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Terms and Conditions of Use
TERMS AND CONDITIONS USE This Statement of Rights and Responsibilities ("Statement") governs our relationship with users and others who interact with Quad Connect. By using or accessing Quad Connect, you agree to this Statement. 1. Sharing Your Content and Information Quad Connect owns all of the content and information you post on Quad Connect, and you can control how it is shared through your privacy and application settings. In addition: 1. For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Quad Connect ("IP License"). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it. 2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others). 3. When you add an application, your content and information is shared with the application. We require applications to respect your privacy settings, but your agreement with that application will control how the application can use the content and information you share. 4. When you publish content or information using the "everyone" setting, it means that everyone, including people off of Quad Connect, will have access to that information and we may not have control over what they do with it. 5. We always appreciate your feedback or other suggestions about Quad Connect, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them). 6. All provided feedback through the feedback mechanism on quadconnect.com is the exclusive property of Quad Connect. 2. Safety We do our best to keep Quad Connect safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments: 1. You will not send or otherwise post unauthorized commercial communications (such as spam) on Quad Connect. 2. You will not collect users' content or information, or otherwise access Quad Connect, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission. 3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Quad Connect. 4. You will not upload viruses or other malicious code. 5. You will not solicit login information or access an account belonging to someone else. 6. You will not bully, intimidate, or harass any user. 7. You will not post content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence. 8. You will not develop or operate a third party application containing, or advertise or otherwise market alcohol-related or other mature content without appropriate age-based restrictions. 9. You will not offer any contest, giveaway, or sweepstakes ("promotion") on Quad Connect without our prior written consent. If we consent, you take full responsibility for the promotion, and will follow our Promotions Guidelines and all applicable laws. 10. You will not use Quad Connect to do anything unlawful, misleading, malicious, or discriminatory. 11. You will not do anything that could disable, overburden, or impair the proper working of Quad Connect, such as a denial of service attack. 12. You will not facilitate or encourage any violations of this Statement. 13. Quad Connect is not responsible for any safety violations, slanders or physical harm that may or may not be linked to activity on quadconnect.com 14. 3. Registration and Account Security Quad Connect users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account: 1. You will not provide any false personal information on Quad Connect, or create an account for anyone other than yourself without permission. 2. You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser). 3. You will not use Quad Connect if you are under 13. 4. You will not use Quad Connect if you are a convicted sex offender. 5. You will keep your contact information accurate and up-to-date. 6. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account. 7. You will not transfer your account to anyone without first getting our written permission. 8. If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name). 4. Protecting Other People's Rights We respect other people's rights, and expect you to do the same. 1. You will not post content or take any action on Quad Connect that infringes or violates someone else's rights or otherwise violates the law. 2. We can remove any content or information you post on Quad Connect if we believe that it violates this Statement. 3. If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal. 4. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate. 5. You will not use our copyrights or trademarks or any confusingly similar marks, without our written permission. 6. If you collect information from users, you will: obtain their consent, make it clear you (and not Quad Connect) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it. 7. You will not post anyone's identification documents or sensitive financial information on Quad Connect. 5. Mobile 1. We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging fees, will still apply. 2. In the event you change or deactivate your mobile telephone number, you will update your account information on Quad Connect within 48 hours to ensure that your messages are not sent to the person who acquires your old number. 6. Payments If you make a payment on Quad Connect or use Quad Connect Credits, you agree to our Payments Terms. 7. Special Provisions Applicable to Share Links If you include our Share Link button on your website, the following additional terms apply to you: 1. We give you permission to use Quad Connect's Share Link button so that users can post links or content from your website on Quad Connect. 2. You give us permission to use such links and content on Quad Connect. 3. You will not place a Share Link button on any page containing content that would violate this Statement if posted on Quad Connect. 8. About Advertisements on Quad Connect Our goal is to deliver ads that are not only valuable to advertisers, but also valuable to you. In order to do that, you agree to the following: 1. You can use your privacy settings to limit how your name and profile picture may be associated with commercial or sponsored content served by us. You give us permission to use your name and profile picture in connection with that content, subject to the limits you place. 2. We do not give your content or information to advertisers without your consent. 3. You understand that we may not always identify paid services and communications as such. 9. Amendments 1. We can change this Statement if we provide you notice (by posting the change on quadconnect.com 2. We can make changes for legal or administrative reasons upon notice without opportunity to comment. 10. Termination If you violate the letter or spirit of this Statement, or otherwise create possible legal exposure for us, we can stop providing all or part of Quad Connect to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. 11. Disputes 1. You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Statement or Quad Connect exclusively in a state or federal court located in the state of Missouri. The laws of the State of Missouri will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in the state of Missouri for the purpose of litigating all such claims. 2. If anyone brings a claim against us related to your actions, content or information on Quad Connect, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. 3. WE TRY TO KEEP QUAD CONNECT UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING QUAD CONNECT "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT QUAD CONNECT WILL BE SAFE OR SECURE. QUAD CONNECT IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE ยง1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR QUAD CONNECT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR QUAD CONNECT WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, QUAD CONNECT'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. 12. Definitions 1. By "Quad Connect" we mean the features and services we make available, including through (a) our website at quadconnect.com and any other Quad Connect branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; and (c) other media, software (such as a toolbar), devices, or networks now existing or later developed. 2. By "us," "we" and "our" we mean Quad Connect, LLC, 3. By "information" we mean facts and other information about you, including actions you take. 4. By "content" we mean anything you post on Quad Connect that would not be included in the definition of "information." 5. By "data" we mean content and information that third parties can retrieve from Quad Connect or provide to Quad Connect. 6. By "post" we mean post on Quad Connect or otherwise make available to us (such as by using an application). 7. By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of. 8. By "active registered user" we mean a user who has logged into Quad Connect at least once in the previous 30 days. 9. By "application" we mean any application or website (including Connect sites) that uses or accesses Platform, as well as anything else that receives data. 13. Other 1. This Statement makes up the entire agreement between the parties regarding Quad Connect, and supersedes any prior agreements. 2. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect. 3. If we fail to enforce any of this Statement, it will not be considered a waiver. 4. Any amendment to or waiver of this Statement must be made in writing and signed by us. 5. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent. 6. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. 7. Nothing in this Statement shall prevent us from complying with the law. 8. This Statement does not confer any third party beneficiary rights.
