Qmerce

For Qmerce™ Beta

These Terms of Service (“Terms”) govern your access and use of the game in which these Terms are embedded (the “Game”). ”We” refers to [Qmerce, Ltd.], which makes the Game available to third party developers and distributors (together, “Developers”) which provide the Game to You. [Note to Qmerce: Please note the references to Qmerce in the Terms] “You” or “Your” means an adult user of the Game, or as the parent or guardian of any minor whom you allow access the Game, and for whom you will be held strictly responsible. Please read these Terms carefully. These Terms govern your access to and use of the Game. By using the Game you signify your assent to these Terms and our privacy policy set forth below. Changes may be made to these Terms from time to time. Your continued use of the Game will be deemed acceptance to amended or updated terms. If you do not agree to any of these Terms, please do not use the Game.

License. We and the Developer hereby grant you a limited, revocable, nonsublicensable license to use the Game solely for your personal, non-commercial use. We and Developer reserve the right to update or modify the Game at any time, in its sole discretion, including, without limitation, to increase or change functionality or to cease making the Game available altogether.
Intellectual Property & Content. We, Developer and our licensors own the Game, including all worldwide intellectual property rights in the content of the Game and the trademarks, service marks, and logos contained therein. Developers may have contributed certain content (including logos and trademarks), and all such contributed content belongs to the applicable Developer. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use the Game, any part thereof, or any content included therein. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Game or part thereof. You expressly agree that you shall observe all applicable laws, regulations and rules of other third party internet sites and services in using the Game.
Promotion. If a Game includes any commercial promotion or Developer makes available any prizes through a Game, You are responsible for ensuring that such contest and receipt of such prizes is legal in your jurisdiction. Developer shall have all responsibility for administration of any promotion and all liability for all such promotions, including without limitation, in respect of any prizes offered through such promotions. No promotion is sponsored, endorsed or administered by, or associated with, Facebook or Qmerce. You release Facebook and Qmerce from all claims in respect of any promotion.
Restrictions You shall not, and shall not encourage any third party, to (a) use, generate clicks on or use the Game through any automated, deceptive, fraudulent, misleading, coercive, incentivized, malicious or other invalid means; (b) modify, alter or create any derivative work of the Game; or (d) frame, modify the end user view of, or other inhibit the full and complete display of the Game. You shall not, or allow any third party, to (a) use the Game to send spam or unsolicited material, (b) attempt to decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Games (including without limitation, for the purpose of obtaining unauthorized access to the Game), (c) circumvent, disable, or otherwise interfere with security-related features of the Game, (d) impose an unreasonably or disproportionately large load on our infrastructure, (e) use or access another user’s account or password without permission or under false pretenses, (f) commit an action that is (or we reasonably believe to be) illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or We reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; or (g) commit any action that does not comply with all applicable laws, rules, or regulations, including not obtaining all necessary permits, licenses, or registrations required by You, or would cause us to be in violation of any law or regulation, or to infringe any right of any third party.
Infringement. We respect the copyrights of third parties. Under the Digital Millennium Copyright Act of 1998 (the “DMCA”), it is our policy to respond to copyright owners who believe material appearing on the Game or any game infringes their rights under US copyright law. If you believe that something appearing on the Game infringes your copyright, you may send us a notice requesting that it be removed, or access to it blocked. If you believe that such a notice has been wrongly filed against you, the DMCA lets you send us a counter-notice. Notices and counter-notices must meet the DMCA’s requirements. We suggest that you consult your legal advisor before filing a notice or counter-notice. Be aware that there can be substantial penalties for false claims. Send notices and counter-notices to us at info@qmerce.com
Disclaimer. Your use of any aspect of the Game is at your own risk. Neither We nor Developer makes any representations or warranties whatsoever in respect of the Game or any content available through the Game. Everything available on the Game or any content available through the Game is provided to you “AS-IS” without warranty of any kind, either expressed or implied, including the implied warranties of merchantability, fitness for a particular purpose, or non-infringement, and We and Developer expressly disclaim all express or implied warranties.
Limitation of Liability. In no event shall We or Developer be liable to you or any third party for any damages, including but not limited to general, incidental, consequential, indirect, direct, special or punitive damages, arising out of or relating to the Game or any content therein. In any case, our entire liability under any provision of this agreement shall not exceed amounts paid by you to us for the use of the Game. As such, if you have not made any payments to us for the use of the Game, we shall have no liability to you whatsoever, with the exception of death or personal injury caused by our negligence to the extent applicable law prohibits the limitation of damages in such cases.
Indemnification. You agree to indemnify, defend, and hold Us and Developer and the employees, directors, officers, subcontractors and agents of Us and Developer harmless, against any and all claims, damages, or costs or expenses (including reasonable attorneys’ fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your computer or social media (including Facebook) account; (b) your violation of any law or regulation, including regarding contests or prizes (c) any other matter for which you are responsible hereunder or under law.
Linked Content. The Game and any advertisements thereon may involve linking to or using web sites belonging to third parties. We have no control over third-party sites, and all use of third-party sites is at your own risk. We are not responsible for content or services available by means of such sites. We do not endorse any products or services offered by third parties and we urge our users to exercise caution in using third-party sites.
Privacy Policy. We and Developer will not use any information that personally identifies you without your permission. We and Developer collect certain information regarding You when You use the Game. For example, if you use the Game through a social media site, (including, but not limited, to Facebook) we will obtain certain personal information you have provided to such social media site (such as your “real” name, profile picture, email address and other information you make publicly available via the applicable social media site); the information we obtain may depend on the privacy settings you have with the applicable social media site. We and Developer also collect information about your mobile device or computer such as operating system, browser, device ID, and individual preferences. By analyzing usage Ee may compile certain statistical information, such as anonymous information about how users use the Game and which games they play. Statistical data helps Us understand trends and customer needs, and We use such statistical information to tailor and develop products. We may share such anonymous statistical information (so long as it is not linked to any personally identifying information) without restriction, on commercial terms that we determine in our sole discretion. We may share all data (including personal data) as We reasonably believe is required under law, or to cooperate with any investigation by law enforcement authorities. We may transfer all data to processing, maintenance or storage by third parties (including outside the United States) and, though we will enter into contractual arrangements with such third parties to protect your data, we will not be liable for any acts or omissions of such third parties. We may transfer all data in connection with any sale or our business or all or substantially all of our assets.
Use by Children. We and Developer do not knowingly collect personally identifiable information from children under 13. If a parent or guardian becomes aware that his or her child has provided us with personal information without their consent, he or she should contact us at info@qmerce.com . If We become aware that a child under 13 has provided us with personal information, we will delete such information from our files
Miscellaneous. These Terms shall be governed by the law of the State of California exclusive of its choice of law rules. Your conduct may also be subject to other local, state, and national laws. Any action to be brought in connection with these Terms or the Site shall be brought exclusively in the court located in the Northern District of the State of California, and you irrevocably consent to the jurisdiction of such courts. Any cause of action against us must be brought within one (1) year of the date such cause of action arose. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in this Agreement creates any agency, employment, joint venture, or partnership relationship between you and us or enables you to act on our behalf. Except as may be expressly stated in these Terms, these Terms constitute our entire agreement pertaining to the subject matter hereof, and any and all other agreements existing between us relating thereto are hereby canceled. Nothing contained in these terms shall be construed to limit the actions or remedies available to us with respect to any prohibited activity or conduct. Non-enforcement of any term of these Terms does not constitute consent or waiver, and we reserve the right to enforce such term at our sole discretion. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. These Terms are for our benefit (and the benefit of our assignees), and each shall have the right to assert and enforce its provisions against you directly on its own behalf. We may assign our rights under these terms to any third party.