Terms of Service
YOU AGREE THAT BY USING Q HOST YOU ARE AT LEAST 18 YEARS OF AGE, YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT AND AGREE TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.
2. Ownership. Q Host is owned and operated by Q Technologies Incorporated. All right, title and interest in and to all the restaurant waitlist and other services provided on Q Host and any software related to Q Host, including but not limited to any intellectual property, content, processes, functions, information, documents, logos, videos, graphics, sounds and images (the "Services") are owned or licensed either by Q Host or by our respective third party providers, developers or vendors. The Services are protected under applicable international copyright, patent, trademark and other intellectual property laws. You acknowledge and agree that the Services contain proprietary and confidential information that is the property of Q Host and its licensors and is protected by applicable intellectual property and other laws. No rights or title to any proprietary information used in connection with Services is provided, transferred or assigned to you. You further acknowledge and agree that any party that provides intellectual property to Q Host retain all rights with respect to any of their respective intellectual property appearing in Q Host, and no rights in such materials are transferred or assigned to you. Except as expressly authorized by Q Host, you agree not to modify, copy, reproduce, republish, upload, display, post, transmit, distribute, or create derivative works based in any way on Services from Q Host, including code and software, and nothing on Q Host shall be construed to confer any license under any of Q Host's intellectual property rights, whether by estoppel, implication or otherwise. Q Host does not sell, license, lease or otherwise provide any of the Services. Any rights not expressly granted herein are reserved by Q Host.
4. Reviews, Comments, Communications, and Other User Content. Q Host respects the intellectual property of others, and we ask our users to do the same. Q Host may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe any of your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide Q Host with a notice containing all of the following information:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on Q Host;
(d) Your address, telephone number, and e-mail address;
(e) A 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
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for notice of claims of copyright infringement on Q Host can be reached as follows:
Name: Q Technologies Incorporated
By E-mail: email@example.com We require all of the information above in order to take action.
5. No Warranty. Q HOST AND ALL SERVICES PROVIDED ON OR THROUGH YOUR USE OF Q HOST ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, Q HOST EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Q HOST MAKES NO WARRANTY THAT (1) THE SERVICES WILL MEET YOUR REQUIREMENTS, (2) THE SERVICES, AND ANY INFORMATION OR SERVICE PROVIDED BY Q HOST, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE RESULTS OF USING THE SERVICES, AND ANY INFORMATION OR SERVICE PROVIDED BY Q HOST, WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH YOUR USE OF Q HOST WILL MEET YOUR EXPECTATIONS OR ARE SUITABLE FOR YOUR USE OR CIRCUMSTANCES, OR (5) THAT ANY ERRORS IN ANY SOFTWARE UTILIZED BY Q HOST WILL BE CORRECTED. USER ACKNOWLEDGES THAT Q HOST MAY MAKE CHANGES OR IMPROVEMENTS TO THE SERVICES AT ANY TIME. USING SERVICES THROUGH Q HOST IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. Q HOST SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR IPAD, COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF Q HOST.
6. Limitation of Liability. IN NO EVENT, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL Q HOST, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, OR LICENSEES BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE Q HOST OR SERVICES AVAILABLE FROM Q HOST, EVEN IF Q HOST HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR ARISING FROM YOUR VISIT TO ANY RESTAURANT OR THE PERFORMANCE, NON-PERFORMANCE, CONDUCT, OR POLICIES OF ANY RESTAURANT OR THIRD PARTY IN CONNECTION WITH THE SERVICES. Q HOST IS NEITHER AN AGENT OF NOR OTHERWISE ASSOCIATED WITH ANY RESTAURANT. IF YOUR USE OF Q HOST RESULTS IN ANY DAMAGES OR THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH INSTANCE THE MAXIMUM LIABILITY OF Q HOST TO YOU IS THE LOWEST AMOUNT ALLOWABLE UNDER STATE LAWS. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF Q HOST AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO Q HOST FOR THE USE OF Q HOST OR ANY SERVICES IT PROVIDES.
7. Indemnification. You agree to defend, indemnify and hold harmless Q Host, our officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of Q Host and the Services, including without limitation, your interactions with consumers, other restaurants, and Third Party Websites.
8. Compliance with Intellectual Property Laws. When accessing Q App, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of Q App is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party's copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using Q App. If you believe that any content on Q App is infringing on your copyright, you may seek the removal of such content by providing notice to us in accordance with the Notice and Take Down provisions of the DMCA as described above.
11. Children. Minors are not eligible to use Q App and we ask that they do not submit any information to us. Q App is not intended for any children under the age of 13. We do not knowingly collect any information from anyone who is under 13 years of age. If we become aware that any individual under the age of 13 has provided us with information, we will take steps to remove such information and terminate the child’s account. If you are informed that your child has provided us with information without your consent, please contact us at firstname.lastname@example.org.
12. Governing Law; Venue. By using Q App, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of the State of Washington, excluding its choice of law rules. Any legal action or proceeding relating to your access to or use of Q App shall be instituted in a state or federal court located in Seattle, Washington. You and Q App agree exclusively and irrevocably to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
13. Copyright. All Q App design, text, graphics, the selection and arrangement thereof, Copyright © 2014, Q Technologies Incorporated ALL RIGHTS RESERVED.
14. Trademarks. All images, text, logos, custom graphics and icons are service marks, trademarks and/or trade dress of Q App.