TERMS AND CONDITIONS FOR THE FEMALE QUOTIENT (“FQ”) SOFTWARE APPLICATIONS, WEB SITES AND SERVICES

FQ requires that you carefully read and agree to the following Terms and Conditions before using any FQ software applications, websites and services (collectively, the “Site”). By accessing, browsing, or using FQ’s Site, you accept and are bound by these Terms and Conditions. This document is subject to change by FQ at any time. Use of FQ’s Site after changes or modifications to these Terms and Conditions shall be deemed to constitute acceptance of such changes or modifications.

If you do not agree to these Terms and Conditions, you are not authorized to access or use FQ’s Site, and you are to immediately cease using FQ’s software applications and services.

FQ’s Site may only be used by individuals eighteen (18) years of age or older. By using the Site, you represent and warrant that you are at least eighteen (18) years of age or older.

Before using the Site, FQ advises you to read FQ’s Privacy Policy regarding FQ’s use and collection of your personal information.

Prohibited Uses

In accepting these Terms and Conditions, you agree to not use FQ’s Site in connection with the following prohibited uses:

  • Violations of Law: You are prohibited from using FQ’s Site in or in connection with criminal or civil violations of federal, state, local, or international laws, regulations, or other governmental requirements. You also agree not to infringe or violate the rights (including intellectual property, privacy, and publicity rights) of any other person(s). If such violations occur FQ may and will report such activities to the appropriate law enforcement agencies, regulators, or other third parties.
  • Security Violations: You are prohibited from attempting or conducting any activities that may harm the security of FQ’s Site. Any attempts may also result in criminal or civil liabilities to you. Such violations include but are not limited to:
    • Logging into an account of another without permission.
    • Impersonating another user of any software applications.
    • Accessing data of another or of FQ or taking any action to obtain services not intended for your use.
    • Probing, scanning, or assessing the vulnerability of applications, servers or computing infrastructure.
    • Tampering, hacking, modifying, or attempting to corrupt or breach security or authentication measures.
    • Transmitting material, electronic communications or electronic correspondence that [a] contains viruses, Trojan horses, worms, time bombs, cancelbots, or [b] causes or attempts to cause “flooding,” “mailbombing,” “crashing,” DDOS attacks on any website or computing infrastructure or any other devices or otherwise damages or disrupts any website or computing infrastructure.
    • Selling or giving access to your FQ account to someone else;
    • Collecting data on any users.
  • Harassment and/or Threatening behavior: You are prohibited from threatening or using FQ’s Site to harass or threaten others. You are also prohibited from using FQ’s Site for the propagation of offensive matters such as hate speech and pornography.
  • Spam: You are prohibited from using FQ’s Site in any way to perpetuate spam.
  • Miscellaneous Prohibitions: You also agree that you will not use FQ’s Site to (a) post or upload content meant to solicit a third-party’s services (b) infringe the intellectual property rights of others (c) falsify, delete or mutilate author attributions or proprietary legal notices, (d) harvest, collect, accumulate or otherwise gather information about others. Such information includes but is not limited to email addresses or personally identifying information.
    FQ reserves the right to determine in its sole discretion, whether a user has used FQ’s Site in an impermissible way. FQ also reserves the right to terminate any user’s access to FQ’s Site if a user uses the Site in a way that FQ deems unfit, in its sole discretion. FQ is not required to notify said user before taking such action.

Intellectual Property

FQ retains ownership of all proprietary rights in all trade names, trademarks, service marks, logos, and domain names (“FQ’s Marks”) associated or displayed with FQ’s Site. You may not post, modify, distribute, or reproduce in any way FQ’s Marks copyrighted material, trademarks, rights of publicity or other proprietary rights without obtaining the prior written consent of the owner of such proprietary rights. You may not frame or utilize framing techniques to enclose any of FQ’s Marks, or other proprietary information (including images, text, page layout, or form) of FQ without its express written consent. You may not use any meta tags or any other “hidden text” utilizing FQ’s Marks without FQ’s express written consent. No copying, redistribution, retransmission, publication, exploitation (commercial or non-commercial) of FQ’s Site or any related material is permitted without the express written permission of FQ. Portions of FQ’s Site are protected by copyright, trade dress, trademark, unfair competition, and other state and federal laws. FQ’s Site and related materials may not be copied or imitated in whole or in part, by any means. Nothing in this agreement shall be construed as granting by license, implication, estoppel or otherwise, any license or right to use any service mark or trademark owned or used by FQ.

Responsibility for End-Users

You agree that you will not use, and will not permit any user to use, the Site to: (i) modify, disassemble, decompile, prepare derivative works of, or reverse engineer FQ’s software, web sites, applications and services; (ii) build or benchmark a competitive product or service, or copy any features, functions or graphics of FQ’s Site; (iii) reproduce, resell, or distribute any reports or data generated by or obtained from use of FQ’s Site and services for any purpose or otherwise generate income from the development, production or marketing of a service or product substantially similar to the FQ’s software, web sites, applications and services. You are responsible for the activities of all users who access or use your account and FQ assumes no responsibility or liability for violations.

No Warranty; Disclaimers

FQ MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE MATERIALS AND RELATED GRAPHICS PUBLISHED AS PART OF THE FQ SOFTWARE, APPLICATIONS, WEB SITES AND SERVICES. THESE ARE ALL PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. FQ HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE FOREGOING, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL FQ BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OR NON-PERFORMANCE OF FQ’s SOFTWARE, APPLICATIONS, WEB SITES AND SERVICES.

Your Content

You are solely responsible for the content (“Content”) sent, uploaded, displayed or transmitted by You. You represent and warrant that You have the right to upload the Content to FQ’s Site, and that such use does not violate or infringe on any rights of any third party. Under no circumstances will FQ be liable in any way for any for any of Your Content as defined herein.

Indemnity

By using FQ’s Site, you agree to indemnify and hold harmless FQ and all its affiliates and subsidiaries, officers, agents, employees, and suppliers, from and against any claims, suits, or demands, liability or expense (including reasonable attorney’s fees) arising from or in any way related to your use of FQ’s Site. If you misuse FQ’s Site, you also agree to indemnify FQ for claims and damages incurred by FQ and/or third parties resulting from or in any way related to the misuse. These claims include, but are not limited to, assertion of libel, defamation, violation of right of privacy or publicity, copyright infringement, trademark infringement or other infringement of any third party right, fraud, false advertising, misrepresentation, product liability or violation of any law, statute, ordinance, rule, or regulation in connection with software applications, websites or any related content, including any links; any breach by you of any duty, representation, warranty under this or any agreement with FQ, or any claim relating to a contaminated file, virus, worm, Trojan horse, or other device that could impair or injure any person or entity emanating from FQ software applications, services, websites or any related content. You are solely responsible for defending any claim, and for payment of damages or losses resulting from the foregoing to both a third party and to FQ.

Governing Law

By using FQ’s Site and related services and materials, you agree that all disputes hereunder shall be governed by and construed according to the laws of the State of California, without giving effect to its choice of law principles. You agree that all actions and proceedings arising out of or relating directly or indirectly your use of the Site shall be litigated solely and exclusively in the state or federal courts located in the City of Los Angeles, California, and that such courts are convenient forums. Each party hereby submits to the personal jurisdiction of such courts for purposes of any such actions or proceedings. The prevailing party in any dispute shall be entitled to recover the costs, including reasonable attorneys’ fees and/or collection fees, in any action brought to enforce these terms or their rights hereunder.

If any provision of these Terms and Conditions is held to be illegal, invalid, or unenforceable, the legality, validity and enforceability of the remainder of these Terms and Conditions shall not be affected and those provisions shall remain in full force and effect.

All terms and provisions of these Terms and Conditions will be binding upon and inure to the benefit of the Parties hereto and their respective permitted transferees, successors, and assignees.

No failure by FQ to fully exercise any right, power or remedy under these Terms and Conditions shall be deemed to be a waiver of such right, power or remedy. No waiver by either party under any provision of these Terms and Conditions shall be considered a waiver of any subsequent breach or default under any provision of these Terms and Conditions. No waiver shall be effective unless in writing signed by the party waiving its rights hereunder.