COLOR EIGHT TERMS OF SERVICE

These Terms of Service (“Terms”) govern your access to and use of the service known as “Q!” (the “Service”) made available by Color Eight, LLC (“Color Eight”, “us” or “we”) whether accessed via QuestionGram.com or other website or apps, and any information, images other materials uploaded, downloaded or appearing on the Service (collectively referred to as “Content”). Your permission to access and use the Service is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Service you agree to be bound by these Terms. If you do not agree with any provision of these Terms, you should not access or use the Service.

1. BASIC TERMS

(a) Color Eight gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Service and the software that is provided or made available to you by us as part of the Service. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by us, in the manner permitted by these Terms.

(b) You may use the Service only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. You are responsible for your use of the Service, for any Content you post to the Service, and for any consequences thereof. If you are accepting these Terms and using the Service on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.

(c) The Service is provided “as is” and may be unavailable from time to time. We may suspend or discontinue the Service (or any features within the Service) at any time, with or without advance notice to you. We reserve the right at all times to remove or refuse to publish Content and/or to suspend or terminate your account, for any or no reason, with or without advance notice to you.

(d) We retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

(e) The Service may include advertisements, which may be targeted to the Content or information on the Service, queries made through the Service, or other information.

2. PRIVACY

Your privacy and the privacy of others is important to us. Any information that you provide to us or upload to the Service is subject to our Privacy Policy, which governs our collection and use of information from and about you. You understand that through your use of the Service you consent to the collection and use of this information, and the terms and conditions of our Privacy Policy.

3. PROVIDING AND USING SERVICE CONTENT

(a) All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content.

(b) Color Eight cannot guarantee the accuracy or authenticity of any Content, including without limitation data which users may provide about themselves. You acknowledge and agree that all Content accessed by you using the Service, and any use or reliance by you on that Content, is at your own risk. We do not guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Service or endorse any opinions expressed via the Service.

(b) You grant us a non-exclusive, freely transferable, sub-licensable, royalty-free, worldwide license to use any Content that you post or otherwise make available to or through the Service. You will not post any Content in violation of applicable law or these Terms.

(c) You agree that you will be solely responsible and liable for any damage or loss to you or any other party resulting from Content that you post on the Service and from your use of the Service generally.

(d) We always appreciate your feedback or other suggestions about the Service, but you understand that we may use them without any obligation to compensate you.

4. THIRD PARTY SITES AND SERVICE

The Service may permit you to link to third party websites or resources. When you access third party websites or resources, you do so at your own risk. These other websites and resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of third party websites or resources. The inclusion of any such link does not imply endorsement by us. You further acknowledge and agree that Color Eight shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or service available on or through any third party website or resource.

5. OWNERSHIP AND USE RIGHTS

(a) You retain your rights to any Content you submit, post or display on or through the Service. You grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed). You understand that if you submit, post or display Content and you do not have the right to do so, it may subject you to liability. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

(b) “Color Eight”, “Q!” and “QuestionGram” and associated trademarks, service marks and logos are the exclusive property of Color Eight. All right, title, and interest in and to the Service (excluding Content provided by you) including without limitation rights to our trademarks and logos, are and will remain, as between you and Color Eight, the exclusive property of Color Eight. Nothing in this agreement gives you a right to use the Color Eight name or any of our trademarks, logos, domain names, and other distinctive brand features.

6. RESTRICTIONS ON CONTENT AND USE OF THE SERVICE

You are responsible for all of your activity in connection with the Service and you agree to comply with all applicable local, state, national and international laws and regulations in connection with the same. In particular, without limitation, YOU MAY NOT:

(a) impersonate others while using the Service;
(b) publish or post private and confidential information (such as credit card numbers, street address or Social Security/National Identity numbers) about yourself or others, or content that is abusive, harassing or contains threats of violence or which you know is false or misleading;
(c) use the Service for any unlawful purposes or in furtherance of illegal or offensive activities, including but not limited to the publishing of spam or pornography;
(d) post, publish or facilitate distribution of any content which is vulgar, profane, harassing or promotes bigotry;
(e) harvest or scrape any content from the Service or modify, adapt, appropriate, reproduce or republish or in any way exploit the Service or its content (other than your own submissions) except as expressly authorized by Color Eight ;
(f) upload viruses or other malicious code; or
(g) do anything that could disable, overburden or impair the proper working of the Service.

7. WHEN THESE TERMS APPLY

(a) The Terms apply as soon as you access or use the Service, and will continue to apply until terminated by either you or Color Eight as follows.

(b) You may end your legal agreement with us at any time for any reason by deactivating your account and discontinuing your use of the Service. If you stop using the Service without deactivating your account, your account may be deactivated due to prolonged inactivity.

(c) We may suspend or terminate your account or cease providing you with all or part of the Service at any time for any reason.

(d) The following sections shall continue to apply after termination of these Terms for any reason: 2, 3, 5, 8 and 9.

8. DISCLAIMERS AND LIMITATION OF LIABILITY

(a) THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”. WE DO NOT PROVIDE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE SERVICE.
(b) ALL LIABILITY OF COLOR EIGHT, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HOWSOEVER ARISING FOR ANY LOSS SUFFERED AS A RESULT OF YOUR USE THE SERVICE OR CONTENT IS EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, SAVE THAT, IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT LIABILITY OF COLOR EIGHT, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS (AS APPLICABLE) HAS ARISEN, THE TOTAL OF SUCH LIABILITY SHALL BE LIMITED IN AGGREGATE TO ONE HUNDRED US DOLLARS ($100).
(c) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COLOR EIGHT, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE (AND WHETHER OR NOT COLOR EIGHT, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HAD PRIOR KNOWLEDGE OF THE CIRCUMSTANCES GIVING RISE TO SUCH LOSS OR DAMAGE) WITH RESPECT TO THE SITE, SERVICE, CONTENT, USER SUBMISSIONS OR ADD-TO LINK FOR:

  • INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES;
  • LOSS OF ACTUAL OR ANTICIPATED PROFITS;
  • LOSS OF REVENUE;
  • LOSS OF GOODWILL;
  • LOSS OF DATA;
  • LOSS OF ANTICIPATED SAVINGS;
  • WASTED EXPENDITURE;
  • OR COST OF PROCUREMENT OF SUBSTITUE GOODS OR SERVICE.

(d) YOU ASSUME FULL RESPONSIBILITY FOR ANY LOSS OR DAMAGE YOU MAY INCUR DUE TO FAILURE TO SAFEGUARD YOUR ACCOUNT DETAILS OR PASSWORDS.
(e) COLOR EIGHT DOES NOT GUARANTEE THAT THE SERVICE IS SECURE OR IMPREGNABLE. WE WILL NOT BE RESPONSIBLE IN THE EVENT OF SECURITY BREACH OR INFILTRATION OF OUR SECURITY SYSTEMS, PROVIDED THAT WE HAVE USED REASONABLE EFFORTS TO PREVENT ANY SUCH BREACH OR INFILTRATION.
(f) YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE AND PERFORMANCE OF THE SERVICE, REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.
(g) NOTHING IN THESE TERMS OF USE SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS OF USE.
(h) APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, COLOR EIGHT’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

9. GENERAL

(a) In the event any of the terms or provisions of these Terms shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision.
(b) You and Color Eight agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
(d) These Terms shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the Southern District of New York.

(e) Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation, this section.
(f) These Terms constitute the entire agreement between you and the Color Eight relating to your use of and accessing to the Service. If we fail to enforce any of these Terms, it will not be considered a waiver.