Last updated June 4, 2024
We are The Q Space LLC ("Company," "we," "us," "our"), a company registered in Washington, District of Columbia at REGISTERED AGENTS INC. , 1717 N STREET NW, SUITE 1, Washington D.C., 20036
We operate the mobile application The Q Space (the "App"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").
You can contact us by phone at (202) 503-4348, email at support@theqspace.gay, or by mail to The Qspace LLC 1400 L St. NW LBBY 2, Washington , DC, United States 20005-9997 Number 34424..
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and The Q Space LLC, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.
All references in this legal document to "The Q Space", "we", "us", or "our", refer to The Q Space LLC.
We recommend that you print a copy of these Legal Terms for your records.
Scope of Use:
Compliance with Industry-Specific Regulations:
Limitation of Liability:
User Responsibilities:
Modifications and Notice:
Enforcement Rights:
Our Intellectual Property
We, The Q Space LLC, are the owners or licensees of all intellectual property rights related to our Services. This includes all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").
The Content and Marks are protected by copyright, trademark, and other intellectual property laws in the United States and around the world.
The Content and Marks are provided in or through the Services "AS IS" solely for your personal, non-commercial use.
Your use of our Services
Subject to your compliance with these Legal Terms, including the
"PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive,
non-transferable, revocable license to: Access the Services; and
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.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publiclydisplayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: legal@theqspace.gay. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
Your Submissions and Contributions
Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
Contributions: The Services may invite you to chat, contribute
to, or participate in blogs, message boards, online forums, and other
functionality during which you may create, submit, post, display,
transmit, publish, distribute, or broadcast content and materials to
us or through the Services, including but not limited to text,
writings, video, audio, photographs, music, graphics, comments,
reviews, rating suggestions, personal information, or other material
("Contributions"). Any Submission that is publicly posted shall also
be treated as a Contribution.
You understand that Contributions
may be viewable by other users of the Services and possibly through
third-party websites.
When you post Contributions, you grant us a license (including use of your name, trademarks, and logos): By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicense the licenses granted in this section. Our use and distribution may occur in any media formats and through any media channels.
This license includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.
You are responsible for what you post or upload:By sending us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking your account through the Services to any of your social networking accounts, you:
You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.
We may remove or edit your Content:Although we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if in our reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.
Copyright infringement
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately refer to the "COPYRIGHT INFRINGEMENTS" section below.
By using the Services, you represent and warrant that:
If any information you provide is found to be untrue, inaccurate, outdated, or incomplete, we reserve the right to suspend or terminate your account and refuse current or future use of the Services, in whole or in part.
You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
All products are subject to availability. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.
We may include software for use in connection with our Services. If such software is accompanied by an end user license agreement ("EULA"), the terms of the EULA will govern your use of the software. If such software is not accompanied by a EULA, then we grant to you a non-exclusive, revocable, personal, and non-transferable license to use such software solely in connection with our services and in accordance with these Legal Terms. Any software and any related documentation is provided "AS IS" without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You accept any and all risk arising out of use or performance of any software. You may not reproduce or redistribute any software except in accordance with the EULA or these Legal Terms.
You may only access and use the Services for their intended purpose, as defined by us. The Services cannot be used for commercial purposes unless specifically endorsed or approved by us.
As a user of the Services, you agree not to:
The Services may invite you to chat, contribute to, or participate in
blogs, message boards, online forums, and other functionality, and 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 Services, 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
Services and through third-party websites. As such, any Contributions
you transmit may be treated as non-confidential and non-proprietary.
When you create or make available any Contributions, you thereby
represent and warrant that:
Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.
By posting your Contributions to any part of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
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 Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
Use License
If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Legal Terms. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the App; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App; (5) use the App for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the App available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App; (8) use the App to send automated queries to any website or to send any unsolicited commercial email; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.
Apple and Android Devices
The following terms apply when you use the App obtained from either
the Apple Store or Google Play (each an "App Distributor") to access
the Services: (1) the license granted to you for our App is limited to
a non-transferable license to use the application on a device that
utilizes the Apple iOS or Android operating systems, as applicable,
and in accordance with the usage rules set forth in the applicable App
Distributor’s terms of service; (2) we are responsible for providing
any maintenance and support services with respect to the App as
specified in the terms and conditions of this mobile application
license contained in these Legal Terms or as otherwise required under
applicable law, and you acknowledge that each App Distributor has no
obligation whatsoever to furnish any maintenance and support services
with respect to the App; (3) in the event of any failure of the App to
conform to any applicable warranty, you may notify the applicable App
Distributor, and the App
Distributor, in accordance with its
terms and policies, may refund the purchase price, if any, paid for
the App, and to the maximum extent permitted by applicable law, the
App Distributor will have no other warranty obligation whatsoever with
respect to the App; (4) you represent and warrant that (i) you are not
located in a country that is subject to a US government embargo, or
that has been designated by the US government as a "terrorist
supporting" country and (ii) you are not listed on any US government
list of prohibited or restricted parties; (5) you must comply with
applicable third-party terms of agreement when using the App, e.g., if
you have a VoIP application, then you must not be in violation of
their wireless data service agreement when using the App; and (6) you
acknowledge and agree that the App Distributors are third-party
beneficiaries of the terms and conditions in this mobile application
license contained in these Legal Terms, and that each App Distributor
will have the right (and will be deemed to have accepted the right) to
enforce the terms and conditions in this mobile application license
contained in these Legal Terms against you as a third-party
beneficiary thereof.
The Services may contain (or you may be sent via the App) links to
other websites ("Third-Party Websites") as well as articles,
photographs, text, graphics, pictures, designs, music, sound, video,
information, applications, software, and other content or items
belonging to or originating from third parties ("Third-Party
Content"). Such Third-Party Websites and Third-Party Content are not
investigated, monitored, or checked for accuracy, appropriateness, or
completeness by us, and we are not responsible for any Third-Party
Websites accessed through the Services or any Third-Party Content
posted on, available through, or installed from the Services,
including the content, accuracy, offensiveness, opinions, reliability,
privacy practices, or other policies of or contained in the
Third-Party Websites or the Third-Party Content. Inclusion of, linking
to, or permitting the use or installation of any Third-Party Websites
or any Third-Party Content does not imply approval or endorsement
thereof by us. If you decide to leave the Services and access the
Third-Party Websites or to use or install any Third-Party Content, you
do so at your own risk, and you should be aware these Legal Terms no
longer govern. You should review the applicable terms and policies,
including privacy and data gathering practices, of any website to
which you navigate from the Services or relating to any applications
you use or install from the Services. Any purchases you make through
Third-Party Websites will be through other websites and from other
companies, and we take no responsibility whatsoever in relation to
such purchases which are exclusively between you and the applicable
third party. You agree and acknowledge that we do not endorse the
products or services offered on Third-Party Websites and you shall
hold us blameless from any harm caused by your
purchase of such
products or services. Additionally, you shall hold us blameless from
any losses sustained by you or harm caused to you relating to or
resulting in any way from any Third-Party Content or any contact with
Third-Party Websites.
While we provide advertising space, we do not endorse or verify the content or accuracy of any advertisements displayed. All interactions or transactions with advertisers are solely between you and the advertiser, and we do not assume any responsibility or liability for any loss or damage incurred as a result of those interactions. Advertisers are solely responsible for ensuring their ads comply with applicable laws, regulations, and our advertising guidelines.
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, 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 Services 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 Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
We prioritize data privacy and security. Please carefully review our Privacy Policy, available at theqspace.gay, which is incorporated by reference into these Legal Terms. By using the Services, you agree to comply with our Privacy Policy.
Please be advised that the Services are hosted in the United States.
If you are accessing the Services from a region with different
personal data collection, use, or disclosure requirements than those
in the United States, your continued use of the Services constitutes
your consent to the transfer and processing of your data in the United
States.
We employ reasonable technical, administrative, and
physical measures to safeguard personal data against unauthorized
access, alteration, disclosure, or destruction. However, no method of
data transmission or storage is entirely secure. You acknowledge that
you are responsible for maintaining the confidentiality of your
account information and promptly notifying us of any unauthorized
access or use of your account.
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please notify us promptly by sending a Notification via the contact information below. In your Notification, please include the following:
A copy of your Notification will be sent to the individual who posted or stored the material addressed in the Notification. Please be advised that you may be held liable for damages if you knowingly make false representations in a Notification. If you are uncertain whether material available on or linked to through the Services infringes your copyright, you should consider first contacting an attorney.
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR NO REASON, INCLUDING, WITHOUT LIMITATION, FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If your account is terminated or suspended 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 remedies.
If you believe your termination was in error or would like to appeal this decision, please contact us at legal@theqspace.gay. Please note that we cannot guarantee reinstatement, and our decisions are made in accordance with these Legal Terms.
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we are not obligated to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We
may experience hardware, software, or other problems or need to
perform maintenance, resulting in interruptions, delays, or errors.
Whenever feasible, we will notify you of planned maintenance in
advance to minimize inconvenience. However, we reserve the right to
change, revise, update, suspend, discontinue, or otherwise modify the
Services at any time or for any reason without notice. You agree that
we have
no liability whatsoever for any loss, damage, or
inconvenience caused by your inability to access or use the Services
during any downtime or discontinuance of the Services.
Nothing in these Legal Terms obligates us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith. Additionally, we are not liable for disruptions caused by factors beyond our control, including but not limited to natural disasters, government actions, or other acts of force majeure.
These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the District of Columbia, applicable to agreements made and to be entirely performed within the District of Columbia, without regard to its conflict of law principles.
In the event of any disputes arising from or relating to these Legal Terms or the use of the Services, the parties agree to submit to the exclusive jurisdiction of the courts located in the District of Columbia, unless otherwise governed by the arbitration provisions stated in Section 22. You agree to waive any objection based on improper venue or inconvenient forum.
Binding Arbitration
The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in the District of Columbia. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in the District of Columbia, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.
In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Arbitration
The Parties agree that the following Disputes are not subject to the
above provisions concerning binding arbitration: (a) any Disputes
seeking to enforce or protect, or concerning the validity of, any of
the intellectual property rights of a Party; (b) any Dispute related
to, or arising from, allegations of theft, piracy, invasion of
privacy, or unauthorized use; and (c) any claim for injunctive relief.
If this
provision is found to be illegal or unenforceable, then
neither Party will elect to arbitrate any Dispute falling within that
portion of this provision found to be illegal or unenforceable and
such Dispute shall be decided by a court of competent jurisdiction
within the courts listed for jurisdiction above, and the Parties agree
to submit to the personal jurisdiction of that court.
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including but not limited to descriptions, pricing, availability, and other related data. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information on the Services at any time, without prior notice. However, significant corrections or changes affecting previously made transactions will, where feasible, be communicated to users to provide timely and accurate updates.
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU
AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE
FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS
OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF
ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL
ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY
DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND
USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR
SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR
FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR
THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR
OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF
ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE
SERVICES. WE DO
NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY
PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE
SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL
NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR
SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY
MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND
EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
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) your
Contributions; (2) use of the Services; (3) breach of these Legal
Terms; (4) any breach of your representations and warranties set forth
in these Legal Terms; (5) your violation of the rights of a third
party, including but not limited to intellectual property rights; or
(6) any overt harmful act toward any other user of the Services with
whom you connected via the
Services. Notwithstanding the
foregoing, we reserve the right, at your expense, to assume the
exclusive defense and control of any matter for which you are required
to indemnify us, and you agree to cooperate, at your expense, with our
defense 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.
WE WILL MAINTAIN CERTAIN DATA THAT YOU TRANSMIT TO THE SERVICES FOR MANAGING PERFORMANCE, AS WELL AS DATA PERTAINING TO YOUR USE OF THE SERVICES.
ALTHOUGH WE CONDUCT REGULAR BACKUPS OF DATA, THESE ARE PRIMARILY FOR INTERNAL PURPOSES. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING ADEQUATE BACKUPS OF YOUR DATA AND ANY OTHER INFORMATION PERTINENT TO YOUR USE OF THE SERVICES.
WE SHALL NOT BE LIABLE FOR ANY LOSS OR CORRUPTION OF YOUR DATA, INCLUDING BUT NOT LIMITED TO DATA LOSS DUE TO MALICIOUS ACTIVITIES, UNFORESEEN ERRORS, OR TECHNICAL ISSUES BEYOND OUR CONTROL. YOU HEREBY WAIVE ANY RIGHT OF ACTION AGAINST US ARISING FROM SUCH LOSS OR CORRUPTION.
Visiting the Services, sending us emails, and completing online forms
constitute electronic communications. You consent to receive
electronic communications, and you agree that all agreements, notices,
disclosures, and other communications we provide to you
electronically, via email and on the Services, satisfy any legal
requirement that such communication be in writing. YOU HEREBY AGREE TO
THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER
RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS
OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You
hereby waive any rights or requirements under any statutes,
regulations, rules, ordinances, or other laws in
any jurisdiction
which require an original signature or delivery or retention of
non-electronic records, or to payments or the granting of credits by
any means other than electronic means.
If at any time you wish to stop receiving SMS messages from us, simply reply to the text with "STOP.” You may receive an SMS message confirming your opt out.
If at any time you wish to stop receiving SMS messages from us, simply reply to the text with "STOP.” You may receive an SMS message confirming your opt out.
Message and Data Rates
Please be aware that message and data rates may apply to any SMS messages sent or received. The rates are determined by your carrier and the specifics of your mobile plan.
Support
If you have any questions or need assistance regarding our SMS communications, please email us at support@theqspace.gay or call at 202-503-4348 .
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
These Legal Terms and any policies or operating rules posted by us on
the Services or in respect to the Services constitute the entire
agreement and understanding between you and us. Our failure to
exercise or enforce any right or provision of these Legal Terms shall
not operate as a waiver of such right or provision. These Legal Terms
operate to the fullest extent permissible by law. We may assign
any or all of our rights and obligations to others at any time. We
shall not be responsible or liable for any loss, damage, delay, or
failure to act caused by any cause beyond our reasonable control. If
any provision or part of a provision of these Legal Terms is
determined to be unlawful, void, or unenforceable, that provision or
part of the provision is deemed severable from these Legal Terms and
does not affect the validity and enforceability of any remaining
provisions. There is no joint venture, partnership, employment or
agency relationship created between you and us as a result of these
Legal Terms or use of the Services. You agree that these Legal Terms
will not be construed against us by virtue of having drafted them. You
hereby waive any and all defenses you may have based on the electronic
form of these Legal Terms and the lack of signing by the parties
hereto to execute these Legal Terms.
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
The QSpace LLC
1400 L St. NW LBBY 2
Number 34424
Washington, DC 20095-9997
United States
Phone:202-503-4348
support@theqspace.gay