SQRCODE TERMS OF SERVICE
PLEASE
READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING THE
WEBSITE. IN ORDER TO USE THIS SITE YOU MUST SIGNIFY YOUR AGREEMENT TO
THESE TERMS AND CONDITIONS.
ACCEPTANCE
OF TERMS
Welcome
to sqrcode.com (the “Website”). The
Website, the mobile optimized mini site building system service, the
smart quick response code creation service, the content management
platform service, the data tracking and analytics service (the
"Service") is owned and operated by Watch and Go, LLC, a
Florida Limited Liability Company with its principal place of
business located at3301 NE 183 Street 1505 Miami Beach, Florida 33160
(“SQRCODE”, “we,” ”us,” or “our”).Your
use of the Service is subject to these Terms of Service ("Terms").
We reserve the right to update and change these Terms from time to
time without prior notice. These Terms will also be applicable to
your use of the Service on a trial basis. By using the Service, you
accept these Terms. If you do not agree to these Terms, you are not
permitted to use the Service.
DESCRIPTION
OF SERVICE
Our
web-based Service allows users who register for an account ("Account
Holder") to create, track, manage and update an online mobile
optimized mini site, and custom smart quick response codes. Once
registered, each Account Holder receives his or her own Web Site and
may post "Content" (defined below in "YOUR RIGHTS IN
YOUR CONTENT" Section). Any new features on the Service,
including the release of new tools and resources, shall be subject to
these Terms. To use the Service, you must have access to the
Internet, either directly or through devices that access web-based
content, and you must pay any and all fees associated with such
Internet access. In addition, you must provide all equipment
necessary to make such connection to the Internet, including a
web-enabled computer or other device. The Service may include certain
communications from us, such as service announcements, administrative
messages, and the Website Newsletter. These communications are
considered part of your Website membership. You may not access the
Service by any means other than through the Service interfaces we
provide you.
REGISTRATION
To
register as an Account Holder, you must provide us with a valid email
address and other information ("Registration Data").You
will choose a password and account designation during the
registration process and you will obtain a unique Username. You are
responsible for maintaining the confidentiality of the password and
account, and for all activities that occur under your account. In
consideration of use of the Service, you agree to maintain and update
true, accurate, current and complete Registration Data. If you
provide any information that is untrue, inaccurate, not current or
incomplete, or if SQRCODE has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, we may
suspend or terminate your account and refuse any and all current or
future use of the Service or any portion thereof.
SQRCODE
reserves the right to disable or delete accounts, at it's sole
discretion, associated with users who have signed up for multiple
free accounts.
CANCELLATION
AND TERMINATION
If
you cancel the Service, your cancellation will take effect
immediately. After cancellation, you will no longer have access to
your account and we may delete all information on your account. We
accept no liability for such deleted information or content.
For
as long as we continue to offer the Services, we will provide and
seek to update, improve and expand the Service. As a result, we allow
you to access the Service as it may exist and be available on any
given day and have no other obligations, except as expressly stated
in these Terms. We may modify, replace, refuse access to, suspend or
discontinue the Service, partially or entirely, or change and modify
prices for all or part of the Services for you or for all our users
at our sole discretion. All of these changes shall be effective upon
their posting on our site or by direct communication to you unless
otherwise noted. We further reserve the right to withhold, remove and
or discard any Content available as part of your account, with or
without notice if deemed by us to be contrary to these Terms. For
avoidance of doubt, we have no obligation to store, maintain or
provide you a copy of any content that you or others provide when
using the Service.
SQCODE
PRIVACY POLICY
How
we collect, protect and use your Registration Data and certain other
information about you are contained in our Privacy Policy, which is
part of these Terms.
WEBSITE
ACCOUNT AND SECURITY
You
are responsible for maintaining the security of your account and
mobile web site, for all activities that occur or actions taken under
the account or in connection with the mobile web site. You agree to
immediately notify us in writing of any unauthorized uses of the
account or any other breaches of security. We will not be liable for
any loss or damage from your failure to comply with this security
obligation. You acknowledge and agree that under no circumstances
will we be liable, in any way, for any of your acts or omissions or
those of any third party, including damages of any kind incurred as a
result of such acts or omissions.
YOUR
RIGHTS IN YOUR CONTENT
SQRCODE
does not claim ownership of your Content, but you give us your
permission to host your Content on the Service. This permission
exists only for as long as you continue to use the Service or remain
an Account Holder.
CONTENT
AND CONDUCT RULES AND OBLIGATIONS
All
information, data, text, software, music, sound, photographs,
graphics, video, messages, goods, products, services or other
materials you post on a web site via the Service ("Content")
are the sole responsibility of the person from which such Content
originated. You are responsible for all Content that you upload,
post, transmit or otherwise make available via the Service. We do not
control the Content you post via the Service.
By
using the Service, you may be exposed to content that is offensive,
indecent or objectionable. Under no circumstances will we be liable
for your Content or the content of any third party, including, but
not limited to, any errors or omissions in your Content, or any loss
or damage of any kind incurred as a result of the use of any Content
posted, transmitted or otherwise made available via the Service. You
acknowledge that we do not pre-screen Content, but that we shall have
the right (but not the obligation) to refuse, move or delete any
Content that is available via the Service. We shall also have the
right to remove any Content that violates these Terms or is otherwise
objectionable in our sole discretion. You must evaluate, and bear all
risks associated with, the use of any Content. You may not rely on
any Content created by us. You acknowledge and agree that we may
preserve Content and may also disclose Content if required to do so
by law or in the good faith belief that such preservation or
disclosure is reasonably necessary to: (a) comply with legal process;
(b) enforce these Terms; (c) respond to claims that any Content
violates the rights of third-parties; or (d) protect our rights,
property, or personal safety and those of our users and the public.
The
technical processing and transmission of the Service, including
Content, may involve (a) transmissions over various networks; and (b)
changes to conform and adapt to technical requirements of connecting
networks or devices.
You
agree that you will not:
(a)
upload, post, transmit or otherwise make available any Content that
is unlawful, harmful, threatening, abusive, harassing, tortuous,
defamatory, vulgar, obscene, libelous, invasive of another's privacy
(up to, but not excluding any address, email, phone number, or any
other contact information without the written consent of the owner of
such information), hateful, or racially, ethnically or otherwise
objectionable;
(b)
harm minors in any way;
(c)
impersonate any person or entity, including, but not limited to: a
SQRCODE official, forum leader, guide or host, or falsely state or
otherwise misrepresent your affiliation with a person or entity;
(d)
forge headers or otherwise manipulate identifiers in order to
disguise the origin of any Content transmitted through the Service;
(e)
upload, post or otherwise transmit any Content that you do not have a
right to transmit under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and
confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
(f)
upload, post or otherwise transmit any Content that infringes any
patent, trademark, trade secret, copyright, rights of privacy or
publicity, or other proprietary rights of any party;
(g)
upload, post, or transmit unsolicited commercial email or "spam".
This includes unethical marketing, advertising, or any other practice
that is in any way connected with "spam", such as (i)
sending mass email to recipients who haven't requested email from you
or with a fake return address, (ii) promoting a site with
inappropriate links, titles, descriptions, or (iii) promoting your
site by posting multiple submissions in public forums that are
identical;
(h)
upload, post or otherwise transmit any Content that contains software
viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment;
(i)
interfere with or disrupt the Service or servers or networks
connected to the Service, or disobey any requirements, procedures,
policies or regulations of networks connected to the Service;
(j)
intentionally or unintentionally violate any applicable local, state,
national or international law, including, but not limited to,
regulations promulgated by the U.S. Securities and Exchange
Commission, any rules of any national or other securities exchange,
including without limitation, the New York Stock Exchange, the
American Stock Exchange or the NASDAQ, and any regulations having the
force of law;
(k)
"stalk" or otherwise harass another;
(l)
promote or provide instructional information about illegal
activities, promote physical harm or injury against any group or
individual, or promote any act of cruelty to animals. This may
include, without limitation, providing instructions on how to
assemble bombs, grenades and other weapons or incendiary devices;
(m)
offer for sale or sell any item, good or service that (i) violates
any applicable international, federal, state, or local law or
regulation, (ii) you do not have full power and authority under all
relevant laws and regulations to offer and sell, including all
necessary licenses and authorizations, or (iii) we determine, in our
sole discretion, is inappropriate for sale through the Service;
(n)
use the Service as a forwarding service to another web site;
(o)
solicit a third party’s
passwords or personal identifying information for unlawful or
phishing purposes;
(p)
exceed the scope of the Service that you have signed up for; for
example, by accessing and using the tools that you do not have a
right to use, or deleting, adding to, or otherwise changing other
peoples comments or Content;
(q)
upload, post or otherwise transmit any Content that is intended to
take advantage of a user. Such content may include, but is not
limited to, "get rich quick", "get paid to surf",
pyramid/MLM, or other dubious schemes.
(r)
include more than three (3) ad units per page, or any advertising
that greatly reduces the usability of the site.
(s)
upload files for the sole purpose of having them hosted by us and for
use outside of a web site created using the Service.
(t)
create a web site that provides an injurious user experience with
custom programming. Examples include, but are not limited to, extreme
flashing banners and excessive animated movement.
(u)
upload, post or otherwise transmit any Content that is adult in
nature, such as any nudity in a sexual context, any Content revealing
exposed genitalia, or any Content with adult themes.
We
retain the right to terminate any account or user who has violated
any of the above prohibitions.
FEES/PAYMENT
Features
on the Service may require payment of fees. If you elect to sign up
for these features, you shall pay all applicable fees, as described
on the Service in connection with such features selected by you. We
reserve the right to change our prices at any time. By agreeing to
these Terms, you authorize SQRCODE to be able to make any reasonable
and necessary inquiries to validate your account and financial
information.
All
fees are exclusive of all taxes, levies, or duties imposed by taxing
authorities, and you shall be responsible for payment thereof. You
agree to pay for any taxes that might be applicable to your use of
the Service and payments you make to us.
ADDITIONAL
SOFTWARE
If
you elect to download or access any additional software or third
party content made available by us through the Service, you must
agree to additional terms and conditions before you use such software
or third party content. If you do not agree to the third party’s
terms of service or license agreement, do not download the software
or content.
Your
use of any third party software or content obtained through the
Service does not transfer to you any rights, title or interest in or
to the third party software or such content beyond the terms
contained in the third party provider's terms of service or license.
LINKS
The
SQRCODE and the Service may provide, or third parties may provide,
links to other web sites or resources. Because we have no control
over such sites and resources, we are not responsible for the
availability of such external sites or resources, and we do not
endorse and are not responsible or liable for any Content,
advertising, products, or other materials on or available from such
sites or resources. We are not liable for any damage or loss caused
or alleged to be caused by or in connection with use of or reliance
on any such content, goods or services available on or through any
such site or resource.
INDEMNITY
You
agree to indemnify and hold SQRCODE, and its subsidiaries,
affiliates, officers, directors, agents, co-branders, partners and
employees, harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of
your Content, use of or connection to the Service, violation of these
Terms, or violation of any rights of another.
RESALE
OF SERVICE
You
agree not to reproduce, duplicate, copy, sell, resell or exploit any
portion of the Service without our express written permission.
INTERNATIONAL
USE
Recognizing
the global nature of the Internet, you agree to comply with all local
rules regarding online conduct and acceptable Content. Specifically,
you agree to comply with all applicable laws regarding the
transmission of technical data exported from the United States or the
country in which you reside.
GENERAL
PRACTICES REGARDING USE AND STORAGE
We
may establish general practices and limits concerning use of the
Service and may modify such practices and limits from time to time
with or without notice to you.
OUR
PROPRIETARY RIGHTS
You
acknowledge and agree that the Service and any necessary software
used in connection with the Service ("Software") contains
proprietary and confidential information that is protected by
applicable intellectual property and other laws. You further
acknowledge and agree that content contained in sponsor
advertisements or in information presented to you through the Service
or advertisers is protected by copyrights, trademarks, service marks,
patents or other proprietary rights and laws. Except as expressly
authorized by us or our advertisers, you agree not to modify, rent,
lease, loan, sell, distribute or create derivative works based on the
Service, in whole or in part.
We
do not want to receive confidential or proprietary information from
you through the Service or by email. Unless otherwise agreed in
writing by an authorized SQCODE representative, any material,
information or idea you transmit to us by any means may be
disseminated or used by us or our affiliates without compensation or
liability to you for any purpose whatsoever, including, but not
limited to, developing, manufacturing and marketing products.
However, this provision does not apply to Content (as defined
herein), or to personal information that is subject to our Privacy
Policy.
DISCLAIMER
OF WARRANTIES
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT:
(a)
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE
EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
(b)
SQRCODE IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER
INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS OR
OTHER ENTITY ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF
INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS,
UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE SERVICE, OR
OTHER INTERACTION WITH THE SERVICE. YOU ARE RESPONSIBLE FOR
MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE
ON THE SERVICE. SQRCODE DOES NOT WARRANT THAT (i) THE SERVICE WILL
MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR
RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR
OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL
MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICE WILL BE
CORRECTED.
(c)
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR INTERNET
DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY
SUCH MATERIAL.
LIMITATION
OF LIABILITY
WE
WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF SQRCODE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE
SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED
INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT
OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING
TO THE SERVICE. OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO
THE SERVICE SHALL NOT EXCEED THE AMOUNTS PAID BY YOU FOR THE PAST
THREE (3) MONTHS OF THE SERVICE IN QUESTION.
EXCLUSIONS
AND LIMITATIONS
SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO
YOU.
NOTICES
We
may provide notices to you via either email or regular mail. SQRCODE
and the Service may also provide notices of changes to these Terms or
other matters by displaying notices or links to notices to you
generally on the Service.
GOVERNING
LAW
These
Terms and the relationship between you and SQRCODE shall be governed
by the laws of the State of FLORIDA without regard to its conflict of
law provisions. You and SQRCODE agree to submit to the personal and
exclusive jurisdiction of the courts located within Florida. The
failure of SQRCODE to exercise or enforce any right or provision of
these Terms shall not constitute a waiver of such right or provision.
ENTIRE
AGREEMENT
These
Terms constitute the entire agreement between you and us and govern
your use of the Service, superseding any prior agreements (including,
but not limited to, any prior versions of these Terms). You also may
be subject to additional terms and conditions that may apply when you
use affiliate or other services, third-party content or third-party
software.
PARTIAL
INVALIDITY
If
any provisions of these Terms or incorporated documents are found by
a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to
the parties' intentions as reflected in the provision, and the other
provisions of these Terms remain in full force and effect.
CLAIMS
You
agree that regardless of any statute or law to the contrary, any
claim or cause of action arising out of or related to use of the
Service or these Terms must be filed within one (1) year after such
claim or cause of action arose or be forever barred.
TITLES
AND HEADINGS
The
section titles in these Terms are for convenience only and have no
legal or contractual effect.
VIOLATIONS
Please
report any violations of these Terms.
By
mail:
Watch
and Go LLC
3301
NE 183 Street 1505
Miami
Beach, Florida 33160
By
email:
respond@sqrcode.com
Revised
December 13, 2013. www.sqrcode.com. All Rights Reserved.