Q-talks App and website terms and conditions - terms of use

TERMS AND CONDITIONS, updated  19th of May 2019

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Welcome to Q-talks!

Q-talks IVS (“Q-talks” or “we” or “us” or “our” or other similar pronouns) offers you (“you” or “your”) talking/conversation/”calling” services through Q-talks´s licensed software application (“Licensed Application”) for mobile devices available on Q-talks´s website at www.q-talks.com (“Site”) or other third party websites or in App store (iOS) or/and Google Play (Android). The Site, the Licensed Application and the various Q-talks services offered to you may be collectively referred to in these terms as the “Application”. Our Licensed Application is licensed, not sold, to you for use only under the terms of this license, unless a product or service is accompanied by a separate license agreement, in which case the terms of that separate license agreement will govern, subject to your prior acceptance of that separate license agreement. We reserve all rights not expressly granted to you. This license is a binding legal document between Q-talks and you and explains your rights and obligations as a user of the Service (“License”). By using the Service you acknowledge and agree to the terms of this License, the Q-talks Privacy Policy. If you choose to not agree with any of these terms, you may not use the Service. NO ACCESS TO EMERGENCY SERVICES: Q-talks is not a replacement for your ordinary mobile or fixed line telephone and does not allow you to make emergency calls to emergency services. You must make alternative communication arrangements to ensure that you can make emergency calls if needed. CHECK RESTRICTIONS ON USE: In some countries there are restrictions on the use of the Licensed Application. It is your responsibility to ensure that you are legally allowed to use Q-talks where you are located.

1. Scope of License
This License is a limited, non-exclusive, non-transferable, non-sub-licensable license to use the Licensed Application on any mobile device or tablets or personal computer that you own or control. You may not distribute or make the Licensed Application available over a network where it could be used by multiple mobile devices or tablets at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy (except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (unless the foregoing restriction is prohibited by applicable law, or permitted by the licensing terms governing the use of any open sourced components of the Licensed Application, if any). In addition, any commercial copying or distribution, publication or exploitation of the Site, or any content, software, code, data or materials on or from the Site, are strictly prohibited unless you have received express prior written permission from us or the applicable rights holder. Any attempt to do so is a violation of our rights. If you breach these restrictions, you may be subject to prosecution and damages. The terms of the License will govern any upgrades provided by us that replace and/or supplement our Service, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

2. Consent to Use of Data
How Q-talks receives, collects and uses information about you from your use of the Service in general, including Personal Information, is more fully described in the Q-talks Privacy Policy.

By using the Licensed Application, you understand and agree that we may collect and use technical data and related information, including but not limited to technical information about your mobile device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Licensed Application. We may use this information to improve our Service and for statistics.

3. Changes to this License
Q-talks may make changes to the terms of this License from time to time. Q-talks will publish the changes in the app and at our homepage. The changes will be effective when published. Please review this License on a regular basis. You understand and agree that your acceptance of the terms of this License or your use of the Service after the date of publication of varied terms shall constitute your agreement to the updated terms. If you do not agree with the amended terms, you may terminate your relationship with Q-talks in accordance with paragraph 4 below.

4. Termination
4.1 The License is effective until terminated by you or us. You may terminate your relationship with Q-talks at any time. If you are using our 30 days trial, you can just delete our account. If you registered for our “Q-talks pro” service (described below), you can request that Q-talks delete your User Account (as defined below). Q-talks has the right to terminate your rights under this License and delete your account without notice if you fail to comply with any terms of this License. Upon termination of the License, you shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.

4.2 In addition, Q-talks has the right to terminate its relationship with you, or may terminate or suspend your use of the Service at any time:

4.2.1 if you are in breach of the terms of this License.

4.2.2 if Q-talks reasonably suspects that you are using the Service to break the law or infringe third party rights.

4.2.3 if Q-talks reasonably suspects that you are trying to unfairly exploit or misuse any of our policies.

4.2.4 if Q-talks reasonably suspects that you are using any of our products fraudulently or that your “User Account” is being used by a third party fraudulently.

4.2.5 if you have purchased “Q-talks Subscription” (as defined below) from an unauthorized reseller.

4.2.6 immediately, if required due to a change in laws/regulation by a regulator or authority with a lawful mandate in any particular territory, or by any of Q-talks’s partners

4.3 Q-talks shall effect such termination by preventing your access to the Service, where applicable. We reserve the right to cancel User Accounts holding no paid subscription, that have been inactive for more than one (1) year.

4.4 Q-talks will close/delete a user account immediately without any further notice if reporting is repeatedly received in e.g. complaints from other users about abuse of Q-talks. Abuse as: Harassment, bullying, spoiling the conversation for others etc. If complaints are directed to a specific user, Q-talks will send an email to that user with a reminder of current rules. If further complaint(s) is/are then received, the user account will be immediately closed/deleted without further information to the person concerned.

5. The Service
5.1 Once you have downloaded the Licensed Application and become a Q-talks user, you can join into conversations for free – however, limited conversations for 30 days. In addition, Q-talks offers you the opportunity to become a Premium “Q-talks” user, which allows you to join into conversations 24/7 without time limitations

5.2 The Service also allows users to share knowledge and general information. You acknowledge and agree that any of your User Submissions are your responsibility. Q-talks cannot be held responsible for any statements or/and stance of the user. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing or stating them. User Submissions do not necessarily represent the views or opinions of Q-talks, and Q-talks makes no guarantees as to the validity, accuracy or legal status of any User Submission. In connection with your User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Q-talks to use all patent, trademark, trade secret, copyright or other proprietary rights in and to your User Submissions in the manner contemplated by the Service and this License; and (ii) you have the written consent, release, and/or permission of each identifiable individual person referenced in your User Submission to use their name and likeness in your User Submission. Please note, by submitting the User Submissions to Q-talks, you hereby grant us a worldwide, non-exclusive, royalty-free, sub-license able and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Submissions in connection with the Service and Q-talks´s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant every user of the Service a non-exclusive license to access your User Submissions through the Service. You further agree that you will not violate any of the restrictions listed in Prohibited Uses set forth in paragraph 6.2 below. Q-talks does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Submissions. Q-talks does not permit copyright infringing activities and infringement of intellectual property rights via its Service, and we will remove all content and User Submissions or terminate user account, if necessary, if properly notified that such content or User Submission infringes on another’s intellectual property rights. Q-talks will not return any paid subscriptions fee, in such cases. Any Music played by users while utilizing Q-talks, user is responsible for reporting and paying license/fees or others to Koda Gramex or other organizations/companies. Q-talks cannot be held responsible for any music played through the Q-talks app or any services we provide at all.

5.3 In the course of using the Service, you may encounter content that may be deemed offensive, indecent, or objectionable. Nevertheless, you agree to use our Service at your sole risk and we shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable. You agree not to exploit and utilize the Service in any unauthorized way whatsoever, including but not limited to, trespassing or burdening network capacity.

5.4 We make no representation that our Service is available for use in any particular location. To the extent you choose to access our Service, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. We reserve the right to change, suspend, remove, or disable access to our Service at any time without notice. In no event will we be liable for the removal of or disabling of access to our Service. We may also impose limits on the use of or access to our Service without notice or liability.

5.5 Q-talks may automatically check your version of the Licensed Application. Q-talks has no obligation to make available any updates. However, Q-talks may (a) require you to download and install updates; or (b) automatically download and install updates to your device.

5.6 Q-talks does not consider proposals or ideas, including without limitation ideas for new products, technologies, promotions, product names, product feedback and product improvements (“Feedback”) to be confidential information. If you send any Feedback or suggestions for subjects and categories to Q-talks through the Site, social networks or otherwise, you acknowledge and agree that Q-talks shall not be under any obligation of confidentiality with respect to the Feedback and nothing in this License limits or restricts Q-talks’s right to independently use, develop, evaluate, or market products, whether incorporating the Feedback or otherwise.

5.7 You may link to the Site from another website owned by you, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement by Q-talks where none exists. You may not frame the Site on any other website. Q-talks may revoke the permission to link to the Site at any time at its sole discretion.

6. Your Obligations
6.1 You are responsible for all activities that occur under your User Account. You agree to notify Q-talks immediately of any unauthorized use of your User Account or any breach of security with respect to your User Account. Q-talks will not be liable for any loss that you may incur as a result of someone else using your User Account, either with or without your knowledge. In addition, you may be held liable for any losses incurred by us or another party due to someone else using your User Account. Therefore, we recommend that you choose a password that is hard to guess and consists of letters, numbers and symbols. Q-talks takes no responsibility for your failure to comply with the obligations in this paragraph.

6.2 You may not:

6.2.1 intercept or monitor, damage or modify any communication which is not intended for you;

6.2.2 use any type of spider, virus, worm, trojan-horse or any other codes or instructions that are designed to distort, delete, damage, emulate or disassemble the Service;

6.2.3 send unsolicited communications (also referred to as “SPAM”, “SPIM” or “SPIT”) or any communication not permitted by applicable law or use the Service for the purposes of phishing or pharming or impersonating or misrepresenting affiliation with another person or entity;

6.2.4 expose any third party to material which is offensive, harmful to minors, indecent or otherwise objectionable in any way;

6.2.5 use the Service to cause or intend to cause embarrassment or distress to, or to threaten, harass or invade the privacy of, any third party;

6.2.6 use (including as part of your name and/or profile picture) any material or content that is subject to any third party proprietary rights, unless you have a license or permission from the owner of such rights;

6.2.7 collect or harvest any personally identifiable information, including account names, from the Service; or

6.2.8 impact or attempt to impact the availability of the Service, with a denial of service (DOS) or distributed denial of service (DDoS) attack.

6.2.9 record any conversations that you or others are participating in and distribute the recorded to any third parties without clear written approval from all participants in the conversation group. Any violation will be reported according to legal regulations and your account will be terminated without any further warning. Any remaining prepaid subscription fee will NOT be refunded.

7. Disclaimer of Warranties.

8. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall our total liability to you for all damages exceed the amount of zero dollars ($0.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. Any views expressed in the Q-talks App are those of the presenter; They do not reflect the views of Q-talks. Nor can Q-talks be held responsible at all. Q-talks should only be used by people aged 18+ (see paragraph 18)

9. End Users and Export Control
You will not use or export the Licensed Application or any product or service offered on the Site or through the Service, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

10. Charges for Q-talks Out Service
10.1 Q-talks is based on subscription. The cost is listed in App Store and Google Play.

10.2 The charges for other Q-talks features or products will be confirmed to you before you complete a purchase from Q-talks. Q-talks may change the prices of such products at any time without any notice to you. You can choose whether or not to accept the new charges prior to completing your next purchase of the applicable product. The new prices will apply to your next purchase after the new prices have been published.

10.3 From time to time, Q-talks may offer products or features available at no charge for a trial period. However, Q-talks reserves the right to charge you for such products (at the normal rate) in the event that Q-talks determines (in its reasonable discretion) that you are abusing the terms of the offer, including if you are using any service, proxy or other devices or anonymous IP address that prevents us from locating you.

10.4 Q-talks may collect VAT or other indirect taxes at the appropriate rate for the particular territory (as per applicable tax rules) at the time of purchase of Q-talks subscription. This will automatically be charged in App store and Google Play

10.5 Using the Licensed Application on mobile and tablet applications will use some of the data allowance available on the data package to which you have subscribed with your mobile network operator. Out-of-country usage may lead to significantly higher costs than regular usage, and you are solely responsible for keeping yourself informed and paying for possible roaming and other applicable charges levied by your mobile network operator.

11. Payment – Q-talks subscription
11.1 You can purchase your subscription using any payment method made available to you by Q-talks from time to time. The Q-talks subscription that you purchase will be applied to your User Account at the time of purchase. We use the services of third parties to process your payments and we require that these third parties take the appropriate organizational and technical measures to protect your personal data and traffic data and to comply with relevant laws. Please review the terms of use and privacy policies of those third parties before providing your banking or payment information. You agree that you are not relying on the future availability of any feature or product offered through the Service in agreeing to or making payments here-under.

11.2 Q-talks does not guarantee that you will be able to use your Q-talks subscription balance to purchase all features and products. Where Q-talks Credit cannot be used to pay for a feature or product, Q-talks will make another payment method available to you. Q-talks reserves the right to remove or amend the available payment methods at its sole discretion.

11.3 Automatic Recurring Charge.

11.3.1 The recurring charge feature will be automatically enabled when you subscribe for Q-talks through Google Play (Android) or App Stores (iOS). Your Q-talks subscription will be renewed by the same payment method you initially designated when you registered your User Account every time your Q-talks.

11.4 Any charges mentioned in specific currencies are solely considered as examples, and do not take currency fluctuations or discrepancies into account.

11.5 If you use third party services to purchase Q-talks subscription, such purchase is also subject to the terms of such third party (including with respect to payment terms, refunds, etc.). Any support requests in connection with such third party services shall be communicated by you to such third parties.

12. Refunds
12.1 If you believe that you have been charged in error, you must contact Google Play or App Stores (Apple) immediately according to their legal payment policies. No refunds will be given by Q-talks for any third party services.

12.2 Q-talks reserves the right to refuse a refund request if it reasonably believes (i) that you are trying to unfairly exploit this refund policy, for example, by making repetitive refund requests in respect of the same product or feature; (ii) if you are in breach of the terms of this License; (iii) if Q-talks reasonably suspects that you are using any of our products fraudulently or that your User Account is being used by a third party fraudulently. This refund policy does not affect any of your statutory rights to pursue a claim; or (iv) that you purchased your credit through a third party service and the terms of such third party do not allow such refund.

13. Q-talks’s Ownership Rights
The Service, including the Site and Licensed Application (including any content or information contained therein) and all copies thereof are protected by copyright and other intellectual property laws and treaties. Q-talks or its licensors own the title, copyright, and other intellectual property rights in the Site, Licensed Application and Service and all copies, modifications and derivative works thereof, and the underlying software (including any user Feedback) (“Q-talks Technology”), and your use of our Service does not grant to you, nor do you acquire any ownership rights in the Q-talks Technology.

14. Notice and Take Down Procedures Copyright Agent
We respect the intellectual property rights of others, and require that the people who use the Site, Service and Licensed Application do the same. If you believe that any materials accessible on or from the Service infringes your copyrights, you may request the removal of those materials (or access thereto) by contacting our copyright agent.

15. Jurisdiction
The laws of Denmark, excluding its conflicts of law rules, govern this License and your use of the Licensed Application. You expressly agree that the courts in Denmark have exclusive jurisdiction over any claim or dispute with Q-talks or relating in any way to your use of the Licensed Application or Service.

16. Indemnity
You will indemnify, defend and hold harmless Q-talks from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with any claim arising from or relating to any breach by you of this license.

17. Links to Third Party Websites
The Site may contain links to other third party websites (“Third Party Sites”). These Third Party Sites are provided solely as a convenience to you. Such Third Party Sites are not under Q-talks´s control, and Q-talks is not responsible for and does not endorse the content of such Third Party Sites, including any information or materials contained on such Third Party Sites. You will need to make your own independent judgment regarding your interaction with these Third Party Sites.

18. Acceptance of License
You affirm that you have the ability to enter into this License. If you are under the age of 18 years old you are not competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this License. This requires review and acceptance by your parents or legal guardian(s). The Q-talks app is only allowed to be used by the age of minimum 18.

19. General
This License is the entire agreement between you and Q-talks relating to the Service and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Service or any other subject matter covered by this License. If any provision of this License is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect. This License may not be modified or amended except as described herein by Q-talks or otherwise with the written agreement of Q-talks.

20. Changes to the Terms and Conditions
These Terms of Use (Terms and Conditions) may be updated from time to time. When updating, the “last updated” dates below and at the top will change and the new Terms of Use (Rules and Terms) will be published online.

Terms and Conditions, updated 19th of May 2019