LORISQ – TERMS OF SERVICE
Effective as of 5 Jun 2018
By using the LorisQ.com web site (“Service”), or any services of LorisQ LLC (“LorisQ”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS OUR SERVICES THROUGH YOUR ACCOUNT TO THESE TERMS OF SERVICE, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICE.
We reserve the right to update and change the Terms of Service from time to time in our discretion without notice. If LorisQ makes material changes to these Terms of Service, we will notify you by email or by posting a notice on our site before the changes are effective. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.lorisq.com/terms/
Violation of any of the terms below will result in the termination of your account. While LorisQ prohibits such conduct and Content (as defined herein) on the Service, you understand and agree that LorisQ cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
- You must be 13 years or older to use this Service.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide the legal full name for yourself and any affiliated legal entity, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as your plan allows.
- You are responsible for maintaining the security of your account and password. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).
- You may not use this Service if you are a direct competitor, except with LorisQ’s prior written consent. You may not use or access the Service to compile data in a manner that is used or usable by a competitive product or service.
Customers may access their LorisQ account data via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses LorisQ, is bound by the terms of this agreement plus the following specific terms:
- You expressly understand and agree that we shall 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 we have been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.
- Abuse or excessively frequent requests to LorisQ via the API may result in the temporary or permanent suspension of your account’s access to the API. LorisQ, in its sole discretion, will determine abuse or excessive usage of the API. LorisQ will make a reasonable attempt via email to warn the account owner prior to suspension.
- LorisQ reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.
Payment, Refunds, Upgrading and Downgrading Terms
- A valid credit card is required for all accounts.
- The Service is billed in advance on a monthly or yearly basis, depending on the plan, and is non-refundable. There will be no refunds or credits for partial months or years of service, upgrade/downgrade refunds, or refunds for months or years unused with an open account.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
- For any upgrade or downgrade in plan level while on a monthly billing cycle, the credit card that you provided will automatically be charged the new rate on your next billing cycle. For upgrades while on a yearly plan, the yearly subscription will renew at the time of the upgrade, and LorisQ will immediately charge the difference in plan cost, prorated for the previously remaining time in your yearly billing cycle. If you choose to cancel your account when your usage would result in you paying a higher fee for the Service, your account will remain available during the period and at the plan level you previously were charged for. There will be no refunds for cancellations made in the middle of a billing cycle.
- Downgrading your Service may cause the loss of Content, features, or capacity of your account. We do not accept any liability for such loss.
Cancellation and Termination
- You are solely responsible for properly cancelling your account. You can cancel your account at any time by choosing Billing in the Settings menu, which is located on the left side of the Settings menu, and then clicking the “Cancel my account” link. Note that only the user who is the “manager” of your account has the ability to cancel your account.
- Following cancellation or termination of your account, we will have no obligation to maintain or provide any Content and may thereafter, unless legally prohibited, delete all Content in our systems or otherwise in our possession or under our control. You are solely responsible for exporting your Content from the Service prior to cancellation or termination of your account for any reason, provided that if we terminate your account, we will provide you a reasonable opportunity to retrieve the Content you have uploaded to the Service.
- If you cancel the Service before the end of your current paid up month or year, your cancellation will take effect immediately and you will not be charged again.
- LorisQ, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other LorisQ service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all Content in your account. LorisQ reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
- LorisQ reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of all Services, including but not limited to monthly and yearly subscription plan fees to the Service, are subject to change upon 30 days’ notice from us. Such notice may be provided at any time by posting the changes to LorisQ.com or the Service itself.
- LorisQ shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership
- All content posted on the Service must comply with the copyright laws of the United States and other jurisdictions.
- You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not LorisQ, are entirely responsible for all Content that you or any of the users under your account upload, post, email, transmit or otherwise make available via the Service. LorisQ does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content or any reports, analyses or other derivative works that LorisQ may create based on such Content. You understand that by using the Service, you may be exposed to Content that you feel is offensive, indecent or objectionable. Under no circumstances will LorisQ be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
- We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, you acknowledge that any Content you upload will be accessible by all users in your account group. Additionally, you acknowledge that by choosing to share your Content with groups who provide services to you and/or groups to whom you provide services to, you authorize them to access such Content through the Service. By submitting, posting or displaying the Content on or through the Service you give LorisQ a perpetual, worldwide, royalty-free, and non-exclusive license to reproduce, use, adapt, analyze, create derivate works from, modify, translate, publish, perform, display and distribute such Content consistent with your privacy settings and in keeping with our security procedures. This may include sharing or disclosing non-personal, aggregated information with third parties for promotional purposes or for improving and maintaining the Service.
- By making Content available, you represent and warrant that the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party.
- LorisQ does not pre-screen Content, but LorisQ and its designees have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
- You shall defend LorisQ against any claim, demand, suit or proceeding made or brought against LorisQ by a third-party alleging that your Content, or your use of the Service in violation of this agreement, infringes or misappropriates the intellectual property rights of a third-party or violates applicable law, and shall indemnify LorisQ for any damages finally awarded against, and for reasonable attorney’s fees incurred by, LorisQ in connection with any such claim, demand, suit or proceeding; provided, that LorisQ (a) promptly gives you written notice of the claim, demand, suit or proceeding; (b) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases LorisQ of all liability); and (c) provides to you all reasonable assistance, at your expense.
- 1. As LorisQ asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Service violates your copyright, you are encouraged to notify LorisQ in accordance with the Digital Millennium Copyright Act. LorisQ will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a user who may infringe or repeatedly infringes the copyrights or other intellectual property rights of LorisQ or others, LorisQ may, in its discretion, terminate or deny access to and use of the Service. In the case of such termination, LorisQ will have no obligation to provide a refund of any amounts previously paid to LorisQ.
- Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis.
- Technical support is only provided via email.
- You understand that LorisQ uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, LorisQ, or any other LorisQ service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by LorisQ.
- We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any LorisQ customer, employee, member, or officer will result in immediate account termination.
- You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
- You must not transmit any worms or viruses or any code of a destructive nature.
- If your bandwidth usage exceeds 500 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by LorisQ) of other LorisQ customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
- You agree not to (a) access (or attempt to access) the administrative interface of the Service by any means other than through the interface that is provided by LorisQ in connection with the Service, unless you have been specifically allowed to do so in a separate agreement with LorisQ, or (b) engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service).
- LorisQ 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.
- You expressly understand and agree that LorisQ shall 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 LorisQ 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; (v) or any other matter relating to the Service. The foregoing shall not apply to the extent prohibited by applicable law.
- The failure of LorisQ to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and LorisQ and govern your use of the Service, superseding any prior agreements between you and LorisQ (including, but not limited to, any prior versions of the Terms of Service). You agree that these Terms of Service and your use of the Service are governed under Delaware law.
- Questions about the Terms of Service should be sent to support at firstname.lastname@example.org.