Our Terms and Conditions are organized as follows:
•Your UserID and Account Profile
•Non-Confidentiality, Security and Privacy
•Rules Regarding Information and other Content
•General Rules of User Conduct
•Links to Third Party Sites
•Billing & Refund Policy
•Disclaimers of Warranty
•Limitations of Liability
•Reservation of Rights; Release and Waiver
•Copyright Notice Policy
•Entire Agreement, Changes to this Agreement and Waivers
At Qnary LLC, we empower you to shape and manage your personal digital footprint and to materially benefit from your personal data. By using Qnary, you will be in control of your personal information and who will benefit from you.
For everyone, Qnary helps in three key ways. First, Qnary aggregates and informs you about what information is out there about you. Second, Qnary helps you complete and re-shape that personal information (“Content”) so that you have the optimal digital presence to achieve your personal goals. Finally, Qnary offers you ways to make money and receive other benefits based on your personal data.
For businesses, Qnary offers a precise and effective way to deliver opportunities and benefits to the specific people you want to reach. Qnary has an easy to use interface for companies that are looking to provide people with opportunities such as trial and research participation, consulting and freelance assignments, job opportunities, invitations and offers from groups/societies, product and service trials and offers and much more with new areas being added daily. Qnary allows businesses to segment the Qnary audience to find the ideal match for specific opportunities and benefits.
Your User ID and Account Profile
You will need to register by creating an account with Qnary in order to publish Content on the Site or obtain access to certain Services, including Offers. If you choose to create an account with us, you agree to provide only accurate, complete registration information, and you will keep that information up-to-date if it changes. When you register, you will obtain unique log-in credentials (a “User ID”). Access to the Qnary Site and Services is not authorized by any other person or entity using your User ID and you are responsible for preventing such unauthorized use. Individuals and entities whose privilege to access the Site or use the Services has previously been terminated by Qnary LLC may not register for an account, nor may you designate any of those individuals to use your account on your behalf.
Qnary relies on User IDs to know whether users accessing the Site and using our Services are authorized to do so. If someone accesses our Site or Services using a User ID that we’ve issued to you, we will rely on that User ID and will assume that access has been made by you. You are solely responsible for any and all access to the Site or use of the Services by persons using your User ID. Please notify us immediately if you become aware that your User ID is being used without authorization.
Non-Confidentiality, Security and Privacy
You understand that some of the information that is aggregated on the Site or streamed from social media sites comes from public sources and is not subject to any confidentiality obligation.
Any communications between you and Qnary LLC, such as emails or other correspondence, in which you offer suggestions or comments for improving or modifying our Services will be deemed by us to be non-confidential and non-proprietary and you agree that such information may be used by us without any limitation whatsoever.
Rules Regarding Information and other Content
When you use the Site, you can publish and obtain access to various kinds of information and materials, all of which we call “Content.” Content also includes information and materials posted to the Site by you. You agree not to revise or obscure Content posted by others (including advertising and promotions authorized by Qnary LLC), and you agree not to post or use any Content in any manner that:
•Infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others.
•Violates the privacy, publicity, or other rights of third parties
•Is unlawful, defamatory, discriminatory, libelous, pornographic, obscene, abusive, threatening, harassing, hateful, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate, as determined by Qnary LLC in its sole discretion
•Is false or inaccurate, or
•Could damage our company, parent company, sister companies, affiliates, advertisers, or other parties.
Though we strive to enforce these rules with all of our Users, you may be exposed through the Site or Services to Content that violates our policies or is otherwise offensive. You may use the Site and Services at your own risk. We may, but are not obligated to, terminate User accounts and/or remove Content from the Site if we determine or suspect that those accounts or Content violate the terms of this Agreement or the applicable agreement with the offending User(s). We take no responsibility for your exposure to Content on the Site whether it violates our content policies or not.
General Rules of User Conduct
It is our goal to make the use of our Site and Services a good experience for all of our users, so you agree not to do any of the following:
•Conduct or promote any illegal activities while using the Site or Services.
•Upload, distribute or print anything that may be harmful to minors.
•Attempt to reverse engineer or jeopardize the correct functioning of the Site or Services, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site
•Attempt to gain access to secured portions of the Site or Services to which you do not possess access rights; • upload or transmit any form of virus, worm, Trojan horse, or other malicious code.
•Use the Site or Services to generate unsolicited email advertisements or spam.
•Use any automatic or manual process to search or harvest information from the Site or Services, or to interfere in any way with the proper functioning of the Site and Services; or
•Impersonate another user.
Links to Third Party Sites
Qnary.com may contain links to a number of third party websites that are not owned, operated, or controlled by Qnary LLC and over which we have no control (including Merchants’ websites). Therefore, we cannot and do not assume responsibility for the content, privacy policies, or practices of such websites or the companies that own them. Additionally, we cannot and will not censor or edit the content of any third party site. By using Qnary you expressly relieve us from any and all liability arising from your use of any third party website.
Billing & Refund Policy
Renewal fees for your subscription will automatically be charged, at the current rate, to the credit card on the first day of each successive subscription term, until you cancel your subscription. Should you choose to discontinue your subscription for any reason before expiration of the then applicable subscription term for which you have paid, your subscription will continue until the end of that term and your subscription will be cancelled at the beginning of the next term. Termination of subscription through the settings on the Qnary website or by contacting us at email@example.com. If you are an annual subscriber and choose to cancel within 180 days of when you were billed, you will be eligible to receive a prorated refund of your current year’s subscription fee. Qnary reserves the right to change the subscription terms at any time.
We may change or discontinue the Site or any of the Services at any time without prior notice. We reserve the right to terminate this Agreement at our election and for any reason, without prior notice, and this Agreement will automatically terminate in the event that you violate any of the terms and conditions set forth herein. In the event of any termination, you will immediately cease access to the Site and Services. The provisions of the sections on Disclaimers of Warranty, Limitations of Liability, Indemnity, Reservations of Rights, and Intellectual Property will survive termination of this Agreement.
Disclaimers of Warranty
We provide the Site and Services “as is”, “with all faults” and “as available”. We, our suppliers and Merchants make no express warranties or guarantees about the Site, Services or Offers.
Limitations of Liability
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF THE QNARY SITE.
IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, VENDORS, OR MERCHANTS, FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITE AND SERVICES AND/OR DEALS EXCEED THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING THE PREVIOUS ONE-YEAR. WE, OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS, SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE SITE AND SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTION, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to defend, indemnify and hold harmless Qnary LLC, its parent company, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney’s fees) arising from:
(i) Your use of and access to the Qnary Site.
(ii) Your violation of any term of these Terms of Service.
(iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right; and/or
(iv) Any claim that any Content submitted by you causes damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of Qnary.
Reservation of Rights; Release and Waiver
Qnary LLC reserves the right, but has no obligation, to monitor, or take any action Qnary LLC deems appropriate regarding disputes that you may have with other Users or any Merchants. To the extent the law permits, you release us from any claims or liability related to any Content posted on the Site and from any claims related to the conduct of any other User or any Merchants.
You are solely responsible for your interactions with Merchants and other users of the Site. You waive, and release Qnary LLC and its officers, directors, employees and agents from, any claim, liabilities, damages, or injury arising from or related to any act or omission of Merchant in connection with an Offer or the services/goods provided in connection with an Offer including, but not limited to, Merchant’s failure to comply with applicable law and/or failure to abide by the terms of an Offer.
You acknowledge and agree that we and our licensors (including, but not limited to, our Merchants) retain ownership of all intellectual property rights of any kind related to the Site and Services, including applicable copyrights, trademarks and other proprietary rights. We are not granting any license to you under any of those intellectual property rights by virtue of this Agreement, except for the limited right to use the Site and Services in accordance with this Agreement. “Qnary” and the Qnary bird logo are our trademarks. Other product and company names that are mentioned on the Site or provided as part of the Services may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you in this Agreement.
The Content on the Qnary Site, excluding all intellectual property of other sites obtained by way of linking and Content posted by our customers, is owned or licensed by Qnary LLC. This includes, without limitation, the text, software, scripts, graphics, photos, sounds, interactive features and the trademarks, service marks and logos contained therein (“Marks”). The Marks are owned or licensed to Qnary LLC, subject to copyright and other intellectual property rights under United States law, the law of the jurisdiction where you reside, and international conventions. Content provided by Qnary LLC is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Site and Services.
As between you and us, you retain any intellectual property rights in any copyrighted materials and trademarks that are contained in Content that you post to the Site. You grant us an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, worldwide license, with rights to sublicense through multiple levels of sublicensees, to reproduce, make derivative works of, translate, distribute, publicly perform and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale, otherwise commercially exploit and exercise any and all such rights, under any and all of your intellectual property rights related to the Content in any manner we choose. If you have any rights to the Content that cannot be licensed to us (such as moral rights in some countries), you unconditionally and irrevocably waive the enforcement of such rights, and all claims and causes of action of any kind against us or related to our customers and partners anywhere in the world, with respect to such rights.
Copyright Notice Policy
We respect the intellectual property of others, and we ask you to do the same. If you are a copyright owner or an owner’s agent and find Content that infringes upon your copyrights, you may submit a notification according to the Digital Millennium Copyright Act. To do so, please provide our Copyright Agent with the following information (see 17 U.S.C 512(c)(3) for further detail) in writing:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work.
(b) An identification and location on the Site of the copyrighted work that you claim has been infringed.
(c) A written statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law.
(d) Your name and contact information, such as telephone number or e-mail address; and
(e) A statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Qnary LLC’s Copyright Agent for notice of claims of copyright infringement is as follows: Qnary LLC. Attn: DMCA/Copyright Agent. 450 East 83rd Street, Apt. 18C. New York, NY 10028. firstname.lastname@example.org
You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
The communications between you and Qnary LLC use electronic means, whether you visit the Site or send us emails, or whether Qnary LLC posts notices on the Site or communicates with you via email. For contractual purposes, you:
(a) Consent to receive communications from Qnary LLC in an electronic form; and
(b) Agree that all terms and conditions, agreements, notices, disclosures, and other communications that Qnary LLC provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
This Agreement will be governed by, and construed in accordance with, the internal laws of the State of New York, without regard to its choice of laws principles. You agree to submit to personal jurisdiction in the City, County, and State of New York for such purpose. You further acknowledge that injury to Qnary LLC resulting from your violation of our terms concerning confidentiality, indemnification, and intellectual property will be of such a character that it cannot be adequately compensated by money damages and, accordingly, Qnary LLC may, in addition to pursuing its other remedies, obtain an injunction from any court having jurisdiction of the matter restraining such violation, and no bond or other security shall be required in connection with such injunction. The prevailing party shall be entitled to have all costs, fees, and expenses (including reasonable attorneys’ fees) paid in connection with the action and/or proceeding.
You and we are independent contractors, and nothing in this Agreement creates a partnership, employment relationship, or agency. There are no third-party beneficiaries of this Agreement. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be invalid. Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of this Agreement will not be considered a waiver of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
YOU AND QNARY LLC AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO QNARY MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
You represent that you are legally able to accept these Terms of Service. You affirm that you are more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. If you aren’t, you must please cease use of the Qnary Site.
Entire Agreement, Changes to this Agreement and Waivers