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Terms of Use
Please note that your use of and access to the Q4 services (defined below) are subject to the following terms; if you do not agree to all of the following, you may not use or access the services in any manner.
Terms of Use
Effective date: December 31, 2020
Please read on to learn the rules and restrictions that govern your use of our website(s), products, services, discussion forums, interactive areas and applications (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us by email at privacy@q4inc.com, or by mail at 469A King Street West, Toronto, ON.
These Terms of Use (the “Terms”) are a binding contract between you and Q4 Inc. (“Q4,” “we” and “us”). You must agree to and accept all of the Terms, or you do not have the right to use the Services. Your using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in the Q4 Privacy Policy.
Will these Terms ever change?
We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by sending you an email.
If you do not agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
What about my privacy?
Q4 takes the privacy of its users very seriously. For the current Q4 Privacy Policy, please click here. It explains how we collect and use your personal data to provide and improve our Services.
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at privacy@q4inc.com.
What are the basics of using the Services?
You may be required to register and provide us with information about yourself in order to use the Services. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not use another person’s name with the intent to impersonate that person.
You represent and warrant that you are of legal age to form a binding contract. If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
You will only use the Services for your own use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We cannot and will not be responsible for your using the Services in a way that breaks the law.
Proprietary rights. Q4 and/or its suppliers, as applicable, retain ownership of all proprietary rights in the Services and in all trade names, trademarks, service marks, logos, and domain names ("Q4 Marks") associated or displayed with the Services. You may not frame or utilize framing techniques to enclose any Q4 Marks, or other proprietary information (including images, text, page layout, or form) of Q4 without express written consent. You may not use any meta tags or any other "hidden text" utilizing Q4 Marks without Q4's express written consent.
Copyright. 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. Q4 may deny access to the Services to any User who is alleged to infringe another party's copyright.
Your use of the Services is subject to the following additional restrictions:
You represent, warrant, and agree that you will not use the Services or interact with the Services in a manner that:
  • Infringes or violates the intellectual property rights or any other rights of anyone else (including Q4);
  • Violates any law or regulation, including any applicable export control laws;
  • Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
  • Jeopardizes the security of your personal information or anyone else’s (such as allowing someone else to log in to the Services as you);
  • Attempts, in any manner, to obtain the registration information, or other security information from any other user;
  • Registers for the Services by any automated means or under false or misleading pretenses, including by the use of a false, misleading or disguised email address;
  • Harms minors in any way;
  • Violates the security of any computer network, or cracks any passwords or security encryption codes;
  • Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
  • "Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means). For purposes of these Terms of Use, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided by Q4 or our Customers and made accessible on or through the Services;
  • Copies or stores any significant portion of the Content;
  • Decompiles, deciphers, disassembles, reverse engineers, or otherwise attempts to obtain or derive any source code or underlying ideas or information or algorithms of or relating to the Services;
  • Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Q4 or any third party;
  • Modifies, translates or otherwise creates derivative works of any part of the Services; and
  • Copies, rents, leases, distributes or otherwise transfers any or all of the rights that you receive hereunder.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
Who is responsible for what I see and do on the Services?
You access all Content at your own risk. Q4 is not liable for any errors or omissions in Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We cannot guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.
What else do I need to know?
Warranty Disclaimer. Neither Q4 nor its licensors or suppliers makes any representations or warranties concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. THE SERVICES ARE PROVIDED BY Q4 ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
Limitation of Liability. We cannot predict when issues might arise with our Services. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstance will we be liable to you for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms or the Q4 Services, even if we have been advised of the possibility of such damages.
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Q4’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law; Arbitration. These Terms are governed by and will be construed under the laws of the State of New York, without regard to the conflicts of laws provisions thereof.
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