73 STRINGS TERMS OF USE
Last updated: 01 Oct 2023
AGREEMENT
TO TERMS
These Terms of Use constitute a
legally binding agreement made between you, whether personally, or on behalf of
an entity (you) and 73 Strings SAS ("Company", we,
us, or our), concerning your access to and use of the Qubit X
& Proton X Products as well as any other media form, media channel, linked,
or otherwise connected thereto (collectively, the Products). You agree that
by accessing the Products, you have read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF
THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE PRODUCTS
AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and
conditions or documents that may be posted on the Products from time to time is
hereby expressly incorporated herein by reference. We reserve the right, in our
sole discretion, to make changes or modifications to these Terms of Use at any
time and for any reason. We will alert you about any changes by updating the
Last updated date of these Terms of Use, and you waive any right to receive specific
notice of each such change. Please ensure that you check the applicable Terms
every time you use our Products so that you understand which Terms apply. You
will be subject to and will be deemed to have been made aware of and to have
accepted, the changes in any revised Terms of Use by your continued use of the
Products after the date such revised Terms of Use are posted. The information
provided on the Products are not intended for distribution to or use by any
person or entity in any jurisdiction or country where such distribution or use
would be contrary to law or regulation or which would subject us to any
registration requirement within such jurisdiction or country. Accordingly,
those persons who choose to access the Products from other locations do so on
their own initiative and are solely responsible for compliance with local laws,
if and to the extent local laws are applicable.
INTELLECTUAL
PROPERTY RIGHTS
Unless otherwise indicated, the
Products are our proprietary property
and all source code, databases, functionality, software, designs, audio, video,
text, photographs, and graphics on the Products (collectively, the Content)
and the trademarks, service marks, and logos contained therein (the Marks)
are owned or controlled by us or licensed to us, and are protected by copyright
and trademark laws and various other intellectual property rights and unfair
competition laws of the France, EU, international copyright laws, and
international conventions. The Content and the Marks are provided on the
Products AS IS for your information and personal use only. Except as
expressly provided in these Terms of Use, no part of the Products and no
Content or Marks may be copied, reproduced, aggregated, republished, uploaded,
posted, publicly displayed, encoded, translated, transmitted, distributed,
sold, licensed, or otherwise exploited for any commercial purpose whatsoever,
without our express prior written permission.
Provided that you are eligible
to use the Products, you are granted a limited license to access and use the
Products, to download or print a copy of any portion of the Content to which
you have properly gained access solely for your personal, non-commercial use.
We reserve all rights not expressly granted to you in and to the Products, the Content and the Marks.
USER
REPRESENTATIONS
By using the Products, you
represent and warrant that: (1) you have the legal capacity, and you agree to
comply with these Terms of Use; (2) you are not a minor in the jurisdiction in
which you reside; (3) you will not access the Products through automated or
non-human means, whether through a bot, script or otherwise; (4) you will not
use the Products for any
illegal or unauthorized purpose;
and (5) your use of the Products will not violate any applicable law or
regulation.
If you provide any information
that is untrue, inaccurate, not current, or incomplete, we have the right to
suspend or terminate your account and refuse any and all
current or future use of the Products (or any portion thereof).
PROHIBITED
ACTIVITIES
You may not access or use the
Products for any purpose other than that for which we make the Products
available. The Products may not be used in connection with any commercial
endeavours except those that are specifically endorsed or approved by us.
As a user of the Products, you
agree not to:
1. Systematically retrieve data
or other content from the Products to create or compile, directly or
indirectly, a collection, compilation, database, or directory without written
permission from us.
2. Trick, defraud, or mislead us
and other users, especially in any attempt to learn sensitive account
information such as user passwords.
3. Circumvent, disable, or
otherwise interfere with security-related features of the Products,
including features that prevent
or restrict the use or copying of any Content or enforce limitations on the use
of the Products and/or the Content contained therein.
4. Disparage, tarnish, or
otherwise harm, in our opinion, us and/or the Products.
5. Use any information obtained
from the Products in order to harass, abuse, or harm
another person.
6. Make improper use of our
support services or submit false reports of abuse or misconduct.
7. Use the Products in a
manner inconsistent with any applicable laws or regulations.
8. Engage in unauthorized
framing of or linking to the Products.
9. Upload or transmit (or
attempt to upload or to transmit) viruses, Trojan horses, or other material,
including excessive use of capital letters and spamming (continuous posting of
repetitive text), that interferes with any partys uninterrupted use and
enjoyment of the Products or modifies, impairs, disrupts, alters, or interferes
with the use, features, functions, operation, or maintenance of the Products.
10. Engage in any automated use
of the system, such as using scripts to send comments or
messages, or using any data
mining, robots, or similar data gathering and extraction tools.
11. Delete the copyright
or other proprietary rights notice from any Content.
12. Attempt to impersonate
another user or person or use the username of another user.
13. Upload or transmit (or
attempt to upload or to transmit) any material that acts as a passive or active
information collection or transmission mechanism, including without limitation,
clear graphics interchange formats (gifs), 11 pixel, web bugs, cookies, or
other similar devices (sometimes referred to as spyware or passive
collection mechanisms or pcms). 14. Interfere
with, disrupt, or create an undue burden on the Products or the networks or
services connected to the
Products.
15. Harass, annoy, intimidate,
or threaten any of our employees or agents engaged in providing any of the
Products to you.
16. Attempt to bypass any measures
of the Products designed to prevent or restrict access to the Products, or any
portion of the Products.
17. Copy or adapt the Products
s software, including but not limited to HTML, JavaScript, or other code.
18. Except as permitted by
applicable law, decipher, decompile, disassemble, or reverse engineer any of
the software comprising or in any way making up a part of the Products.
19. Except as may be the result
of standard search engine or Internet browser usage, use, launch, develop, or
distribute any automated system, including without limitation, any spider,
robot, cheat utility, scraper, or offline reader that accesses the Products, or
using or launching any unauthorized script or other software.
20. Make any unauthorized use of
the Products, including collecting usernames and/or email addresses of users by
electronic or other means for the purpose of sending unsolicited email, or
creating user accounts by automated means or under false pretences.
22. Use the Products as part of
any effort to compete with us or otherwise use the Products and/or the Content
for any revenue-generating endeavour or commercial enterprise.
USER
GENERATED CONTRIBUTIONS
The Products does not offer
users to submit or post content. We may provide you with the opportunity to
create, submit, post, display, transmit, perform, publish, distribute, or
broadcast content and materials to us or on the Products, including but not
limited to text, writings, video, audio, photographs, graphics, comments,
suggestions, or personal information or other material (collectively,
"Contributions"). Contributions may be viewable by other users of the
Products and through third-party websites. As such, any Contributions you
transmit may be treated in accordance with the Products Privacy Policy.
When you create or make
available any Contributions, you thereby represent and warrant
that:
1. The creation, distribution,
transmission, public display, or performance, and the accessing, downloading,
or copying of your Contributions do not and will not infringe the proprietary
rights, including but not limited to the copyright, patent, trademark, trade
secret, or moral rights of any third party.
2. You are the creator and owner
of or have the necessary licenses, rights, consents, releases, and permissions
to use and to authorize us, the Products, and other users of the Products to
use your Contributions in any manner contemplated by the Products and these
Terms of Use.
3. You have the written consent,
release, and/or permission of each and every
identifiable
individual person in your
Contributions to use the name or likeness of each and every
such identifiable individual person to enable inclusion and use of your
Contributions in any manner contemplated by the Products and these Terms of
Use.
4. Your Contributions are not
false, inaccurate, or misleading.
5. Your Contributions do not
violate any applicable law, regulation, or rule.
6. Your Contributions do not
violate the privacy or publicity rights of any third party.
7. Your Contributions do not
otherwise violate, or link to material that violates, any provision of these
Terms of Use, or any applicable law or regulation.
Any use of the Products in
violation of the foregoing violates these Terms of Use and may result in, among
other things, termination or suspension of your rights
to use the Products.
CONTRIBUTION
LICENSE
You and 73 Strings SAS
agree that we may access, store, process, and use any information and personal
data that you provide following the terms of the Privacy Policy and your
choices (including settings).
By submitting suggestions or
other feedback regarding the Products, you agree that we can use and share such
feedback for any purpose without compensation to you.
We do not assert any ownership
over your Contributions. You retain full ownership of all of
your Contributions and any intellectual property rights, or other proprietary
rights associated with your Contributions. We are not liable for any statements
or representations in your Contributions provided by you in any area on the
Products. You are solely responsible for your Contributions to the Products and
you expressly agree to exonerate us from any and all
responsibility and to refrain from any legal action against us regarding your
Contributions.
SUBMISSIONS
You acknowledge and agree that
any questions, comments, suggestions, ideas, feedback,
or other information regarding
the Products ("Submissions") provided by you to us are
nonconfidential and shall become our sole property. We shall own exclusive
rights, including
all intellectual property rights, and shall be entitled to the unrestricted use and
dissemination of these Submissions for any lawful purpose, commercial or
otherwise, without acknowledgment or compensation to you. You hereby waive all
moral rights to any such Submissions, and you hereby warrant that any such
Submissions are original with you or that you have the right to submit such
Submissions. You agree there shall be no recourse against us for any alleged or
actual infringement or misappropriation of any proprietary right in your
Submissions.
PRODUCTS
MANAGEMENT
We reserve the right, but not
the obligation, to: (1) monitor the Products for violations of these Terms of
Use; (2) take appropriate legal action against anyone who, in our sole
discretion, violates the law or these Terms of Use, including without limitation,
reporting such user to law enforcement authorities; (3) in our sole discretion
and without limitation, refuse, restrict access to, limit the availability of,
or disable (to the extent technologically feasible) any of your Contributions
or any portion thereof; (4) in our sole discretion and without limitation,
notice, or liability, to remove from the Products or otherwise disable all files and content
that are excessive in size or are in any way burdensome to our systems; and (5)
otherwise manage the Products in a
manner designed to protect our rights and property and to facilitate the proper
functioning of the Products.
TERM
AND TERMINATION
These Terms of Use shall remain
in full force and effect while you use the Products, WITHOUT LIMITING ANY OTHER
PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE
DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE
PRODUCTS (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY
REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY
REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY
APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE
PRODUCTS OR DELETE ANY CONTENT OR INFORMATION THAT YOU USED AT ANY TIME,
WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your
account for any reason, you are prohibited from registering and creating a new
account under your name, a fake or borrowed name, or the name of any third
party, even if you may be acting on behalf of the third party. In addition to
terminating or suspending your account, we reserve the right to take
appropriate legal action, including without limitation pursuing civil,
criminal, and injunctive redress.
MODIFICATIONS
AND INTERRUPTIONS
We reserve the right to change,
modify, or remove the contents of the Products at any time or for any reason at
our sole discretion without notice. However, we have no obligation to update
any information on our Products. We also reserve the right to modify or
discontinue all or part of the Products without notice at any time. We will not
be liable to you or any third party for any modification, price change,
suspension, or discontinuance of the Products. We cannot guarantee the Products
will be available at all times. We may experience
hardware, software, or other problems or need to perform maintenance related to
the Products, resulting in interruptions, delays, or errors. We reserve the
right to change, revise, update, suspend, discontinue, or otherwise modify the
Products at any time or for any reason without notice to you. You agree that we
have no liability whatsoever for any loss, damage, or inconvenience caused by
your inability to access or use the Products during any downtime or discontinuance
of the Products. Nothing in these Terms of Use will be construed to obligate us
to maintain and support the Products or to supply any corrections, updates, or
releases in connection therewith.
GOVERNING
LAW
These Terms shall be governed by
and defined following the laws of France, EU, and you irrevocably
consent that the courts of France, EU, shall have exclusive jurisdiction
to resolve any dispute which may arise in connection with these terms.
DISPUTE
RESOLUTION
Informal
Negotiations
To expedite resolution and
control the cost of any dispute, controversy, or claim related to these Terms
of Use (each "Dispute" and collectively, the Disputes) brought by
either you or us (individually, a Party and collectively, the Parties), the
Parties agree to first attempt to negotiate any Dispute (except those Disputes
expressly provided below) informally for at least 90 days before initiating
arbitration. Such informal negotiations commence upon written notice from one
Party to the other Party.
CORRECTIONS
There may be information on the
Products that contains typographical errors, inaccuracies, or omissions, including
availability, and various other information. We reserve the right to correct
any errors, inaccuracies, or omissions and to change or update the information
on the Products at any time, without prior notice.
INDEMNIFICATION
You agree to defend, indemnify,
and hold us harmless, including our subsidiaries, affiliates, and all of our
respective officers, agents, partners, and employees, from and against any
loss, damage, liability, claim, or demand, including reasonable attorneys fees
and expenses, made by any third party due to or arising out of: (1) use of the
Products ; (2) breach of these Terms of Use; (3) any breach of your
representations and warranties set forth in these Terms of Use; (4) your
violation of the rights of a third party, including but not limited to
intellectual property rights; or (5) any overt harmful act toward any other
user of the Products with whom you
connected via the Products . Notwithstanding the foregoing, we reserve the
right, at your expense, and control of any matter for which you are required to
indemnify us, and you agree to cooperate, at your expense, with our defence of
such claims. We will use reasonable efforts to notify you of any such claim,
action, or proceeding which is subject to this indemnification upon becoming
aware of it.
PRIVACY
Your privacy is critical to us.
We respect your privacy and comply with the General Data Protection Regulation
with regards to your personal information. These Terms and Conditions should be
read alongside, and are in addition to our policies, including our privacy
policy.
For the purposes of these Terms
and Conditions: Data Protection Laws means any applicable law relating to the
processing of Personal Data, including, but not limited to the Directive
95/46/EC (Data Protection Directive) or the GDPR.
GDPR means the General Data
Protection Regulation (EU) 2016/679.
CONTACT
US
In
order to resolve a complaint
regarding the Products or to receive further information regarding use of the
Products, please contact us at: [email protected].
Copyright © 2024 73 Strings. All rights reserved.