1- Terms Of Use.
Published on May 23, 2020 Definitions used hereby shall have the following meaning: “Account” or “Profile” means a record with Online Resource that stores data identifying User and data provided/entered by User.
“Administration” or “QChirp™ ” means QUANTUM GENERATION™ LTD. QChirp, a company duly incorporated in the Republic of Ireland at The Black Church, St. Mary’s Place, Dublin 7, D07 P4AX, Ireland. “Promo Account” means a profile of User as a constituent of the User’s Account to which Advertising Income is credited.
“Advertising Income” or “Ads Income” means a reward that paid by Online Resource (Administration or third parties within partnership programs) to User in amount of up to 50% of advertisement revenues of Online Resource according to the Rewarding Policy.
“Business Profile” means a special profile of User that allows access to Services of Online Resource™ which can be used for commercial or business purposes. “Content” means objects located on Online Resource, including information, design elements, text, graphics, illustrations, videos, scripts, programs, music, sounds and etc. that belong to Administration, Users, third parties.
«Fake Account» means any Account that is not used by for the purposes defined in these Terms by User or in violation of the Terms.
“Governing Law(s)” means applicable laws of Administration’s jurisdiction. “QUBIT Wallet” means an internal wallet embedded into the Online Resource that allows User to store QCHIRP™ (QG) Tokens and transfer them to other Users.
“Online Resource” means an Internet resource for the exchange of information, messages, publications, located at and limited to https://QChirp™ , including QChirp™ mobile app. “Rewarding Policy” means terms defined in the section 12 of the Terms.
“Services” mean functionality, services, content and tools available to Users on Online Resource.
“Terms” means these Terms of Use that defines rights and duties of Administration, Users and third parties, who are not Users of Online Resource, but whose rights and interests might be affected as a result of actions of Users of Online Resource.
“User” means any legally capable individual person who has the right of access to Account on Online Resource.
2- Status of the Terms
This document sets forth terms of use for QChirp™ owned/controlled social media sites and applications that applies to all users of the sites and applications and unrelated third parties.
These Terms define the rules for Online Resource usage and is a public offer of Administration to Users that may be updated from time to time according to the clause 14.10 hereunder.
Registration on Online Resource means that User is considered fully acquainted with the Terms and accepted its conditions without any exceptions and reservations (acceptance). In case of disagreement with any provision of these Terms, User must immediately stop using the Online Resource.
Status of the Online Resource Online Resource represents the complex of intellectual activity results (including computer programs, databases, graphic design of the interface (design) and etc.) and information of Administration and Users, access to which is provided with various devices connected to Internet, through special software for browsing the web-address https://QChirp™ (including the domains of the following levels related). All rights and titles to Online Resource in whole and for usage of the domain names https://QChirp™ and https:// qgsocial.spcae including relevant sub-domains belong to Administration.
Administration is governed by the Governing Law; these Terms; and other special documents that are developed or can be developed and accepted by the Administration in order to regulate the provision of access to separate Services.
Access to Online Resource Online Resource usage shall be available after registration. The Online Resource is available only to those individuals who are at least 16 years old or the minimum legal age in User’s county to use the Online Resource under the applicable laws and/or has all necessary consents (parental or legal representatives’ consent etc.) in full compliance with the applicable laws, including for purposes of data protection laws. Users below 16 years old may be allowed to use the Online Resource in case Users pass the necessary consent procedure by sending a request and further providing relevant information and consents to the Administration via email privacy@QGSocial.space . If User is prohibited from usage of the Online Resource or from receiving any of its Services under the applicable laws, such User may not use the Online Resource.
Upon registration User undertakes to provide trustworthy information; promises to provide data/information that doesn’t infringe any personal and protected by any jurisdiction information; warrants to not violate any laws of any jurisdiction which might be applied to User:
• full name of the User;
• a valid email address and/or mobile phone number;
• additional information that may be requested by the Online Resource to use Services.
After providing the information specified in clause 3.3 of the Terms, User gets onetime-code to the mobile phone number or email provided, which shall be entered for both completion of User’s verification (registration) procedure and further access to Online-resource.
As soon as the verification procedure is positively passed, these Terms of Use shall be applied to User. User shall be considered registered and can manage User Account on Online Resource. Administration does not verify reliability of information provided by User relying on User’s fairness and reasonableness.
Administration shall not be in any way responsible for access by third parties to Account. In addition to the right of adding information to User Account at any time User shall be entitled to change or delete such information. Use of Online Resource From the moment of registration, User is granted access to a User Account at which User has a right to post, edit and delete Content, and granted access to other Online Resource Services. User is obliged to post Content and use Services exclusively for personal non-commercial purposes. Online Resource’s Services for commercial or business purposes can be used only though activation of the Business
Profile. User may not have more than one personal Account on Online Resource. User warrants that he/she has all rights and powers necessary to conclude and fulfill the Terms. User is aware and agrees with the fact thon Online Resource technology may require copying (reproduction) and processing of the Content uploaded by User to the Online Resource. Any action taken with User’s account shall be considered as an action committed by the User himself/herself or by User’s authorized representative and creates obligations and responsibility for User in result of such actions, including liability for violation of these Terms and (or) the Governing Law.
With regard to personal information User has a right to: delete the previously placed Content, as well as to delete User Account. Administration may not guarantee that any User is really what he/she represents, and also that information provided by User to Online Resource corresponds to reality. Administration is not obliged for a preliminary verification of any Content of any kind placed and/or distributed by User through Online Resource. By creating an account on Online Resource User understands and takes on all risks related, including, but not limited to: risk of an email address getting into spam messaging lists, risk of getting an email address to fraudsters, risk of getting a phone number to SMS spammers and/or SMS-scammers and other risks arising from such information placement.
Obligations of User
User is obliged to: Follow legal provisions of the Governing Law, the provisions of these Terms; Provide and keep updated all actual and reliable information necessary for registration that shall not violate the Governing Law or any legislation of any jurisdiction, which might be applied to User;
Do not grant access to third parties to User Account and/or login and password for any purpose; Use Online Resources exclusively through an interface provided by Administration; Inform Administration immediately about: • an unauthorized access by third parties to Account including login and password; • suspicions of any above actions. User is prohibited from:
Use in messages that sent to other users of Online Resource obscene language, insult or otherwise disparage other users of Online Resource; Sending commercial and other advertising (spam) to persons does not expressly request for it; Upload, send, transfer or allocate and/or distribute Content that might be improper advertisement (including unfair, abusive or inaccurate) according to any Law that might be applied; Place any Content at Online-resource that contains advertising materials related to alcohol, tobacco production, dating or any other materials for adults, without age limitations; In any manner attempt to gain access to other User’s account; Use obtained by any way other person login and password (applicable for Users registered before March, 2018) and other person mobile phone number or email address to get access to such another registered User’s account;
Taking any action including technically aimed to violate normal functioning of Online Resource; Taking any action that may lead to a disproportionately high load on Online Resource infrastructure; Using any technical means to collect and process information on Online Resource, including, but not limited to personal data of Users;
Misleading other users or Administration about properties and characteristics of any subjects or objects; Upload, send, transmit or otherwise place and / or distribute Content that is illegal, malicious, libelous, offends morality, demonstrates (or propagates) violence, promotes hatred and/or discrimination against people racial, ethnic, national, sexual, religious, social characteristics, contains insults in address of any person or organization, contains elements (or is propaganda) of pornography, naked body images, children's eroticism, is advertising (or is propaganda) of services of a sexual nature (including under the coverage of other services), explains an order to manufacture, take or other use of narcotic substances or their analogues, explosives or other weapons;
Violate any local, regional and international laws and regulations, including but not limited to copyright and intellectual property rights laws regarding any content that you send or receive via these Terms; transmit any material (by uploading, posting, email or otherwise) that is unlawful, disruptive, threatening, profane, abusive, harassing, embarrassing, tortuous, defamatory, libelous, or is an invasion of another's privacy, is hateful or racially, ethnically, religiously or otherwise objectionable as solely determined in Administration's discretion; impersonate any person or entity or falsely state or otherwise misrepresent your affiliation or agency relationship with Administration, any person or entity, including by the use of the name/logo of “QChirp™ ” or “me” as a name of an Account or Profile, to use the name of “QChirp™ ” or “me” and other persons or entities without their permission in metadata; transmit any material (by any means) that Users doesn’t have a right to make available under any law or under contractual or fiduciary relationships; transmit any material (by any means) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
transmit (by any means) any unsolicited or unauthorized advertising (including advertising of non-Administration services or products), promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes' or any other form of solicitation; transmit any material (by any means) that contains malware, Trojan horses, viruses, time bombs, worms, disabling code, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, mobile devices, or telecommunications equipment; harass another person; or collect or store, or attempt to collect or store, personal data about third parties without their knowledge or consent; record any data without authorization, or to share confidential information of any party;
Upload to Online Resource and (or) store on Online Resource personal information or data of third parties that been illegally collected; Posting links to Internet resources that hold a content violating the Law or any other personal jurisdiction legislation which might be applied to User, and also violates law standards in any other way, including international law regulations; Violating any rights of third parties, including minors and/or harm them in any form; Copy, make changes, make derived materials, decompile, analyze using a disassembler or try to open the source code, otherwise modify Online Resource; Log in as User with a name or instead of another person (Fake Account) or register a group (association) of persons or a legal entity as a User; Use Online Resource for any kind of illegal activity; Posting Content which aims to encourage dangerous or illegal activities that risk serious physical harm or death to people or animals is not allowed; Instructions how to kill or harm, posting activities meant to kill or maim others, such as providing instructions on how to build a bomb meant to injure or kill people; extremely dangerous challenges, that pose imminent risk of physical injury. Promoting or glorifying violent tragedies and/or terrorist activities. Posting Content which promotes the surgeries. Posting Content containing information related to forgery of documents. Create another account without permission of Administration in case the User’s account is blocked according to clause 6.7 of these Terms; Transfer or assign any rights and obligations according to these Terms to any third parties without a permission of Administration. Violate in any other way the rules of the Law or any other personal jurisdiction legislation which might be applied to User.
Gambling Content: Gambling Content is defined as: • Online casinos and gambling, sports betting, games of chance and bingo; • Physical, brick-and-mortar casino establishments; • Online fantasy sports sites; • Bonus codes, vouchers and coupons redeemable for gambling content; • E-books/sites facilitating or leading to online gambling-related content, including affiliates and other
sites driving traffic to gambling; • Gambling-related software such as gambling software and poker odds calculators; • Sites or services providing tips, odds, handicapping, sports picks, forecasts or poker odds calculators; • Scratch games; • Lotteries; • Games/apps played for money. Any Content in respect of gambling and related products and services must: (i) ensure minors are not the target of such Content; (ii) not violate responsible gambling requirement; (iii) comply with all applicable laws, rules and regulations, licensing requirements, including but not limited to the location of the business, the location of a target audience; (iv) comply with industry standards. Administration prohibits posting of Gambling Content, except for campaigns targeting countries where it is allowed. If a business that User represents has a valid gambling license and wants to post Gambling Content on Online Resource, User has to contact the Administration to get a prior permission before posting any of Gambling Content. Administration reserves the right to decline such request as per its own discretion. In case of User’s doubt on permissibility and legality of some certain actions on Online Resource, User can send a request to Administration in relation to possibility of such actions, or simply refrain from such actions.
Administration Administration has a right at any time and by any way, without providing any notice, change Online Resource, including changing or adding sections of the Online Resource, changing its structure, design and Content, and also supplement, modify, restrict, expand functionality of the Online Resource and / or Services, including terms of User's access to Services or individual functionality of the Online Resource. Administration reserves the right, in its sole discretion, at any time, without notice and for any reason, to: (a) monitor, prohibit, restrict, block, suspend, terminate, delete, discontinue your access to Online Resource; (b) remove, delete, block, filter or restrict, by any mean, any materials you post; and (c) disclose your communications and activities with Administration, including in response to lawful requests by governmental authorities (e.g., legal act requests, judicial orders, warrants or subpoenas). User agrees that in the event that Administration exercises any of its rights hereunder for any reason, Administration will have no liability to such User. Administration may, without notice to User to carry out preventive works, entailing suspension of operation of Online Resource on term not exceeding 24 (twenty-four) hours in a row. If longer works are required, Administration has a right to conduct them only after notification of User through the Account or e-mail. Administration may, if necessary, by at its own discretion, to terminate (provisionally or permanently) provision of Services (or any within the Services) to all Users in whole or to an individual User, in particular, without prior notice. Administration has a right at its discretion to refuse User in placing and / or distribution of any Content or delete any Content that is posted by User on Online Resource. Administration may use available technical solutions for checking correctness of information provided by User while using Online Resource. Administration has a right at any time at its own discretion to conduct a random inspection of Content for compliance with Terms, including automatically by using software. If violations are detected, as well when information is received from third parties about such violations or cumulative criteria identification that may confirm some violations subject to opinion of Administration, it has a right to suspend or terminate User's access to Services, including blocking access to Account. By the sole decision of Administration, Account blocking on Online Resource can be temporary or permanent, depending on volume and number of violations committed by User. If User removes violations, Administration has a right to restore the User's access to account on Online Resource. In case of systematic User’s non-compliance with provisions of these Terms, Administration is entitled without prior notice and consent of such User to delete the User Account on Online Resource without a possibility of its recovery.
Content User is obliged to place only a content that he/she has a right to use on lawful grounds. User has no right to post, copy (reproduce), process, distribute, publish, download, transmit, sell or otherwise use Content in whole or in parts without a prior permission of a copyright owner (holder), unless the copyright owner explicitly expressed a relevant consent for free use of the Content by any person. User by placing on Online Resource Content owned by him /her, grants to other Users a non-exclusive right to use it by way of viewing, playing (including copying), processing (including printout of copies) and other rights with purpose of personal non-commercial use.
User gives Administration a non-exclusive and free of charge right (intellectual property license) to use Content placed on Online Resource and owned by the User to ensure Online Resource functioning subject to its Services (functionality) and architecture. This non-exclusive right is granted for a period of its location on Online Resource (unless such Content was transferred to third parties and wasn’t deleted by such parties), valid for all countries around the world (global license) and shall include a right to process the Content through its placement and for following display or usage for advertising information and materials. Administration has a right to transfer the rights specified in this paragraph to third parties, including sub-licensing.
Additionally to the above by providing any content to Online Resource, User grants to Administration the irrevocable, worldwide, transferrable, royalty-free, right to reproduce, distribute, publish, and display such Content and the right to create derivative works from such content, edit or modify the content, transfer the medium of such content, and use such Content for any Administration purpose regardless of whether such use is part of the Online Resource or otherwise. In addition to User’s own Content, Users have no right to download or otherwise publish information (to publish on Online resource) a content of other websites, databases and other results of intellectual activity in the absence of a clearly expressed consent of the relevant right holder for such actions.
Any use of Online Resources or Content, except as permitted by these Terms or in case of clear consent of relevant right holder to such use is prohibited without a prior written permission of such holder. Responsibility
Online Resources and all its functionality (Services) are provided 'as is': User uses Online Resource on his/her own risk, without any guarantees. Administration doesn’t carry and take on of any liability related to usage of Online Resource.
Administration does not guarantee thon Online Resource will meet requirements and interests of User and does not guarantee thon Online Resource will function quickly, continuously, without errors and reliably; quality of services or information obtained from using Online Resource, will correspond to any of User’s purposes. User is solely liable to third parties for own actions related to usage of Online Resource, including if such actions lead to violation of rights and legitimate interests of third parties, and also for compliance with the law while using Online Resource.
By usage of Online Resource User takes attention and agrees with receiving information on Online Resource on his/her own peril and risk.
Administration provides technical possibility to use Online Resource. Administration neither participate in Users’ Account (personal pages) Content creation nor control and been responsible for actions or omissions of any person who uses Online Resource or create and use Content of Users’ Accounts on Online Resource.
Administration under no circumstances and without exception is not liable to User or to any third party for any damages, including actual, incidental or consequential, lost profits or lost data, as well as for harm to honor, dignity and business reputation, caused by any use of Online Resource or its Content. Administration is not responsible for any delay or failure in performance resulting directly or indirectly from natural disasters, forced or causes that beyond its reasonable control, including, but not limited to, disruptions in Internet work, computing, communication devices or other equipment , interruptions in electricity supply, strikes, labor disputes, riots, civil insurrection and revolts, shortages of labor or material shortages, fires, floods, storms, force major circumstances, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, as well as disruptions in operation of heating, lighting or air conditioning.
Any advices or information whether oral or written received by User from Administration or through Online Resource shall not constitute any additional warranties unless clearly referred to in these Terms. Links and manuals for files downloading and/or third-party programs installation placed on Online Resource shall not be considered nether as an endorsement nor an approval for such actions by Administration. Reference to any website, product, service, any information of a commercial or non-commercial nature, placed on Online resource shall not be considered neither as an endorsement nor a recommendation of these products (services) by Administration.
The protection and confidentiality of User’s information
Privacy Policy is an integral part of these Terms and available via the following link: https://QChirp™ /rules/privacy.
Exchange of information Administration’s messages to Users are published for general access on Online Resource and/or sent individually by email address provided by Users at registration. User understands, accepts and agrees that messages sent by Administration and/or their parts may be promotional in nature, and may also include advertising, information and other communications of Administration’s counter parties.
Messages (statements) published (distributed) on Online Resource are considered to be delivered to User at the date of their publication (distribution). User’s messages to Administration shall be sent by ways provided on Online Resource. User’s applications consideration In case of any questions related to functioning of Online Resource and Services, or discovery on Online Resource of information and (or) materials, which, in User’s opinion violate his/her rights, the User may submit an application to the support team through the email address specified on Online Resource. When contacting Administration User has to provide all information and documents necessary for consideration and a decision on User’s issue, including all data for the User’s identification. User’s applications shall be considered in order of receipt sequence; time of consideration shall depend on nature of User’s application and the total number of applications.
With regard to Users’ application Administration communicates with the User through the email addresses specified by User. The administration does not provide any advice on matters that not related to Online Resource that require professional evaluation and / or not in the competence of Administration. Administration has a right not to consider User’s applications that: don’t contain any information and documents necessary for application consideration; contain false information, and (or) documents missing signs of authenticity; in respect of issues that have been already answered by Administration (re-applications); containing insults, threats, or abusive applications; violating other conditions and applications consideration order established by Administration.
Rewarding Policy For Promo Account activation User shall: (i) be over 16 year old; (ii) have positive rating of User’s Account; (iii) verify User’s email address or mobile phone number. After activation of Promo Account User shall have a right to receive Advertising Income in accordance with the Terms and this Rewarding Policy in particular.
Advertisement transmitting is made by Online Resource (its partners) on its own discretion and in compliance with “QCHIRP™ Advertising Policy”. Meanwhile Promo Account is used by Online Resource for billing of the advertisement which transmitted by Online Resource directly to subscribers (followers) of the User. Such billing is performed only for purposes of appropriate counting of Advertising Income according to these Terms. In case User doesn’t activate Promo Account, Online Resource reserves its right on ads transmitting to User of the Online Resource, but in such case the User shall not participate in the rewarding program provided by this Rewarding Policy.
Online Resource (i) neither makes any kind of compensation to User, including rewarding in form of Advertising Income, in relation to any User’s actions, (ii) nor requires from User to take any actions, such as view of videos, tap on advertisements or other similar actions as a condition for any compensation. An amount of Advertising Income (reward) of User may be up to 50% of relevant advertisement revenue of Online Resource received from ads transmitting in the newsfeed to subscribers (followers) of such User. Distribution of Advertising Income between Users who activated Promo Account is carried out in consideration of their ratings. The rating is an algorithm determining the level of interest in User’s profile and distinguishing real Users from Fake Accounts (bots etc.). The algorithm takes into consideration such indicators as User’s Profile completeness, its popularity, number of active subscribers and User’s activity on Online Resource as well as activity of the User’s followers.
Advertising Income shall be counted and rewarded in internal currency of the Online Resource that is QCHIRP™ (QUBIT) Token. МЕ Token’s rate shall further depend on market value on approved virtual currency exchanges.
Advertising Income shall be rewarded to Users on monthly basis. Business Profile User shall activate Business Profile to get access to Services of Online Resource which can be used for commercial or business purposes. For Business Profile activation User shall: (i) be over 16 year old; (ii) have positive rating of User’s Account; (iii) verify User’s email address or mobile phone number. Administration may require any kind of additional information and documents to ensure verification of User’s relation to particular business or organization. Business Profile Users are not allowed unfair business and commercial practices, including any misleading and violation of applicable consumer protection laws. Business Profile Users shall comply with QCHIRP™ Advertising Policy. Business Profile Users grants the intellectual property license to Administration as it’s provided by the clause 7.4 hereby. Business Profile Users represent and warrant that use of Online Resource Services for business or commercial purposes complies with all applicable laws, rules and regulations. Users shall restrict access to the Content, any data, goods and services in accordance with all applicable laws, rules and regulations, including geo-filtering or age-gating access where required. Business Profile Users are responsible for the Content, actions, services, goods or data of third parties and release the Online Resource, its affiliates, directors, officers, employees and agents from any claims and damages, known or unknown, arising out of or in any way connected with such third parties and Business Profile’s usage. QG Market Terms of Service By accepting these Terms you also confirm the QGMarket Terms of Service that is available to the Users at the following link: https://QChirp™ /rules/QGmarket. Final Provisions Nothing in the Terms does not provide User with any right to use the trade name(s), trademark(s), and domain name(s) owned by Administration. These rights can be granted solely on the basis of a written agreement between User and Administration. Regulation and interpretation of these Terms shall be made according to the Governing Law. Any issues not regulated by the Terms shall be settled according to the Governing Law. In case of any dispute or disagreement related to implementation of these Terms, the Parties shall use their best efforts for settlement between them through negotiations. Disputes not settled by negotiations shall be settled by the Parties in the complaint procedure. The claim has to be sent by registered mail or courier service to the Parties’ addresses. Sending of claims by other means is not allowed. Claim consideration term shall be ten (10) working days from the date of its receipt. If the Parties do not reach an agreement, disputes arising between any of the Parties shall be settled by competent court at the location of the registered address of Administration. These Terms shall provide or grant no rights to any third parties (third parties beneficiaries) except to User. Administration may assign (transfer) its rights and obligations according to these Terms to any third parties at its own discretion. In case either one or several provisions of these Terms become invalid or unenforceable, it shall not affect validity or enforce ability of the remaining provisions of the Terms. The current version of the Terms is available to any Internet user at the following link: https://QChirp™ /rules/regulations. These Terms may be amended or supplemented by Administration at any time and without notice to User. A new version of the Terms shall enter into force on the date of its publication on Online Resource. Administration recommends that User regularly check the present conditions of these Terms on the subject of amendments and / or additions. If User continues usage of Online Resource following amendments and / or additions to these Terms that means the relevant adoption and acceptance by the User with such amendments and / or additions.
