Terms of Service(TOS)
1. ACCEPTANCE OF TERMS
DDS provides QRLiving services to you subject to the following Terms of Service(TOS), which may be updated periodically without prior notice. You can review the most current version of the TOS at any time at: http://qrliving.com/tos. By accessing and using the QRLiving Services, your use of the service implies your consent to the TOS. You accept and agree to be bound by the provisions of the TOS.
2. DESCRIPTION OF SERVICE
QRLiving is a web-based service that allows users to create and update online content and communities (herein referred to as "QRLiving" or the "Service"). The Service may be used through a web browser or downloadable clients (the "Software"). QRLiving provides users with templates and other tools for creating and maintaining web pages based on content provided by such users, to be stored and served on QRLiving. Each registered user can create and publish a theme and /or join communities to post text, data, messages, information, and/or links to software, music, sound, photography, graphics, and video (the "Content"). This Content may reside on QRLiving's servers or on the servers of a third party. You are solely responsible for the Content you post. QRLiving reserves the right to remove or disable access to Content at any time for any reason without your approval or notice.
All QRLiving wristbands come with lifetime QRLiving membership.
3. YOUR REGISTRATION OBLIGATIONS
Account registration and verification is required in order to create a QRLiving account. During registration, all users are required to provide accurate, complete, and current information about themselves in all required fields. Should any of your own information change after submitting it to QRLiving, you are required to update that information as soon as possible. Should QRLiving suspect that your personal information is not complete, current, or accurate; your Account may be suspended or terminated without further notice. QRLiving is committed to being a safe and secure environment for all its users. You must be at least 13 years of age to use the Service. Users who are found to be under13 years of age may be suspended from the Service without notice. Users who are over 18 years of age and who register as being under 18 years of age may be suspended without notice. Users who are under 18 years of age and who register as being over 18 years of age may be suspended without notice.
You agree to indemnify and hold QRLiving, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any alleged claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your content, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of others, whether you are a registered user or not. The user is solely responsible for his or her actions when using the Service, including, but not limited to, costs incurred for Internet access.
6. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account user name upon completing the QRLiving Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify QRLiving of any unauthorized use of your password or account or any other breach of security, and ensure that you exit from your account at the end of each session. QRLiving cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
7. ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local laws regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside.
8. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that QRLiving may be required to send you emails regarding your use of the Service. QRLiving will never ask you to submit personal information or verify your Account information in the form of an email. Should you receive any such communications, please do not respond, and forward it to firstname.lastname@example.org
9. CONTRIBUTIONS TO QRLiving
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to QRLiving through its suggestion or feedback WebPages, you acknowledge and agree that: 1. Your Contributions do not contain confidential or proprietary information. 2. QRLiving is not under any obligation of confidentiality, express or implied, with respect to the Contributions. 3. QRLiving shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide. 4. QRLiving may have something similar to the Contributions already under consideration or in development. 5. Your Contributions automatically become the property of QRLiving without any obligation of QRLiving to you. 6. You are not entitled to any compensation or reimbursement of any kind from QRLiving under any circumstances.
10. MODIFICATIONS TO SERVICE
QRLiving reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that QRLiving shall not be held liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
11. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service.
By using the QRLiving service, you hereby acknowledge and agree that QRLiving may, at its sole discretion, block, restrict, or terminate access; suspend or delete any Account; and flag or remove any Content found within the Service, for any reason, at any time, without prior notice.
Spam or Malicious Search Engine Optimization (“SEO”): If you engage in behavior that is inconsistent with ordinary use of the Service, as described in the TOS, including, but not limited to, posting Content that contains malicious SEO optimizations; using bots to spam accounts and/or obtain private information from QRliving users. We reserve the right to flag, restrict, or terminate your Account at any time without notice.
Offensive content: QRLiving is a social media platform that falls under the DMCA Safe Harbor Agreement and, as such, cannot be held responsible for any user-generated Content that appears on its Service. Without imposing legal accountability where none exists, QRLiving reserves the right, at its sole discretion, to suspend any Account, remove any Content, and/or restrict access to any part of the Service that contains full nudity, violence, obscenity, gang-related Content, hate-based Content based on racial, ethnic, gender, transgender, disability, or sexual orientation, harassment of other users, endangerment to minors, incitation to violence or criminal activity, violation of another person’s intellectual property rights, or Content that is otherwise offensive or inappropriate under the TOS, in order to maintain a safe environment for all of its users.
Purging Inactive Accounts: Without limiting the generality of the foregoing, by using the Service, you hereby acknowledge and agree that QRLiving reserves the right to purge “Inactive Accounts” as part of its general housekeeping procedures in order to improve site efficiency and performance. This results in permanent removal of all related Content, including, but not limited to, original writing, artwork, design, photos, and links. QRLiving cannot be held accountable, in whole or in part, for any alleged monetary damages or loss of profits flowing from the removal of said Content during the ordinary course of business.
Inactive Accounts are defined as follows:
1. The user has deleted the Account.
2. The Account has been suspended for a minimum of six months due to violation of the TOS described herein.
U.S. Court orders and Police investigations: QRLiving shall not be held responsible for retaining any user Content or information that has been deleted or purged during the ordinary course of business. Notwithstanding the above, QRLiving may choose to retain content from Inactive Accounts under certain circumstances, including where QRLiving determines, at its sole discretion, that the physical safety of a user may be at risk and/or where the information has been made the subject of a valid subpoena and/or lawful police investigation, as recognized under U.S. law. This shall not be interpreted as placing QRLiving under any obligation, express or implied, to take active measures to retain user information and/or Content until such time as it receives proper legal notice, as recognized under U.S. law.
Termination of contracts: Any legal obligations derived from any contracts, express or implied, shall terminate when QRLiving deletes or purges an Account, at QRLiving’s sole discretion. In addition, you agree that QRLiving may restrict or eliminate access to the Service at any time without prior notice. QRLiving shall not be held liable to you or any third-party for any temporary or permanent termination of access to any or all parts of the Service. QRLiving shall not be responsible for refunding any fees for Paid Account subscriptions and other features and services when an Account is terminated under the TOS.
13. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the QRLiving Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that QRLiving shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the QRLiving Services.
The QRLiving Service, or third parties, may provide links to other websites or resources. Because QRLiving has no control over such sites and resources, you acknowledge and agree that QRLiving is not responsible for the availability of such external sites or resources, and does not endorse, nor is it responsible or liable for any content, advertising, products, or other materials that appear on such sites. You further acknowledge and agree that QRLiving shall not be held responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by the use of, or reliance upon, any such content, goods, or services found on such other websites and resources.
15. QRLIVING.COM PROPRIETARY RIGHTS
You acknowledge and agree that the Service, and any necessary software used in connection with the Service (referred to as "Software"), may contain proprietary and confidential information that is protected by applicable laws governing intellectual property, proprietary rights and the like. All QRLiving code and specifications, and all other code and specifications for the Software and the operation of the Service, are subject to their express or implied licenses. You further acknowledge and agree that Content contained in advertisements or information that presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by QRLiving or advertisers, you agree not to modify, rent, lease, sell, distribute, or create derivative works based on the Content, the Service or the Software, in whole or in part.
16. TRADEMARK INFORMATION
You agree that all of DDS’s trademarks, trade names, service marks and other QRLiving logos and brand features, and product and service names are trademarks and the property of DDS. Without DDS's prior permission, you agree not to display or use in any manner the DDS Marks.
QRLiving may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the QRLiving Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the QRLiving Services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the QRLiving Services in an authorized manner.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT QRLiving SHALL NOT 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 QRLiving HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(a) THE USE OR THE INABILITY TO USE THE SERVICE;
(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 SERVICE;
(c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;
(e) ANY OTHER MATTER RELATING TO THE SERVICE.
19. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
QRLiving respects the intellectual property of others, and we ask our users to do the same. QRLiving may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact us at email@example.com
20. U.S. GOVERNMENT RESTRICTED RIGHTS
The materials on QRLiving are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the U.S. Government constitutes acknowledgment of QRLiving's proprietary rights in them.
21. GENERAL INFORMATION
The TOS constitutes the entire agreement between you and QRLiving and governs your use of the Service, superseding any prior agreements between you and QRLiving (including, but not limited to, any prior versions of the TOS) and any prior representations by QRLiving. The laws of the State of New York, U.S.A, shall govern the TOS and the relationship between you and QRLiving, without regard to its conflict of law provisions. You and QRLiving agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Manhattan, New York, U.S.A. The failure of QRLiving to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to, use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
To report violations against the TOS can submit an email to QRLiving at firstname.lastname@example.org.
QRLiving may revise the TOS found at this URL, in whole or in part, without notice. By using this Site, you hereby acknowledge and agree to be bound by any such revisions and should therefore periodically visit this page to determine the current Terms of Service to which you are bound.
Last updated at Jan, 3rd 2012