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QRKIEZ Terms of Use

Effective Date: December 5, 2024

Qrkiez Privacy Policy

These Terms of Use (“Terms”) govern your (the “User” or “you”) access and use of the Qrkiez App service through the website and mobile services provided by QRKIEZ, Inc. (“Qrkiez”, “we”, “us”, and “our”). These Terms apply to all visitors and registered users accessing and using the Qrkiez website and mobile application (together, the “Qrkiez App”). You must read, understand, and agree to these Terms before using the Qrkiez App. Accessing and using the Qrkiez App constitutes your agreement to and compliance with these Terms. Therefore, please read these Terms carefully. You may access the Qrkiez App only after you have read and agreed to these Terms.

*** The Qrkiez app is not designed for medical purposes.  Please consult your doctor or other qualified professional for medical questions and do not rely on information or advice you received through the Qrkiez App. ***  

1. General Terms

1.1. You are responsible for your use of the Qrkiez App and for any content (including but not limited to information, text, graphics, photos, images, videos, links, or other materials, collectively referred to as “Content”) that you post, as well as for any resulting consequences. The Content you submit, post, or display may be viewed by other users who have the right to access the Qrkiez App. You should only provide Content that you are comfortable sharing with others under these Terms. By using the Qrkiez App or posting Content, you agree to comply with these Terms. 

1.2. If you are under the age of 18, you may not use the Qrkiez App. If you are over 18 but under the age of majority in your jurisdiction, you may use the Qrkiez App only with the prior consent of a parent or legal guardian. By signing up for the Qrkiez App, you represent and warrant the following to Qrkiez: 1) You have the legal capacity to enter into and perform a binding contract with Qrkiez; 2) You are an individual not prohibited from receiving the Qrkiez App under the laws of the United States or any other applicable jurisdiction; and 3) You will comply with these Terms and all applicable laws and regulations.

1.3. The Qrkiez App may include advertisements targeted based on content on the Qrkiez App, inquiries made through the Qrkiez App, and other information. The type and extent of advertising on the Qrkiez App are subject to change. In consideration for Qrkiez granting you access to and use of the Qrkiez App, you agree that Qrkiez, its third-party providers, and partners may place such advertising on the Qrkiez App or in connection with the display of Content or information from the Qrkiez App, whether submitted by you or others.

1.4. User Generated Channels (“UGCs”) are channels that users can directly create, operate, and manage according to their desired topics. The Moderators (“Moderators”), as the representative of the channels, are responsible for the safe and efficient creation, operation, and management.  Any UGC may be deleted.  Moderators are determined by Qrkiez in its sole discretion.

1.5. Qrkiez grants you a personal, non-commercial, royalty-free, worldwide, non-assignable and non-exclusive license to use the software provided by Qrkiez as part of the Qrkiez App. This license is for the sole purpose of enabling you to use and enjoy the Qrkiez App provided by Qrkiez, in the manner permitted by these Terms. Your license to use the Qrkiez App is revocable and Qrkiez may limit or terminate your rights to use the Qrkiez App at any time.

1.6. Account Information: You must create an account with us to use the Qrkiez App. You are responsible for keeping your login information secure and for all activities that occur under your account. You are responsible for protecting the password you use to access the Qrkiez App and for any activities or actions under your password. We recommend using a “strong” password (a combination of upper and lower case letters, numbers, and symbols). Qrkiez cannot and will not be liable for any loss or damage arising from your failure to comply with the above.

1.7. All information you provide to Qrkiez is subject to our Privacy Policy, and the collection and use of your information by Qrkiez will be subject to the same policy. By using the Qrkiez App, you acknowledge and agree that Qrkiez’s collection and use of your information, as defined in our Privacy Policy, includes the potential for storing, processing, and transferring this information to the United States and/or other countries for the purposes of providing the Qrkiez App to you.

2. User Posted Content

2.1. Ownership and License: You retain all rights and ownership in the Content you post, but you grant us a worldwide, unrestricted, irrevocable, perpetual, non-exclusive, fully-paid, and royalty-free license for Qrkiez to sell, reproduce, copy, modify, publish, translate, transmit, perform, display, create derivative works of, adapt, distribute, and otherwise use your Content, in any manner or media that is currently known or later developed, throughout the world, for any purpose, and to sublicense the Content through unlimited levels of sublicenses.   You agree that this license includes the right for us to provide, promote, and improve the Qrkiez App, and to make Content submitted to or through the Qrkiez App available to other companies, organizations, or individuals for the distribution, promotion, or publication of such Content on other media and services, subject to our terms and conditions for such Content use. You also agree that other users may view, use and share User Posted Content through features we expressly provide (e.g., embed-sharing feature). Unless otherwise required by applicable law, any Content that is shared outside of the Qrkiez App will only include your user name or your first name and last initial.  No compensation will be paid with respect to Content that you submit through the Qrkiez App. To the greatest extent permitted by applicable law, you hereby waive any and all of your moral rights applicable to our exercise of the foregoing license. You should only submit Content to the Qrkiez App that you are comfortable sharing with others under these Terms.

2.2. Use: Any use or reliance by you on any Content or materials posted via the Qrkiez App or services learned about through the Qrkiez App are at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Qrkiez App or endorse any opinions expressed via the Qrkiez App. You understand that by using the Qrkiez App, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Qrkiez be liable in any way for any Content, including, but not limited to, 1) any errors or omissions in any Content, 2) any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Qrkiez App or broadcast elsewhere; or 3) any loss or damage of any kind incurred using any services learned about in the Content or Qrkiez App.

2.3. Permissions and Restrictions on Use of the Qrkiez App and Content: We reserve the right to hide Content, restrict the use of the Qrkiez App, or restrict the use of certain usernames, but are not obligated to monitor Content. We may grant part of these rights to other Users or Moderators.

2.4. In the event you have any claims regarding an alleged or potential violation of your rights to your Content, you may contact us at contact@Qrkiez.com. The process of addressing your violations may differ depending on laws applicable to your use of the Qrkiez App.

3. Prohibitions; Acceptable Use

3.1. The Qrkiez App is a supportive community. We have no tolerance for objectionable content or abusive users.  Users who engage in the following actions may be restricted from using the Qrkiez App according to these Terms:

  • Trading accounts, whether for payment or for free.
  • Signing up or accessing the Qrkiez App in ways not permitted by us.
  • Defaming, threatening, or harassing specific individuals, or violating legal rights such as privacy or intellectual property rights of other individuals, groups or entities.
  • Posting Content that contradicts Qrkiez’s public image, goodwill, or reputation.
  • Posting Content, signing up, or engaging in any activities that are contrary to the intended purpose of the Qrkiez App.  This includes, but is not limited to posting Content that is illegal, discriminatory, deceptive, malicious, offensive, pornographic, harmful or otherwise inappropriate for the Qrkiez App. 
  • Posting Content that contains medical advice.
  • Crawling, scraping, data mining, data extracting, duplicating, copying, selling, or reselling any part or all of the Qrkiez App or Content, whether through automated or manual means, without explicit permission from Qrkiez.
  • Sending the same or similar messages to specific or unspecified numbers of users, or any activity deemed as spam by us.
  • Selling, purchasing, trading, or promoting any goods or services in any channels other than the channels that are explicitly open for transaction or promotion by Qrkiez.
  • Using the Qrkiez App for illegal or regulated activities or to support illegal or regulated activities, including selling, purchasing or trading illegal or regulated goods or services.
  • Illegally collecting, disclosing, or providing personal information, registration information, or usage history of others.
  • Actions that disrupt the Qrkiez App’s servers and/or network systems, using bots, cheating tools, or other technical means to manipulate the Qrkiez App.
  • Interfering with or disrupting the operation of the Qrkiez App or other users’ use of the Qrkiez App.
  • Reverse engineering, duplicating, decompiling, disassembling, or decoding the Qrkiez App (including all underlying ideas or algorithms) or extracting source code from the Qrkiez App’s software.
  • Attempting, aiding, or inciting any of the aforementioned actions.
  • Any other actions similar to those listed above.

4. Qrkiez Pro

4.1. The Qrkiez App may be used to connect you with Qrkiez Pros who provide services outside of the Qrkiez App. Qrkiez Pros are independent providers who not employees, agents, or representatives. The Qrkiez App’s role is limited to connecting Users seeking services with Qrkiez Pros. Users shall not access, use, or provide Qrkiez Pro services on the Qrkiez App, including conducting any introductory discussions regarding providing a service.

4.2. The Qrkiez Pros themselves are responsible for the performance of the Qrkiez Pro services. If you feel the Qrkiez Pro services provided by the Qrkiez Pro do not fit your needs or expectations, you may cease using them at any time. All services provided by the Qrkiez Pro are subject to the Qrkiez Pro’s policies or terms and conditions.

4.3. Any information you share with a Qrkiez Pro shall be outside of the Qrkiez App.

5. Qrkiez Rights

5.1.  All rights, title, and interest in and to the Qrkiez App (excluding Content) are and will remain the exclusive property of Qrkiez.  Nothing in these Terms grants you the right to use Qrkiez’s name, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you provide about Qrkiez or the Qrkiez App are entirely voluntary, and we may use such feedback, comments, or suggestions without any obligation to you.

5.2.  We will treat your Content as confidential information and only use and disclose it in accordance with these Terms and our Privacy Policy.  However, your Content is not regarded as confidential information if such Content: (a) is or becomes public (other than through breach of these Terms by us); (b) was lawfully known to us before receiving it from you; (c) is received by us from a third party without knowledge of breach of any obligation owed to you; or (d) was independently developed by us without reference to your Content. We may disclose your Content when required by law or legal process.

6. UGCs and Moderators Responsibilities

6.1. UGCs and Moderators are required to comply with Qrkiez’s established policies and applicable laws. Should these terms be violated, we reserve the right to take appropriate measures, which may include the removal of the UGCs in cases of persistent or severe violations. We may revoke or limit a Moderators’ capabilities at any time, for any reason or no reason at all, particularly if there is a breach of these Terms. Although we are not liable for actions taken by Moderators, we retain the right, at our sole discretion, to overturn any actions or decisions made by Moderators if they are deemed contrary to the interests of Qrkiez or Qrkiez community.

6.2. Moderators must enforce these Terms diligently. This includes removing Content that breaches our policies and reporting any such violations within our community.

6.3. Nothing in these Terms is intended or deemed to constitute the Moderators as partners, joint venturers, or agents of Qrkiez. Moderators may not represent that you are authorized to act on behalf of Qrkiez, nor enter into any agreement with a third party on behalf of Qrkiez, or any UGCs that you moderate, without our written approval.

6.4. Moderators may not solicit or accept any form of compensation, consideration, gifts, or favors from third parties in exchange for performing moderation actions.

6.5. Moderators who access non-public information through their moderation activities must use such information solely for purposes related to their duties as moderators.

6.6. Moderators may establish and enforce their own rules within the UGCs they manage, provided that these rules do not conflict with our Terms or Privacy Policy.

7. Copyright Policy

7.1.  Qrkiez respects the intellectual property rights of others and expects Users to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. When a copyright owner’s work is being infringed on or through the Qrkiez App, the copyright owner may send a notification of claimed infringement to our designated agent. For such notifications to be legally effective, they must be provided to our designated agent in writing and include substantially the following: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

7.2.  We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to anyone. In appropriate circumstances, Qrkiez will also terminate a user’s account if they are found to be a repeat infringer. Our designated copyright manager for handling copyright infringement claims on the Qrkiez App is as follows:

Qrkiez, Inc.
Attn: Copyright Manager
P.O. Box 1502
Danville, CA 94526
Email: contact@qrkiez.com

8. Disclaimer of Warranties

8.1. By accessing or using the Qrkiez App, you acknowledge and agree that you may be exposed to materials from others that may be offensive, indecent, or objectionable.  You agree to accept that risk. Opinions expressed on the Qrkiez App do not reflect our views. We do not support or endorse any Content posted by you or other users. Certain Content from others may not be accurately displayed, evaluated, or categorized.

8.2. While we provide reasonable security measures to protect your Content, we are not liable for any damages resulting from the authorized or unauthorized disclosure of your Content.

8.3. WE ARE NOT LIABLE FOR ANY ACTIONS, OMISSIONS, OR BEHAVIORS OF USERS OR THIRD PARTIES IN RELATION TO THE QRKIEZ APP, INCLUDING ANY QRKIEZ PRO. WE ARE NOT LIABLE FOR ANY DAMAGES RESULTING FROM OR RELATED TO INTERACTIONS BETWEEN USERS, INCLUDING BUT NOT LIMITED TO SOLICITATIONS, ATTEMPTED TRANSACTIONS, OR TRANSACTIONS. WE HAVE NO OBLIGATION TO INTERVENE IN DISPUTES BETWEEN USERS ARISING THROUGH THE QRKIEZ APP.

8.4. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE QRKIEZ APP ARE PROVIDED TO YOU “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. FOR EXAMPLE, WE MAKE NO WARRANTY THAT (a) THE QRKIEZ APP WILL MEET YOUR REQUIREMENTS OR WILL BE CONSTANTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS OBTAINED FROM THE USE OF THE QRKIEZ APP ILL BE EFFECTIVE, ACCURATE, OR RELIABLE; OR THAT (c) ANY ERRORS OR DEFECTS IN THE QRKIEZ APP WILL BE CORRECTED.

8.5.  THE QRKIEZ APP IS NOT DESIGNED FOR MEDICAL PURPOSES.  DO NOT DISREGARD, AVOID, OR DELAY IN OBTAINING IN-PERSON CARE FROM YOUR DOCTOR OR OTHER QUALIFIED PROFESSIONAL BECAUSE OF INFORMATION OR ADVICE YOU RECEIVED THROUGH THE QRKIEZ APP.  

8.6.  THE QRKIEZ APP IS NOT INTENDED FOR ANY INFORMATION REGARDING WHICH DRUGS OR MEDICAL TREATMENT MAY BE APPROPRIATE FOR YOU, AND YOU SHOULD DISREGARD ANY SUCH INFORMATION IF DELIVERED THROUGH THE QRKIEZ APP.

9. Limitation of Liability and Indemnification

9.1. TO THE FULLEST EXTENT PERMITTED BY LAW, THE QRKIEZ GROUP (AS DEFINED BELOW) SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE DAMAGES, ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, REPUTATION, OR OTHER INTANGIBLE LOSSES WHETHER INCURRED DIRECTLY OR INDIRECTLY.

9.2. UNDER NO CIRCUMSTANCES SHALL THE TOTAL LIABILITY OF THE QRKIEZ GROUP RELATED TO THESE TERMS EXCEED ONE HUNDRED US DOLLARS (USD 100).

9.3. THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION.

9.4.  By using the Qrkiez App, you agree to indemnify Qrkiez, its employees, stockholders, owners, officers, agents, and affiliates (collectively, “Qrkiez Group”) from any claims or demands made by any third party due to or arising out of 1) your use of the Qrkiez App, 2) the Content you post, 3) if you are a Qrkiez Pro, the services you offer, 4) your access to the Qrkiez App, 5) your breach of these Terms, and 6) any violation of applicable laws. You are required to immediately indemnify the Qrkiez Group for any direct or indirect damages, losses, or expenses (including but not limited to attorney fees) that arise from the above causes, whether a claim is made by a third party or not.

10. Dispute Resolution

10.1. Governing Law: Your contractual relationship is with Qrkiez, a company based in Delaware, USA. You agree that your relationship with Qrkiez shall be governed by the laws of the State of California, excluding its conflict of laws rules.  You agree that any claims or grievances of any nature shall be brought exclusively in the federal or state courts located in Alameda County, California, and you consent to personal jurisdiction in these courts.

11. Termination

11.1. You may discontinue using the Qrkiez App at any time.

11.2. The Qrkiez App provided by Qrkiez is always evolving.  The nature and form of the Qrkiez App may change from time to time without prior notice to you. Qrkiez may also permanently or temporarily suspend, limit, or eliminate any provision, feature, or UGC of the Qrkiez App for any one user or users generally without prior notice.  

11.3 If we discover an abnormal or otherwise unauthorized attempt to create and/or use an account, we reserve the right to restrict the account’s creation or access to the Qrkiez App and, if necessary, delete the account created in such an abnormal way.

11.4. If you have paid any service fees to us before termination of your account (only in cases where we have provided a paid service to you), such payments will not be refunded. Terminating your account does not waive any payment obligations agreed upon between you and us prior to termination.

11.5. If your access to all or a portion of the Qrkiez App is terminated, you will no longer be able to access content posted by you or other Users in areas where you have been restricted.

12. Notices

12.1. Notices to Qrkiez: Unless specified otherwise in these Terms or additional terms, notices to Qrkiez should be sent to the following address: Qrkiez Inc., P.O. Box 1502, Danville, CA 94526.

12.2. Notices to You: For service-related messages and announcements, Qrkiez will notify you by through the Qrkiez App or through other means that we believe to be reasonable. You acknowledge and agree that the methods we use to notify you of any messages and announcements are the best available methods, and you acknowledge and agree that Qrkiez is not responsible for your failure to receive important information about the Qrkiez App. 

13. General Terms

13.1. Export Control: You acknowledge that the Qrkiez App, and your use and handling of the Qrkiez App, are subject to U.S. and international laws, restrictions, and regulations that may govern the import, export, and use of the Qrkiez App and Content. You agree to comply with all applicable laws, restrictions, and regulations.

13.2. English Version: The English version of these Terms will be the version used when interpreting or construing this agreement.

13.3. Severability: If a court finds any section of these Terms invalid or unenforceable, the remainder of the Terms will continue to apply.

13.4. No Waiver: Failure or delay by us to enforce any of these Terms against you shall not constitute a waiver of the Terms or waiver of the right for Qrkiez to enforce such Terms.

13.5. Changes to these Terms: We may modify these Terms from time to time. When changes are made, we will post the revised Terms and update the effective date.  By continuing to access or use the Qrkiez App on or after the effective date of the revised Terms, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you must stop accessing and using the Qrkiez App.

13.6. Assignment or Transfer: Qrkiez does not grant access to anyone other than users who have entered into an agreement directly with us, and you may not assign or transfer your account or rights or obligations under this agreement to anyone else, whether for free or for payment, without Qrkiez’s prior permission. We may transfer the rights and obligations under this agreement, contractual status, membership information, user registration information, and all service-related information to another entity if we are acquired by or merged with another company, or if we sell all or part of the Qrkiez App. By agreeing to these Terms, you are deemed to have consented to these terms in advance.

13.7. Entire Agreement: These Terms constitute the complete and exclusive agreement between Qrkiez and you regarding the Qrkiez App and replace and supersede all prior agreements between Qrkiez and you regarding the Qrkiez App.