4GQR Ventures LLC Terms of Service
Updated October 1, 2014
This agreement contains the terms and conditions (the "Terms of Service") under which 4GQR Ventures LLC ("4GQR", "we" or "us") offers you (the "user" or "you"), access to its website (the "Site") and 4GQR Ventures LLC's Services (as defined below and referred to herein as '4GQR Services'). Among other things, these Terms of Service describe the user's responsibilities and limit 4GQR's liability. Before using any of the Services, please read these Terms of Service carefully.
1. USER ACCEPTANCE
By using the Services and/or visiting the Site, you agree to be legally bound and to abide by the Terms of Service. If you do not agree to the Terms of Service, you must not use the Site or the Services.
2. CHANGES TO TERMS OF SERVICE
4GQR reserves the right, in its sole discretion, to amend these Terms of Service at any time upon posting the amended terms on the Site, or upon providing notice thereof by electronic or conventional mail or any other reasonable means. The amended terms shall automatically be effective. You should visit this page from time-to-time to review the then-current terms, because they are binding to you. Your continued use of the Site and the Services following 4GQR's posting of any changes will constitute your acceptance of such changes.
3. 4GQR SERVICES
4GQR's Services, which are available via the Site, help you create personalized QR codes and direct internet traffic to your selected destinations (the "Services").
These Terms of Service apply to any user of the Site and Services, regardless of whether or not the user submits content for public display on the Site. The Site may also contain links to third party websites that are not owned or controlled by 4GQR. 4GQR has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. 4GQR will not censor or edit the content of any third-party websites. By using the Site, you expressly relieve 4GQR from any and all liability arising from your use of any third-party website.
You must be 18 or over, or the legal age to form a binding contract in your jurisdiction if that age is over 18 years of age, to register as a 4GQR member or to use the Site and Services.
The Site and Services are administered in the United States and are intended for US users. Any use outside of the United States is at the user's own risk and international users are responsible for compliance with local laws.
To create a user profile on the Site and to submit content, you are required to register as a 4GQR member. If you register, you are required to provide accurate and up to date information including an email address ("User ID") and password that you control. You may not use a false name or User ID with the intent of impersonating another person. You may receive confirmation and thank you emails associated with your membership. 4GQR reserves the right to cancel your membership at its discretion.
6. RIGHTS TO USE
Subject to the Restrictions on Rights to Use in these Terms of Service, 4GQR hereby grants you permission to use the Site and Services, provided that
(i) you will not copy or distribute any part of the Site without 4GQR's written permission,
(ii) you will not alter or modify any parts of the Site, and
7. RESTRICTIONS ON RIGHTS TO USE
You are solely responsible for any and all activity that occurs on your account and you must keep your password secure. Furthermore, you shall not:
(i) modify, translate or reverse engineer any portion of the Site or Services;
(ii) launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Site in a manner that sends more request messages to the 4GQR servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser;
(iii) collect or harvest any personally identifiable information, including member names and User IDs, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes;
(iv) solicit, for commercial purposes, any users of the Site with respect to their User Submissions (as defined below);
(v) create user accounts by automated means or under false or fraudulent pretenses;
(vi) transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
(vii) use the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene; or
(viii) use any device, software or routine that interferes with the proper working of the Site and/or Services.
8. INTELLECTUAL PROPERTY RIGHTS OF 4GQR AND ITS PARTNERS
The content on the Site, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to 4GQR, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Site is provided to you AS IS for your personal use. 4GQR reserves all rights not expressly granted in and to the Site and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein.
9. DISCLAIMER OF WARRANTIES
4GQR VENTURES LLC'S SITES AND SERVICES AND ALL PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. 4GQR VENTURES LLC MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:
(i) 4GQR VENTURES LLC MAKES NO WARRANTIES, AND EXPRESSLY DISCLAIMS, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT;
(ii) 4GQR VENTURES LLC MAKES NO WARRANTIES THAT ITS SITE OR SERVICES, OR THE SERVICES AVAILABLE THROUGH THE SITE, WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OPERATE WITHOUT ERROR OR BE FREE OF SOFTWARE ERRORS OR COMPUTER VIRUSES. NOR DOES 4GQR VENTURES LLC MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICE;
(iii) 4GQR VENTURES LLC EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND
(v) 4GQR VENTURES LLC EXPRESSLY DISCLAIMS ANY OBLIGATION, LIABILITY OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM ANY NEGLIGENCE OF 4GQR VENTURES LLC.
Some states, to the extent their law might be deemed to apply, might not allow the limitation of liability, so the foregoing limitations might not apply to you.
10. LIMITATION OF LIABILITY AND REMEDIES
UNDER NO CIRCUMSTANCES WILL 4GQR VENTURES LLC OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF, IN CONNECTION WITH OR RESULTING FROM THESE TERMS OF SERVICE OR 4GQR VENTURES LLC SITEs OR SERVICES, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE. IN ANY CASE, 4GQR VENTURES LLC'S LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED AND MAY NOT EXCEED THE AMOUNT CHARGED IN CONNECTION WITH A PARTICULAR TRANSACTION GIVING RISE TO LIABILITY OR, IF THE CLAIM DOES NOT RELATE TO A SPECIFIC TRANSACTION, ONE HUNDRED U.S. DOLLARS ($100.00).
Some states, to the extent their law might be deemed to apply, might not allow the limitation of liability, so the foregoing limitations might not apply to you.
You agree to indemnify and hold 4GQR Ventures LLC, and its affiliates, directors, officers, employees and representatives, harmless from and against any loss, cost, claim, damages, liability and expense, including reasonable attorneys' fees, and further including any injuries to third parties arising out of or relating to
(i) your breach of these Terms of Service,
(ii) any fraud, manipulation, deception or misrepresentation by you,
(iii) any wrongdoing, willful misconduct or negligence on your part with respect to your use of the Site or Services, and
(iv) any violation of applicable Federal or state laws or regulations.
4GQR Ventures LLC may, in its sole discretion, terminate these Terms of Service and your use or access to the Site and/or its Services immediately and without notice for any reason.
14. GENERAL INFORMATION
(a) Governing Law. These Terms of Service, and all aspects of the relationship and dealings between you and 4GQR Ventures LLC, shall be governed by the laws of the state of Texas without regard to its conflict of law provisions
(b) Jurisdiction. Any lawsuit that arises between you and 4GQR in connection with or related to these Terms of Service, the Site or the Services shall be brought exclusively in either the state or Federal courts in the city and county of Houston in the state of Texas. You and 4GQR Ventures LLC expressly consent to the exclusive personal jurisdiction of such courts.
(d) Section Headings. The section titles of these terms of service are for convenience only and have no legal or contractual effect.
(e) No Agency. You and 4GQR Ventures LLC are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms of Service.
(f) Assignment. You may not assign these Terms of Service or any of your rights hereunder to a third person without first obtaining our express written consent.
15. PROPRIETARY RIGHTS OF 4GQR VENTURES LLC
You acknowledge and agree that any Content, including but not limited to text, data, photos, graphics, etc. or other material contained or distributed on or through the Site, by 4GQR Ventures LLC, its advertisers or other third parties, is protected by trademarks, service marks, patents, copyrights, or other proprietary rights and laws. You may not use or distribute any Content received through the Site without the authorization of 4GQR Ventures LLC or the Content owner. You agree not to publish, reproduce, copy, in whole or in part, nor upload, download, post, email, sell, or otherwise distribute Content available through the Site, in violation of applicable copyright and other intellectual property laws.
You retain all ownership rights to your Content submitted to the Site. By submitting Content to 4GQR Ventures LLC, you grant 4GQR Ventures LLC a nonexclusive, worldwide, transferable license to use, copy, reproduce, modify, publicly display, and distribute your Content.
You acknowledge and agree that the Site and any software provided to you or used in connection with the Site, including, for example and without limitation, any API's or other scripts ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws.
Subject to your compliance with the terms and conditions of this Agreement and any additional terms provided in a separate applicable agreement, 4GQR Ventures LLC grants you a non-exclusive, non-transferable, non-sublicenseable license to use the Software solely as necessary to use this Site and provided that you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Software, in whole or in part.
4GQR Ventures LLC grants you a non-exclusive, revocable and limited license to use the Content and 4GQR Ventures LLC's tools, images, product photographs for the purposes of promoting the site in the condition that you provide appropriate attribution and a link to the 4GQR Ventures LLC website. We reserve the right to terminate this license at any time.
The intellectual property rights in or relating to the content of any notes, messages, e-mails, postings, letters, ideas, suggestions, concepts or other written materials which you submit or communicate to 4GQR Ventures LLC (excluding the Content you submit) will automatically be deemed to be assigned, granted and transferred by you to 4GQR Ventures LLC upon their submission or communication to 4GQR Ventures LLC, and you do assign all rights therein to 4GQR Ventures LLC and agree that the same will automatically become the property of 4GQR Ventures LLC and that 4GQR Ventures LLC may use, exploit, copy, publish, implement, transfer and in all other ways deal with such materials and all of the intellectual property rights therein in any way and for any purpose 4GQR Ventures LLC may elect, forever.
In using this Site, you agree to not:
- upload, download, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, profane, indecent, inflammatory, libelous, tortious, hateful, racially, ethnically, socially, politically, legally, morally, religiously objectionable or otherwise objectionable, or invasive of another's rights including but not limited to rights of celebrity, privacy and intellectual property.
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- upload, download, post, email or otherwise transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. As a guideline, you may contribute only original work that you have created yourself from original elements. This means you can't use images of celebrities or corporate products, nor images, text, or designs that you've copied from a website without written permission from the owner. You cannot create a "new" image using elements from images other people have created. You cannot contribute a quote or a slogan that is substantially the same as something already written by someone else. By uploading any Content, you represent and warrant that you have the lawful right to reproduce and distribute such Content and that the Content complies with all applicable Federal, state and local laws, regulations and ordinances;
- upload, download, post, email or otherwise transmit any Content that would constitute or encourage a criminal offense, illegal activity, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
- use the Service to harm minors in any way, including, but not limited to, uploading Content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
- upload Content that may be seen as condoning or encouraging unsafe practices that would result in the physical, mental or moral harm of children;
- upload, download, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation;
- upload, download, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- upload, download, post, email or otherwise transmit false or misleading information;
- disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked websites;
- access, tamper with or use non-public areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution;
- disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked websites;
- frame the Site within another Site or webpage or link to the Site except as permitted in writing by 4GQR Ventures LLC;
- incorporate images or names that would violate a person's right of privacy or publicity; or
- incorporate a current or former leader, politician, religious figure or other famous person's name or likeness;
- use a manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Service;
- transfer your 4GQR Ventures LLC account to another party without 4GQR Ventures LLC's written consent;
- copy, modify or distribute rights or Content from the Site, service or tools or 4GQR Ventures LLC's copyrights and trademarks; or
- harvest or otherwise collect information about users, including email addresses, without their consent.
You acknowledge that 4GQR Ventures LLC does not pre-screen submitted Content, but that 4GQR Ventures LLC and its designees shall have the right (but not the obligation) in their sole discretion to reject or remove any Content that is available via the Site. Upon placing your order, you acknowledge that 4GQR Ventures LLC may review your order, and the Content it contains, for adherence to our guidelines and compliance with the terms and conditions set forth in this Agreement. 4GQR Ventures LLC does not endorse any Content submitted to the Site by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and 4GQR Ventures LLC expressly disclaims any and all liability in connection with Content. Without limiting the foregoing, 4GQR Ventures LLC and its designees shall have the right to remove, without prior notice, any Content that violates the Agreement or is otherwise objectionable to 4GQR Ventures LLC. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You acknowledge and agree that you are responsible for the creation and compilation of your Content, and that neither 4GQR Ventures LLC nor any other party involved with the production of any product incorporating such Content assumes that responsibility. 4GQR Ventures LLC's production of any product depicting your Content does not indicate that 4GQR Ventures LLC approves of the Content, that the Content obeys all applicable laws, or that you are absolved of any liability or harm arising from the use of the Content.
You agree that you are responsible for actions and communications undertaken under your account. 4GQR Ventures LLC takes no responsibility and assumes no liability for any Content uploaded or otherwise transmitted by or to you or by or to any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, infringement, obscenity, pornography or profanity you or a third party may encounter. You agree to waive any claims against 4GQR Ventures LLC and its affiliates, contractors, agents and employees for losses, damages and injuries which are based on or relate to communications, Content or materials on the Site. You agree to indemnify 4GQR Ventures LLC and its affiliates from all claims and expenses, including reasonable attorney's fees, which claims are based on or arise from your violation of any of the provisions of this Agreement.
17. INTELLECTUAL PROPERTY RIGHTS OF OTHERS
4GQR Ventures LLC respects the intellectual property rights of others. We ask our users to do the same. 4GQR Ventures LLC may terminate the accounts of users who infringe, or may infringe, the copyright or other intellectual property rights of others. If you believe that your Content has been copied in a way that constitutes copyright and/or trademark infringement, please notify 4GQR Ventures LLC's Copyright Agent, and provide the following information ("Notice"):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright/trademark interest;
- a description of the copyrighted work and/or trademark claimed to have been infringed;
- a description of where the claimed infringing Content is located on our Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright/trademark owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are authorized to act on behalf of the owner of the copyright/trademark interest involved.
Please note that this procedure is exclusively for notifying 4GQR Ventures LLC that your trademark or copyrighted material has been infringed.
4GQR Ventures LLC's Copyright Agent can be reached at: contentagent@PhotoQR.com.
YOU REPRESENT AND WARRANT THAT YOU ARE THE OWNER OF THE CONTENT WHICH YOU SUBMIT AND THAT THE CONTENT DOES NOT INFRINGE UPON THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS (COPYRIGHTS AND TRADEMARKS) OR OTHER RIGHTS OF OTHERS. YOU ALSO REPRESENT THAT THERE ARE NO OUTSTANDING DISPUTES IN CONNECTION WITH THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS IN THE CONTENT OR ANY PARTS OF THE CONTENT. YOU HEREBY REPRESENT AND WARRANT TO US THAT THIS AGREEMENT HAS BEEN DULY AND VALIDLY EXECUTED AND DELIVERED BY YOU AND CONSTITUTES YOUR LEGAL, VALID AND BINDING OBLIGATION, ENFORCEABLE AGAINST YOU IN ACCORDANCE WITH ITS TERMS; AND THAT THE EXECUTION, DELIVERY AND PERFORMANCE BY YOU OF THIS AGREEMENT ARE WITHIN YOUR LEGAL CAPACITY AND POWER; HAVE BEEN DULY AUTHORIZED BY ALL REQUISITE ACTION ON YOUR PART; REQUIRE THE APPROVAL OR CONSENT OF NO OTHER PERSONS; AND NEITHER VIOLATE NOR CONSTITUTE A DEFAULT UNDER THE (I) PROVISION OF ANY LAW, RULE, REGULATION, ORDER, JUDGMENT OR DECREE TO WHICH YOU ARE SUBJECT OR WHICH IS BINDING UPON YOU, OR (II) THE TERMS OF ANY OTHER AGREEMENT, DOCUMENT OR INSTRUMENT APPLICABLE TO YOU OR BINDING UPON YOU.
19. FEES, PAYMENT AND TERM
As consideration for the services you have selected, you agree to pay 4GQR Ventures LLC Ventures the applicable service(s) fees. All fees payable hereunder are non-refundable unless we provide otherwise. As further consideration for the Services, you agree to: (1) provide certain current, complete and accurate information about you as required by the registration process and (2) maintain and update this information as needed to keep it current, complete and accurate. All such information shall be referred to as account information ("Account Information").
The fees for all QR code creation related services offered by 4GQR Ventures LLC is variable and dependent on the services you choose. The price for QR codes downloads, scans and renewals is displayed during the registration, download and renewal process. Our scan roll over program wherein we extend an additional year of service for scans purchased for your account is a limited time offer and may be revoked at any time by us without notice. Should 4GQR Ventures LLC price ever increase for any of our products and services, you will be notified at least 30 days prior via email. We reserve the right to change and modify any of the pricing related to any of our products and services by providing 30 days' notice.
You hereby grant us the right to disclose to third parties such Account Information. The Registrant, by completing and submitting the QR code account information represents that the statements in the account setup process and application for an account are true and that the registration of the selected QR code(s), so far as the Registrant is aware, does not interfere with or infringe upon the rights of any third party. The Registrant also represents that the QR code is not being registered for any unlawful purpose. Willful provision of inaccurate or unreliable account Information, willful failure to promptly update account Information provided to 4GQR Ventures LLC upon its change, or failure to respond for over fifteen (15) calendar days to inquiries by 4GQR Ventures LLC concerning the accuracy of any QR code and QR code account information is a basis for cancellation of the registration and routing of QR codes to any destination.
You agree to defend, indemnify and hold 4GQR Ventures LLC and 4GQR Ventures LLC's officers, directors, employees, agents and licensors harmless from all judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney's fees, expert witness fees, and costs of litigation arising out of or based on (a) Content you submit, post to or transmit through the Site, (b) your use of the Site, (c) your connection to the Site, (d) your violation of the Agreement or (e) your violation of any rights of a third party.
21. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE, SHALL 4GQR VENTURES LLC OR ITS PARENTS, SUBSIDIARIES, OFFICERS, EMPLOYEES, AFFILIATES, DIRECTORS, AGENTS, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING 4GQR VENTURES LLC OR RELATED SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF 4GQR VENTURES LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(A) THE USE OR INABILITY TO USE THE SITE;
(B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE;
(C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR
(E) ANY OTHER MATTER RELATING TO THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
YOU SPECIFICALLY ACKNOWLEDGE THAT 4GQR VENTURES LLC SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.