1. Introduction
You are entering into this Terms of Service Agreement (the “Agreement”) with QLIQ1s, Inc. (as applicable “QLIQ1s” “We”, “Our”, or “Us”). When you (individually “You”, Your”, or “Yourself” or the entity that You represent, each a “User”) access Our Services (defined below), You, the User, are agreeing to the Terms of Service (the “Terms of Service”) provided for in this Agreement. The Terms of Service govern Your use of QLIQ1s, and the other products, features, apps, services, technologies, and software We offer (the “Service” or “Services”), except where We expressly state that separate terms (and not these Terms of Service) apply.
By using this Service, You agree to be bound by this Agreement, and any additional terms referenced herein, including Our Privacy Policy https://qliq1.com/Home/PrivacyPolicy (the “Privacy Policy”) which sets out the terms in which We process all personal data collected from You, or provided to Us. If You do not agree to this Agreement, or any additional terms referenced herein, You must not access the Service. In using the Services, You agree to the Terms of Service and the terms of this Agreement, You also represent that You have the authority to bind Yourself and/or the company You represent to this Agreement. Capitalized terms used herein shall have the meanings ascribed to such terms throughout this Agreement.
2. Services
This Agreement applies to all QLIQ1s’ Services, including the QLIQ1s mobile app (on any and all formats or devices), and the website located at 401 East Las Olas Boulevard, Suite 1400, Fort Lauderdale, Florida 33301. (collectively, the “Platform”). The Service provides an online platform for Users to access various social media accounts. You can create an Account (“Account”) via the QLIQ1s Platform to access and utilize QLIQ1s’ Services by providing your professional resume.
3. Account
You are responsible for Your use of the Service, and any use of the Service made using Your account. The personal information You provide to Us is governed by Our Privacy Policy. You acknowledge QLIQ1s may establish policies and practices concerning use of the Service, including policies that may delete or remove content or data, terminate inactive accounts, and any other policies and practices that QLIQ1s may establish in QLIQ1s’ sole and exclusive discretion. The Service is not available to minors (people under the age of majority in their state or province of residence). The Service is not available to temporarily or permanently suspended members of the Service. QLIQ1s reserves the right to refuse access to the Service, or terminate the account of any User, at its sole discretion and for any reason or no reason at all. You are responsible for maintaining the confidentiality of Your password and account and You will be fully responsible for any and all activities that occur under Your account. You agree to immediately notify Us of any unauthorized use of Your account or any other breach of account security. QLIQ1s will not be liable for any loss or damage arising from Your failure to comply with this Section.
4. Third Party Services
QLIQ1s provides to You, or may provide Your Content to, certain third party services or third party service providers (collectively, "Third Party Service(s)"). Third Party Services may also provide You with links to sites, email, and telephone correspondence and other offers and communications outside of the QLIQ1s network. Such Third Party Services are provided "AS IS" without representation, indemnification, support, or warranty of any kind, and this Agreement does not apply to Your use of any such Third Party Services. You are responsible for evaluating whether You want to access or use such Third Party Services, and, in certain circumstances, where required or applicable, You may opt-out from such Third Party Services available outside of the QLIQ1s network, or You may choose to not utilize such Third Party Services at any time. We reserve the right to suspend Third Party Services at any time. You should review any applicable terms and/or privacy policies of a Third Party Service provider before using that provider or sharing any information with that provider, because You may give the operator permission to use Your information outside of what You have agreed to herein. QLIQ1s is not responsible for, nor does QLIQ1s endorse any features, content, advertising, products or other materials on or available from or through such Third Party Service providers.
5. Third Party Content
QLIQ1s will not be liable in any way for (1) any items or content on the Service posted by Third Party service providers, any other third parties, other Users, or posted at the direction of Users (all, “Third Party Content”), or (2) any errors, omissions, loss, or damage of any kind as a result of such Third Party Content on the Service; and You acknowledge that QLIQ1s does not, and is under no obligation, to review, screen, or inspect any Third Party Content on the Service, although QLIQ1s reserves the right to review, screen, inspect, and remove Third Party Content at Our sole discretion. You agree that You bear all risk associated with the use, reliance, condition, accuracy, completeness, or usefulness of Third Party Content and QLIQ1s bares no risk or liability in that regard.
6. Responsibilities
You are solely responsible for all information, posts, pictures, listings, data, text, music, videos, media, comments, or any other materials (the “Content”) that You upload, post, publish, transmit, or display (each a “Post” or “Posting”) via the Service.
QLIQ1s may investigate, take legal action, or perform any other action We deem necessary or warranted in managing the Service, Your Content, any Posting, or use, including, without limitation, preservation such information for investigative purposes.
You agree to not use the Service to, and that You shall not: (1) provide any Content or Posting, or use the Service in any manner that is unlawful, harmful, violent, illegal, misleading, discriminatory, infringing or that violates third party rights, including intellectual property rights, or that is objectionable, pornographic, libelous, invasive, encouraging of money laundering, terrorism, human trafficking or sexual harassment, (2) violate any law, rule, or regulation, including any anti-spam, data privacy, or other restriction,(3) create any derivative works or reverse engineer any part of the Service or Platform, or put an unreasonable load on the Service infrastructure or disrupt the networks connected to the Service, (4) promote any illegal activity or enterprise, (5) stalk, harass, bully, impersonate or solicit information from anyone, (6) copy, scrape, harvest, use automated systems to collect contact information from the Service for use outside of those intended by these Terms of Service, modify, distribute, create derivative works, or the like, or perform any other action with the Service Content or QLIQ1s’ intellectual property, (7) spam any Users with email, junk mail, fraud, schemes, or the like, (8) transmit or upload viruses, malicious code, worms, or interfere with the Service, or (9) take any action or inaction which QLIQ1s in its sole judgement, believes is questionable, or could cause harm or liability, or that QLIQ1s otherwise finds objectionable.
7. Content
As Users of Our Services, all Content or other information that You Post or otherwise transmit through Our Services or otherwise submit to QLIQ1s or its affiliates is intended to be shared with other Users or others who may access the Platform. By submitting any Content or information to or through Us, You hereby represent and warrant that You own all rights to the Content or, alternatively, that You have the right to give Us such Content for Our unrestricted use and to grant Us the license described below, including the legal permissions and consents to use personally identifiable information You may provide to Us, or upload by way of the QLIQ1s Service.
By Posting or otherwise transmitting any Content, You hereby grant and will grant to QLIQ1s and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid, transferable, sublicenseable, perpetual, irrevocable license to copy, display, transmit, distribute, store, modify, make derivative works of and otherwise use in any manner Your User Content, including but not limited to in connection with the operation of the Service or any other products or services of QLIQ1s, or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed (including without limitation publishing Your User Content on the Internet or on Third Party Services such as Facebook, sharing it with blogs, etc., and allowing other Users to share listings that include Your User Content). You further represent and warrant that the Content does not infringe on the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
You understand that We are not under any obligation to review any Content posted by Our Users on Our Services, although We reserve the right to do so with or without notice, to prevent or rectify any alleged violations of this Agreement or any applicable law. We reserve all defenses made available to Us by the Communications Decency Act and any other applicable laws, rules, or regulations. We may refuse to accept or display Your Content and may remove or delete all or any portion of Your Content at any time, for any reason.
You understand that QLIQ1s is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to User Content, and that such Content is not the responsibility of QLIQ1s. You further understand and acknowledge that You may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against QLIQ1s and its affiliates, directors, managers, employees, consultants, owners, and attorneys with respect thereto.
You understand that any and all Content You upload is not considered confidential by QLIQ1s, regardless of any privacy setting You select, and Your Content will be treated as public information. As such, You agree and understand Your Content is intended to be shared with other Users of Our Services as well as third parties, all in QLIQ1s’ sole discretion, and QLIQ1s has no control or liability over what other Users, or third parties do with Your Content. You understand and agree that QLIQ1s will not be liable for any treatment of Your Content as confidential and You waive all rights with respect to any such claims of breach of privacy and confidentiality. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Platform or the Service (“Submissions”), provided by You to QLIQ1s are non-confidential and QLIQ1s shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to You. If You do not agree that all Your Content will be considered public and will not be considered confidential, You must not use the Service.
8. Intellectual Property Rights
You acknowledge the Service contains text, images and videos that are Third Party Content (“Service Content”) that may be protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. QLIQ1s retains all rights to Our intellectual property. You agree You will not copy, modify, scrape, distribute, create derivative works, or the like, or perform any other action with the Service Content or QLIQ1s’ intellectual property that You are exposed to through Our Service that is not explicitly authorized by this Agreement. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. All goodwill generated from the use of QLIQ1s’ Trademarks will inure to Our exclusive benefit. Any rights not expressly granted herein are reserved by QLIQ1s. Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to QLIQ1s.
9. Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, QLIQ1S EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, QLIQ1SMAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY GOODS, SERVICES, INFORMATION OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
10. Limitations on Liability
We cannot predict when issues might arise with Our Service. Accordingly, the Service is provided “AS-IS,” and We make no guarantees that it will always be safe, secure, or error-free, or will function without disruptions, delays, or imperfections. QLIQ1s is not liable for (1) any Content posted on Our Services; (2) interactions that may arise between Users; (3) any damages that result through Your use of Our Services; (4) any negative or critical comments that may appear in Posts by other Users through the Services; (5) any of the Third Party Service(s) You may use in connection with Your use of the Services; (6) any personally identifiable information You Post or otherwise provide to QLIQ1s or Third Party Service(s) pursuant to the Services; or (7) any costs expended in connection with Your use of Our Services.
You are solely responsible for Your interactions with other Users. You agree QLIQ1s will have no liability or responsibility whatsoever with respect to such interactions. QLIQ1s reserves the right but is under no obligation to become involved in any dispute between You and another User.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL QLIQ1S BE LIABLE FOR ANY LOST PROFITS, REVENUES, INFORMATION, OR DATA, OR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, WHETHER OR NOT QLIQ1S HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE, ON ANY THEORY OF LIABILITY (INCLUDING CONTRACT, TORT INCLUDING NEGLIGENCE, OR HOWSOEVER OTHERWISE) ARISING OUT OF, IN CONNECTION WITH, OR RESULTING FROM (1) THE USE OR INABILITY TO USE THE SERVICES; (2) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (3) ANY OTHER MATTER RELATED TO THE SERVICES.
Our licensors and service providers will have no liability of any kind under this Agreement. Unless such restriction is prohibited by applicable law, You may not bring any claim under this Agreement more than twelve (12) months after the cause of action arises. Our aggregate liability arising out of or relating to these Terms of Services will not exceed the greater of $100.00 or the amount You have paid Us in the past twelve (12) months.
THE LIMITATIONS OF THIS SECTION WILL NOT APPLY TO ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW.
11. Indemnity
You agree to release, defend, indemnify, and hold QLIQ1s, its affiliates, directors, managers, employees, consultants, owners, and attorneys (collectively, “Indemnitees”) harmless from any legal claim or demand (including reasonable attorney and expert fees and costs) that arise from Your actions (or inactions), Your use (or misuse) of Our Services, Your breach of the Terms, or Your infringement of someone else’s rights. If You are a California resident, You waive California Civil Code Section 1542, 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.” If You are a resident of another jurisdiction, You waive any comparable statute or doctrine.
12. Mobile Services
When You access the Service through a mobile device, You may incur a fee for data usage or other associated costs from Your wireless provider. You agree that You are solely responsible for Your use of the Service on Your mobile device and adherence to Your wireless provider’s terms and conditions.
13. Governing Law
This Agreement shall be governed by the laws of the State of New Jersey without giving effect to its principles regarding conflicts of law. All disputes shall be resolved exclusively in Mercer County, New Jersey. You acknowledge that the Services are of United States origin and agree to comply with all export laws and regulations of the United States
14. Dispute Resolution and Arbitration Agreement
PLEASE READ THIS SECTION CAREFULLY.
QLIQ1s is always interested in resolving disputes amicably and efficiently. If You have any concerns or disputes, please email customer support at QLIQ1s. Any unresolved dispute shall be settled by binding and confidential arbitration, notice of which must be sent by You to QLIQ1s, per the Notice provision set forth herein, and said Notice must describe the nature of the claim and relief sought. If resolution is not reached within sixty (60) calendar days, You or QLIQ1s may commence an arbitration proceeding. The arbitration will be conducted in a forum located in Mercer County, New Jersey, and if the claims involved total less than U.S. $10,000, then arbitration will be conducted through document submission or telephonic hearing, unless in person arbitration is legally required. Arbitration shall be subject to the Federal Arbitration Act or the laws of the State of New Jersey. The arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if applicable, the Supplementary Procedures for Consumer Related Disputes. Notwithstanding the foregoing, QLIQ1s may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction. YOU ARE HEREBY GIVING UP YOUR RIGHT TO GO TO COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT. Any claims brought by You must be bought in an individual capacity, not as a class member in any representative proceeding. An arbitrator may not consolidate individuals’ claims. The arbitrator will not have authority to award damages in excess of the amount allowed by this Agreement. The arbitrator also shall be authorized to grant any equitable remedy or relief it deems just and equitable and within the scope of the Agreement. All aspects of the proceeding, ruling, decision, or award shall be kept confidential. The arbitration award shall be final and binding upon the parties without appeal or review except as permitted by the law of the State of New Jersey or United States federal law. This Arbitration Agreement does not preclude You from bringing issues to the attention of federal, state, provincial or local agencies, and such agencies can, if the law so requires.
15. Severability; Headings; Non-waiver
The unenforceability of any provision of this Agreement will not affect the enforceability of any other provision. If any provision of this Agreement is deemed to conflict with another, QLIQ1s will have the sole right to elect which provision remains in force. Headings are provided for convenience only. We reserve all rights under applicable law. Our non-enforcement of any provision of this Agreement or under applicable law will not be construed as Our waiver of any enforcement of rights under the same or different circumstances at any time in the future.
16. Modifications
THIS AGREEMENT, THE TERMS HEREOF, AND THE SERVICES DESCRIBED HEREIN ARE SUBJECT TO MODIFICATION AND DISCONTINUANCE BY QLIQ1S IN ITS SOLE DISCRETION AT ANY TIME WITH OR WITHOUT NOTICE. QLIQ1s is not liable to You or any third party for any such modification or discontinuation. When modifications are made to this Agreement, We will make a new copy of the Agreement available by posting the new Agreement or modified terms on Our Platform or through the Service. We will also update the "Last Revised" date at the top of the Agreement. If We make any material changes, and You have registered to use the Services, We may also notify You via email. Changes will be effective immediately for new Users and will be effective ten (10) days after posting notice of such changes on the Platform for existing Users. We recommend that You periodically visit Our website to review all current terms. Your continued use of the Service after the date any such changes become effective constitutes Your acceptance of the new Terms. If You do not agree to abide by these or any future terms, You must not use or access (or You must immediately cease continued use or access) of the Service.
17. Termination of Services
We may suspend or terminate the Services or Your account at Our discretion without explanation, notice, or liability. We may remove and discard of any items or Content within the Service, for any reason. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of Your use of Service, may be referred to appropriate law enforcement authorities. You may terminate this Agreement by closing Your account for the Service. QLIQ1s will not have any liability whatsoever to You for any suspension or termination. All provisions of this Agreement which by their nature shall survive termination, including, representations as to authority and ownership, warranty disclaimers, indemnity, and limitations of liability shall survive termination of this Agreement.
18. Export Controls and Laws
All software and Services may be subject to export control laws in Your applicable jurisdiction. You agree that You will not, and are solely responsible for any violation of, such export control laws. Downloading and using of the software is Your responsibility. You agree to use the Service at Your own risk.
19. Electronic Communication, Documentation
When You use the Service or send e-mails to Us, You are agreeing to communicate with Us electronically. This Agreement and any other documents reference herein will be considered a “writing” or “in writing” to comply with applicable legal requirements and are legally enforceable between the parties. Printed versions of this Agreement and the documents referenced herein will be admissible in any legal proceeding
20. Notices
You agree We will provide notices and messages to You within the Services, or if required, via email or regular mail. All Notices to QLIQ1s shall be sent by regular and certified mail, return receipt request, to the address below:
QLIQ1s, Inc.
401 East Las Olas Boulevard
Suite 1400
Fort Lauderdale, Florida 33301