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QLIQUE.COM - Terms Of Use Agreement

This Terms of Use Agreement (“Agreement”) are the terms and conditions that constitute the legal agreement between you (“you” or “yours”) and Entermedia Corporation (“Entermedia” “we”, “our” or “us”) regarding your access to Qlique.com (the "Site") and the a social networking features accessible via the Site that allow Members (as defined below) to create Persona Profiles (defined below) to find, communicate with, and engage other Members in “collaborative entertainment” activities (collectively, the "Service"). The term “Service” includes our Site and all the features and functions offered and/or made available on, through or using our Site, as well as all Software and Content (each as defined below) on or related to our Site and/or our Service.

By using or attempting to use our Service you are confirming that you have read, understand, agree to, shall comply with and agree to be bound by all of the terms and conditions of this Agreement, including our Privacy Policy, (to review our Privacy Policy, click on the Privacy Policy link on either the “Create Account” or “Modify Account” screens) and any additional terms and conditions that we advise you shall apply to your use of particular features, functions or promotional activities (“Additional Terms”) which shall be incorporated by reference into and forms a part of this Agreement. We may refer to you in this Agreement as a “user”, whether or not you register as a member ("Member") and even if you do not take advantage of all the features and functions of our Service.

The words "use" or "using" means any time you, or any other individual, directly or indirectly, with or without the aid of a machine or device, accesses or attempts to access, interact with, use, display, view, print or copy, transmit, receive or exchange messages, data or communicate with our Service or any other user, person, firm or enterprise on or through our Service, or in any way utilizes, benefits, takes advantage of or interacts with any feature, function or service of our Service, in any way and for any purpose whatsoever. You may only use our Service in compliance with all applicable law, regulations and this Agreement.

We obtain certain information from all users of our Service and you should refer to our Privacy Policy, (to review our Privacy Policy, click on the Privacy Policy link on either the “Create Account” or “Modify Account” screens) that contains important information about your rights and disclosures relating to our collection, maintenance and use of information we obtain from you in connection with your use of our Service.

YOU MAY PRINT OUT THIS AGREEMENT AT ANY TIME, BUT WE URGE YOU TO REVIEW IT CAREFULLY AND REFER BACK TO IT ON OUR SITE OFTEN, SINCE TERMS AND CONDITIONS MAY CHANGE AND YOU SHOULD ALWAYS BE AWARE OF THE MOST CURRENT TERMS AND CONDITIONS WHICH APPLY TO YOU.

IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT, YOU SHOULD IMMEDIATELY STOP ALL USE OF OUR SERVICE AND DO NOT ATTEMPT TO USE OUR SERVICE, BECAUSE IF YOU DO YOU WILL BE AGREEING TO EVERYTHING IN THIS AGREEMENT. YOU MAY ALSO REQUEST A COPY OF THIS AGREEMENT VIA EMAIL AT: INFO@QLIQUE.COM (PLEASE INCLUDE “TERMS OF USE AGREEMENT” IN THE SUBJECT LINE OF YOUR EMAIL).

Entermedia may modify this Agreement at any time and from time to time and modifications shall be effective upon posting by Entermedia unless we provide a later effective date in our posting or other notice we may provide. If we make material changes to the terms and conditions of this Agreement we will try and provide advance notice of when these changes are effective, however, you agree to be bound to any changes to this Agreement when you use the Site or the Service after any modification becomes effective. We also reserve the right, any time and from time to time, in our discretion, to modify, suspend or discontinue all or any portions of our Service without notice and without liability to you or any other party, including termination or suspension of any user’s or Member’s access to the Service.

This Agreement includes your rights, obligations and restrictions regarding your use of the Service (including your Posting of User Generated Content, each as defined below), and Entermedia's Privacy Policy, (to review our Privacy Policy, click on the Privacy Policy link on either the “Create Account” or “Modify Account” screens). This Agreement does not cover any other services, websites, pages, transactions, relationships, activities or other things, nor any transactions or relationship you may have with any of our suppliers, advertisers, licensors, wireless or mobile carriers, internet service providers, operational service providers, promotional partners, sponsors or any other person, firm or enterprise, unless specifically stated. This Agreement also does not cover your rights or responsibilities with respect to third party content or links that may direct your browser or your connection to third party sites or pages, even if they appear on or are linked with our Site and you should refer to the terms of use and/or privacy policies that apply to these third parties since they, not us, are responsible for them.

Eligibility/Age Requirements

Membership and use of the Site is void where prohibited or restricted by law or regulation. By using the Service, you represent and warrant that all registration information you submit is truthful and accurate and you agree to maintain the accuracy of such information. You further represent and warrant that you are 16 years of age or older, and that your use of the Service does not violate any applicable law or regulation.

If you are at least 16 years old, but under the age of adulthood in the place of your residence (usually, but not always, age 18) you are deemed to be a “Minor.” As a Minor, you may only use our Service if you have the consent of a parent or legal guardian (“parent”) and your parent must agree to this Agreement themselves and on your behalf. If you are a parent registering or subscribing on behalf of a Minor, then you are agreeing to be fully responsible for the Minor and comply with and enforce compliance with this Agreement. If you are a parent and do not agree with the terms and conditions of this Agreement, do not allow or condone your Minor to use our Service. If you are a Minor, and you use our Service, you are certifying to us you have your parent’s consent and agree to be bound by and comply with this Agreement. We may require certain additional verification or confirmation of your age if you are a Minor as part of the registration process when you attempt to register to become a Member.

Term/Fees

This Agreement shall remain in full force and effect while you use the Site, the Service, and/or are a Member. You may terminate your Membership at any time, for any reason by following the instructions on the “Modify Account” page.

We reserve the right to impose charges or a fee for certain features of our Service, in our sole discretion, whether or not there is currently a fee imposed for accessing such feature. If we start charging for any feature of our Service that is currently provided at no charge, or if we modify any such existing charges or fees, we will notify users in advance and present users with the opportunity to discontinue use of that feature if they do not wish to incur the charges.

Your User ID and Persona Profile

  1. To become a Member you must complete the registration process. During registration, you will be required to create a unique user name (not your real name) and a password (each Member may only have one user name and one password associated with their Membership) which you will use thereafter to access the Service. We will refer to the unique combination of your user name and password, as well as any other unique information provided that identifies you as a Member of our Service, as your “User ID.” Your User ID is personal to you and you may not allow any others to use your User ID to access and/or use our Service under any circumstances. You are solely responsible for the confidentiality of your User ID and we are not liable for any harm caused or related to the disclosure, theft or misappropriation of all or any portion of your User ID or if someone else uses your User ID through no fault of ours, unless and until you notify us your User ID may have been compromised, misappropriated or improperly taken or used by another party. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use of your User ID or if you have any security concerns.
  2. As a Member you will have the opportunity to create a Qlique Persona Profile (“Profile”) that you will populate with information that you wish to be viewed by other Members. Because other Members will be able to view your Profile, please carefully consider the information you include. Your Profile should not include any of the following items: your telephone number(s), street addresses, your last name, or personal email addresses. Please also note that the Service is a “location-aware” service, and therefore will transmit and reveal your geographic location to other Members if you select the option to “Reveal My Location” or to “Reveal to Friends Only”. Please select and use this option carefully.

Your Use of the Service

  1. You shall use only those versions and releases of web browsers as we may require from time to time in order to ensure successful access to the Site and use our Service.
  2. You may not engage in advertising to, or solicitation of, any Member to buy or sell any products or services through the Service. Although Entermedia cannot monitor the conduct of its Members outside their use of the Service, it is also a violation of this Agreement to use any information obtained from the Service in order to harass, abuse, or harm any user or Member, or in order to contact, advertise to, solicit, or sell products or services to any user or Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Entermedia reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Entermedia deems appropriate in its sole discretion.
  3. You may not cover or obscure any banner advertisements that we might place on the page of the Site that displays your Profile, or any Site page, via HTML/CSS or any other means.
  4. Any automated use of the Site or Service, such as using scripts to add “friends”, is prohibited.
  5. You are not permitted to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate or use any Content (defined below) in violation of this Agreement or any laws or regulations, and you may only store, record, play back and download Content for which you have the necessary authorization, permissions, licenses and clearances.
  6. You may not attempt to impersonate another user or person who is not a Member, nor may you copy, modify or distribute the User Generated Content Posted (each defined below) by other Members of the Service.
  7. You may only use our Service (and any features, functions thereof and Content (defined below) contained therein) for non-commercial, personal use and for no other purpose, and your right to use our Service is not assignable or transferable to any other person or party.
  8. You agree not to authorize, encourage or allow anyone else, directly or indirectly, to do anything you are not permitted to do under this Agreement.

Proprietary Rights

Entermedia and its licensors own and retain all proprietary rights in the Site and the Service and all Content on the Site. “Content” refers to all content, audio, video, audio-visual, text, graphics, messages, newsletters in electronic or any other form, images, photographs, data, information, databases, designs, other proprietary information and materials and all copyrightable or otherwise legally protectible elements of our Service, tangible or intangible, including, without limitation, the selection, sequence, 'look and feel' and arrangement of items, as well as all copyright and other rights in Marks (defined below) or other intellectual property which you may encounter, which may be accessed and/or available from, are provided by or for your use, in connection with our Service. Except for User Generated Content (defined below) or as otherwise set forth in this Agreement, Content is either our property or owned by our licensors, suppliers, operational service providers, advertisers, business or promotional partners or sponsors and is legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and international treaties. You agree that all of these entities are third-party beneficiaries under this Agreement and both we and they can protect our respective rights and enforce this Agreement against you. Any rights not specifically granted to you by us are fully reserved by us and any unauthorized or prohibited use of our Service may subject you to civil liability, criminal prosecution, or both.

We use the term “Marks” to refer to trademarks, service marks, logos, brands and brand names, trade dress and trade names and all other distinctive identification. Marks that are not our property are used with permission. You may not alter, delete, obscure or conceal any copyright or other notices.

User Generated Content Posted On or Tranmitted Through the Service

  1. Entermedia reserves the right, in its sole discretion, to reject, refuse to post or remove any posting submitted by you via the Service. When we use the term “Post”, “Posted” or “Posting” we are referring to each and every time you submit, provide, furnish, share, message, exchange, transmit or communicate any information, ideas, images, audio-visual material, files, messages and User Generated Content (as defined below). In fact, any time you communicate or make anything available or accessible on our Service you will have “Posted” it. Parts of our Service may contain “live” and interactive community features which include group chats and message alerts that contain forum and chat services, web and mobile community features, quizzes and games, and User Generated Content sharing, messaging and communication facilities, and functions and capabilities that allow you and other Members the opportunity to Post and/or receive information in specific areas of interest.
  2. “User Generated Content” refers to Content that you Post or that is Posted using your User ID. You are solely responsible for the User Generated Content that you Post and any material or information that you transmit via the Service and acknowledge that Entermedia has no obligation to monitor User Generated Content Posted via the Service. Entermedia does not claim any ownership rights in the User Generated Content, however, you hereby grant to Entermedia the non-exclusive, fully paid, royalty-free, sublicensable, worldwide limited license to use, publicly perform, display, modify, reproduce and distribute such User Generated Content on and through the Service. This license will terminate at the time you remove such User Generated Content from the Site. You represent and warrant that: (i) you own the User Generated Content Posted by you on or through the Service and otherwise have the right to grant the license set forth above, and (ii) your User Generated Content does not violate the privacy rights, publicity rights, copyright rights, or other intellectual property rights of any person. User Generated Content does not mean or include Personal Information (as defined in our Privacy Policy), or any data and information you submit, provide or otherwise make available to us as part of registration, subscription, participation in any promotions, activities, features or functions, or that you provide or make available to a third party, unless you Post it.
  3. The following is a partial list of the kind of User Generated Content that is illegal or prohibited on the Site. You understand and agree that Entermedia may review and delete any User Generated Content that, in the sole judgment, violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any Member. Entermedia reserves the right to investigate and take appropriate legal action against anyone who violates this Agreement, including without limitation, removing the offending User Generated Content from the Service, terminating the Membership of such violators, and referral to legal authorities. Prohibited User Generated Content includes User Generated Content that, in the sole discretion of Entermedia, (i) is patently offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) harasses or advocates harassment of another person; (iii) involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"; (iv) transmits, distributes or uploads programs or materials that contain malicious code, such as viruses, time bombs, cancel bots, worms, Trojan horses, spyware or other potentially harmful programs, material, code or information; (v) promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (vi) promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; (vii) contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page); (viii) provides material that exploits individuals under the age of 18 in a sexual or violent manner, or solicits Personal Information (as defined in our Privacy Policy) from anyone under 18; (ix) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (x) solicits the User IDs or Personal Information (as defined in our Privacy Policy) of other Members for commercial or unlawful purposes from other users; (xi) involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.

Copyright Policy

You may not Post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.

Without limiting the foregoing, if you believe that your work has been Posted on the Service in a way that constitutes copyright infringement, please provide the following information directly to our Copyright Agent at Entermedia Corporation, 1500 Ardmore Boulevard, Pittsburgh, PA 15221 (pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on our Service should be sent ONLY to our designated agent):

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material(s) that you claim is infringing is located on the Service;
  • your address, telephone number, and email address;
  • a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you, made under penalty of perjury, that the information included with your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Links to Third Party Sites

From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from third parties such as our advertisers, sponsors, or promotional partners, as a result of or in connection with your use of our Service. For example, we may permit advertisers to display marketing and promotional material on our Service which we feel may be of interest to you and other users. All such communication, interaction and participation is strictly and solely between you and those third party(ies) and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and such third party(ies) or any goods or services you may purchase or obtain from any such third party(ies)).

The display of URLs, hypertext links on our Service (including within messages) or any other form of re-direction of your connection to, with or through our Service (“links”) is not an endorsement, nor do we have any obligation, responsibility or liability resulting from any links. We do not verify or have any responsibility for any other parties or websites (or their privacy policies) or for any of their goods or services even if we have a marketing, advertising or other arrangement with them. If a third party obtains information from or about you, we have no responsibility or liability for their conduct or activities. Our Privacy Policy, (to review our Privacy Policy, click on the Privacy Policy link on either the “Create Account” or “Modify Account” screens) describes how we treat Personal Information we obtain from you.

Disclaimers

OUR SERVICE IS MADE AVAILABLE "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND OR ANY GUARANTY OR ASSURANCE THE SERVICE WILL BE AVAILABLE OR PERFORM AS DESCRIBED. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ALL WARRANTIES OF TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

We are also not liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of our Service. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of our Service.

Our service has a finite and limited capacity and no systems, technology or service can operate with 100% reliability or accuracy. Consequently, you acknowledge and understand that some Postings may not be processed in a timely fashion or at all, and some features or functions of the Service may be restricted or delayed, become inoperable or not always work precisely as described or intended. You acknowledge and agree we assume and have no liability, responsibility or obligation to transmit, process, store, receive or deliver any Postings or for any failure, inaccuracy or delay thereof. Do not rely on the timeliness or performance of our Service for any transactions, Posting, messages or other communications.

Limitation On Liability

UNDER NO CIRCUMSTANCES SHALL ENTERMEDIA, ITS AFFILIATES OR PROVIDERS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SERVICE OR FROM ANY CONTENT ACCESSIBLE OR USER GENERATED CONTENT POSTED ON THE SITE OR TRANSMITTED TO MEMBERS, OR ANY INTERACTIONS BETWEEN USERS OF THE SERVICE, WHETHER ONLINE OR OFFLINE.

IN NO EVENT SHALL ENTERMEDIA, ITS AFFILIATES OR PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES, ARISING FROM OR RELATED TO YOUR USE OF THE SITE, THE SERVICE OR OTHERWISE, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ENTERMEDIA, ITS AFFILIATES AND PROVIDERS ENTIRE LIABILITY FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO ENTERMEDIA FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.

IF ANY LIMITATION ON REMEDIES, DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL REMAIN ENTITLED TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS AVAILABLE UNDER THIS AGREEMENT, AT LAW AND/OR IN EQUITY, HOWEVER, IN NO EVENT SHALL OUR LIABILITY TO YOU FOR DAMAGES OR OTHERWISE EXCEED ONE HUNDRED DOLLARS (US $100), NOTWITHSTANDING ANY CLAIM THAT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES OR CERTAIN LIMITATIONS ON DAMAGES AND REMEDIES, ACCORDINGLY SOME OF THE EXCLUSIONS AND LIMITATIONS DESCRIBED IN THIS AGREEMENT MAY NOT APPLY TO YOU.

U.S. Export Controls

Software incorporated into and used to create and operate the Service (the "Software") is subject to United States export controls. No Software may be downloaded from the Site or otherwise exported or re-exported (i) in violation of U.S. export laws, (ii) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (iii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals, the U.S. Commerce Department's Table of Deny Orders or similar restricted list. By using the Service you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Disputes

You agree if you have a dispute with us or are dissatisfied with any aspect of our Service or any of the terms and conditions of this Agreement, termination of your Membership and your use of our Service is your sole right and exclusive remedy, even if that right or remedy is deemed to fail of its essential purpose. You acknowledge and agree we have no other obligation, liability or responsibility to you or any other party. Under no circumstances shall we have any obligation to refund any monies actually paid by you for the Service.

Law That Applies

If there is any dispute about or involving the Site or the Service, by using the Site, you agree that any dispute shall be governed by the laws of the Commonwealth of Pennsylvania without regard to conflict of law provisions, and you agree to personal jurisdiction and venue in the state and federal courts of the Commonwealth of Pennsylvania, located in the City of Pittsburgh. This provision shall not prevent Entermedia from seeking injunctive relief in any court of competent jurisdiction.

Indemnity

You agree to indemnify and hold Entermedia, its affiliates, providers, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party related to or arising out of (i) your use of the Service (including without limitation in violation of this Agreement and/or arising from a breach of this Agreement), (ii) your conduct related to the Service, or (iii) your violation of any law or regulation, or your infringement, misappropriation or violation of the rights of any other party. We reserve the right to assume the exclusive defense and control of any such claims and all negotiations for their settlement or compromise and you agree to fully cooperate with us.

By participating in any offline or online event, you agree to release and hold Entermedia harmless from any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, either directly or indirectly related to or arising from your participation in any such offline or online Qlique event.

Miscellaneous

This Agreement (including the Privacy Policy and, if applicable, any Additional Terms) constitutes the entire agreement between you and Entermedia regarding your use of the Service. The failure of Entermedia to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. If any provision of this Agreement is declared invalid or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect, and the invalid / unenforceable provision(s) shall be interpreted as closely as legally permitted to the intent of this Agreement. Please contact us with any questions regarding this Agreement.

YOU ACKNOWLEDGE YOU HAVE READ AND UNDERSTAND THIS AGREEMENT, AGREE TO BE BOUND BY AND FULLY COMPLY WITH ALL THE TERMS AND CONDITIONS DESCRIBED HEREIN.

Qlique® is a registered trademark of Entermedia Corporation.

For ease of reference, including our Privacy Policy, (to review our Privacy Policy, click on the Privacy Policy link on either the “Create Account” or “Modify Account” screens)

This Terms of Use Agreement was last updated on: May 3, 2007

© Copyright 2007 Entermedia Corporation. All Rights Reserved.