Version date March 3, 2018
Except with respect to certain content submitted to the Q Service by Users, all right, title, and interest in and to the materials displayed, published, downloaded, or otherwise provided on or by the Q Website, or otherwise by or through the Q Service, including but not limited to information, documents, logos, graphics, sounds, images, and other content (collectively, the "Materials") are owned by the Company or its respective third party authors, developers, licensors, or vendors.
2. Revisions and Modifications
You agree that the Company shall have the right, but not the obligation, in our sole discretion, and without notice to you of any sort: (a) modify from time to time the design and functionality of the Q Service and all services we offer; (b) edit, modify, or remove certain Materials; (c) reasonably edit, modify, or remove any Events, submission, posting, or content any User provides; or (d) otherwise modify or remove any content, service, feature, or other aspect of the Q Service or the Materials.
3. Limited Permission to Use Materials
Your right to the Materials is limited to displaying the Materials on the Q Service on an end-user web browsing device. None of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted, distributed, or reverse engineered in any way, and nothing in the Q Service or in an Account shall be construed to confer any license, express or implied, in or to any of the Company's intellectual property rights in the Materials or the Q Service, whether by estoppel, course of dealing, or otherwise. Any rights not expressly granted herein are reserved by the Company.
4. Your Submissions
You agree that the Company shall have the right, but not the obligation, to choose the contents displayed in public, community, feedback, and forum features within the Q Service, and that it shall have no obligation to use or display any Events, content, or submission from you, including through use of your Account. You also agree that the Company shall have the right, but not the obligation, to edit, redact, or remove any Events, content, or submission from you.
Do not submit confidential, proprietary, financial, health, or other sensitive personal information, materials, or other content to the Company through the Q Service, or your Account, or otherwise.
All Events, comments, feedback, information, material, or any other content including images of you, submitted to the Q Service, or otherwise to the Company, shall be considered non-confidential and may be used or distributed by the Company for any purpose (including developing the Q Service, or other products or services, or incorporating such content into the Q Service, or other products or services), in its sole discretion, without further compensation to you, unless otherwise expressly agreed by the Company in writing. You acknowledge that the Company may make any Events, comments, feedback, information, material, or any other content including images of you, publicly available, or they may otherwise become publicly available, and you waive all rights associated therewith, including without limitation, any rights of privacy or publicity, and any moral rights you may have.
5. User Activities and Posted Information
Except when otherwise expressly stated by the Company, you agree that the Company has no responsibility for any Events, postings, comments, statements, opinions, or other content, information, or material submitted by Users. Some of the content, information, and material posted or appearing on the Q Service is provided by third parties. User or third-party content, information, or material appearing on the Q Service is not the Company's or its management, and the Company bears no responsibility for the accuracy or content of any such content, information, or material. You expressly release the Company and its officers, directors, employees, and agents from any liability or obligation relating to such User and third-party content, information, or material. The Q Service provides a public forum for the exchange of Events, postings, comments, statements, or opinions regarding Events and related items, and you acknowledge that others' opinions may differ from your own, and that the contents of any such comments, statements, opinions, or assertions shall not give rise to any claim or right against the Company, its sponsors, affiliates, officers, directors, employees, or agents, each of which you expressly hereby waive.
The identity of, or other information pertaining to, Users may be discernible to you or others based upon the comments Users submit to, or their other activities on, the Q Service, and therefore you acknowledge that such comments and activity on your part may result in others knowing your identity or having access to the comments or other materials you submit.
To post Events and utilize certain features of the Q Service you must become an Account Holder by creating an Account. To create an Account, you must complete our registration process by accurately completing one or several registration form(s). You represent and warrant that the information you submit to us is true and accurate. Your failure to submit true and accurate information may result in termination of your Account, and the Company reserves all remedies with respect to any false information submitted to your Account or the Q Service.
When you register an Account and become an Account Holder, you must submit and maintain current and accurate account information, including but not limited to a working email address and/or mobile telephone number (as applicable and as required during registration) that will serve as our primary form of communication with you. We may distribute notices and other important information to members to such email address or mobile telephone number, and you are deemed to have received such notice if sent to the address/mobile number of record for your Account.
Please be sure to keep your Account information, including your login credentials, secret. If you allow a third-party to use your Account, you will be held liable for all use or misuse of your Account under your login credentials.
The Company reserves the right to refuse any person's access to and use of the Q Service or Materials, or any person's creation of an Account, for any reason or no reason. In addition, we reserve the right to terminate any Account for any reason or no reason. Upon termination of your Account, you shall immediately cease to use your Account and the Q Service.
7. Prohibited Use of the Q Service
You may use the Q Service participate in the activities expressly authorized by the Company, and for no other purpose. Prohibited activities include, without limitation: mining for email addresses or other contact information; sending or posting unsolicited marketing or sales solicitations or spam; contacting anyone with whom you do not have a preexisting relationship (other than as participants of the Q Service); imitating or impersonating another person or entity (or misrepresenting your role with any organization); attempting to discern the login credentials of another User; selling or distributing email addresses or other contact information except with the owners' express consent; submitting or posting any unlawful, tortious, harassing, abusive, fraudulent, misleading, infringing, obscene, or otherwise inappropriate (in the Company's discretion) content; distributing malicious technologies such as viruses or adware; perpetrating hoaxes or pyramid schemes; encouraging unlawful or inappropriate behavior; posting the intellectual property owned by another without permission; interfering with another's use or enjoyment of the Q Service, Materials, or Accounts (including "denial of service" attacks against another network host or individual user); or access or use any Company server in any manner that could damage, disable, overburden or impair any server or servers used by Company.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Q Service, Materials, or Accounts in a manner that sends more request messages to the Q Service or Account servers in a given period of time than a human would produce in the same period by using a conventional web browser. The Company allows the operators of bona fide public search engines to use spiders to read materials from the Q Service for the sole purpose of creating publicly available searchable indices of the materials which prominently link back to the Q Service source, but not caches or archives of such materials, nor for redisplay on any website or other publication except a bona fide search engine. The Company reserves the right to revoke these exceptions either generally or in specific cases, depending on the nature of use.
8. Links to Third Party Sites
The Q Service may contain links to websites controlled by parties other than the Company ("Third Party Sites"). The Company is not responsible for the availability of, contents on, charges incurred on, or your other use of, Third Party Sites. The Company provides links to Third Party Sites solely as a convenience to Users, and the inclusion of any link does not imply endorsement by the Company of a Third Party Site. You bear all risks associated with Third Party Sites and the Company is not responsible for any claim, loss or damage relating to or arising out of any Third-Party Site or your use thereof.
9. NO WARRANTY
THE Q SERVICE, ALL MATERIALS PROVIDED THEREON, AND EACH ACCOUNT, ARE PROVIDED ON AN "AS IS," "WHERE IS," AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ALL RISK OF USE OF THE Q SERVICE, ALL MATERIALS PROVIDED THEREON, OR AN ACCOUNT, IS WITH YOU.
THE COMPANY MAKES NO WARRANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY, OR COMPLETENESS OF THE Q SERVICE, THE MATERIALS, OR YOUR ACCOUNT. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT: (A) THE Q SERVICE, THE MATERIALS, OR YOUR ACCOUNT, WILL MEET YOUR REQUIREMENTS; (B) THE Q SERVICE THE MATERIALS, OR YOUR ACCOUNT, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS OR FROM ALL AREAS OR JURISDICTIONS; (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE; (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE Q SERVICE, THE MATERIALS, OR YOUR ACCOUNT, WILL BE ACCURATE OR RELIABLE; (E) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED OR PURCHASED BY YOU THROUGH THE Q SERVICE, OR IN RELIANCE ON THE MATERIALS, OR IN CONNECTION WITH YOUR USE OF YOUR ACCOUNT, WILL MEET YOUR EXPECTATIONS; (F) ERRORS OR DEFECTS WILL BE CORRECTED; OR (G) THE Q SERVICE, THE MATERIALS, OR YOUR ACCOUNT, OR THE SERVER(S) THAT MAKE THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY MATERIALS OBTAINED THROUGH THE USE OF THE Q SERVICE OR YOUR ACCOUNT IS AT YOUR OWN DISCRETION AND RISK. THE COMPANY SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE DEVICE (OR OTHER BROWSING DEVICE, OR ANY OTHER DEVICE CONNECTED THERTO) OR LOSS OF DATA.
10. LIMITATION OF LIABILITY
EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT DAMAGES, COVER DAMAGES, REFUNDS, OR THE COST OF SUBSTITUTE SERVICES. IN NO EVENT SHALL THE COMPANY, ITS MEMBERS, SHAREHOLDERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES AND REGARDLESS OF LEGAL THEORY (WHETHER CONTRACT, TORT, PROPERTY, OR OTHERWISE), OR ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE Q SERVICE, THE MATERIALS, OR YOUR ACCOUNT, EVEN IF THE COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
THE ABOVE LIMITATIONS ARE MATERIAL AND OF THE ESSENCE WITH RESPECT TO THE COMPANY'S MAKING THE Q SERVICE, THE MATERIALS, AND YOUR ACCOUNT, AVAILABLE TO YOU AND IN DETERMINING THE PRICING THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
12. Compliance with Laws
You shall comply with all applicable laws, rules, and regulations (including laws relating to patent, copyright, trademark, or trade secrets). You may not access, download, use or export the Q Service, Materials, or Account, in violation of United States Federal or state laws or regulations, or in violation of any other applicable laws or regulations.
Minors are not eligible to use the Q Service, Materials, or an Account, and we ask that they do not submit any personal information to us.
14. Governing Law; Venue; Other Terms
16. Intellectual Property Notices
Copyright © 2018, PIKAIA DIGITAL, LLC. ALL RIGHTS RESERVED.
The Company’s name, the brand Q, and all icons, logos, trade dress, and other trademarks, service marks, or similar property are owned by Pikaia Digital, LLC, its licensors, or their respective property owners.