Qbitser, Inc. Disclaimer “Agreement”
Date of Last Revision: January 22, 2019
By using or accessing, you agree that we can collect and use such content and information in accordance with the Data Policy as amended from time to time. You may also want to review the following documents, which provide additional information about your use of Qbitser:
- Statement of Rights and Responsibilities
- Sharing Your Content and Information
- Registration and Account Security
- Protecting Other People's Rights
- Mobile and Other Devices
- Payment Methods
- About Advertisements and Other Commercial Content Served or Enhanced by Qbitser
- Page Terms
- Data Policy
- Infringement Policies
- Deals and Advertising
- Suggestions and Improvements
- Use of API’s
- Disclaimer and Limitations of Liability
- Renter and Landlord Service Agreement
- Non-compete; Non-disclosure Agreement
- By "Qbitser" we mean the features and services we make available, including through (a) our website and any other Qbitser branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) social plugins such as the Like button, the Share button and other similar offerings; and (d) other media, brands, products, services, software (such as a toolbar), devices, or networks now existing or later developed. Qbitser reserves the right to designate, in its sole discretion, that certain of our brands, products, or services are governed by separate terms and not this SRR.
- By "Platform" we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from Qbitser or provide data to us.
- By "information" we mean facts and other information about you, including actions taken by users and non-users who interact with Qbitser.
- By "content" we mean anything you or other users post, provide or share using Qbitser.
- By "data" or "user data" or "user's data" we mean any data, including a user's content or information that you or third parties can retrieve from Qbitser or provide to Qbitser through Platform.
- By "post" we mean post on Qbitser or otherwise make available by using Qbitser.
- By "use" we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
- By "application" we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.
- By “Trademarks” we mean the list of trademarks provided.
- You will comply with all applicable laws when using or accessing Qbitser.
Statement of Rights and Responsibilities
This Statement of Rights and Responsibilities ("Statement," "Terms," or "SRR") derives from Qbitser Principles, and is our terms of service that governs our relationship with users and others who interact with Qbitser, as well as Qbitser brands, products and services, which we call “Services”. By using or accessing, you agree to this Statement, as updated from time to time.
Qbitser offers a wide variety of products and services, including communications and advertising platforms. Many of these products and services — such as Qbitser mobile app, Messenger, and News — are part of your Qbitser experience. Other services, such as Vendors and Local Business offer more independent experiences (ex: they may not require you to register for or sign in to the service using your Qbitser account). All of these Services are covered by our Data Policy, which describes how we collect, use and disclose your information. Sometimes supplemental terms may also apply to specific products or services, which we will tell you know about those services. Please note that in some cases, products and services that we offer have their own separate privacy policies and terms.
Because Qbitser provides a wide range of Services, we may ask you to review and accept supplemental terms that apply to your interaction with a specific app, product, or service. To the extent those supplemental terms conflict with this Agreement, supplemental terms shall supersede.
We are developing Qbitser to improve transaction efficient and transparent in the real estate and other industries, and we believe accomplishing this will benefit millions of users. Qbitser promotes efficiency and transparency by giving individuals greater power to share and connect, and certain principles guide Qbitser in pursuing these goals. Achieving these principles should be constrained only by limitations of law, technology, and evolving social norms. We therefore establish these Principles as the foundation of the rights and responsibilities of those within Qbitser.
- Freedom to Share and Connect: People should have the freedom to share whatever information they want, in any medium and any format, and have the right to connect online with anyone - any person, organization or service - as long as they both consent to the connection.
- Ownership and Control of Information: People should own their information. They should have the freedom to share it with anyone they want and take it with them anywhere they want, including removing it from Qbitser. People should have the freedom to decide with whom they will share their information, and to set privacy controls to protect those choices. Those controls, however, are not capable of limiting how those who have received information may use it, particularly outside Qbitser.
- Fundamental Equality: Every Person - whether individual, advertiser, developer, organization, or other entity - should have representation and access to distribution and information within Qbitser, regardless of the Person's primary activity. There should be a single set of principles, rights, and responsibilities that should apply to all People using Qbitser.
- Social Value: Qbitser will strive to constantly improve how People enjoy their freedom to build trust and reputation through their identity and connections, and should not have their presence on Qbitser removed for reasons other than those described in Qbitser's Statement of Rights and Responsibilities.
- Fundamental Service: Qbitser will strive to constantly improve how People search for property, connect with others, and share information with them. Every person should have equal opportunity to use Qbitser.
- Common Welfare: The rights and responsibilities of Qbitser and the People that use it should be described in a Statement of Rights and Responsibilities, which should not be inconsistent with these Principles.
- Transparent Process: Qbitser will strive to work towards establishing trust for the quality of data provided by users in order to improve process and ultimately market efficiency in order to greatly reduce waste of user resources. Qbitser will strive to have a process of notice and comment to provide transparency and encourage input on amendments to these Principles or to the Rights and Responsibilities.
- One World: Qbitser will strive to transcend geographic and national boundaries and be available to everyone in the world.
As used in this policy, the terms “using” and “processing” information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within the United States or internationally.
Information we Collect and How We Use It: We may collect and store information about you when you use the Service. We use the information to fulfill your requests, provide the Service’s functionality, improve the Service’s quality, personalize your experience, track usage of the Service, provide feedback to third party businesses that are listed on the Service, display relevant advertising, market the Service, provide customer support, message you, back up our systems and allow for disaster recovery, enhance the security of the Service, and comply with legal obligations.
Among the information we collect, please note:
- Account Information: If you create an account on Qbitser, we may store and use your full name, email address, zip code, and other information you may provide with your account, such as your gender and birth date. Your first name and last initial, as well as any photo you submit through the registration process, will be publicly displayed as part of your account profile. You can modify some of the information associated with your account. If you believe that someone has created an unauthorized account depicting you or your likeness, you can request its removal by flagging it.
- Public Content: The information that you contribute through the Service is intended for public consumption, including your reviews, tips, photos, videos, check-ins, comments, likes, Talk posts, Events, bookmarks, friends, lists, compliments, and account profile. We may display this information through the Service, share it with businesses, and further distribute it to a wider audience through third party sites and services.
- Contacts: You can invite your friends to join the Service by providing us with their contact information, or by allowing us to access your contacts from your computer, mobile device, or third party sites to select which friends you want to invite. If you allow us to access your contacts, we may transmit that information to Qbitser long enough to process your invitations.
- Communications: When you sign up for an account or use certain features, you are opting to receive messages from other Qbitser users, businesses, and Qbitser itself. Note that you cannot opt out of receiving certain administrative, transactional, or legal messages from Qbitser. For example, if you make a reservation through the Service, we may send you messages about your reservation using the contact information you provide, including SMS text messages to your phone. We may also track your actions in response to the messages you receive from Qbitser or through the Service, such as whether you deleted, opened, or forwarded such messages. If you exchange messages with others through the Service, we may store them in order to process and deliver them, allow you to manage them, and we may review and disclose them in connection with investigations related to the operation and use of the Service. We may not deliver messages that we believe are objectionable, such as spam messages or requests to exchange reviews for compensation. If you send or receive messages through the Service via SMS text message, we may log phone numbers, phone carriers, and the date and time that the messages were processed. Carriers may charge recipients for texts that they receive. We may also store information that you provide through communications to us, including from phone calls, letters, emails and other electronic messages, or in person. If you are a representative of a business listed on Qbitser, including users of Qbitser for Business Owners, we may contact you, including by phone or email, using the contact information you provide us, make publicly available, or that we have on record for your business.
- Transactional Information: If you initiate a transaction through the Service, such as a reservation or purchase, we may collect and store information about you, such as your name, phone number, address, email, and credit card information, as well as any other information you provide to us, in order to process your transaction, send communications about them to you, and populate forms for future transactions. This information may be shared with third parties for the same purposes. Qbitser does not disclose your personal information to third parties for the purpose of directly marketing their services to you unless you first agree to such disclosure. When you submit credit card numbers, we encrypt that information using industry standard technology. If you write reviews about businesses with which you transact through the Service, we may publicly display the fact that you transacted with those businesses. For example, if you make a dinner reservation through the Service and write a review about your experience, we may publicly display the fact that you made your dinner reservation through the Service.
- Activity: We may store information about your use of the Service, such as your search activity, the pages you view, the date and time of your visit, businesses you call using our mobile applications, and reservations and purchases you make through the Service. We also may store information that your computer or mobile device provides to us in connection with your use of the Service, such as your browser type, type of computer or mobile device, browser language, IP address, mobile carrier, phone number, unique device identifier, advertising identifier, location (including geolocation, beacon based location, and GPS location), and requested and referring URLs. You may be able to disallow our use of certain location data through your device or browser settings, for example by disabling “Location Services” for Qbitser application in iOS privacy settings.
Intended to make the Service work in the way you expect. For example, we use a Cookie that tells us whether you have already signed up for an account.
Authentication, Security, and Compliance
Intended to remember information about how you prefer the Service to behave and look. For example, we use a Cookie that tells us whether you have declined to allow us to use your phone’s geolocation data.
Intended to allow or prevent notices of information or options that we think could improve your use of the Service. For example, we use a Cookie that stops us from showing you the signup notification if you have already seen it.
Intended to help us understand how visitors use the Service. For example, we use a Cookie that tells us how our search suggestions correlate to your interactions with the search page.
Managing Cookies: It may be possible to disable some (but not all) Cookies through your device or browser settings, but doing so may affect the functionality of the Service. The method for disabling Cookies may vary by device and browser, but can usually be found in preferences or security settings. For example, iOS and Android devices each have settings which are designed to limit forms of ad tracking. For flash cookies, you can manage your privacy settings. Please note that changing any of these settings does not prevent the display of all advertisements to you.
Log Data: When you visit the Site and Application, whether as a Member or a non-registered user just browsing (any of these, an “Qbitser User”), our servers automatically record information that your browser sends whenever you visit a website (“Log Data”). This Log Data may include information such as your computer's Internet Protocol (“IP”) address, browser type or the webpage you were visiting before you came to our Site and Application, pages of our Site and Application that you visit, the time spent on those pages, information you search for on our Site and Application, access times and dates, and other statistics. We use this information to monitor and analyze use of the Site, Application and the Service and for the Site and Application's technical administration, to increase our Site and Application's functionality and user-friendliness, and to better tailor our Site and Application to our visitors' needs. We also use this information to verify that visitors to the Site meet the criteria required to process their requests. We do not treat Log Data as Personal Information or use it in association with other Personal Information, though we may aggregate, analyze and evaluate such information for the same purposes as stated above regarding other Non-Identifying Information.
Web Beacons: Our Site and Application may contain electronic images known as Web beacons (sometimes called single-pixel gifs) and are used along with cookies to compile aggregated statistics to analyze how our Site and Application are used and may be used in some of our emails to let us know which emails and links have been opened by recipients. This allows us to gauge the effectiveness of our customer communications and marketing campaigns.
Phishing: Identity theft and the practice currently known as “phishing” are of great concern to Qbitser. Safeguarding information to help protect you from identity theft is a top priority. We do not and will not, at any time, request your credit card information, your Qbitser Account ID, login password, or national identification numbers in a non-secure or unsolicited email or telephone communication. For more information about phishing, visit the Federal Trade Commission's website at http://www.ftc.gov.
Controlling Your Personal Data: Other users may be able to identify you, or associate you with your account, if you include personal information in the content you post publicly. You can reduce the risk of being personally identified by using the Service pseudonymously, though doing so could detract from the credibility of your contributions to the Service. Users can also use the Find Friends feature to find one another based on their names or email addresses.
Please also note that the messages you send or receive using the Service are only private to the extent that both you and the person you are communicating with keep them private. For example, if you send a message to another user, that user may choose to publicly post it. Also, Qbitser may access and disclose such messages in the course of investigations relating to use of the Service.
Termination and Qbitser Account Cancellation: We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Qbitser, and (b) deactivate or cancel your Qbitser Account. You may cancel your Qbitser Account at any time by sending an email to firstname.lastname@example.org that includes your full name and account sign-up email address. Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deletion of your password and all related information, files and Content associated with or inside your Qbitser Account (or any part thereof), including Your Content. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases. Qbitser will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
We may close your account, suspend your ability to use certain portions of the Site, and/or ban you altogether from the Site for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Site, Your Content, Site Content, or any other related information.
In the event of any termination of these Terms, whether by you or us, Sections 1, 5, 6, 10 - 14 will continue in full force and effect, including our right to use Your Content as detailed in Section 5.
Children: The Service is intended for general audiences and is not directed to children under 18. We do not knowingly collect personal information from children under 18. If you become aware that a child has provided us with personal information without parental consent, please contact us. If we become aware that a child under 18 has provided us with personal information without parental consent, we take steps to remove such information and terminate the child's account.
We 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. If we become aware that a child under 13 has provided us with Personal Information, we will delete such information from our files.
Security: We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet or via mobile device, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
California Residents Privacy Rights: Qbitser does not disclose your personal information to third parties for the purpose of directly marketing their services to you unless you first agree to such disclosure. If you have any questions regarding this policy, or would like to change your preferences, you may contact us at the address listed above in Section 8.
IF YOU ENABLE AUTOMATIC PAYMENTS OF YOUR RENT VIA THE SERVICES, THEN Qbitser WILL CHARGE YOU ON A MONTHLY BASIS (OR SUCH PERIOD OF TIME YOU HAVE SELECTED FOR RECURRING RENT PAYMENTS) IN THE AMOUNT(S) YOU HAVE DESIGNATED IN YOUR ACCOUNT.
THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH LANDLORDS MAY CREATE ADVERTISEMENTS AND RENTERS MAY BROWSE AND CONNECT WITH LANDLORDS SUCH ADVERTISEMENTS. YOU UNDERSTAND AND AGREE THAT Qbitser IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN LANDLORDS AND RENTERS, NOR IS Qbitser A REAL ESTATE BROKER, AGENT OR INSURER. Qbitser HAS NO CONTROL OVER THE CONDUCT OF LANDLORDS, RENTERS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY ACCOMMODATIONS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
Definitions: Capitalized terms shall have the meanings set forth in this section, or in the section where they are first used.
- “Content” means text, graphics, images, music, software audio, video, information or other materials accessible through the Site, Application or Services.
- “Fee Schedule” means Qbitser’s schedule of fees for certain services available at: https://www.Qbitser.com/paymyrent/faq
- “Landlord” means a Member who creates a Advertisement via the Services.
- “Advertisement” means a rental that is listed as available for rent via the Site, Application, and Services.
- “Member” means a person who completes Qbitser's account registration process as described under “Account Registration” below.
- “Member Content” means all Content that a Member or other users of the Services, posts, uploads, publishes, submits, makes available or transmits to be made available through the Site, Application or Services.
- “Participating Landlord” means any landlord that (1) a Member identifies as its landlord; (2) to whom a Member requests that we make payment; and (3) subsequently accepts payment from us or our third party payment processor.
- “Renter” means a Member who desires to rent or lease a Advertisement.
Modification: Qbitser reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, at any time and without prior notice. When changes are made to these Terms, we will post a new copy of the Terms on the Site or via the Application, and will also update the “Last Updated Date” at the top of these Terms. If we make any material changes to the Terms, and you have registered with us to create an Qbitser Account (as defined in Section 4 below) we will also send an-email to you at the last email address you provided to us pursuant to the Terms. Any changes to the Terms will be effective immediately for new users of the Services, provided that any material changes shall be effective for Members upon the earlier of thirty (30) days after posting notice of such changes on the Site, or thirty (30) days after the dispatch of an email notice of such changes to Members. Qbitser may require you to provide consent to the updated Terms in a specified manner before any further use of the Site, Application and/or Services is permitted. If you do not agree to any change(s) after receiving notice of such change(s), you shall stop using the Site, Application and Services. Otherwise your continued use of the Site, Application or Services will constitute your acceptance of the modified Terms. PLEASE REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT TERMS.
Service as a Venue Only: The Site, Application and Services (collectively, the “Qbitser Properties”) enable Renters to browse and search Advertisements posted by Landlords. You may view Advertisements as an unregistered visitor to Qbitser Properties; however, if you wish to create a Advertisement, you must first register to create a Qbitser Account (defined below) and become a Member.
Your Content: Qbitser owns all of the content and information you post on Qbitser. When you publish content or information, it means that you are allowing everyone, including people from Qbitser, to access and use that information, and to associate it with you. We always appreciate your feedback or other suggestions about Qbitser, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Site and any Other Media the right to access Your Content in connection with their use of the Site and any Other Media. Finally, you irrevocably waive, and cause to be waived, against Qbitser and its users any claims and assertions of moral rights or attribution with respect to Your Content. By "use" we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.
Responsibility for Your Content: You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Qbitser.
You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
Advertising: Qbitser and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
Other: User Content (including any that may have been created by users employed or contracted by Qbitser) does not necessarily reflect the opinion of Qbitser. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and without notice to you. For example, we may remove a review if we believe it violates our Content Guidelines. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
Responsibility for Content: No Obligation to Pre-Screen Content. You acknowledge that Qbitser has no obligation to pre-screen Content (including, but not limited to, Member Content), although Qbitser reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Terms, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any Content you upload, transmit, distribute, post, email or otherwise make available (“Make Available”) to Qbitser (“Your Content”), including without limitation chat, text, or voice communications. In the event that Qbitser pre-screens, refuses or removes any Content, you acknowledge that Qbitser will do so for Qbitser’s benefit, not yours. Without limiting the foregoing, Qbitser shall have the right to remove any Content that violates the Terms or is otherwise objectionable.
Storage: Unless expressly agreed to by Qbitser in writing elsewhere, Qbitser has no obligation to store any of Your Content that you Make Available on Qbitser Properties. Qbitser has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of Qbitser Properties.
Safety: We do our best to keep Qbitser safe, but we cannot guarantee it. We need your help to keep Qbitser safe, which includes the following commitments by you:
- You will not post unauthorized commercial communications (such as spam) on Qbitser.
- You will not collect users' content or information, or otherwise access Qbitser, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
- You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Qbitser.
- You will not upload viruses or other malicious code.
- You will not solicit login information or access an account belonging to someone else.
- You will not bully, intimidate, or harass any user.
- You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
- You will not use Qbitser to do anything unlawful, misleading, malicious, or discriminatory.
- You will not do anything that could disable, overburden, or impair the proper working or appearance of Qbitser, such as a denial of service attack or interference with page rendering or other Qbitser functionality.
- You will not facilitate or encourage any violations of this Statement or our policies.
Registration and Account Security: Qbitser users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
- You will not provide any false personal information on Qbitser, or create an account for anyone other than yourself without permission.
- You will not create more than one personal account.
- If we disable your account, you will not create another one without our permission.
- You will not use your personal timeline primarily for your own commercial gain, and will use a Qbitser Page for such purposes.
- You will not use Qbitser if you are under 18.
- You will not use Qbitser if you are a convicted sex offender.
- You will keep your contact information accurate and up-to-date.
- You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
- You will not transfer your account (including any Page or application you administer) to anyone without first getting our written permission.
- If you select a username or similar identifier for your account or Page, we reserve the right to remove or reclaim it if we believe it is inappropriate (such as when a trademark is infringed or owner complains about a username that closely relate to a user's actual name).
Protecting Other People's Rights: We respect other people's rights, and expect you to do the same.
- You will not post content or take any action on Qbitser that infringes or violates someone else's rights or otherwise violates the law.
- We can remove any content or information you post on Qbitser if we believe that it violates this Statement or our policies.
- If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
- If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
- You will not use our copyrights or Trademarks or any confusingly similar marks, except as expressly permitted by our Brand Usage Guidelines or with our prior written permission.
- You will not post anyone's identification documents or sensitive financial information on Qbitser.
- You will not tag users or send email invitations to non-users without their consent. Qbitser offers social reporting tools to enable users to provide feedback about tagging.
Mobile and Other Devices
- We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging and data charges, will still apply.
- In the event you change or deactivate your mobile telephone number, you will update your account information on Qbitser within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
- You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on Qbitser.
We have provided some section headers for your convenience, but you should carefully read through these Community Payments Terms (the "Terms") in order to understand your rights and responsibilities, as well as ours.
Making Purchases: Funding and spending. When you make a purchase using Qbitser Payments, you agree to provide a valid funding instrument to load money into your electronic value balance. When you have successfully completed this funding transaction, we will then transfer that value to the developer offering the content you wish to purchase.
Pricing: Pay attention to the details of the transaction, because your total price may include taxes, fees, and shipping costs, all of which you are responsible for funding.
Extra terms. You may be presented with additional terms related to a specific purchase before you confirm the transaction (such as shipping terms for tangible goods). Those additional terms will also govern that transaction.
Subscriptions: If you purchase a subscription to an app or to a feature within an app, we will bill your funding instrument immediately, and then again at the beginning of each subscription period. The following terms apply for subscriptions purchased through Qbitser Payments:
- If a free trial period is offered and you do not cancel during the free trial period, you will be billed at the end of the free trial period and at the beginning of each subsequent subscription period.
- You can cancel subscriptions at any time on your Account Settings page.
- If you cancel a subscription you will still have access to the app or feature to which you subscribed before the end of the subscription period. If an app or feature you subscribed to becomes unavailable during your subscription you will not be billed at the beginning of the next subscription period.
Sponsored posts. Posts you have Sponsored are subject to our Advertising Guidelines.
Actual sale. With the sole exception of Section 1.7, below, you may only use Qbitser Payments to process a funding transaction for a legitimate, bona fide purchase of a product or service. Except as set forth below, you may not use Qbitser Payments to fund a transaction or otherwise transfer electronic value not in conjunction with a purchase.
Person-to-Person Transfer. Person-to-Person transfer of electronic value ("P2P") may be made available to you in the Messenger service at our sole discretion. If you use P2P, you consent to the following applicable risks and other terms:
- We may require that you provide more information in order to complete a transaction.
- P2P is not intended to be used for business, commercial, or merchant transactions and such use may be discontinued without notice by us at any time. We may reverse or place a hold on your transactions or place a reserve on your funds if evidence of business, commercial, or merchant use is discovered.
- If you receive and accept a P2P transfer you are liable to us for not only the payment but also any fees that may result from a later invalidation of that payment for any reason, including without limitation if you lose a claim or a chargeback, or if the payment is reversed. You agree to allow us to recover any amounts due to us by debiting from your electronic value balance. If your electronic value balance is insufficient to cover this amount, we reserve the right to charge your funding instrument or take any other legal action to collect the funds to the full extent allowed by applicable law.
- P2P use is at your sole risk and we assume no responsibility for the underlying transaction of funds, or the actions or identity of any transfer recipient or sender. Disputes regarding funds are between you and the sender of a payment. If a sender files a claim for a chargeback after a P2P transaction, we are not responsible for determining the veracity of claims or the disposition of the payment.
- Use of P2P may subject you to fees including without limitation those from third parties, such as reversal charges or other fees for insufficient funds if your attempted payment is rejected.
- P2P must be used in compliance with applicable law and may not be used in connection with any illegal or illicit transaction. If illegal or illicit transactions are reported or discovered, we reserve the right to take action including without limitation the following, without notice to you: place a hold on your transactions; place a reserve on your funds; limit your ability to use Qbitser Payments; report the activity to authorities; or deactivate your account entirely.
- Minnesota residents: To opt out of P2P, please send written notice of your choice to: Qbitser Payments Inc., 1601 Willow Rd, Menlo Park, CA, 94025. Note that opting out of P2P may affect your ability to make other transactions using Qbitser Payments.
No Warranties: You acknowledge that the products or services you may purchase are sold by merchants, not by Qbitser. WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD ON OR THROUGH Qbitser.
Funding instruments: We want to make Qbitser Payments convenient, so we allow you to fund your transactions using a number of different sources, like credit cards and debit cards, Qbitser Gift Cards, and other payment methods.
Authority: When you provide a funding instrument to us, you confirm that you are permitted to use that funding instrument. When you fund a transaction, you authorize us (and our designated payment processor) to charge the full amount to the funding instrument you designate for the transaction. You also authorize us to collect and store that funding instrument, along with other related transaction information.
Authorization. If you pay by credit or debit card, we may obtain a pre-approval from the issuer of the card for an amount, which may be as high as the full price of your purchase. We will bill your card at the time you load funds for your Qbitser Payments transaction, or shortly thereafter. If you cancel a transaction before completion, this pre-approval may result in those funds not otherwise being immediately available to you.
Failed funding: If you fund a payment by debit card and your load transaction results in an overdraft or other fee from your bank, you alone are responsible for that fee.
Qbitser Gift Cards. Qbitser Gift Cards may be used to increase your electronic value balance ("Balance") on Qbitser. You can then use this Balance on our platform as a payment method.
The following terms apply to Balances:
- If you enter the Gift Card’s PIN and click “Redeem” at www.Qbitser.com/giftcards/redeem, we will credit the Gift Card’s value to your Balance. Once you have entered the PIN on your Gift Card, the value you received can’t be restored to the original Gift Card.
- All Gift Cards converted at www.Qbitser.com/giftcards/redeem as described above will result in Balances that can be used across the platform; your Balance will be applied toward funding transactions you wish to execute, and if your Balance is insufficient to complete a transaction, we will ask you to elect an additional payment method to cover the difference. Gift Cards converted in certain games, however, may result in value that can only be used within that game, or in other games from the same developer.
- Qbitser is not a bank, so Gift Card balances are not deposits and they do not earn interest. Gift Card balances are not insured by the Federal Deposit Insurance Corporation, the Financial Services Compensation Scheme, or any other entity or insurance scheme, whether governmental or private.
- We may change the process to convert Gift Cards into electronic value, or the ways that you can use your resulting Balance, at any time as we deem necessary without prior notice to the full extent permitted by law.
- Some Qbitser Gift Cards have bonus offers. Bonus offers are open to customers who redeem a participating Qbitser Gift Card during the offer period stated on the Gift Card packaging. To obtain the bonus item, visit www.Qbitser.com/giftcards/redeem, enter the Gift Card PIN when prompted, and follow the instructions to receive your item. We will not give notice of the expiration of these bonus offers. Free gift items may vary; average retail value of items will range from approximately one to fifteen USD ($1-15). Bonus offers may not be combined with other offers and discounts, nor exchanged, nor redeemed for cash. Other terms and conditions may apply to the use of Qbitser Gift Cards and of www.Qbitser.com; see site for details.
- You may not sell your Balance or any portion thereof, nor transfer any portion thereof to anyone outside of Qbitser.
- Balances are not redeemable for any sum of money or monetary value from us unless required by law.
- Qbitser Gift Cards and Balances don't expire. However, Balances are subject to our Abandoned Property provision (Section 3.6, below).
Incompatibility: You may at some point encounter an app or feature that does not support the payment method you would prefer to use – for example, if an item or feature that you wish to purchase is priced in local currency, you won’t be able to use Credits as a payment method; however, you can select a different type of payment instrument (such as credit or debit card, or mobile operator billing).
Mobile billing. Mobile operator billing is another payment method we have made available for your convenience. If you use mobile billing as a funding instrument, you consent to the following applicable risks and other terms:
- By choosing the mobile billing payment method, you agree that we and your mobile operator may exchange information about you in order to facilitate completion or reversal of payments, resolution of disputes, provision of customer support, or other billing-related activity.
- You are responsible for any charges, fees, changes to your mobile plan service or billing, alterations to your mobile device, or any other consequence that may arise out of your use of mobile billing.
- If you use mobile billing, you are bound not only by these Terms, but also by the terms and conditions of your mobile operator.
- If you have questions about any charges or fees that appear on your mobile phone bill, you may contact your mobile provider’s customer service division.
- Sometimes, use of mobile billing in a funding transaction may lead to charges that, for various technical reasons beyond our control, cannot be refunded to you. In these cases, we have the right, but not the obligation, to issue you a courtesy credit to your electronic value Balance.
Boleto (Pre-paid): If you use boleto as a payment method, you consent to the following applicable risks and other terms:
Refunds: Due to technical limitations, we are able to provide refunds ONLY by making cash deposit into a bank account. If you make a purchase with boleto and later request a refund for any reason, you MUST have a bank account in order to receive the refund. Additionally, the name on the bank account receiving the refund deposit MUST match the name on the boleto used to make the payment.
Safety: We may delay or limit the availability of your purchase, for either safety reasons, or to make sure we possess all relevant information necessary to process the payment and deliver to you what you have paid for.
Information: You agree and consent that we will store your tax id (CNPJ/CPF). We may use your tax id to obtain additional information about you, necessary to process the payment, from the federal tax id registration database provided by the Brazilian government, via a third-party processor. We will also submit final tax documents to the Brazilian government as required.
Actions We May Take
At-will use: We may revoke your eligibility to use Qbitser Payments at any time at our sole discretion.
Inquiries. By using Qbitser Payments, you acknowledge and agree that we may make any inquiries that we consider necessary, either directly or through third parties, concerning your identity and creditworthiness.
Our right to cancel. We may cancel any transaction if we believe the transaction violates these Terms or the Statement of Rights and Responsibilities, or if we believe doing so may prevent financial loss. We may also cancel any electronic value accumulated, transferred, assigned, or sold as a result of fraudulent or illegal behavior.
Payment limitations: In order to prevent financial loss to you or to us, we may place a delay on a payment for a period of time, or limit funding instruments for a transaction, or limit your ability to make a purchase, or deactivate your account.
Sharing of information. In order to prevent financial loss to you or to us, we may contact your funding instrument issuer, law enforcement, or affected third parties (including other users) and share details of any payments you are associated with, if we believe doing so may prevent financial loss or a violation of law.
Abandoned Property: If you leave a Balance unused for the period of time set forth by your state, country, or other governing body in its unclaimed property laws, or if you delete your account and leave a Balance, or if we deactivate your account and you do not meet any conditions necessary to reinstate it within six (6) months, we may process your balance in accordance with our legal obligations, including by submitting funds associated with your Balance to the appropriate governing body as required by law.
Disputes and Reversals
Customer assistance: Subject to Sections 4.2, 4.3, 4.4, and 4.5 below, we provide various tools in our Qbitser Payments Support Center to assist you in communicating with a third party to resolve a dispute arising from a payment transaction.
No liability for spent transaction: If you enter into a transaction with a third party and have a dispute over the goods or services you purchased, we have no liability for the goods or services underlying the transaction. Our only responsibility is to handle your funding transaction. All funding transactions are final unless required by law. If you order something that becomes unavailable before it can be provided to you, you may request a refund of your funded amount.
Duty to notify us: If you believe that an unauthorized or otherwise problematic transaction has taken place under your account, you agree to notify us immediately, so that we may take action to prevent financial loss. Unless you submit the claim to us within 30 days after the charge, you will have waived, to the fullest extent permitted by law, all claims against us arising out of or otherwise related to the transaction.
Intervention: We may intervene in disputes concerning payments that may arise between you and a developer, but we have no obligation to do so.
Technical difficulties. If you experience a technical failure or interruption of service that causes your funding transaction to fail, you may request that your transaction be completed at a later time.
Special Provisions Applicable to Advertisers
Agreement to pay: When you purchase advertising or promoted posts on or through Qbitser, you agree to pay all amounts specified in the order, along with any applicable taxes.
Consent to credit check: Your order constitutes your written authorization for us to obtain your personal and/or business credit report from a credit bureau. We may obtain your credit report when you place an order, or at any time thereafter. I authorize Qbitser to make inquiries and to obtain my personal and financial Information, make inquiries and obtain information from my current and previous employers, landlords and banking institutions and I authorize my current and previous employers, landlords and banking institutions to disclose my Information to Qbitser. I further authorize Qbitser to share this information with third parties for the purpose of helping me find a landlord approval.
Security: You are responsible for maintaining the security of your advertising account, and you understand that you will be charged for any orders placed on or through your advertising account.
Direct debit. If you are making direct debit payments, you agree that we can charge you any amount that falls within the range you agreed to upon sign-up/registration. We will notify you in advance if any charge will exceed the agreed-upon range. If you want to change your preferred payment method from direct debit, you can do so from within your Qbitser Payment Settings.
Cancellation: You can cancel an advertising order at any time through our online portal, but your ads may run for several days after you notify us, and you are still responsible for paying for those ads.
Tax liability. The amounts charged to you by us, whether through your credit card or otherwise, may be subject to and include applicable taxes, including without limitation withholding taxes. It is your responsibility to remit any taxes that apply to your transactions. You agree to indemnify and hold us harmless from and against any claim arising out of your failure to do so.
Delinquent accounts: If you purchase advertising, and your payment method fails or your account is past due, we may take steps to collect past due amounts using other collection mechanisms. You agree to pay all expenses associated with such collection, including reasonable attorneys' fees. Interest will accrue on any past due amounts at the rate of the lesser of 1% per month or the lawful maximum.
Prepaid Account: You may have the option to purchase ads with a prepaid account. Amounts prepaid are non-refundable except where required by law. Qbitser is not a bank and does not offer banking services; accordingly, prepaid amounts do not earn interest, are not deposit obligations, and are not insured by the Federal Deposit Insurance Corporation, the Financial Services Compensation Scheme, or any other entity or insurance scheme, whether governmental or private.
Notices and Amendments to These Terms
Notice to you: By using Qbitser Payments service, you agree that we may communicate with you electronically any important information regarding your purchases or your account. We may also provide notices to you by posting them on our website, or by sending them to an email address or street address that you previously provided to us. Website and email notices shall be considered received by you within 24 hours of the time posted or sent; notices by postal mail shall be considered received within three (3) business days of the time sent.
Notice to us: Except as otherwise stated, you must send notices to us relating to Qbitser Payments and these Terms by email to: email@example.com
Amendment guidelines: We may update these Payments Terms at any time without notice as we deem necessary to the full extent permitted by law. The Payments Terms in place at the time you confirm a transaction will govern that transaction.
Alaska users: If you have concerns with respect to the money transmission activities conducted via this website, you may contact the Alaska Division of Banking and Securities at 907-269-8140, or by mailing state required form to 550 West 7th Avenue, Suite 1850, Anchorage, AK 99501.
California users: If you have complaints with respect to any aspect of the money transmission activities conducted via this website, you may contact the California Department of Business Oversight at its toll-free telephone number, 1-866-275-2677, by email at firstname.lastname@example.org, or by mail at Department of Business Oversight, Consumer Services, 1515K Street, Suite 200, Sacramento, CA 95814.
Colorado users: other than FDIC-insured financial institutions that conduct money transmission activities in Colorado, including the sale of money orders, transfer of funds, and other instruments for the payment of money or credit are required to be licensed by the Colorado Division of Banking pursuant to the Money Transmitters Act, Title 12, Article 52, Colorado Revised Statutes. If there are questions or concerns regarding a transaction with a licensee, please contact the Colorado Division of Banking at 303-894-7575 or by mail at: Colorado Division of Banking, 1560 Broadway, Suite 975, Denver, Colorado 80202. Consumer complaints should be in writing, providing as much detail as possible. Please include the following information. (1) The name of the institution and the name of any person(s) at the institution with whom the complainant has had contact. Include telephone number(s) and addresses. (2) A complete description of the complaint and any efforts that have been made to resolve the complaint directly with the institution. (3) Copies of any available documentation supporting the complaint and efforts toward resolution. (4) Any suggestions regarding a preferred resolution of the complaint.
Florida users: If you are a user in the State of Florida and you still have an unresolved complaint regarding Qbitser Payments Inc.'s money transmission activity after first contacting Qbitser Payments Inc., please direct your inquiry to: Florida Office of Financial Regulation, 200 E. Gaines Street, Tallahassee, FL 32399-0376, or at 1-800-848-3792.
Illinois users: If you are a user in the State of Illinois and you still have an unresolved complaint regarding Qbitser Payments Inc.'s money transmission activity after first contacting Qbitser Payments Inc., please direct your inquiry to: Illinois Department of Financial and Professional Regulation at 1-888-298-8089.
Maryland users: The Commissioner of Financial Regulation for the State of Maryland will accept all questions or complaints from Maryland residents regarding Qbitser Payments Inc., license number 9180, at Commissioner of Financial Regulation, Attention: Consumer Services Unit, 500 North Calvert Street, Suite 402, Baltimore, Maryland 21202. The Commissioner’s toll-free telephone number is: 1-888-784-0136.
Texas users: If you have a complaint, first contact the consumer assistance division of Qbitser Payments Inc. online at Qbitser Payments Support Center or through our automated toll-free Qbitser Payments customer support line at 1-866-238-8605. If you still have an unresolved complaint regarding Qbitser Payments Inc.'s money transmission or currency exchange activity, please direct your complaint to: Texas Department of Banking, 2601 North Lamar Boulevard, Austin, Texas 78705, 1-877-276-5554 (toll-free), www.dob.texas.gov.
Conflict of terms: All of the commitments you make in Qbitser Statement of Rights and Responsibilities apply to your use of Qbitser Payments. In the event of any conflict between these Terms and Qbitser Statement of Rights and Responsibilities, the Community Payments Terms shall prevail.
Conflict of laws. Some countries may restrict or prohibit your ability to make payments through Qbitser. Nothing in these Terms should be read to override or circumvent any such foreign laws.
“Us”. Without limiting Section 8.1, above, the following are the to which “us,” “we,” “our,” or “Qbitser” refer if you are a resident of or have your principal place of business in the U.S. or Canada, these Payments Terms are between you and Qbitser Payments Inc., an Illinois corporation.
About Advertisements and Other Commercial Content Served or Enhanced by Qbitser
Our goal is to deliver advertising and other commercial or sponsored content that is valuable to our users and advertisers. In order to help us do that, you agree to the following:
- You give us permission to use your name, profile picture, content, and information in connection with commercial, sponsored, or related content (such as a brand you like) served or enhanced by us. This means, for example, that you permit a business or other entity to pay us to display your name and/or profile picture with your content or information, without any compensation to you. If you have selected a specific audience for your content or information, we will respect your choice when we use it.
- We do not give your content or information to advertisers without your consent.
- You understand that we may not always identify paid services and communications as such.
Special Provisions Applicable to Advertisers: If you use our self-service advertising creation interfaces for creation, submission and/or delivery of any advertising or other commercial or sponsored activity or content (collectively, the “Self-Serve Ad Interfaces”), you agree to our Self-Serve Ad Terms. In addition, your advertising or other commercial or sponsored activity or content placed on Qbitser or our publisher network will comply with our Advertising Policy.
Special Provisions Applicable to Pages: If you create or administer a Page on Qbitser, or run a promotion or an offer from your Page, you agree to our Pages Terms.
Page Terms Data Policy
The following terms, as well as our Data Policy and Statement of Rights and Responsibilities, apply to all Pages on Qbitser. Additionally, all content on Pages must comply with our Community Standards. You are responsible for ensuring that your Page complies with all applicable laws, statutes, and regulations.
General: A Page for a brand, entity (place or organization), or public figure may be administered only by an authorized representative of that brand, entity (place or organization) or public figure (an “official Page”).
Any user may create a Page to express support for or interest in a brand, entity (place or organization), or public figure, provided that it does not mislead others into thinking it is an official Page, or violate someone's rights. If your Page is not the official Page of a brand, entity (place or organization) or public figure, you must:
- not speak in the voice of, or post content as though it was coming from, the authorized representative of the Page’s subject matter; and
- make clear that the Page is not the official Page of the brand, entity (place or organization) or public figure.
Content posted to a Page: You are required to restrict access to Pages (through our gating functionality) as necessary to comply with applicable laws and Qbitser policies, including our Community Standards. Content posted to a Page is public and viewable by everyone who can see the Page.
You may not establish terms for your Page that conflict with our Statement of Rights and Responsibilities, Data Policy or these terms.
Page Management: Page names such as Page Names and Web Addresses and Qbitser Web Addresses must accurately reflect Page Content. We may remove administrative rights or require you to change the Page name and Qbitser Web Address for any Page that fails to meet this requirement.
Page names must:
- not consist solely of generic terms (e.g., “beer” or “pizza”);
- use proper, grammatically correct capitalization and may not include all capitals, except for acronyms;
- not include character symbols, such as excessive punctuation and trademark designations;
- not include superfluous descriptions or unnecessary qualifiers;
- not mislead others into thinking it is an official Page of the Page’s subject matter or is authorized by an authorized representative of the Page’s subject matter; and
- not violate someone’s rights.
Name Changes and Migrations: We will only process name changes and migrations that do not result in a misleading or unintended connection. You may not request a name change or migration that would result in re-categorizing a product Page to a brand Page, a generic or opinion Page to a brand Page, or a Group to a Page. All migrations are at our discretion and are final.
Collection of Data: If you collect content and information directly from users, you will make it clear that you (and not Qbitser) are collecting it, and you will provide notice about and obtain user consent for your use of the content and information that you collect. Regardless of how you obtain content and information from users, you are responsible for securing all necessary permissions to reuse their content and information. You will not collect users' content or information, or otherwise access Qbitser, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission. Any data you obtain from us must comply with our Qbitser Platform Policy.
- Tagging: You must not inaccurately tag content or encourage users to inaccurately tag content (ex: don’t encourage people to tag themselves in photos if they aren’t in the photo).
- Advertising on Pages: Third-party advertisements on Pages are prohibited, without our prior permission.
- Cover: All covers are public. This means that anyone who visits your Page will be able to see your cover. Covers can't be deceptive, misleading, or infringe on anyone else's copyright. You may not encourage people to upload your cover to their personal timelines.
- Applications on Pages: Apps on your Page must comply with Qbitser Platform Policy.
Offers: If you create an offer using Qbitser’s offer creation tool, the following policies apply:
- Qbitser offers must be available for a limited time.
- You may only run an offer if you are the merchant for or the manufacturer of the product or service you are promoting.
- You must clearly and prominently disclose any restrictions on your offer (such as expiration date or limitations on redemption).
- You are solely responsible for improper redemption, fraud, disputes or other issues that arise from the distribution and/or redemption of your offer.
- If your offer may be redeemed at a merchant not operated by you, it is your sole responsibility to communicate with the merchant and ensure they honor your offer.
- You must only use the offer creation tool for its intended functionality and not to promote your website or other contact information, or to offer the equivalent of a gift card, gift certificate or stored value card.
- You are responsible for ensuring that your offer complies with these terms and all applicable laws, rules and regulations. Offers are subject to many regulations (such as alcohol discounts and offers marketed to minors) and if you are not certain that your offer complies with applicable law, consult with an expert.
Promotions: If you use Qbitser to communicate or administer a promotion (ex: a contest or sweepstakes), you are responsible for the lawful operation of that promotion, including:
- The official rules;
- Offer terms and eligibility requirements (ex: age and residency restrictions); and
- Compliance with applicable rules and regulations governing the promotion and all prizes offered (ex: registration and obtaining necessary regulatory approvals)
Promotions on Qbitser must include the following:
- A complete release of Qbitser by each entrant or participant.
- Acknowledgement that the promotion is in no way sponsored, endorsed or administered by, or associated with, Qbitser.
Promotions may be administered on Pages or within apps on Qbitser. Personal Timelines and friend connections must not be used to administer promotions (ex: “share on your Timeline to enter” or “share on your friend's Timeline to get additional entries”, and "tag your friends in this post to enter" are not permitted). We will not assist you in the administration of your promotion, and you agree that if you use our service to administer your promotion, you do so at your own risk.
Page Content: Pages promoting the private sale of regulated goods or services (including firearms, alcohol, tobacco, or adult products) must restrict access to a minimum age of 18.
- Pages that promote or facilitate online gambling, games of skill or lotteries, including online casino, sports books, bingo, or poker, are only allowed in specific countries with prior authorization from Qbitser.
- Pages must not promote the sale of prescription pharmaceuticals. Pages for online pharmacies may be permitted with prior approval from Qbitser.
- Pages must not contain false, misleading, fraudulent, or deceptive claims or content.
Amended Pages Terms for State and Local Governments in the United States
The Ad Review Process: Before ads show up on Qbitser, they’re reviewed to make sure they meet our Advertising Policies (formerly known as the "Advertising Guidelines"). Typically most ads are reviewed within 24 hours, although in some cases it may take longer.
Below are the most common reasons why ads don't pass our review.
1) Using Text in Images
Ads may not include images with text that covers more than 20% of the image's area.
The 20% text policy doesn't include:
- Pictures of products that include text on the actual product (ex: book covers, album covers, movie posters).
- Embedded text on images of games and apps.
- Cartoons where text is part of the cartoon.
The 20% text policy does include:
- Logos and slogans.
- Images with text overlay (ex: watermarks).
- Images that are clearly edited to include text on the product as a loophole to policy.
Keep in mind text will be marked even if it occupies only a small portion of a box in the grid tool.
The only thing we consider text in this image is the logo on the bottom left. The amount of text in this image exceeds our 20% policy and would not be allowed in an ad. In part, this is because using images with minimal text makes your content more engaging and helps to ensure that people only see high-quality content on Qbitser. This guideline applies to all ads, including video thumbnails. Learn more about this policy. If you still have questions about an ad of yours that was disapproved, please contact us.
2) Mentioning Qbitser in Your Ads
Sometimes you may need to refer to Qbitser in an ad. There are a few rules to remember when you do this.
- Write “Qbitser” with a capital “T”
- Display the word “Qbitser” in the same font size and style as the content surrounding it
- Use Qbitser logo in place of the word “Qbitser”
- Make Qbitser plural, use it as a verb or abbreviate it
- Use an altered version of Qbitser logo in the image for your ad
Learn more about this policy. If you have questions about an ad of yours that was wasn’t approved, please contact us.
3) Age-Restricted Material
Some ads aren’t approved because they might be trying to show photos or messages to an audience that's too young. For example, ads for alcohol must meet certain guidelines which include restrictions on age based on the targeted location's laws on alcohol ads.
Learn more about this policy. If you have questions about an ad of yours that was disapproved, please contact us.
Things You Should Know. The Advertising Policies apply to all ads and commercial content served by or purchased through Qbitser, on or off Qbitser and ads appearing within apps on Qbitser
You may be subject to additional terms or guidelines if you use certain Qbitser advertising-related products or services.
Advertisers are responsible for understanding and complying with all applicable laws and regulations. Failure to comply may result in a variety of consequences, including the cancellation of ads you have placed and termination of your account.
We do not use sensitive personal data for ad targeting. Topics you choose for targeting your ad don't reflect the personal beliefs, characteristics or values of users.
If you are managing ads on behalf of other advertisers, each advertiser or client must be managed through separate ad accounts. You must not change the advertiser or client associated with an established ad account; set up a new account. You are responsible for ensuring that each advertiser complies with our Policies.
We reserve the right to reject, approve or remove any ad for any reason, in our sole discretion, including ads that negatively affect our relationship with our users or that promote content, services, or activities, contrary to our competitive position, interests, or advertising philosophy.
For policies that require prior written permission, Qbitser may grant these permissions.
These policies are subject to change at any time without notice.
Prohibited Content: Ads must not constitute, facilitate, or promote illegal products, services or activities. Ads targeted to minors must not promote products, services, or content that are inappropriate, illegal, or unsafe, or that exploit, mislead, or exert undue pressure on the age groups targeted.
Ads must not promote the sale or use of the following:
- Illegal, prescription, or recreational drugs;
- Tobacco products and related paraphernalia;
- Unsafe supplements, as determined by Qbitser in its sole discretion;
- Weapons, ammunition, or explosives; or
- Adult products or services (except for ads for family planning and contraception).
- All ads must not violate our Community Standards. Ads must not contain any of the following:
- Content that infringes upon or violates the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights.
- Adult content. This includes nudity, depictions of people in explicit or suggestive positions, or activities that are overly suggestive or sexually provocative.
Images may not be overly sexual, imply nudity, show excessive amounts of skin or cleavage, or focus unnecessarily on body parts - even if portrayed for artistic or educational reasons.
- Avoid images that are overly sexual.
- Avoid images that are sexually suggestive
- Shocking, sensational, disrespectful, or excessively violent content.
Images that are scary, gory or sensational are not allowed as they may shock or evoke a negative response from viewers.
- Avoid images that may shock or scare viewers.
- Avoid images that are violent or confronting.
Content that asserts or implies personal attributes. This includes direct or indirect assertions or implications about a person’s race, ethnic origin, religion, beliefs, age, sexual orientation or practices, gender identity, disability, medical condition (including physical or mental health), financial status, membership in a trade union, criminal record, or name.
EXAMPLE: RACE, RELIGION, NAME
Referring to people's personal attributes is not allowed. Using the word "other" may also cause your ad to be disapproved.
- Meet Black Men today.
- Meet Christian Women.
- Personalized T-Shirts.
- Find Other Black Singles.
- Are You Christian?
Also, avoid the following:
- These statements describe a service or product. They don't describe a person.
- Avoid statements that assert or imply the race, religion or name of a person.
- Deceptive, false, or misleading content, including deceptive claims, offers, or business practices.
- Content that exploits controversial political or social issues for commercial purposes.
- Audio or flash animation that plays automatically without a person's interaction or expands within Qbitser after someone clicks on the ad.
- Non-functional landing pages. This includes landing pages that interfere with a person’s ability to navigate away from the page.
- Spyware, malware, or any software that results in an unexpected or deceptive experience. This includes links to sites containing these products.
- Bad grammar or punctuation. Symbols, numbers, and letters must be used properly.
- Images that portray nonexistent functionality.
- Images may not portray nonexistent functionality such as a "play" button that suggests video capability or a "close" button that doesn't close.
- A button that accurately describes what happens if someone clicks the ad.
- Avoid images that feature misleading elements, such as "play" buttons.
- Images that contain "before-and-after" images or images that contain unexpected or unlikely results.
- Images that emphasize an “ideal” body or body parts, or images showing unexpected or unlikely results - such as “before and after images” - are not allowed.
- This image focuses on healthy habits rather than physical attributes.
- Avoid "before and after" images.
4) Restricted Content
- Alcohol: Ads that promote or reference alcohol must: (i) Comply with all applicable local laws, required or established industry codes, guidelines, licenses and approvals and (ii) apply age and country targeting criteria consistent with Qbitser's targeting guidelines and applicable local laws.
- Dating: Ads for online dating services are only allowed with prior written permission. These must adhere to the dating targeting requirements and our dating quality guidelines found here. In order to be a registered dating partner please fill out this form to begin your application process.
- Online real money gambling/games of skill: Ads that promote or facilitate online real money gambling, real money games of skill or real money lotteries, including online real money casino, sports books, bingo, or poker, are only allowed with prior written permission.
- State lotteries: Lotteries run by government may advertise on Qbitser, provided the ads are targeted in accordance with applicable law in the jurisdiction in which the ads will be served and only target users in the jurisdiction in which the lottery is available.
- Online pharmacies: Ads for online and offline pharmacies are only permitted with prior written permission.
- Supplements: Ads that promote acceptable dietary and herbal supplements may only target users who are at least 18 years of age.
- Subscription services: Ads for subscription services, or that promote products or services that include negative options, automatic renewal, free-to-pay conversion billing products, or mobile marketing are subject to our subscription services requirements found here.
5) Video Ads
- Video ads and other dynamic ad types must comply the all of the rules listed in these Advertising Policies, including the Community Standards, as well as the below policies.
6) Prohibited content:
- Interruptive experiences: Videos and other similar ad types must not use overly disruptive tactics, such as flashing screens.
7) Entertainment related restrictions:
- Ads for movie trailers, TV shows, video game trailers, and other similar content intended for mature audiences are only allowed with prior written permission from Qbitser and must target people who are at least 18 years of age. Excessive depictions of the following content within these ads are not allowed:
- Drugs and alcohol use;
- Adult content;
- Profanity; or
- Violence and gore.
- You must not use targeting options to discriminate against, harass, provoke, or disparage users or to engage in predatory advertising practices.
- If you target your ads to custom audiences, you must comply with the applicable terms when creating an audience.
- Relevancy: All components of an ad, including any text, images, or other media, must be relevant and appropriate to the product or service being offered and the audience viewing the ad.
- Accuracy: Ads must clearly represent the company, product, service, or brand that is being advertised.
- Landing pages: Products and services promoted in the ad copy must match those promoted on the landing page, and the destination site may not offer or link to any prohibited product or service.
10) Text in Images
- Ads must not include added or excessive text that comprises more than 20% of the image.
11) Lead Ads
- Advertisers must not create Lead Ads questions to request the following types of information without our prior written permission:
The same or substantially similar information that you could use a Template Question to request;
- If we have a Template Question asking for information, you must use the Template Question rather than write your own question. For example, if you want to learn a person's age, you should use “Date of Birth,” not your own question asking, “How old are you?” or “What year were you born?”
- Including Social Security numbers, passport numbers or driver's license numbers.
- Including bank account numbers, bank routing numbers, credit or debit card numbers, credit scores, income, net worth or how much debt someone has.
- Including frequent flyer numbers, loyalty card numbers or cable/telephone account numbers.
- Including physical health, mental health, medical treatments, medical conditions or disabilities.
- Including current insurance policy numbers.
Usernames or passwords;
- Including usernames and passwords for existing and new accounts. For example, you shouldn't ask a person to create a username and set a password in your Lead Ad. If you're interested in having people sign up for an account, please consider using our “Continued Flow” option so the person can sign up through your website.
Race or ethnicity;
- For example, you shouldn't ask if the person identifies as African American, Hispanic, Asian or Caucasian.
Sexual orientation or information about the sexual life of the individual;
- Including what gender(s) the person prefers to date.
Religion or philosophical beliefs;
- For example, you shouldn't ask if the person is a Christian or if they support the death penalty.
- For example, you shouldn't ask if a person is a registered Democrat, Republican, or Independent, or whether the person supports a particular politician. Similarly, you must not ask how a person plans to vote or has voted in previous elections.
Trade Union membership status; or
- For example, you shouldn't ask if the person is in a union, or what union the person is a part of.
Criminal or arrest history;
- For example, you shouldn't ask whether a person has been charged or convicted of a crime.
12) Use of our Brand Assets
- Ads must not imply a Qbitser endorsement or partnership of any kind.
- Ads linking to Qbitser branded content (including Pages, groups, events, or sites that use Qbitser Login) may make limited reference to "Qbitser" in ad text for the purpose of clarifying the destination of the ad.
- All other ads and landing pages must not use our copyrights, Trademarks, or any confusingly similar marks, except as expressly permitted by our Brand Usage Guidelines, or with our prior written permission.
Data Use Restrictions
- Ensure any ad data collected, received or derived from your Qbitser ad (“Qbitser advertising data”) is only shared with someone acting on your behalf, such as your service provider. You are responsible for ensuring your service providers protect any Qbitser advertising data or any other information obtained from us, limit their use of all of that information, and keep it confidential and secure.
- Don’t use Qbitser advertising data for any purpose (including retargeting, commingling data across multiple advertisers’ campaigns, or allowing piggybacking or redirecting with tags), except on an aggregate and anonymous basis (unless authorized by Qbitser) and only to assess the performance and effectiveness of your Qbitser advertising campaigns.
- Don’t use Qbitser advertising data, including the targeting criteria for your ad, to build, append to, edit, influence, or augment user profiles, including profiles associated with any mobile device identifier or other unique identifier that identifies any particular user, browser, computer or device.
- Don't transfer any Qbitser advertising data (including anonymous, aggregate, or derived data) to any ad network, ad exchange, data broker or other advertising or monetization related service.
Special Provisions Applicable to Software
- If you download or use our software, such as a stand-alone software product, an app, or a browser plugin, you agree that from time to time, the software may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the software.
- You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or we give you express written permission.
- We’ll notify you before we make changes to these terms and give you the opportunity to review and comment on the revised terms before continuing to use our Services.
- If we make changes to policies, guidelines or other terms referenced in or incorporated by this Statement, we may provide notice on the Site Governance Page.
- Your continued use of Qbitser, following notice of the changes to our terms, policies or guidelines, constitutes your acceptance of our amended terms, policies or guidelines.
- If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Qbitser to you. We will notify you by email or at the next time you attempt to access your account.
- You may also delete your account or disable your application at any time. All Members may review, update, correct or delete the Personal Information in their registration profile by contacting us at email@example.com or editing the relevant part of their profile. If you would like us to cancel your Qbitser Account, please contact us and we will attempt to accommodate your request if we do not have any legal obligation or a legitimate business reason to retain the information contained in your Qbitser Account.
- You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or Qbitser exclusively in the U.S. District Court in Illinois or a state court located in Cook County, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of Illinois will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
- If anyone brings a claim against us related to your actions, content or information on Qbitser, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on Qbitser and are not responsible for the content or information users transmit or share on Qbitser. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Qbitser. We are not responsible for the conduct, whether online or offline, of any user of Qbitser.
- WE TRY TO KEEP Qbitser UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING Qbitser AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT Qbitser WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT Qbitser WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. Qbitser IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A ILLINOIS RESIDENT, YOU WAIVE ILLINOIS CIVIL CODES, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR Qbitser, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR Qbitser WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, Qbitser'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Special Provisions Applicable to Users Outside the United States
- We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with Qbitser outside the United States:
- You consent to having your personal data transferred to and processed in the United States.
- If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on Qbitser (such as advertising or payments) or operate a Platform application or website. You will not use Qbitser if you are prohibited from receiving products, services, or software originating from the United States.
- If you are a resident of or have your principal place of business in the US, this Statement is an agreement between you and Qbitser, Inc. References to “us,” “we,” and “our” mean either Qbitser, Inc., as appropriate.
- This Statement makes up the entire agreement between the parties regarding Qbitser, and supersedes any prior agreements.
- If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
- If we fail to enforce any of this Statement, it will not be considered a waiver.
- Any amendment to or waiver of this Statement must be made in writing and signed by us.
- You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
- All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- Nothing in this Statement shall prevent us from complying with the law.
- This Statement does not confer any third party beneficiary rights.
- We reserve all rights not expressly granted to you.
We give you the power to share as part of our mission to make the world more open and connected. This policy describes what information we collect and how it is used and shared. You can find additional tools and information at Privacy Basics.
What kinds of information do we collect?
Depending on which Services you use, we collect different kinds of information from or about you.
Things you do and information you provide.
We collect the content and other information you provide when you use our Services, including when you sign up for an account, create or share, and message or communicate with others. This can include information in or about the content you provide, such as the location of a photo or the date a file was created. We also collect information about how you use our Services, such as the types of content you view or engage with or the frequency and duration of your activities.
- Things others do and information they provide.
- We also collect content and information that other people provide when they use our Services, including information about you, such as when they share a photo of you, send a message to you, or upload, sync or import your contact information.
- Your networks and connections.
- We collect information about the people and groups you are connected to and how you interact with them, such as the people you communicate with the most or the groups you like to share with. We also collect contact information you provide if you upload, sync or import this information (such as an address book) from a device.
- Information about payments.
- If you use our Services for purchases or financial transactions (like when you buy something on Qbitser, make a purchase in a game, or make a donation), we collect information about the purchase or transaction. This includes your payment information, such as your credit or debit card number and other card information, and other account and authentication information, as well as billing, shipping and contact details.
- Device information.
We collect information from or about the computers, phones, or other devices where you install or access our Services, depending on the permissions you’ve granted. We may associate the information we collect from your different devices, which helps us provide consistent Services across your devices. Here are some examples of the device information we collect:
- Attributes such as the operating system, hardware version, device settings, file and software names and types, battery and signal strength, and device identifiers.
- Device locations, including specific geographic locations, such as through GPS, Bluetooth, or WiFi signals.
- Connection information such as the name of your mobile operator or ISP, browser type, language and timezone, mobile phone number and IP address.
- Information from websites and apps that use our Services.
- We collect information when you visit or use third-party websites and apps that use our Services (like when they offer our Like button or Qbitser Log In or use our measurement and advertising services). This includes information about the websites and apps you visit, your use of our Services on those websites and apps, as well as information the developer or publisher of the app or website provides to you or us.
- Information from third-party partners.
- We receive information about you and your activities on and off Qbitser from third-party partners, such as information from a partner when we jointly offer services or from an advertiser about your experiences or interactions with them.
- We receive information about you from companies that are owned or operated by Qbitser, in accordance with their terms and policies. Learn more about these companies and their privacy policies.
How we use this information
- We are passionate about creating engaging and customized experiences for people. We use all of the information we have to help us provide and support our Services.
- Provide, improve and develop Services.
- We are able to deliver our Services, personalize content, and make suggestions for you by using this information to understand how you use and interact with our Services and the people or things you’re connected to and interested in on and off our Services.
When we have location information, we use it to tailor our Services for you and others, like helping you to check-in and find local events or offers in your area or tell your friends that you are nearby.
We conduct surveys and research, test features in development, and analyze the information we have to evaluate and improve products and services, develop new products or features, and conduct audits and troubleshooting activities.
Communicating with you
- We use your information to send you marketing communications, communicate with you about our Services and let you know about our policies and terms. We also use your information to respond to you when you contact us.
- Show and measure ads and services.
- We use the information we have to improve our advertising and measurement systems so we can show you relevant ads on and off our Services and measure the effectiveness and reach of ads and services. Learn more about advertising on our Services and how you can control how information about you is used to personalize the ads you see.
Promoting safety and security
- We use the information we have to help verify accounts and activity, and to promote safety and security on and off of our Services, such as by investigating suspicious activity or violations of our terms or policies. We work hard to protect your account using teams of engineers, automated systems, and advanced technology such as encryption and machine learning. We also offer easy-to-use security tools that add an extra layer of security to your account. For more information about promoting safety on Qbitser, visit Qbitser Security Help Center.
We store data for as long as it is necessary to provide products and services to you and others, including those described above. Information associated with your account will be kept until your account is deleted, unless we no longer need the data to provide products and services.
Deleting your account
You can delete your account any time. When you delete your account, we delete things you have posted, such as your photos and status updates. If you do not want to delete your account, but want to temporarily stop using Qbitser, you may deactivate your account instead. To learn more about deactivating or deleting your account, click here. Keep in mind that information that others have shared about you is not part of your account and will not be deleted when you delete your account.
Sharing Your Content and Information
People use our Services to connect and share with others. We make this possible by sharing your information in the following ways:
- People you share and communicate with.
- When you share and communicate using our Services, you choose the audience who can see what you share. For example, when you post on Qbitser, you select the audience for the post, such as a customized group of individuals, all of your Friends, or members of a Group. Likewise, when you use Messenger, you also choose the people you send photos to or message.
Public information is any information you share with a public audience, as well as information in your Public Profile, or content you share on a Qbitser Page or another public forum. Public information is available to anyone on or off our Services and can be seen or accessed through online search engines, APIs, and offline media, such as on TV.
In some cases, people you share and communicate with may download or re-share this content with others on and off our Services. When you comment on another person’s post or like their content on Qbitser, that person decides the audience who can see your comment or like. If their audience is public, your comment will also be public.
People that see content others share about you:
- Other people may use our Services to share content about you with the audience they choose. For example, people may share a photo of you, mention or tag you at a location in a post, or share information about you that you shared with them. If you have concerns with someone’s post, social reporting is a way for people to quickly and easily ask for help from someone they trust. Learn More.
- Apps, websites and third-party integrations on or using our Services.
- When you use third-party apps, websites or other services that use, or are integrated with, our Services, they may receive information about what you post or share. For example, when you play a game with your Qbitser friends or use Qbitser Comment or Share button on a website, the game developer or website may get information about your activities in the game or receive a comment or link that you share from their website on Qbitser. In addition, when you download or use such third-party services, they can access your Public Profile, which includes your username or user ID, your age range and country/language, your list of friends, as well as any information that you share with them. Information collected by these apps, websites or integrated services is subject to their own terms and policies.
If the ownership or control of all or part of our Services or their assets changes, we may transfer your information to the new owner.
Please review your advertising preferences to understand why you’re seeing a particular ad on Qbitser. You can adjust your ad preferences if you want to control and manage your ad experience on Qbitser.
Vendors, service providers and other partners
We transfer information to vendors, service providers, and other partners who globally support our business, such as providing technical infrastructure services, analyzing how our Services are used, measuring the effectiveness of ads and services, providing customer service, facilitating payments, or conducting academic research and surveys. These partners must adhere to strict confidentiality obligations in a way that is consistent with this Data Policy and the agreements we enter into with them.
Respond to legal requests or prevent harm
We may access, preserve and share your information in response to a legal request (like a search warrant, court order or subpoena) if we have a good faith belief that the law requires us to do so. This may include responding to legal requests from jurisdictions outside of the United States where we have a good faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards. We may also access, preserve and share information when we have a good faith belief it is necessary to: detect, prevent and address fraud and other illegal activity; to protect ourselves, you and others, including as part of investigations; or to prevent death or imminent bodily harm. For example, we may provide information to third-party partners about the reliability of your account to prevent fraud and abuse on and off of our Services. Information we receive about you, including financial transaction data related to purchases made with Qbitser, may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm. We also may retain information from accounts disabled for violations of our terms for at least a year to prevent repeat abuse or other violations of our terms.
Third parties may receive information about you as follows:
- Service Providers: We may rely on third party providers to support or provide some of the services that are available through the Service, such as reservations and food delivery. We may also rely on third party providers to perform certain services for us in connection with your use of the Service, such as communications and hosting services, network security, technical and customer support, tracking and reporting functions, quality assurance testing, payment processing, our own marketing of the Service, and other functions. We may share information from or about you with these third party providers so that they can perform their services or complete your requests. These third party providers may share information with us that they obtain from or about you in connection with providing their services or completing your requests. Third party providers may also share this information with their subsidiaries, joint ventures, or other companies under common control. Some of our web pages utilize framing techniques to serve content to you from our third party providers, while preserving the look and feel of the Service. In such cases, please note that the information you provide is being provided to the third party.
- Aggregate Information: We may share user information in the aggregate with third parties, such as advertisers and content distributors. For example, we may disclose the number of users that have been exposed to, or clicked on, advertisements.
- Businesses on Qbitser: We may share information from or about you (such as your age and gender), your devices, and your use of the Service (such as which businesses you bookmark or call) with businesses listed on Qbitser. You may adjust your settings to increase or decrease the amount of information we share. You can view these settings and find more details about what information may be shared by contacting us. Keep in mind that businesses may see your Public Content (as defined in Section 1(b) above) and receive information about your transactions with them, regardless of your settings. Additionally, if you make a phone call to a business through or in connection with your use of the Service, we may share information about your call with the business that the business would have received had you called them directly, such as the date and time of your call and your phone number. You may be able to limit our ability to collect and share your phone number through your phone’s settings or phone service provider.
- Investigations: We may investigate and disclose information from or about you if we have a good faith belief that such investigation or disclosure (a) is reasonably necessary to comply with legal process and law enforcement instructions and orders, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; (b) is helpful to prevent, investigate, or identify possible wrongdoing in connection with the Service; or (c) protects our rights, reputation, property, or that of our users, affiliates, or the public, such as disclosures in connection with our Consumer Alerts program. If you flag or otherwise complain to Qbitser about content through the Service, we may share the substance of your complaint with the contributor of that content in order to provide an opportunity for the contributor to respond.
- Links: The Service may contain links to unaffiliated third party services. Except as set forth herein, we do not share your personal information with them, and are not responsible for their privacy practices. We suggest you read the privacy policies on or applicable to all such third party services.
- Third Party Accounts: If you sign up for Qbitser using a third party service like Facebook, or link your Qbitser account to your account with a third party service like Facebook or Twitter, we may receive information about you from such third party service. The Site may include links to other websites or applications (each, a "Third Party Site"). We do not control or endorse any Third Party Site. You agree that we are not responsible for the availability or contents of such Third Party Sites. Your use of Third Party Sites is at your own risk. You can also register to join by logging into online accounts you may have with third party service providers (“SNS”)(e.g. Facebook); each such account, a “Third Party Account”, via our Site or Application as described below. As part of the functionality of the Site, Service and Application, you may link your Qbitser Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to Qbitser through the Site, Service or Application; or (ii) allowing Qbitser to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Qbitser and/or grant Qbitser access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Qbitser to pay any fees or making Qbitser subject to any usage limitations imposed by the applicable SNS. If you decide to register by logging into a Third Party Account via our Site or Application, we will obtain the Personal Information you have provided to the applicable SNS (such as your "real" name, email address, profile picture, names of SNS friends, names of SNS groups to which you belong, other information you make publicly available via the applicable SNS and/or other information you authorize Qbitser to access by authorizing the SNS to provide such information) from your Third Party Accounts and use that information to create your Qbitser Account and Qbitser Account profile page and you will become a Member. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, you understand that by granting us access to the Third Party Accounts, we will access, make available and store (if applicable and as permitted by the SNS and authorized by you) the information in your Third Party Accounts so that it is available on and through your Qbitser Account on the Site, Service and Application. If there is information about your “friends” or people with whom you are associated in your Third Party Account, the information we obtain about those ”friends” or people with whom you are associated, may also depend on the privacy settings such people have with the applicable SNS.
Sharing With Third-Party Partners and Customers
We work with third party companies who help us provide and improve our Services or who use advertising or related products, which makes it possible to operate our companies and provide free services to people around the world.
Here are the types of third parties with whom we can share information about you
Advertising, Measurement and Analytics Services (Non-Personally Identifiable Information Only).
We want our advertising to be as relevant and interesting as the other information you find on our Services. With this in mind, we use all of the information we have about you to show you relevant ads. We do not share information that personally identifies you (personally identifiable information is information like name or email address that can by itself be used to contact you or identifies who you are) with advertising, measurement or analytics partners unless you give us permission. We may provide these partners with information about the reach and effectiveness of their advertising without providing information that personally identifies you, or if we have aggregated the information so that it does not personally identify you. For example, we may tell an advertiser how its ads performed, or how many people viewed their ads or installed an app after seeing an ad, or provide non-personally identifying demographic information (such as 25 year old female, in Madrid, who likes software engineering) to these partners to help them understand their audience or customers, but only after the advertiser has agreed to abide by our advertiser guidelines.
We will notify you of changes to this policy
We’ll notify you before we make changes to this policy and give you the opportunity to review and comment on the revised policy before continuing to use our Services.
How to contact Qbitser with questions
To learn more about how privacy works on Qbitser, please check out Privacy Basics. If you have questions about this policy, here’s how you can reach us: firstname.lastname@example.org
Permission to Use the Site: We grant you permission to use the Site subject to the restrictions in these Terms. Your use of the Site is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
Site Availability: The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
- You must create an account and provide certain information about yourself in order to use some of the features that are offered through the Site. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
Communications from Qbitser and other Users: By creating an account, you agree to receive certain communications in connection with the Site. For example, you might receive compliments or friend requests from other Users. You will also receive our weekly email newsletter about happenings in your neighborhood. You can opt-out of non-essential communications by emailing email@example.com.
Restrictions: We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.
You agree not to, and will not assist, encourage, or enable others to use the Site to:
- Violate our Content Guidelines, for example, by writing a fake or defamatory review, trading reviews with other businesses, or compensating someone or being compensated to write or remove a review;
- Violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
- Promote a business or other commercial venture or event, or otherwise use the Site for commercial purposes, except in connection with a Business Account and as expressly permitted by Qbitser;
- Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Site's search results or any third party website;
- Solicit personal information from minors, or submit or transmit pornography; or
- Violate any applicable law.
You also agree not to, and will not assist, encourage, or enable others to:
- Violate the Terms;
- Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content), except as expressly authorized by Qbitser;
- Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Site or any Site Content;
- Reverse engineer any portion of the Site;
- Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site or on any materials printed or copied from the Site;
- Record, process, or mine information about other users;
- Access, retrieve or index any portion of the Site for purposes of constructing or populating a searchable database of business reviews;
- Reformat or frame any portion of the Site;
- Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Qbitser's technology infrastructure or otherwise make excessive traffic demands of the Site;
- Attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means;
- Use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses");
- Use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site;
- Use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; or
- Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.
The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days' prior written notice to us by email to: firstname.lastname@example.org, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.
If you believe that your copyright or trademark is being infringed on the Site, please send us a written notice with the following information:
- Identification of the copyrighted or trademarked work that you claim has been infringed;
- Identification of the allegedly infringing content, and information reasonably sufficient to permit Qbitser to locate it on the Site (e.g., the URL for the web page on which the content appears);
- A statement by you that you have a good faith belief that the use of the content identified in your notice in the manner complained of is not authorized by the copyright/trademark owner, its agent, or the law;
- A statement by you that you attest, under penalty of perjury, that the information in your notice is accurate and that you are the copyright/trademark owner or authorized to act on the owner's behalf; and
- Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).
If you believe that your content should not have been removed for alleged copyright or trademark infringement, you may send us a written counter-notice with the following information:
- Identification of the copyrighted or trademarked work that was removed, and the location on the Site where it would have been found prior to its removal;
- A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of a mistake or misidentification. For trademark disputes only: information reasonably sufficient to explain why you believe you are not infringing the trademarked work;
- A statement that you consent either to the jurisdiction of (a) the Federal District Court for the judicial district in which your address is located if you live in the United States, or (b) any judicial district in which Qbitser is located if you live outside the United States. Please also include a statement that you will accept service of process from the person who sent the original infringement notice to Qbitser, or an agent of such person;
- Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).
We will respond to all such notices and comply with applicable law. We reserve the right to remove content alleged to be infringing without prior notice and at our sole discretion. We also reserve the right to terminate a user's account if the user is determined to be a repeat infringer.
Deals and Advertising
- If you purchase a Qbitser Deal or Gift Certificate, the terms of your purchase will be governed by Qbitser General Terms for Deals and Certificates. Please review them before you make each purchase since they may change from time to time. In the event of any conflict between Qbitser General Terms for Deals and Certificates and these Terms, Qbitser General Terms for Deals and Certificates will prevail.
- Similarly, if you create a business owner's account on the Site or purchase advertising from Qbitser, Qbitser Advertising Agreement will apply. In the event of any conflict between Qbitser Advertising Agreement and these Terms, Qbitser Advertising Agreement will prevail.
Suggestions and Improvements
- By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against Qbitser and its users any claims and assertions of any moral rights contained in such Feedback.
Use of API’S
- Some of the services made available through the Site may be subject to additional third party or open source licensing terms and disclosures, including the ones posted and incorporated herein by reference.
- You agree to indemnify, defend, and hold Qbitser, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the "Qbitser") harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Site, (ii) your violation of the Terms, (iii) any products or services purchased or obtained by you in connection with the Site, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Qbitser reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Qbitser. Qbitser will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Disclaimer and Limitations of Liability
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF Qbitser TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.
THE SITE IS MADE AVAILABLE TO YOU ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS, WITH THE EXPRESS UNDERSTANDING THAT Qbitser MAY NOT MONITOR, CONTROL, OR VET USER CONTENT. AS SUCH, YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK.
QBITSER MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR THE SITE CONTENT. ACCORDINGLY, Qbitser ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SITE'S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS ADVERTISEMENTS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT, ORDER, AND DISPLAY), OR METRICS FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SITE.
QBITSER MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SITE OR THE SITE'S USERS. ACCORDINGLY, Qbitser ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE SITE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK.
Qbitser EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SITE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF Qbitser SHALL CREATE A REPRESENTATION OR WARRANTY.
YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.
QBITSER MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SITE OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO Qbitser IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.
QBITSER DISCLAIM LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.
- We reserve the right to modify, update, or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability.
- We may provide you with notices, including those regarding changes to the Terms by email, regular mail or communications through the Site.
- Except as otherwise stated in Section 10 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
- The Terms contain the entire agreement between you and us regarding the use of the Site, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
- Any failure on Qbitser's part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
- If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
- The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with Qbitser's prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.
- The section titles in the Terms are for convenience only and have no legal or contractual effect.
Renter and Landlord Service Agreement
Qbitser also acts as a venue to allow Renters and Landlords to meet online and communicate with one another based on interest of Landlord’s Advertisements. We urge all users to be responsible about their use of the Service and any transaction entered into as a result of either Advertising their property or renting property. You acknowledge and agree that Qbitser is a not a party to any rental, lease or other agreement between users, and that Qbitser does not own, sell, resell, furnish, provide, rent, re-rent, manage or control any properties appearing in any Advertisement. As a result, any part of an actual or potential transaction between a Landlord and a Renter, including the quality, condition, safety, or legality of the Advertisements advertised (or the properties appearing therein), the truth and accuracy of the Advertisements (including the content thereof or any property or review), the ability of Landlords to rent property or the ability of Renters to pay for certain property are solely the responsibility of each user.
Qbitser CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY Advertisements AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY ADVERTISEMENTS. Qbitser IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL ADVERTISEMENTS. ACCORDINGLY, ANY CONTACT BETWEEN LANDLORDS AND RENTERS WILL BE MADE AT EACH PARTY'S OWN RISK.
Account Registration: In order to access certain features of Qbitser Properties, or to create a Advertisement, you must register to create an account (a “Qbitser Account”) and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.
We will create your Qbitser Account and your Qbitser Account profile page for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Qbitser Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Qbitser reserves the right to suspend or terminate your Qbitser Account and your access to the Site, Application and Services if you create more than one (1) Qbitser Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Qbitser Account, whether or not you have authorized such activities or actions. You will immediately notify Qbitser of any unauthorized use of your Qbitser Account.
Rental Advertisements: As a Member, you may create Advertisements. To this end, you will be asked a variety of questions about the rental property to be listed (“Rental”), including, but not limited to, the location, size, features, photos, availability of the Rental and pricing. In order to be featured in Advertisements via Qbitser Properties, all Rentals must have a valid physical address and a minimum of three photos.Advertisements will be made publicly available via Qbitser Properties, as well as on the websites and services of our third party partners. Qbitser may also place signs at the physical location of certain Advertisements in order to increase awareness of your Advertisement. Other Members will be able to view your Rental via Qbitser Properties based upon the information provided in your Advertisement.
You agree to use the most accurate, current and complete information about your Advertisement and to update such information to keep it accurate, current and complete.
You acknowledge and agree that you are responsible for any and all Advertisements you post. Accordingly, you represent and warrant that any Advertisement you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Rental included in an Advertisement you post, including, but not limited to, zoning laws and laws governing rentals of residential and other properties and (b) not conflict with the rights of third parties. Please note that Qbitser assumes no responsibility for a Landlord's compliance with any applicable laws, rules and regulations. Qbitser reserves the right, at any time and without prior notice, to remove or disable access to any Advertisement for any reason, including Advertisements that Qbitser, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
You understand and agree that Qbitser does not act as an insurer or as a contracting agent for you as a Landlord. If a Renter signs a lease with you for your Rental, any agreement you enter into with such Renter is between you and the Renter and Qbitser is not a party thereto.
Furthermore, you acknowledge and agree that Qbitser is not an insurance agent or a party to an insurance agreement between you and any other user. Qbitser does not hold any insurance policy which names you or any other user as a named insured or additional insured. In the event of any injury or damage (whether personal or property) arising under any rental agreement between you and any other user, you acknowledge that neither Qbitser, nor its own insurers, will provide you with any form of insurance coverage.
Ownership: As between you and Qbitser, you own Your Content. We own Qbitser Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Site Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world ("IP Rights") associated with Qbitser Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of Qbitser Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and Qbitser Content are retained by us.
Fees and Payment Terms: Joining the Service and searching for Advertisements is free. We do, however, charge fees for using other services, such as paying your rent via the Service (“Paid Services”). The fees we do charge for using our Paid Services are listed on our Fee Schedule (https://www.Qbitser.com/paymyrent/faq), which we may change from time to time. Changes to that schedule are effective after we provide you with at least thirty (30) days’ notice by posting the changes on the Service. We may choose to temporarily change the fees for our Services for promotional events or new services, and such changes are effective when we post the temporary promotional event or new service on the Service. You agree to pay all charges incurred by you or any users of your Qbitser Account and payment card (or other applicable payment mechanism) at the prices in effect when such charges are incurred. You must provide Qbitser with a valid credit or debit card (Visa, MasterCard, or any other issuer accepted by us) (“Payment Provider”) as a condition to signing up for the Paid Services. Your Payment Provider agreement governs your use of the designated credit or debit card, and you must refer to that agreement and not the Terms to determine your rights and liabilities. By providing Qbitser with your credit or debit card number and associated payment information, you agree that Qbitser and its third party payment processor is authorized to immediately invoice your Qbitser Account for all fees and charges due and payable to Qbitser hereunder and that no additional notice or consent is required. You also agree that you are: (i) making a bona fide rent payment (ii) authorized to use your payment card used to make a rent payment, (iii) adhering to the rules established by your Payment Provider in connection with the use of the card, and (iv) not knowingly engaging in any transaction that is illegal or that you should have known was illegal.
- You agree to immediately notify Qbitser of any change in your zip code or the credit or debit card account used for payment hereunder. Qbitser reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Services or by email delivery to you. All information that you provide to us or our third party payment processor must be accurate, current and complete. Qbitser and Qbitser’s third party processor may receive updated credit card information from your credit card issuer. The disbursement of the updated credit card information is provided to Qbitser and Qbitser’s third party payment processor at the election of your credit card issuer. NEITHER Qbitser NOR Qbitser’S THIRD PARTY PAYMENT PROCESSOR ARE RESPONSIBLE FOR THE DISTRIBUTION OF YOUR CREDIT CARD INFORMATION. IT IS AT THE SOLE ELECTION OF YOUR CREDIT CARD ISSUER. YOUR CREDIT CARD ISSUER MAY GIVE YOU THE RIGHT TO OPT OUT OF THE UPDATE SERVICE. IT IS YOUR RESPONSIBILITY TO CONTACT YOUR CREDIT CARD ISSUER WITH REGARDS TO YOUR RIGHT TO OPT OUT OF THE UPDATE SERVICE. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD(S) OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION. You will also be responsible for paying any applicable taxes relating to your purchases. Verification of information applicable to a purchase may be required prior to our acceptance of any order.
- Further Agreements of Participating Landlord. In connection with Participating Landlord’s use of Qbitser Properties or the Services, and in receiving a payment from Qbitser or Qbitser’s third party processor, Participating Landlord further agrees that: (1) it understands and agrees that it is solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to it and its use of Qbitser Properties or the Services; (2) it will comply with any applicable Payment Provider rules; (3) the relevant Payment Provider may terminate Participating Landlord’s ability to receive a payment made using that Payment Provider’s payment card; and (4) it is not and will not be violating any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax laws, rules or regulations, nor knowingly engaging in any transaction that is illegal or that Participating Landlord should have known was illegal.
- BY ENROLLING IN “PAY MY RENT” YOU UNDERSTAND AND AGREE THAT WE WILL CHARGE YOUR PAYMENT CARD ON FILE EACH MONTH THE PAYMENT AMOUNT DESIGNATED BY YOU, PLUS Qbitser’S THEN-CURRENT FEES FOR AN INDEFINITE PERIOD OF TIME, UNLESS AND UNTIL YOU CANCEL YOUR ENROLLMENT BY DESELECTING THE “PAY MY RENT” SERVICE IN YOUR Qbitser ACCOUNT SETTINGS AT LEAST TEN (10) BUSINESS DAYS PRIOR TO THE SCHEDULED PAYMENT DATE.
- Rent Payment Delivery Guarantee. As part of Qbitser’s commitment to our users, Qbitser will, as part of our “Rent Payment Delivery Guarantee” (https://www.Qbitser.com/rent-guarantee), pay late fees charged to you, up to $50 per late fee that are directly attributable to Qbitser’s failure to pay a rent payment by the due date properly scheduled by you via the Services (the “Rent Due Date”).
- While we do our best to ensure your rent payment arrives on time, we rely to the United States Postal Service to deliver your rent on time. We mail your payment four days before your rent payment is due but ultimately, it is out of our control when we put your rent check into circulation.
To qualify for a rent payment delivery guarantee claim you must:
- Submit your claim to us within 14 day of the Rent Due date.
- Provide documentation of late fees, which must include a copy of your lease agreement and a letter from your landlord indicating a late fee was assessed.
- Provide us your landlord’s information, including their name and/or business, phone number and email must be provided so we can contact your landlord as part of our claim process.
Qbitser will not honor our Rent Payment Delivery Guarantee and reimburse you a late fee:
- If your legal name is not on the legal lease agreement or you do not live at the property where your rent payment was mailed to.
- If you have your payment sent to an address that is not the landlords official business address.
- If you do not provide us the information we require in order to investigate and quickly process a refund.
- If you are not making a legitimate rent payment on an apartment, home, condo or unit (i.e. you’re paying HOA’s).
- If you are making a payment outside of the continental United States.
Late Fee Reimbursement:
- If you provide us with the required information and meet our rent payment delivery guarantee requirements, we will reimburse you up to the amount stated in your lease not to exceed $50.00 USD.
- You may only file a claim once every six months.
- Reimbursement will be made by check & payable to your landlord and sent by USPS priority mail within three business days after we conclude our claim process.
Filing a rent payment delivery guarantee Claim: If you wish to file a claim, you must email us within 14 days of the payment due date to email@example.com, with the subject 'rent payment delivery guarantee Claim'. Failure to follow our claim process can result in delays to our process, which ultimately impacts our ability to promptly reimburse you for valid late fees.
Qbitser shall not be liable, and does not accept liability for, any late fees or penalties charged to you as a result of: (i) your lack of sufficient funds or any actions or inactions of third parties, including any decision by your Payment Provider not to pay your rent; (ii) any non-compliance with the rent payment delivery guarantee process set forth above; (iii) your failure to provide Qbitser with an accurate, current and complete address for your landlord; (iv) any wrongful fees or penalties charged to you by your landlord; or (v) any act, event or occurrence beyond Qbitser’s reasonable control.
- No Endorsement. Qbitser does not endorse any Members or any Rentals. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity, or the accuracy of any Advertisement. You are responsible for determining the identity and suitability of others who you contact via Qbitser Properties.
- Mobile Text Message Services Terms. The following terms in this Section 9 apply to everyone who: (1) signs up to receive one or more SMS or MMS message and/or messages from Qbitser, or (2) sends us messages via SMS or MMS.
Landlord’s Rental Income Guarantee Agreement: If landlord chooses to purchase a Rental Income Guarantee, Landlord agrees to abide by these additional terms:
- Allow Agency to mediate on behalf of Landlord and Tenant with the goal of Tenant becoming current on rent.
- Allow Agency to establish a repayment plan approved by Landlord.
- In the event Tenant fails to honor the repayment plan, Agency shall choose an attorney to represent Landlord at Agency's cost for the purpose of evicting Tenant, Qbitser agrees to pay court filing fee to evict Tenant, Attorney’s fees, and/or any unpaid rent as it was selected by Landlord which service option landlord chooses to purchase.
- Should Landlord seek wage garnishment against Tenant, any Agency's costs to evict shall be included in wage garnishment and repayment of Agency's costs shall have priority.
Landlord further agrees to all of the following conditions of service:
- Landlord shall follow the terms of a proper lease and provide Tenant with necessary disclosures.
- Landlord must keep unit and building in good condition, addressing any service requests, reasonable Tenant issues, and violations within legal timeframe.
- Tenant must be informed that rent is due on the 1st of every month starting from the 2nd month of the lease
- If rent is not received by Landlord by the 3rd day of the month rent is due, Landlord shall inform Agency via email to: firstname.lastname@example.org, no later than the 7th of the month that rent is due and not yet paid. Please include in the email: unpaid rent amount, a copy of the lease, original signed copy of this 12 month service agreement, full name of all occupants, last known phone numbers/email addresses and any other contact information.
- Upon Agency's request, Landlord must produce evidence of Tenant's payment(s) for all months starting from the date of lease signing.
- Upon Agency's request, Landlord agrees to sign an Exclusive Rental Listing Agreement with an Agent of Agency's choosing in order to rent out the Tenant's Unit and Landlord agrees to follow all of the same terms agreed upon presently which lead to this lease signing.
- Landlord gives Agency exclusive right to find legal counsel to represent Landlord.
- Landlord must follow Landlord Tenant Ordinance laws in its jurisdiction, if any.
- Any costs and legal fees arising from Landlord's negligence, error, or violation of the Landlord Tenant Ordinance will be solely the responsibility of Landlord.
- Landlord's failure to follow the terms of this agreement will void this agreement and hold Agency harmless.
Tenant’s Landlord Approval Guarantee Agreement: If tenant/applicant chooses to purchase a Landlord Approval Guarantee, tenant/applicant agrees to abide by the additional terms of this agreement:
- In the event tenant applicant suffers from credit/background challenges, tenant may choose to participate in a Tenant’s Landlord Approval Guarantee. This guarantee is only available in states and local areas wherever permitted and is offered strictly in accordance to applicable local, state and federal laws. Qbitser may present and hold signer accountable and enforce payment of any unpaid rent or repay rent balances or costs which resulted in the tenant's failure to follow a lease agreement. Should signer choose to accepts all terms outlined in this agreement in order to secure landlord approval, signer agrees to be enrolled in one or more of the following options:
- Demand Draft (as permitted by local law)
- Check Guarantee (as permitted by local law)
- Wage Assignment (as permitted by local law)
- Wage Garnishment (as permitted by local law)
- Payee Agreement (as permitted by local law)
- Signer understands and agrees that failure to follow any part of this agreement may result in wage garnishment, judgements, criminal conviction and/or imprisonment.
When you sign up for Qbitser’s text alert program you are expressly consenting to receive text messages on behalf of Qbitser, to verify that you are human and that you are the person that created or is using your Qbitser Account (the “Text Services”).
You may opt out of the Text Services at any time by texting the word STOP to 872-529-2228 from the enrolled mobile device. If you do that, you will receive one additional message confirming that you will no longer receive messages from Qbitser regarding the verification of your identity. If you need help with our Text Services, then please email email@example.com.
We do not charge a fee for the Text Services; however, depending on your messaging plan, your mobile carrier may charge you for each message we send you or that you send us. It is your responsibility to know whether your carrier will charge you per-message costs (for instance, if you do not have an unlimited texting plan, or have exceeded your monthly quota of free messages). We assume no responsibility for charges incurred by your using the Text Services.
The Text Services may not be available in all areas at all times. SMS/MMS messages are distributed via a complex system of service providers and we cannot guarantee their availability or performance. This means we may not be able to successfully transmit SMS/MMS messages to you, and we have no liability for any such transmission delay or message failure. The Text Services may not work in the event of product, software, coverage, or other changes made by your wireless carrier or changes you make to your mobile device.
You must provide your own wireless device, subscribe to a wireless service on a participating mobile carrier, and be able to receive text messages using that wireless device and your carrier’s service.
- User Conduct. You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of Qbitser Properties. In connection with your use of Qbitser Properties or Services, you agree that in making a payment: you are authorized to use the payment card used to make the payment; you are adhering to the rules established by the Payment Provider in connection with the use of the card, Qbitser Properties and the Services; that the Payment Provider may terminate your ability to make the payment with that Payment Provider’s payment card; and that the payment is for a bona fide rent payment transaction. You also agree that you may not and you agree that you will not:
- violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax laws, rules or regulations nor knowingly engage in any transaction that is illegal or that you should have known was illegal;
- use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in Qbitser Properties;
- use Qbitser Properties for any commercial or other purposes that are not expressly permitted by these Terms;
- copy, store or otherwise access any information contained on Qbitser Properties for purposes not expressly permitted by these Terms;
- infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
- interfere with or damage our Qbitser Properties, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- use our Qbitser Properties to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
- use our Qbitser Properties in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to rentals in a private residence;
- "stalk" or harass any other user of our Qbitser Properties or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Qbitser Renter or Landlord;
- offer, as a Landlord, any Rental that you do not yourself own or have permission to rent as a residential or other property or that may not be rented or subleased in breach of any agreement with a third party to which you are bound;
- contact, any other user of Qbitser Properties for any purpose other than asking and answering question(s) related to Advertisements and Rentals;
- recruit or otherwise solicit any Member to join third party services or websites that are competitive to Qbitser, without Qbitser's prior written approval;
- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
- use automated scripts to collect information or otherwise interact with Qbitser Properties;
- as a Landlord, submit any Advertisement with false or misleading price information, or submit any Advertisement with a price that you do not intend to honor;
- Make Available any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
- use, display, mirror or frame the Site or Application, or any individual element within Qbitser Properties, Qbitser's name, any Qbitser trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Qbitser's express written consent;
- access, tamper with, or use non-public areas of the Site or Application, Qbitser's computer systems, or the technical delivery systems of Qbitser's providers;
- attempt to probe, scan, or test the vulnerability of any Qbitser system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Qbitser or any of Qbitser's providers or any other third party (including another user) to protect Qbitser Properties;
- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use Qbitser Properties to send altered, deceptive or false source-identifying information;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide Qbitser Properties; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
- Investigations. Qbitser reserves the right to investigate and prosecute violations of these Terms to the fullest extent of the law. Qbitser may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Qbitser has no obligation to monitor your access to or use of Qbitser Properties or to review or edit any Member Content, shall have the right to do so, in its sole discretion, and to remove or disable access to any Member Content or Your Content for any reason (or no reason), including if such Content violates these Terms or otherwise harmful to Qbitser Properties.
- Interactions with Other Users
- User Responsibility. You are solely responsible for your interactions with other users of the Services and any other parties with whom you interact through the Services; provided, however, that Qbitser reserves the right, but has no obligation, to intercede in such disputes. You agree that Qbitser will not be responsible for any liability incurred as the result of such interactions.
- Content Provided by Other Users. Qbitser Properties may contain Member Content provided by other users. Qbitser is not responsible for and does not control Member Content. Qbitser has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to Member Content. You use all Member Content and interact with other users at your own risk.
- Ownership and Licenses
- Ownership. Qbitser Properties are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that Qbitser Properties, including all associated intellectual property rights are the exclusive property of Qbitser and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying Qbitser Properties.
- Application License. Subject to your compliance with these Terms, Qbitser grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on a mobile device or computer that you own or control and run such copy of the Application solely for your own personal use. Furthermore, with respect to any App Store Sourced Application (defined below), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple Inc.’s proprietary operating system), or (ii) on devices that run the Android (Google Inc.’s proprietary operating system). Furthermore, with respect to any App Store Sourced Application accessed through or downloaded from the Apple App Store, Google Chrome Web Store, Google Play marketplace or any similar store or marketplace (each, an “App Store” and references to an App Store include the corporate entity and its subsidiaries making such App Store available to you), you agree to comply with all applicable third party terms of the relevant App Store (e.g., Apple App Store’s “Usage Rules”) (the “Usage Rules”) when using the App Store Sourced Application. Qbitser reserves all rights in the Application not expressly granted to you by these Terms.
- Proprietary Rights Notices. All trademarks, service marks, logos, trade names and any other proprietary designations of Qbitser used herein are trademarks or registered trademarks of Qbitser. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
- Updates. You understand that Qbitser Properties are evolving. As a result, Qbitser may require you to accept updates to Qbitser Properties that you have installed on your computer or mobile device. You acknowledge and agree that Qbitser may update Qbitser Properties with or without notifying you. You may need to update third-party software from time to time in order to use Qbitser Properties.
- Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to Qbitser through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that Qbitser has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Qbitser a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of Qbitser Properties.
- Links. Qbitser Properties may contain links to third-party websites or resources. You acknowledge and agree that Qbitser is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Qbitser of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
- Copyright Policy. Qbitser respects copyright law and expects its users to do the same. It is Qbitser's policy to terminate in appropriate circumstances Qbitser Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. As such, Qbitser adheres to the following notice and takedown policy, in full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.). If you believe any Member Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (hereafter a “DMCA Takedown Notice”). To be valid, a DMCA Takedown Notice must (i) be provided to Qbitser’s designated agent (“Copyright Agent”), as set forth below, and (ii) include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to be infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
- Identification of the material claimed to be infringed or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that, under penalty of perjury, the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Qbitser’s Copyright Agent to receive DMCA Takedown Notices is: firstname.lastname@example.org. For clarity, only DMCA Takedown Notices should go to the Copyright Agent; any other feedback, comments, online purchases or other communications should be directed to the applicable customer service links posted on the Service. You acknowledge that for Qbitser to be authorized to take down any content, your DMCA Takedown Notice must comply with all of the requirements of this Section.
Disclaimers. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF Qbitser PROPERTIES IS AT YOUR SOLE RISK, AND Qbitser PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. YOU ACKNOWLEDGE AND AGREE THAT Qbitser DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, RENTERS AND Landlords, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. Qbitser EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, TITLE OR NON-INFRINGEMENT. Qbitser MAKES NO WARRANTY THAT Qbitser PROPERTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. Qbitser MAKES NO WARRANTY REGARDING THE QUALITY OF ANY ADVERTISEMENT, THE SERVICES OR CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE, APPLICATION OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM Qbitser OR THROUGH Qbitser PROPERTIES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF QBITSER PROPERTIES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF Qbitser PROPERTIES, INCLUDING, BUT NOT LIMITED TO, ANY Landlords OR RENTERS. YOU UNDERSTAND THAT Qbitser DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF Qbitser PROPERTIES OR TO REVIEW OR VISIT ANY RENTALS TO VERIFY THE ACCURACY OF THE ADVERTISEMENT, ITS CONDITION OR SUITABILITY FOR HUMAN INHABITATION. Qbitser MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF Qbitser PROPERTIES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF Qbitser PROPERTIES. QBITSER EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY RENTER OR OTHER THIRD PARTY.
LIMITATIONS AND LIABILITY. NEITHER QBITSER NOR ANY OF ITS SUPPLIERS WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH QBITSER PROPERTIES, INCLUDING LOST PROFITS, LOSS OF DATA OR ANY DAMAGES OR COSTS DUE TO LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS (EXCLUDING QBITSER’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT), FROM THE USE OF OR INABILITY TO USE Qbitser PROPERTIES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF Qbitser PROPERTIES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF QBITSER PROPERTIES FROM YOUR ADVERTISEMENT OF ANY RENTAL VIA Qbitser PROPERTIES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, WHETHER OR NOT Qbitser HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL QBITSER’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF Qbitser PROPERTIES , EXCEED: (A) THE AMOUNTS YOU HAVE PAID TO Qbitser AS A RESULT OF YOUR USE OF Qbitser PROPERTIES AS A RENTER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT(S) GIVING RISE TO THE LIABILITY; (B)IF YOU ARE A LANDLORD, THE AMOUNTS PAID BY Qbitser TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT(S) GIVING RISE TO THE LIABILITY; OR (C) IN THE EVENT YOU HAVE NOT PAID Qbitser AND Qbitser HAS NOT PAID YOU, ANY AMOUNTS DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT(S) GIVING RISE TO LIABILITY, ONE HUNDRED DOLLARS ($100).. THE LIMITATIONS ON DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN QBITSER AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Indemnification. You agree to release, defend, indemnify, and hold Qbitser and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of Qbitser Properties or your violation of these Terms; (b) Your Content; (c) your interaction with any Member; or (d) your Advertisement(s).
Accessing and Downloading the Application from an App Store. The following applies to any Application accessed through or downloaded from an App Store (“App Store Sourced Application”):
- You acknowledge and agree that (i) these Terms are concluded between you and Qbitser only, and not Apple, and (ii) Qbitser, not the App Store, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Usage Rules.
- You acknowledge that the App Store has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
- Qbitser is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify the App Store, and the App Store will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, App Store will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Qbitser and the App Store, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Qbitser.
- You and Qbitser acknowledge that, as between Qbitser and the App Store, the App Store is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- You and Qbitser acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Qbitser and the App Store, Qbitser, not the App Store, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
- You and Qbitser acknowledge and agree that the App Store, and the App Store’s subsidiaries, are third party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms, the App Store will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Qbitser’s contact information for any end-user questions, complaints or claims with respect to the App Store Sourced Application is set forth below.
- Without limiting any other terms of these Terms, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.
Entire Agreement: These Terms constitute the entire and exclusive understanding and agreement between Qbitser and you regarding Qbitser Properties, and these Terms supersede and replace any and all prior oral or written understandings or agreements between the parties with respect to such subject matter.
Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without Qbitser's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Qbitser may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Notices: Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Qbitser (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. You may give notice to Qbitser at the following address: email@example.com.
Electronic Communications: The communications between you and Qbitser use electronic means, whether you visit Qbitser Properties or send Qbitser emails, or whether Qbitser posts notices on Qbitser Properties or communicates with you via email. For contractual purposes, you (1) consent to receive communications from Qbitser in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Qbitser provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
Arbitration: Class Action Waiver: Please read this Arbitration Agreement carefully. It is part of your contract with Qbitser and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER (“Arbitration Agreement”).
Applicability of Arbitration Agreement: Most customer concerns can be resolved quickly and to a customer’s satisfaction by writing to our customer service department at firstname.lastname@example.org. In the unlikely event that our customer service department is unable to resolve a complaint you may have to your satisfaction (or if we have not been able to resolve a dispute we have with you after attempting to do so informally), we each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or Application (collectively, “Disputes”) will be settled by binding individual arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
Waiver of Jury Trial: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by individual arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court.
Class action waiver: You acknowledge and agree that you and Qbitser are each waiving any right they may have to participate as a plaintiff or class member in any purported class action or representative proceeding and that the arbitrator may not otherwise preside over any form of any class or representative proceeding. Further, unless both you and Qbitser otherwise agree in writing, the arbitrator may not consolidate more than one person's claims. If this specific paragraph is held unenforceable, then the entirety of this Arbitration Agreement section will be deemed void. Except as provided in the preceding sentence, this “Arbitration Agreement” section will survive any termination of these Terms.
Arbitration Rules and Governing Law: The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at http://www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
Arbitration Initiation Process: A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at https://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015820.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Illinois and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure: Unless you and Qbitser otherwise agree, the arbitration will be conducted within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Qbitser submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision: The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorney's’ fees and expenses, to the extent provided under applicable law.
Fees: Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Qbitser will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Changes: Notwithstanding the provisions of the “Modification” section above, if Qbitser changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to email@example.com) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of Qbitser's email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Qbitser in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
Emergency Equitable Relief: Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
Waiver; Severability: The failure of Qbitser to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Qbitser. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Export Control: You may not use, export, import, or transfer Qbitser Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained Qbitser Properties, and any other applicable laws. In particular, but without limitation, Qbitser Properties may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using Qbitser Properties, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You acknowledge and agree that products, services or technology provided by Company are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Qbitser products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
Force Majeure: Qbitser shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
Information Collection and Use: Our primary goals in collecting information are to provide and improve our Site, Application, services, features and content, to administer your use of the Site and Application (together, the “Service”) and to enable our customers to enjoy and easily navigate the Site and Application.
Personally Identifiable Information: When you register with us through the Site or Application and become a Member and when you choose to post an Advertisement, or when you wish to contact another Member, we will ask you for personally identifiable information. This refers to information about you that can be used to contact or identify you (”Identity Information”). Identity Information includes, but is not limited to, your name, phone number, email address, social security number (SSN), and home postal address but does not include your credit card number or billing information.
In order to process some of your transactions through the Site and Application such as the payment of rent to a property owner or property management company, we may also ask for your credit card number and other billing information (“Billing Information”) (Billing Information and Identity Information together, “Personal Information”). If the address of an Advertisement you post matches that of your credit card billing address, that address would be considered Identity Information. Some Personal Information is required, like your name and email address, and other Personal Information is optional, like your date of birth. We reserve the right to require address confirmation in Advertisements.
We collect Personal Information in connection with your registration to join the Service. You can register to join via the Site or Application by completing the required forms.
Data collection: We also collect other information that you provide as part of registration and the administration and personalization of your Qbitser Account profile (e.g., without limitation, zip code (on its own) and individual preferences or demographic information) (“Non-Identifying Information”). We use your Personal Information (in some cases, in conjunction with your Non-Identifying Information) mainly to provide the Service, complete your transactions, and administer your inquiries.
Anonymizing your data: We may create anonymous data (i.e. data that is not associated with or linked to your Personal Information) records from Personal Information by excluding information (such as your name) that makes the data personally identifiable to you. We use this anonymous data to provide you with a better experience, to improve the quality and value of the Service and to analyze and understand how our Site, Application and Service are used. We may also use the combined information without aggregating it to serve you specifically, for instance to deliver a product to you according to your preferences or restrictions.
Marketing: We also use your Personal Information to contact you with Qbitser newsletters, marketing or promotional materials and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications or update your “Notifications” information. (See “Changing or Deleting Information”, below.) Please note that we may also use your Personal Information to contact you with information related to your use of the Service; you may not opt out of these notifications.
Qbitser Members and Users: When you create a Qbitser Account, we will set up a Qbitser Account profile page for you. Your Qbitser Account profile page will include your first name and last initial. You can select the other items of Personal Information that you wish to be included in your Qbitser Account profile page – including, but not limited to, your telephone number and email address. We will display your Profile Information in your Qbitser Account profile page publicly via the Site and Application, and, with your prior permission, on third party sites. Any information you choose to provide as part of your Profile Information will be publicly visible to all Qbitser Users and consequently should reflect how much you want other Qbitser Users to know about you. We recommend that you guard your anonymity and sensitive information and we encourage members to think carefully about what information about themselves they disclose in their profile pages. You can review and revise your Profile Information at any time.
Advertisements: If you post an Advertisement, we may publish that Advertisement publicly via the Site and Application and may enable third parties to publish your Advertisement on their websites through the use of an HTML “widget”. We may also display the geographical location of your Advertisement in the form of a map so that potential Guests can see the general area and neighborhood of your Advertisement, including your actual street address so that renters are able to get directions to your Advertisement. The information that you provide in your Advertisement will be visible to others, including anonymous visitors to the Services.
Aggregate Information and Non-Identifying Information: We may share aggregated information that does not include Personal Information and we may otherwise disclose Non-Identifying Information and Log Data with third parties for industry analysis, demographic profiling and other purposes. Any aggregated information shared in these contexts will not contain your Personal Information.
Compliance with Laws and Law Enforcement: Qbitser cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of Qbitser or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity.
We will disclose any information about you to government or law enforcement officials and to our insurance services providers as we, in our sole discretion, believe necessary to protect the property and rights of Qbitser or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity.
Security: Qbitser is very concerned with safeguarding your information. When you enter sensitive information (such as credit card number and/or social security number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL). We follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Site and Application, you can contact us.
We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored “personal data” (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on the Site and Application in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
Testimonials: With your consent we may post your testimonial on the Site and Application along with your name. If you want your testimonial removed please contact us.
Non-compete; Non-disclosure Agreement
This Agreement is made and entered into by and between Qbitser, Inc. (individually and collectively known as “Discloser”) and user (individually, a “Receiver” and collectively, (the “Receivers”). The Receiver(s) may engaged in and learn about Qbitser, it’s operations and other competitive information “Confidential Information”, and agrees not to use this confidential and proprietary information in a way that may be damaging or detrimental to Qbitser under the terms of this Agreement. The respective affiliates, partners, directors, officers, employees, representatives, agents, financing sources and advisors of each of Receiver or Discloser are collectively referred to as its respective “Agents”. In consideration of the foregoing, and the covenants and agreements set forth herein, the Receivers agree as provided in this Agreement.
“Confidential Information” means Disclosers proprietary or confidential data, documents, records, computer programs, disks and cds and other information, including those relating to its business, plans, strategies, customers, suppliers, opportunities, financial statements and information, tax returns, cost and pricing information and related matters, and the existence and content of this Agreement. Confidential Information also includes (i) any and all analyses, compilations, studies or other documents, computer programs, disks and cd's prepared by Receiver, or any of Receiver’s Agents, which contain or otherwise reflect such Confidential Information, either in its entirety or in summary form, (ii) the existence and content of any communications between the Parties or the Discussions (iii) the fact that Confidential Information has been delivered to Receiver or that Receiver has reviewed any Confidential Information, or (iv) the fact that Receiver or Discloser has expressed a possible interest in the Contemplated Transaction or that Discloser has any interest in any transaction. Confidential Information does not include information which (i) is or becomes generally available to the public or the industry in which Discloser is engaged in business, other than as a result of disclosure in violation of this Agreement, or (ii) is known to the Receiver prior to the execution hereof, or (iii) is made available to Receiver from a source other than Discloser or its Agents and not, to Receivers knowledge, in violation of Disclosers proprietary rights, or (iv) which the Discloser agrees in writing is free from such restrictions.
Receiver agrees that Receiver and its Agents shall at all times hold the Confidential Information in Confidence, and that none of them will, without the prior written consent of Discloser, disclose or divulge any of the same in any manner whatsoever, in whole or in part to anyone, including any employee of Discloser. However, Receiver may disclose or divulge the Confidential Information to those of its Agents with notification to the Discloser of the agents involved and the information provided to the agent who, in Receivers reasonable judgment, needs to know the Confidential Information in order for Receiver to evaluate the Contemplated Transaction provided that each such Agent agrees to be bound by the terms of this Agreement as a Receiver and does not breach or default under any obligation of Receiver in this Agreement. Receiver agrees that all of the Confidential Information which is provided by Discloser or its Agents is, will be and shall always remain the sole and exclusive property of Discloser.
Disclosure of Confidential Information to Receiver, or to its Agents, is for the sole purpose of permitting Receiver to review the assets, liabilities, operations and business of Discloser in order to evaluate or implement the Contemplated Transaction. The Confidential Information will be received by Receiver and its Agents solely for such purpose and for no other purpose or benefit. Neither Receiver nor its Agents will use any Confidential Information (i) in furtherance of Receivers or any other business, or (ii) to the detriment of Discloser, or (iii) in any manner competitive with Discloser.
Upon Disclosers written request, (i) Receiver will cause all Confidential Information and all copies thereof to be promptly returned to Discloser or destroyed, and any analyses, compilations, studies or other documents, computer programs, disks, and cds prepared by or for Receiver or its Agents from the Confidential Information to be destroyed, (ii) Receiver shall promptly confirm any such destruction in writing to Discloser, and (iii) unless permitted by Discloser in writing, neither Receiver nor any such person or entity receiving any of the same from Receiver shall retain any copies thereof. Notwithstanding the foregoing, Receivers legal counsel may, solely for evidentiary purposes, retain a copy of all such Confidential Information subject to the terms of this Agreement.
Neither Discloser nor its Agents make any representations or warranties as to the accuracy or completeness of any Confidential Information, and each Party expressly disclaims any and all liability of Discloser based upon such Confidential Information. Discloser or Receiver may terminate the Discussions with the other party at any time, with or without any reason. Neither party is under any obligation to negotiate or enter into the Contemplated Transaction nor, by virtue of this Agreement, any transaction with the other. No license, under any trademark, patent, copyright, and mask work protection right or any other intellectual property right, is either granted or implied by the conveying of the Confidential Information to the Receiver.
No failure or delay by either Party in exercising any right, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise of any right, power or privilege under this Agreement.
Receiver agrees that, for a period of two (2) years beginning on the date of this Agreement, neither Receiver nor any of its Agents, will, without prior written consent of Discloser: hire, solicit to hire or seek to cause to leave the employ of Discloser, (i) any employee of Discloser, or any affiliate of it, with whom Receiver has had contact, or who or whose performance became known to Receiver during the Discussions, or (ii) any executive or manager of Discloser, or contact any customer, supplier or employee of Discloser, regarding Discloser or any Confidential Information without the prior written consent of Discloser, or with intent to violate this Agreement, or interfere in the relationship of Discloser with any of its employees, agents, representatives, customers or suppliers. For purposes of this Agreement, “Customer” means any person or entity to whom Discloser provided products or services during the one (1) year period prior to the date of this Agreement.
Receiver recognizes that irreparable injury may result to Discloser and its business and property if Receiver breaches or defaults upon any of the provisions of this Agreement, and that money damages may not be a sufficient or adequate remedy for any such breach or default. Receiver, therefore, agrees that if it or its Agents should engage in any act in violation or threatened violation of any of the provisions of this Agreement, Discloser shall be entitled to seek, in addition to other remedies, damages, expenses and relief available under applicable law, a temporary restraining order, preliminary injunction and/or permanent injunction, all without bond, prohibiting Receiver and its Agents from engaging in any such act, or specifically enforcing this Agreement, as the case may be. Receiver shall not assert any claim or defense that Discloser is not being irreparably harmed, or that money damages are a sufficient remedy, or that a bond shall be required. The prevailing party in any such proceedings shall be awarded reasonable attorneys fees against the non-prevailing party.
This Agreement constitutes the entire understanding between the Parties hereto as to the Confidential Information and merges all prior discussions between them relating thereto.
No amendment or modification of this Agreement shall be valid or binding on the Parties unless made in writing and signed on behalf of each of the parties by their respective duly authorized officers or representatives.
This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois without giving effect to the principles of conflicts of laws. This Agreement may be executed in multiple counterparts, all of which together shall constitute a single agreement.
If any terms, provisions, covenant, or conditions of this Agreement, or the application thereof to any person, place, or circumstance, shall be held to be invalid, unenforceable, or void, the remainder of this Agreement and such term, provision, covenant, or condition as applied to other persons, places and circumstances shall remain in full force and effect.