Sqimqueeze Terms and Conditions of Use
Hey guys! Welcome to Sqimqueeze's Terms and Conditions of Use (these "Terms"). Our Attorney’s insist that we impose rules on users to protect all of our hard work. This is a contract between you and the Sqimqueeze Group (as defined further below) and we want you to know yours and our rights before you use the Sqimqueeze platform ("Website"). Please take a few moments to read these Terms before enjoying the Website, because once you access, view or use the Website, you are going to be legally bound by these Terms (so probably best to read them first!).
As Your Content is unique, you are responsible and liable for Your Content and will indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content. Sorry that was a bit mouthful, but you are what you post!
You may not display any personal contact or banking information on your individual profile page whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details). If you choose to reveal compromising information to other Sqimqueeze user’s, whether via email or otherwise, you do so at your own risk. We encourage you to use the same caution in disclosing details about yourself to third parties online as you would under any other circumstances.
As Sqimqueeze is a public community, Your Content will be visible to other users of the Website all around the world instantly - so make sure you are comfortable sharing Your Content before you post. As such, you agree that Your Content may be viewed by other users and any person visiting, participating in or who is advertising on the Sqimqueeze Website. By uploading Your Content on Sqimqueeze, you represent and warrant to us that you have all necessary rights and licences to do so, and automatically grant us a non-exclusive, royalty free, perpetual, worldwide licence to use Your Content in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing and otherwise making available to the general public such Content, whether in whole or in part and in any format or medium currently known or developed in the future).
We may assign and/or sub-licence the above licence to our affiliates and successors without any further website roval by you.
We have the right to remove, edit, limit or block access to any of Your Content at any time, and we have no obligation to display or review Your Content.
Several members of Sqimqueeze will also share content via the Website. Member Content belongs to the user who posted the content and is stored on our servers and displayed via the Website at the direction of the user providing the Member Content. You do not have any rights in relation to other users' Member Content, and you may only use other Sqimqueeze users' personal information to the extent that your use of it matches Sqimqueeze's purpose of allowing people to transact with one another. You may not use other users' information for commercial purposes, to spam, to scam, to harass, or to make unlawful threats. We reserve the right to terminate your Account if you misuse other users' information. Member Content is subject to the terms and conditions of Sections 512(c) and/or 512(d) of the Digital Millennium Copyright Act 1998. If you have a complaint about Member Content, please see the Digital Millennium Copyright Act section below for more information.
We don't like users misbehaving in the Sqimqueeze community – users should not do bad things to other users. Therefore, you can report any abuse or complain about Member Content by contacting us, outlining the abuse and/or complaint. You can also report a user directly from a profile or in chat by clicking the 'Block & Report' on Sqimqueeze. Also, we don't appreciate users doing bad things to Sqimqueeze - we've worked hard on our creation, so scraping or replicating any part of the Website without our prior consent is expressly prohibited. This includes by any means (automated or otherwise) other than through our currently available, published interfaces - unless you have been specifically allowed to do so in a separate agreement with us.
For information about how the Sqimqueeze Group collects, uses, and shares your personal data, please check out our Privacy Policy – this is important stuff, and makes for great bedtime reading! By using Sqimqueeze, you agree that we can use such data in accordance with our Privacy Policy.
The Website may be dependent on and/or interoperate with third-party owned and/or operated platforms and services, e.g., Apple (iTunes, etc.), Google, Facebook, Twitter, etc. (each, a “Third Party Platform”) and may require that you be a registered member of such Third Party Platforms and provide certain account credentials and other information in order to access the Website. By using the Website, you agree to comply with any applicable terms, conditions or requirements promulgated by any provider of a Third Party Platform (e.g., Facebook’s Terms of Use, iTunes Store Terms of Use, etc.). We may make certain products and/or services available to users of the Website in consideration of a subscription fee or other fees (“Premium Services”), including the ability to purchase products, services and enhancements, such as the accessibility to our premium affiliates on ‘Sqim’s Rep’ (“In-Website Products”). If you choose to use Premium Services or purchase In-Website Products, you acknowledge and agree that additional terms may Apply to your use of, access to and purchase of such Premium Services and In-Website Products, and such additional terms are incorporated herein by reference. You may purchase Premium Services and In-Website Products through the following payment methods (each, a “Premium Payment Method”): (a) making a purchase through the Websitele Website Store ®, Google Play or other mobile or web platform platforms or storefronts authorized by us (each, a “Third Party Store”), (b) paying with your credit card, debit card, or PayPal account, which will be processed by a third party processor, or (c) adding charges to your mobile carrier bill and remitting payment directly to your carrier. Once you have requested a Premium Service or In-Website Product, you authorize us to charge your chosen Premium Payment Method and your payment is non-refundable. If payment is not received by us from your chosen Premium Payment Method, you agree to promptly pay all amounts due upon demand by us. If you want to cancel or change your Premium Payment Method at any time, you can do so either via the payment settings option under your profile or by contacting your mobile service provider. If your chosen Premium Payment Method is via your mobile service provider, then please check with them about their payment terms, as their payment terms will govern how payments to the Sqimqueeze Group are made as well as how such payments may be changed or cancelled. Your subscription to the Sqimqueeze Group’s Premium Services will automatically renew until you decide to cancel in accordance with such terms, except otherwise stated where there shall be no automatic renewal. In the event of a conflict between a Third Party Store’s terms and conditions and these Terms, the terms and conditions of the Third Party Store or service provider shall govern and control. We are not responsible and have no liability whatsoever for goods or services you obtain through the Third Party Store, our third party service providers or other web sites or web pages. We encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties. If you choose to purchase an In-Website Product, you will be prompted to enter details for your account with the Third Party Store you are using (e.g., Android, Apple, etc.) (“your Mobile Platform Account”), and your Mobile Platform Account will be charged for the Premium Service and/or In-Website Product in accordance with the terms disclosed to you at the time of purchase, as well as the general terms applicable to all other in-website purchases made through your Mobile Platform Account (e.g., Android, Apple, etc.). Premium Services and In-Website Products may include one-time purchases as well as monthly subscriptions (e.g., a one-month subscription, three-month subscription, six-month subscription, etc.) to additional account features. At the end of the free trial period (if any), you will be charged the price of the subscription and will continue to be charged until you cancel your subscription, except otherwise stated where there shall be no automatic renewal. Please note that for Premium Services and In-Website Products bought on a subscription basis, your subscription will automatically renew for the same subscription period as you initially purchased (e.g., if you bought an In-Website Product on a six-month subscription, your subscription will be automatically renewed for an additional six-months). To avoid any charges for additional periods, you must cancel before the end of the free trial period, subscription period or renewal, as applicable, in accordance with the terms and conditions of your Mobile Platform Account and the terms and conditions of any applicable Third Party Store. The pricing may vary due to a number of factors, such as (but not limited to) promotional offers, loyalty bonuses and other discounts that might apply to your age group. Please note that for Premium Services and In-Website Products you will be billed continuously for the subscription or service until you cancel in accordance with your Mobile Platform Account’s or your Premium Payment Method’s terms. In all cases, we are not responsible and have no liability whatsoever for any payment processing errors (including card processing, identity verification, analysis and regulatory compliance) or fees or other service-related issues, including those issues that may arise from inaccurate account information, or products or goods you obtain through your Mobile Platform Account or Third Party Stores. Further, the Sqimqueeze Group does not guarantee that product descriptions or other content and products will be available, accurate, complete, reliable, current or error-free. Descriptions and images of, and references to, products or services (including Premium Services or In-Website Products) do not imply our or any of our affiliates' endorsement of such products or services. Moreover, the Sqimqueeze Group and its third party operational service providers reserve the right, with or without prior notice, for any or no reason, to change product descriptions, images, and references; to limit the available quantity of any product; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from conducting any or all transaction(s); and/or to refuse to provide any user with any product. Further, if we terminate your use of or registration to the Website because you have breached these Terms, you shall not be entitled to a refund of any unused portion of any fees, payments or other consideration. We encourage you to review the terms and conditions of the applicable third party payment processors, Third Party Store or Mobile Platform Account before you make any In-Website Products or Premium Service purchases.
We may provide you with emails, text messages, push notifications, alerts and other messages related to the Website and/or the Sqimqueeze services, such as enhancements, offers, products, events, and other promotions. After downloading the Website, you will be asked to accept or deny push notifications/alerts. If you deny, you will not receive any push notifications/alerts. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from the Website, you may opt out by changing your notification settings on your mobile device. With respect to other types of messaging or communications, such as emails, text messages, etc., you can unsubscribe or opt out by either following the specific instructions included in such communications, or by emailing us with your request at Captain@sqimqueeze.com
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The Website may allow access to or make available opportunities for you to view certain content and receive other products, services and/or other materials based on your location. To make these opportunities available to you, the Website will determine your location using one or more reference points, such as GPS, Bluetooth and/or software within your mobile device. If you have set your mobile device to disable GPS, Bluetooth or other location determining software or do not authorize the Website to access your location data, you will not be able to access such location-specific content, products, services and materials. For more about how the Website uses and retains your information, please read the Privacy Policy.
Brace yourselves, this may look daunting but it is very important!
THE WEBSITE, SITE, OUR CONTENT, AND MEMBER CONTENT ARE ALL PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN WE GRANT THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION. ADDITIONALLY, WE DO NOT MAKE ANY WARRANTIES THAT THE WEBSITE OR SITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE WEBSITE OR SITE WILL MEET YOUR EXPECTATIONS, OR THAT THE WEBSITE, SITE, OUR CONTENT, ANY MEMBER CONTENT, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. YOUR USE OF THE WEBSITE OR SITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. THE Sqimqueeze GROUP IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER. Sqimqueeze DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS. NEITHER US NOR ANY OWNER WILL BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF THE WEBSITE, SITE, OUR CONTENT, OR ANY MEMBER CONTENT, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE. THE FOREGOING SHALL APPLY EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE WEBSITE OR SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE WEBSITE AND SITE. YOU HEREBY WAIVE ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE WEBSITE OR SITE. BECAUSE SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($50). THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE WEBSITE AND SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE.Your access to the Website, Our Content, and any Member Content, as well as these Terms are governed and interpreted by the laws of the State of Connecticut, other than such laws, rules, regulations and case law that would result in the platform of the laws of a jurisdiction other than the State of Connecticut. By using the Website, you are consenting to the exclusive jurisdiction of the courts of the United States and the State of Connecticut. You agree that such courts shall have in persona jurisdiction and venue and waive any objection based on inconvenient forum. You agree that you will not file or participate in a class action against us. In the event there is a discrepancy between this English language version and any translated copies of the Terms, the English version shall prevail. The Terms constitute a binding legal agreement between you as user (“you”) and the Sqimqueeze Group (“we” or “us”). The Sqimqueeze Group includes, but is not limited to, Sqimqueeze Limited Effective date