Qontext Terms of Use
1. User’s Acknowledgment
Qontext Inc. (referred to as “us”, “we” or “Qontext”) provides the Qontext.com site and various related services (together referred to as this “site”) subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Use”), as well as any other written agreement between us (or your company). In addition, when using particular services or materials on this site, users shall be subject to any posted guidelines or rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.
BY COMPLETING THE REGISTRATION PROCESS AND/OR USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, YOU SHOULD NOT OBTAIN SERVICES FROM THIS SITE AND YOU SHOULD EXIT THE SITE. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.
These Terms of Use are subject to change by Qontext without prior written notice at any time, in our sole discretion. You acknowledge and agree that it is your responsibility to review this site and these Terms of Use periodically and to be aware of any modifications. Your continued use of this site after such modifications will constitute your acknowledgment of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.
As used in these Terms of Use, references to our “Affiliates“ include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this site and/or its contents.
2. Privacy
Please review our Privacy Policy, which is specifically incorporated by reference into these Terms of Use.
3. Services
Qontext provides various services (The Services) available on this site including, but not limited to, Qontext Social Collaboration Platform, workplace communication and collaboration tools, and integrations with third parties services and products.
Subject to your compliance with these Terms of Use Qontext grants you a revocable, non-exclusive, nontransferable right to access and use the Service. You are solely responsible for providing, at your own expense, all equipment necessary to use the services, such as computer and Internet connectivity of reasonable capacity and reliability. You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control. You understand and agree that the services available on this site are provided “AS IS“ and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. Qontext has no obligation to provide you with support or maintenance services in connection with the services except as stated in its site or under an agreement with your company.
We reserve the sole right to suspend or discontinue the service, including any features therein, revoke your access to the service or delete your content if we believe that you are in breach of these Terms of Use, at any time with or without notice to you. We shall not be liable to you or any third party, in case we exercise such right. Modifications may include, but are not limited to changes in the pricing structure and/or the addition of fee-based services. Any new features, information relating to the service or updates or any other material provided by Qontext shall also be subject to Terms of Use. You hereby agree and authorize Qontext automatically and in good faith, to provide updates to the service, without further notice or your consent. Qontext has no obligation to provide updates.
This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. Third party products and services are not part of the service, and user acquires them directly from the third party pursuant to the contract between user and third party provider. We are not responsible or liable for third party products and/or services, errors or omissions in references to their services, or any other aspect of the content or information contained in their sites, even if we recommend the third party products or services and they are related to the our service. Reference to third parties does not imply any warranty of any kind, either express or implied and you have to make your own judgment regarding your interaction with third party sites. We have no responsibility or liability for maintenance, updates, or upgrades of third party products or services or for intellectual property infringement by third party products and services, and Qontext provides no warranty or indemnity related to third party products or services.
4. Payment of Fees
If your company subscribes to a service on this site that requires payment of a fee and If, for any reason, remains unpaid, you agree that we may, at our option, suspend or terminate your subscription to the service.
5. Users conduct on Site
Your use of the site is subject to all applicable laws and regulations. You agree not to post unlawful, threatening, harassing, defamatory, fraudulent or tortuous content (including text, communications, software, images, sounds, data) in any communications service, blogs, forums, chat room, newsgroup or other interactive service that may be available to you through this site. You agree that you will not upload, share, post, or distribute or facilitate distribution of any content that harasses or degrades individuals or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party; constitutes unauthorized or unsolicited advertising, junk or bulk email (spamming), or any other form of unauthorized solicitation, or any form of lottery or gambling.
You may not post or upload or share any content that contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party. You agree not to impersonate any person or entity, including any of our employees or representatives and we reserve the right to reject or block any user who might be an impersonation or misrepresentation of another user/ individual. You may not use any devise or software in order to interfere with user’s accounts or proper function of site or its transactions or other illegitimate means, as hacking or password mining in order to gain authorized access to site to any other systems or networks connected to the site. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. You agree not to breach the security or authentication mechanisms on the site. Users who violate systems or network security may incur criminal or civil liability.
You may not use any robot, spider, or other automatic device, program or algorithm or methodology or equivalent process to access, acquire, copy or monitor any portion of the site or its content or to obtain materials or information available through the site, unless explicitly authorized to do so.
We do not monitor, or edit the content posted by users of the service that may be available on your private network. However, the administrator of your network may remove any content that, in his/her judgment, and sole discretion, is otherwise harmful, objectionable, or inaccurate. You hereby consent to such removal and waive any claim against us arising out of such removal of content. Qontext neither endorses nor assumes any liability for the content of any material uploaded or submitted by third party users of the site In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security, including cooperating with law enforcement authorities in investigating suspected criminal violations.
6. Web site Content
For purposes of these Terms of Use, “web site content“ is defined as any information, communications and other material and services that can be viewed by users on our site, included, but not limited to, message boards, written text, chat, photos, button icons, data compilations, video, graphics, music, sounds and other original content created and or posted by Qontext. The site’s content compilation is exclusive property of Qontext and protected by copyright laws. Qontext grants you a limited, revocable, and non-exclusive license to access and make personal use of this site and its content. You agree not to copy, duplicate, sell, distribute, or in any way exploit or commercialize this site or any portion of it, except with express written consent of us.
You acknowledge and agree that all content presented to you on this site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Qontext, Inc. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site in any form or by any means without prior written permission from us and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site. You are granted a limited, revocable, and nonexclusive right to create a hyperlink of our site, on the condition that the link does not present Qontext and its services in a false, misleading, derogatory or otherwise, offensive way. You may not use any Qontext trademark, logo, or other proprietary graphic without express written permission from us.
You are only permitted to use the content as expressly authorized by us. Any unauthorized use ter-minates the license granted by Qontext. Moreover, any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
If a user of this site believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send notification to this email address legal@qontext.com immediately. The notification should include a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest, identification of the copyrighted work that you claim that it has been infringed, description of the location of the infringing material on the site, your address, telephone number and email address, a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law, a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing. Your acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, and verification, we may immediately remove the identified materials from our site without liability to you or any other party.
7. User Created Content
Users, registered users and visitors may post comments, ideas, data and documents, or any other information, as long as the materials are not illegal, defamatory, infringe intellectual property rights, invade to other people’s privacy, or are otherwise injurious to third parties. You warrant that materials you post on the site comply with these Terms of Use and our Privacy Policy.
Qontext acknowledges and agrees that the user created content and all intellectual rights vest in them shall belong to the individual user when the network is not claimed otherwise to the organization that its employees created the data and has claimed the network. The rights are transferred from the individual to the organization they represent when the organization claims the network.
The organization that claims the network, hereby grants Qontext a royalty-free license during the term of its Service to copy, transform (such as change format, resize, etc.) and store the material solely for the purposes of performing and fulfilling its rights and obligations and enable Qontext to provide the Service.
Where Qontext uses third-party services for the purposes of performing and fulfilling its rights and obligations, you consent transmitting of your content to such services as may be required.
8. Your Account
In order to access services on this site, you will require a separate account and password that can be obtained by completing our online registration which requests certain information and data. By regis-tering, you agree that all information provided is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate. You are responsible for maintain the confidentiality of your Qontext account and password and you agree to accept responsibility for all activities that occur in your account. You agree to notify Qontext immediately in case of unauthorized use or any other breach if security of your account
9. Disclaimer of Warranties
ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS“ AND “AS AVAILABLE“ BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. QONTEXT CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE, EMAILS, WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE MAKE NO WARRANTY THAT THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. QONTEXT WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
QONTEXT DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY QONTEXT SERVICES. QONTEXT DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY QONTEXT SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Qontext reserves the right, without notice to modify or change the site, or any portion of the site, and any applicable policies or terms and to interrupt the operation of the site, or any portion of it, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
10. Limitation of Liability
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE. FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY SERVICES OFFERED THROUGH THIS SITE.
11. Indemnification
You agree to defend, indemnify, and hold us and our officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
12. Storage of Material
You acknowledge that we may establish general practices and limits concerning use of the services available on our site, including without limitation the maximum disk space that will be allotted. You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this site. You acknowledge that we reserve the right to log off accounts which have not paid a subscription fee or that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
This site is not designed or intended to be used as a disaster recovery facility or as an emergency data storage facility. Although we take reasonable precautions to preserve and protect the material you upload to the site, you should not rely on the site as your only storage facility. You should preserve backup copies of any digital data, information or other materials that you have uploaded. You agree not to hold us for any damage to, any deletion of or any failure to store your files, data or Registration Data.
Uploading of user material is subject to possible space limitations. After an account is suspended or deleted the material will be archived for a period of one month.
13. Miscellaneous
Qontext reserves the right to display (on www.qontext.com) the logos of customers using the product (including the “Free” or “Foundation Trial” versions.)
14. Eligibility
Users who are aged under the age of eighteen years or any Users previously suspended or removed from the Service are not eligible to use this Service. Qontext reserves the right to terminate your account and delete any data you have uploaded, with or without notice, if it believes you are not eligible.
15. Termination of Use
You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the site with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
16. Governing Law
By visiting this site, you agree that the laws of California without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Qontext.
