TERMS AND CONDITIONS FOR THE FEMALE QUOTIENT (“FQ”) SOFTWARE APPLICATIONS, WEB SITES AND SERVICES
FQ requires that you carefully read and agree to the following Terms and Conditions before using any FQ software applications, websites and services. By accessing, browsing, or using FQ websites or using any FQ software applications or services, you accept and are bound by these Terms and Conditions. This document is subject to change by FQ at any time. Use of FQ software applications, websites and services after changes or modifications to these Terms and Conditions shall be deemed to constitute acceptance of such changes or modifications.
If you do not agree to these Terms and Conditions, you are not authorized to access or use FQ software applications, websites and services, and you are to cease using our software applications and services.
FQ websites, services and software applications must be downloaded by individuals 18 years of age or older or children under supervision of an adult.
In accepting these Terms and Conditions, you agree to not use FQ applications or services in connection with the following prohibited uses:
- Violations of Law: You are prohibited from using FQ applications or services in or in connection with criminal or civil violations of federal, state, local, or international laws, regulations, or other governmental requirements. You also agree not to infringe or violate the rights (including intellectual property, privacy, and publicity rights) of any other person(s). If such violations occur FQ may and will report such activities to the appropriate law enforcement agencies, regulators, or other third parties.
- Security Violations: You are prohibited from attempting or carrying out any activities that may harm the security of FQ’s applications or services. Any attempts may also result in criminal or civil liabilities to you. Such violations include but are not limited to:
- Logging into an account of another without permission.
- Impersonating another user of any software applications.
- Accessing data of another or of FQ or taking any action to obtain services not intended for your use.
- Probing, scanning, or testing the vulnerability of applications, servers or computing infrastructure.
- Tampering, hacking, modifying, or attempting to corrupt or breach security or authentication measures.
- Transmitting material, electronic communications or electronic correspondence that [a] contains viruses, Trojan horses, worms, time bombs, cancelbots, or [b] causes or attempts to cause “flooding,” “mailbombing,” “crashing”, DDOS attacks on any website or computing infrastructure or any other devices or otherwise damages or disrupts any website or computing infrastructure.
- Selling or giving access to your FQ account to someone else;
- Collecting data on any users.
- Harassment and/or Threatening behavior: You are prohibited from threatening or using FQ software applications or services to harass or threaten others. You are also prohibited from using any FQ software application, website or services for the propagation of offensive matter such as hate speech and pornography.
- Spam: You are prohibited from using FQ software applications, websites and services in any way to perpetuate spam.
- Miscellaneous Prohibitions: You also agree that you will not use FQ software applications to (a) post or upload content meant to solicit (b) infringe the intellectual property rights of others (c) falsify, delete or mutilate author attributions or proprietary legal notices, (d) harvest, collect, accumulate or otherwise gather information about others. Such information includes but is not limited to email addresses or personally identifying information.
FQ reserves the right to determine in its sole discretion, whether a user has used the FQ software applications, websites or services in an impermissible way. FQ also reserves the right to terminate access to FQ software applications, websites or services for any user FQ determines is using the software application, websites and services in a way deemed unfit. FQ may or may not notify you before taking such action against you.
FQ retains ownership of all proprietary rights in all trade names, trademarks, service marks, logos, and domain names (“FQ Marks”) associated or displayed with the FQ software applications, web sites or services. You may not post, modify, distribute, or reproduce in any way copyrighted material, trademarks, rights of publicity or other proprietary rights without obtaining the prior written consent of the owner of such proprietary rights. You may not frame or utilize framing techniques to enclose any FQ Marks, or other proprietary information (including images, text, page layout, or form) of FQ without express written consent. You may not use any meta tags or any other “hidden text” utilizing FQ’s Marks without FQ’s express written consent. No copying, redistribution, retransmission, publication, exploitation (commercial or non-commercial) of the FQ software applications, any FQ websites and any related material is permitted without the express written permission of FQ. Portions of the FQ software applications and websites are protected by copyright, trade dress, trademark, unfair competition, and other state and federal laws. The FQ software application, website and related materials may not be copied or imitated in whole or in part, by any means. Nothing in this agreement shall be construed as granting by license, implication, estoppel or otherwise, any license or right to use any service mark or trademark owned or used by FQ.
Responsibility for End-Users
You agree that You will not use, and will not permit any End User to use, the Services to: (i) modify, disassemble, decompile, prepare derivative works of, or reverse engineer FQ’s software, web sites, applications and services; (ii) build or benchmark a competitive product or service, or copy any features, functions or graphics of FQ’s software, web sites, applications and services; (iii) reproduce, resell, or distribute any reports or data generated by or obtained from use of FQ’s software, web sites, applications and services for any purpose or otherwise generate income from the development, production or marketing of a service or product substantially similar to the FQ’s software, web sites, applications and services. You are responsible for the activities of all End Users who access or use your account and FQ assumes no responsibility or liability for violations.
No Warranty; Disclaimers
FQ MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE MATERIALS AND RELATED GRAPHICS PUBLISHED AS PART OF THE FQ SOFTWARE, APPLICATIONS, WEB SITES AND SERVICES. THESE ARE ALL PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. FQ HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE FOREGOING, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL FQ BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OR NON-PERFORMANCE OF FQ’s SOFTWARE, APPLICATIONS, WEB SITES AND SERVICES.
You are solely responsible for the content (“Content”) sent, uploaded, displayed or transmitted by You. You represent and warrant that You have the right to upload the Content to FQ’s software, applications, web sites and services, and that such use does not violate or infringe on any rights of any third party. Under no circumstances will FQ be liable in any way for any for any of Your Content as defined herein.
By using the FQ software applications, web sites and services, you agree to indemnify and hold harmless FQ and all its affiliates and subsidiaries, officers, agents, employees, and suppliers, from and against any claims, suits, or demands, liability or expense (including reasonable attorney’s fees) arising from or in any way related to your use of FQ software applications, websites or services. If you misuse FQ software applications or services, you also agree to indemnify FQ for claims and damages incurred by FQ and/or third parties resulting from or in any way related to the misuse. These claims include assertion of libel, defamation, violation of right of privacy or publicity, copyright infringement, trademark infringement or other infringement of any third party right, fraud, false advertising, misrepresentation, product liability or violation of any law, statute, ordinance, rule, or regulation in connection with software applications, websites or any related content, including any links; any breach by you of any duty, representation, warranty under this or any agreement with FQ, or any claim relating to a contaminated file, virus, worm, Trojan horse, or other device that could impair or injure any person or entity emanating from FQ software applications, services, websites or any related content. You are solely responsible for defending any claim, and for payment of damages or losses resulting from the foregoing to both a third party and to FQ.
You agree that your use of FQ software, applications, websites and services shall be governed in all respects by the laws of the State of California. Any dispute relating to this Agreement will be resolved in the federal courts of the central district of California.