written consent of That! Company Marketplace or the applicable copyright owner.

User IP:

User certifies that User owns or has secured all necessary intellectual property rights in the Content that User uploads, posts, includes in a video, e-mails, transmits or otherwise makes available to us or on our Sites, including without limitation User Reviews (collectively, "User IP"), and User further agrees to be liable for all such User IP.

By posting User IP (including without limitation, User Reviews) on our Sites or otherwise submitting User IP to Us, User grants to Us, our Affiliates and Partners a perpetual, worldwide, irrevocable, exclusive, royalty-free and fully sub-licensable right to use, reproduce, translate, modify, create derivative works of, publicly display, communicate and distribute (either electronically or via other media now known or hereafter devised) the User IP in the ordinary course of our business, with the exclusive right to enforce copyrights against anyone copying, republishing, distributing, editing, scraping or preparing derivative works without the consent of Us, our Affiliates, Partners and any sub-licensees.

All intellectual property rights not expressly granted hereunder are expressly reserved to us.

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:

"DMCA Concerns"
C/O That! Company
4646 That Street
Leesburg, FL 34748

A written notification pursuant to the Digital Millennium Copyright Act ("DMCA") (17 USC § 512), which includes the following Information:

  1. 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;
  2. Identification of the work or material being infringed, or, if multiple works are covered by a single notification, a representative list of such works;
  3. Your contact information, including phone number and e-mail address at which You may be contacted;
  4. 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
  5. 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.
  6. 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.

DATA PROTECTION:

Each of Us and User agrees, in fulfilling its respective obligations under these General User Terms, to comply with all applicable data privacy legislation and with the terms of our Privacy Policy, which describes how we collect, use and safeguard your personal Information (Information) to administer your Services and Site experience.

REPRESENTATIONS & WARRANTIES:

User represents and warrants to the best of its knowledge: (a) that it has all necessary right, power and authority to enter into these General User Terms and to fulfill its contractual obligations hereunder; (ii) that the Information that it uploads, posts, e-mails, transmits, or otherwise makes available to us or on our Sites, including without limitation content, reviews, screenshots, is accurate and free of third party encumbrances; (iii) that it has not breached any third party rights, including without limitation: intellectual property, publicity or privacy, consumer protection, tort and product liability rights; (iv) that it complies with all applicable security standards and is free from any viruses, including without limitation malware or Trojan horses; and (v) that it complies with all applicable laws, statutes, ordinances and regulations.

DISCLAIMER:

YOUR USE OF OUR SITES AND SERVICES IS AT YOUR OWN RISK. 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 breach of the indemnification and confidentiality sections hereunder, each party's aggregate liability to the other for direct damages under these General User Terms is limited to USD$88 (eighty-eight US Dollars). We expressly disclaim liability for any and all disputes arising between vendors and users of our Sites and Services. By accessing and using our Sites and Services, You release us, our parent company, and Affiliates from any and all liability for any and all claims arising from disputes between vendors and users of our Sites or Services.

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 a violation of these General User Terms, except to the extent such losses and expenses arise from the negligence or willful misconduct of Indemnitee.

TERMINATION:

Termination by Us:

We reserve the right in our sole discretion, without penalty and at any time without notice, to modify or discontinue (temporarily or permanently) User';s access to our Sites and Services, or any part thereof if We believe that User is violating these General User Terms. If User uses or attempts to use our Sites and/or Services for any purpose that contravenes these General User Terms (including without limitation tampering, hacking, data scraping, modifying or otherwise corrupting the security or functionality of our Sites and Services), User may also be subject to civil and criminal liability.

Termination for Convenience By User:

User may terminate its User Account at any time by sending an email to Domain (at) ThatCompany.com We will endeavor to remove your User Account within 5 (five) business days. While You still may be able to access certain portions our Sites and Services following termination of your Account, You will no longer have access to the full functionality.

By Us: We may in our sole discretion terminate your User Account, or impose limits on or restrict your access to parts or all of our Sites and/or Services at any time, without notice or liability.

For guidance on termination of vendor accounts, please see our General Vendor Terms.

FORCE MAJEURE:

Neither party will be liable for any failure or delay of performance under these General User Terms resulting from a force majeure event beyond the reasonable control of a party, including without limitation, natural disasters, acts of God, government regulations, war, terrorism, labor disputes and power failures.

GOVERNING LAW:

These General User Terms are governed by the laws of Leesburg, Florida, except for its conflicts of interest principles. All claims arising out of or relating to these General User Terms will be litigated exclusively in the federal or state courts of Lake County, Florida, and each of That! Company Marketplace and User consents to personal jurisdiction in those courts.

WAIVER &SEVERABILITY:

Our failure to act with respect to a breach of these General User Terms will not constitute a waiver and does not waive our right to act with respect to subsequent or similar breaches. If any of these General User Terms shall be deemed invalid, void, or for any reason unenforceable under applicable law, then that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term or provision of these General User Terms.

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.


That! Company Marketplace General Vendor Terms


Please take time to read our General Vendor Terms.

These That! Company Marketplace General Vendor Terms ("General Vendor Terms") are entered into and agreed to by That! Company Marketplace and its Affiliates ("That! Company Marketplace") and all Vendors, both basic and upgraded, as a condition of accessing and using our Sites and/or Services. Among other things, these General Vendor Terms govern (i) vendor portal and product listings, (ii) vendor participation in our Reviews Program and (iii) purchase of our vendor services, as further described in our Service Descriptions posted on the Vendor Portal.

Vendors to whom these General Vendor Terms apply include, without limitation: basic software vendors and/or upgraded or paying software vendors (each, a "Vendor" or "You").

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

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

DEFINITIONS:

For a glossary of definitions used in these General Vendor Terms, please see the section above by clicking here.

ELIGIBILITY:

Our Sites and Services are intended solely for Users who are 18 years of age or older. Any access to or use of our Sites or Services by anyone under 18 is expressly prohibited. By accessing or using our 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 agree to comply in all respects with these General Vendor Terms, the Guidelines for Product Listings, the General User Terms, the Community Guidelines, and our Privacy Policy as well as any other rules we make known to you. You acknowledge that you are responsible for your actions and for all Content you post on our Sites. You represent and warrant, to the best of your knowledge:

  1. That you have all necessary right, power, and authority to enter into these General Vendor Terms and to fulfill Your contractual obligations hereunder;
  2. That all Information you post or provide, including, without limitation, as part of any registration or application or to gain access to our Sites or Services, is true, accurate and not misleading and that you will not allow any other person or entity to use your Account;
  3. That the information and Content you upload, post, e-mail, transmit, or otherwise make available to us or on our Sites, including without limitation Product Listings, trademarks, logos, screenshots, and responses to user reviews, is accurate and free of third-party encumbrances;
  4. That you will, when posting Product Listings on our Sites, adhere to the Guidelines for Product Listings and bear all liability related to your submission of such Content through our Sites or Services;
  5. That you shall not, nor shall you authorize any third party to (i) generate automated, fraudulent, or otherwise invalid impressions, inquiries, conversions, clicks or other actions; (ii) intentionally misrepresent their company, products, and services; or (iii) advertise anything illegal or engage in any illegal or fraudulent business practice;
  6. That you will not post or otherwise provide 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;
  7. That you will not post or otherwise provide 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);
  8. That you will not post or otherwise provide 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;
  9. That you will not forge headers or otherwise manipulate identifiers for the purpose of disguising the origin of any Content posted on the Sites;
  10. That you will not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary Information of our Sites or our other Vendors without our express written consent;
  11. 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;
  12. 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 any of our Sites (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);
  13. That you will not duplicate, download, publish, modify, or otherwise distribute our Content for any purpose other than for your own individual use;
  14. That you will not collect or "harvest" from the Sites the personal Information ("Information") of other Users or Vendors without their consent for the purpose of transmitting unsolicited commercial mass mailings, "spamming" or for any other unlawful purpose; and
  15. That you will not access our Sites and Services by any means other than through interfaces expressly authorized by us and these General Vendor Terms.

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

OUR VENDOR PORTAL, PRODUCT LISTINGS, & VENDOR SERVICES:

How our Vendor Offerings Work:

Every vendor (basic and upgraded) has a Vendor Account and Product Listing, which they are entitled to access and selectively update via the Vendor Portal. Vendor Accounts and Product Information (including Product Profile and Product Listing) posted on our Sites are non-cancellable. We create our Vendor Product Listings from publicly available Information in order to ensure a comprehensive picture of every segment of the software industry.

Upgraded Vendor Services:

For Information on upgraded (paid) Vendor services, contact sales (at) thatcompany.com

Vendor Portal:

The Vendor Portal is a self-service tool that we make available to vendors, who may log in to update and manage select portions of their Vendor Accounts and Product Listings.

Vendor Accounts:

Unlike User Accounts, which are created by individual users and can be removed at the User's convenience, vendors (both basic and upgraded) do not have individual accounts but rather we create for them Vendor Accounts (which are more akin to company records) from publicly available company information for purposes of administration of the services, content management and back-office administration of our Sites. Because we create Vendor Accounts for purposes of managing our online services, these Accounts are non-cancellable.

Vendor Product Listings & Profiles:

Vendor Product Listings (also known as Profiles) are descriptions of vendor's products (including vendor name & logo, product name & description, screenshots) created by us from publicly available content, vendor contributed modifications and any other content we create or license, which are featured in our online software directories. Vendor shall ensure that the Vendor Content it contributes or approves for its Product Listing, Profile and other Product Information complies with these General Vendor Terms and with the Guidelines for Product Listings. Listed company names are the service marks and trademarks of their respective companies.

OUR USER REVIEWS PROGRAM-VENDOR PARTICIPATION:

Our User Reviews Program:

In addition to the Vendor Product Listings and Profiles, our Sites also host a User Reviews program where they allow verified users to review software vendor products. You acknowledge and agree that we, as the website operator, are merely providing a platform for these user-generated reviews; and that all such reviews represent the opinions of the reviewers of those software products and not our opinions. If a vendor is concerned about a user-generated review on our Sites, they may respond to a user review or flag a review for investigation as further described in our Community Guidelines.

Vendor Participation:

All vendors who access our Sites must comply with the General User Terms and the Community Guidelines regarding their participation in our Reviews program. The Community Guidelines, in addition to enumerating expectations for the users who are generating the reviews, also set forth expectations for the vendors who are reviewed. Among other things, the Community Guidelines promise vendors: (i) a rigorous evaluation of submitted reviews; (ii) a fair investigation of flagged reviews independent of vendor status (client or non-client); and (iii) an opportunity to respectfully respond to any review of their product.

INTELLECTUAL PROPERTY RIGHTS:

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

Our IP:

Our Sites, including without limitation the Product Listings we create from publicly available content and any other content we create or license, Services, along with the domain names, and all intellectual property rights therein (collectively, the "That! Company Marketplace IP"), are the property of That! Company Marketplace, its Affiliates and/or its authorized licensors and is protected by US and international copyright, trademarks, and other intellectual property laws.

We grant to Vendor a worldwide, revocable, royalty-free, non-exclusive license to use, view and download the That! Company Marketplace IP in accordance with these General Vendor Terms and applicable US and international copyright laws. Except to the extent otherwise expressly permitted under copyright law, Vendor will not copy, reproduce, modify, use, distribute, display, create derivative works of or otherwise exploit the That! Company Marketplace IP without the express written consent of That! Company Marketplace or the applicable copyright owner.

Vendor IP:

Vendor retains all right, title and interest in and to the Content it submits to us to update or modify its listing (see below), as well as to its logos, trademarks, and screenshots (collectively, "Vendor IP") and grants to That! Company Marketplace, its Affiliates and Partners a perpetual, worldwide, irrevocable, royalty-free, non-exclusive, sub-licensable license (i) to use the Vendor IP in the ordinary course of its business (ii) to advertise, market, promote and publicize Vendor and its products on our Sites and our Partner Sites; and (iii) to modify and/or remove Vendor Content as we may determine in our sole discretion in accordance with the Guidelines for Product Listings.

Product Listing:

That! Company Marketplace retains all right, title and interest in and to the Product Listings that it creates from publicly available content (excluding any intellectual property owned by vendor) and grants to Vendor free of charge a license to use, update and (at our discretion) modify the Product Listing ("Modified Product Listing") subject to the following:

  1. We may make minor modifications to the Modified Product Listing (including adding our own content) to ensure compliance with the Guidelines for Product Listings and for testing and quality control purposes to improve the user experience;
  2. We may share the Modified Product Listing (including Vendor account information) internally with our Affiliates in the ordinary course of our business; and
  3. We may post the Modified Product Listing on our Content or Sites or the content and sites of our Partners where we place ads to drive web traffic and quality leads in the ordinary course of our business.

All intellectual property rights not expressly granted hereunder are expressly reserved to That! Company Marketplace and to the respective owners of such rights.

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 ([email protected]) a written notification pursuant to the Digital Millennium Copyright Act ("DMCA") (17 USC § 512), which includes the following Information:

  1. 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;
  2. Identification of the work or material being infringed, or, if multiple works are covered by a single notification, a representative list of such works;
  3. Your contact information, including phone number and e-mail address at which you may be contacted;
  4. 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
  5. 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.

DATA PROTECTION:

Each of That! Company Marketplace and Vendor agrees, in fulfilling its respective obligations under these General Vendor Terms, to comply with all applicable data privacy legislation and with the terms of our Privacy Policy, which describes how we collect, use and safeguard your personal Information to administer your Services and Site experience. By communicating with us via e-mail or by submitting content, including product information or any other transactional exchange on our Sites or in connection with our Services, you consent to receive e-mail or other electronic communications from us and our Affiliates.

REPRESENTATIONS & WARRANTIES:

Vendor represents and warrants to the best of its knowledge: (i) that it has all necessary right, power and authority to enter into these General Vendor Terms and to fulfill its contractual obligations hereunder; (ii) that the Information that it uploads, posts, e-mails, transmits, or otherwise makes available to us or on our Sites, including without limitation content, trademarks, logos and screenshots, is accurate and free of third party encumbrances; (iii) that it has not breached any third party rights, including without limitation: intellectual property, publicity or privacy, consumer protection, tort and product liability rights; (iv) that it complies with all applicable security standards and is free from any viruses, including without limitation malware or Trojan horses; and (v) that it complies with all applicable laws, statutes, ordinances and regulations.

We represent and warrant to the best of our knowledge: (i) that we have all necessary right, power and authority to enter into these General User Terms and to fulfill our contractual obligations hereunder; (ii) that the provision of the Services will not breach any third party rights, including without limitation, intellectual property, publicity or privacy, consumer protection, tort and product liability rights; and (iii) that the provision of the Services complies with all applicable laws, statutes, ordinances and regulations.

DISCLAIMER:

YOUR USE OF OUR SITES AND SERVICES IS AT YOUR OWN RISK. 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 CONSUILT 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.

FORCE MAJEURE:

Neither party will be liable for any failure or delay of performance under these General Vendor Terms resulting from a force majeure event beyond the reasonable control of a party, including without limitation, natural disasters, acts of God, government regulations, war, terrorism, labor disputes and power failures.

LIMITATION OF LIABILITY:

Neither we nor Vendor will be liable for any consequential, special, indirect, exemplary or punitive damages arising out of or in any way related to these General Vendor Terms or Your use of our 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 breach of the indemnification and confidentiality sections hereunder, or fraud or willful misconduct, each party's aggregate liability to the other for direct damages under these General Vendor 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 in the twelve (12) month period preceding a claim. We expressly disclaim liability for any and all disputes arising between vendors and users of our Sites and Services. By accessing and using our Sites and Services, You release us, our parent company, and Affiliates from any and all liability for any and all claims arising from disputes between vendors and users of our Sites or Services.

INDEMNIFICATION:

Each of us and Vendor (in our 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 a violation of these General Vendor Terms, except to the extent such losses and expenses arise from the negligence or willful misconduct of Indemnitee.

TERMINATION:

Termination by Us:

We reserve the right in our sole discretion, without penalty and at any time without notice, to modify or discontinue (temporarily or permanently) Vendor's access to our Sites and Services, or any part thereof if we believe that Vendor is violating these General Vendor Terms. If Vendor uses or attempts to use our Sites or Services for any purpose that contravenes these General Vendor Terms (including without limitation tampering, hacking, data scraping, modifying or otherwise corrupting the security or functionality of the Services), Vendor may also be subject to civil and criminal liability. The parties acknowledge and agree that the Vendor Account and Product Information (including Product Profile and Product Listing) posted on our Sites are non-cancellable. We create our Vendor Product Listings from publicly available Information to ensure a comprehensive picture of every segment of the software industry.

GOVERNING LAW:

These General Vendor Terms are governed by the laws of the State of Florida except for its conflicts of interest principles. All claims arising out of or relating to these General Vendor Terms will be litigated exclusively in the federal or state courts of Florida and each of That! Company Marketplace and Vendor consents to personal jurisdiction in those courts.

WAIVER & SEVERABILITY:

Our failure to act with respect to a breach will not constitute a waiver and does not waive our right to act with respect to subsequent or similar breaches. If any of these General Vendor Terms shall be deemed invalid, void, or for any reason unenforceable under applicable law, then that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term or provision of these General Vendor Terms.

ENTIRE AGREEMENT:

These General Vendor Terms, along with our General User Terms, our Community Guidelines, our Guidelines for Product Listings, 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. We reserve the right to periodically update these General Vendor Terms and, provided such updates do not materially adversely impact your rights under these terms, your use of our Sites and Services following such posted updates will be deemed an acceptance of such updates.

BY ACCESSING AND USING OUR WEBSITE AND SERVICES, YOU ATTEST THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE LEGALLY BOUND BY THE FOREGOING GENERAL VENDOR TERMS.


Rules


THE BASICS:

Product Listing Creation:

To be a comprehensive resource for software buyers, we include all software product listings that are currently marketed or sold and fit in a category. To provide the most helpful software-buyer experience, Our catalog team will determine whether a product is a logical fit for a category through research on the vendor's website.

We will either create these listings from publicly available Information or work with the software vendor to create and/or update a listing that is accurate and best reflects the product's features.

Criteria for Posting Product Listings on our Sites:

Our aim is to list all B2B software solutions that fit within one or more of our categories. Among the criteria for inclusion are:

  1. It is B2B software - we do not list exclusively B2C products, marketplaces or database websites, personal productivity solutions, product clones and/or personal apps.
  2. It is a packaged (pre-built / off-the-shelf) solution - we do not list custom-made/bespoke software.
  3. It must fit, at Our sole discretion, within one of the existing categories.
  4. It must be publicly available and out of Beta testing.
  5. It must be listed under the product name determined by the vendor - we do not list reseller names, integrators, consultants, or other third parties - unless the vendor expressly authorizes a reseller to list the product on their behalf.

Notwithstanding, we allow authorized resellers to participate in our lead generation programs. However, when the parent company requests lead generation for their product, the parent company will take precedence and the reseller will be disabled.

PLEASE NOTE: 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, site users will be directed to the software vendor directly through their website.

PRODUCT LISTING REMOVAL:

At Vendor Request: In keeping with our goal to be a comprehensive resource for software buyers, we will not remove software product listings that are currently marketed or sold and fit in a category. We will work with the software vendor to update the listing to ensure it is accurate and best reflects the product's features.

If a software vendor is no longer in business and/or the product listed is no longer being sold (clearly reflected on the company website), we will either (i) review and remove the product listing from the catalog; or (ii) keep the listing and indicate that the product is no longer sold or discontinued.

At Our Discretion: We reserve the right to modify or remove a Product Listing and/or Product Profile if, in our sole discretion, the listing or profile fails to comply with these Guidelines. As a rule, we do not remove Vendor Product Listings or Product Profiles unless: (i) the Product Listing or Profile does not fit within at least one of the existing software categories; or (ii) there is evidence to demonstrate that the Vendor's product is no longer actively being marketed and/or sold to the public.

If through the course of ongoing maintenance and review of our catalog, we discover that an existing product listing no longer fits in a category and/or is not a legitimate, packaged B2B software product, it will be reviewed and removed.

PRODUCT LISTING GUIDELINES:

Below are Our Guidelines for written content and image assets. For additional assistance on these Guidelines please contact domains (at) Thatcompany.com .

The Do's:

The Don'ts:

SCREENSHOT AND VIDEO GUIDELINES

At least one screenshot or video is strongly encouraged for your listing. If you submit a screenshot, you grant Us the right to use it in the ordinary course of our business to administer Your Product Listing; and you agree to follow these guidelines:

  1. Ensure screenshots display the software's real user interface
  2. Ensure the video is recorded in English
  3. Ensure the video is about the product
  4. Ensure the video is either a YouTube, Vimeo, or Wistia link
  5. Do not use any stock images or marketing jargon in your screenshots

We reserve the right to make changes to these Guidelines at any time without penalty by posting notice of such change on our Sites. Your use of Our Sites and/or Services after such notice has posted constitutes your acceptance of the updated Guidelines.