Statement of Rights and Responsibilities
This Statement of Rights and Responsibilities ("Terms") sets forth the terms of service that governs our relationship with users and others who interact with QR Scheduler™. All rights and interests related to QR Scheduler™ are owned exclusively by GK Technology Solutions Partners, Inc. By using or accessing QR Scheduler™, you agree to these Terms as updated from time to time as set forth below.
Privacy
Your privacy is very important to us. We designed our data usage policy to make important disclosures about how you can use QR Scheduler™ to acquire and disseminate information and how we collect and can use any content or information entered into our system or disseminated through the QR Scheduler™ process. We encourage you to read these Terms in full, including the data use policies set forth herein and the other information and materials provided or otherwise available to you so that you can make an informed decision whether or not to use QR Scheduler™.
Sharing Your Content and Information
1. For content that is covered by intellectual property rights (“IP”) which we obtain through your use of the QR Scheduler™ process, you specifically give us permission to use that content. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license (“IP License”) to use any IP content that is entered into our system or obtained through your use of the QR Scheduler™ process. This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but likely will not be available to others).
3. When you use an application, the application may ask for your permission to access your content and information as well as content and information that others have shared with you. Your agreement with that application will control how the application can use, store, and transfer that content and information.
4. When you publish content or information using the QR Scheduler™ process, it means that you are allowing everyone who obtains the associated QR Scheduler™ bar code to access and use that information, and to possibly associate it with you.
Safety
You agree to the following.
1. You will not use QR Scheduler™ to upload viruses or other malicious code.
2. You will not use QR Scheduler™ to post unauthorized commercial communications (such as spam).
3. You will not use QR Scheduler™ to collect users' content or information by automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
4. You will not use QR Scheduler™ to engage in unlawful multi-level marketing, such as a pyramid scheme.
5. You will not use QR Scheduler™ to solicit login information or access an account belonging to someone else.
6. You will not use QR Scheduler™ to bully, intimidate, or harass any user.
7. You will not use QR Scheduler™ to create content that is hate speech, threatening, or pornographic.
8. You will not use QR Scheduler™ to create content that incites violence, contains nudity or graphic or gratuitous violence.
9. You will not use QR Scheduler™ to develop or operate an application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
10. You will not use QR Scheduler™ to do anything unlawful, misleading, malicious, discriminatory, or unethical.
11. You will not do anything that could disable, overburden, or impair the proper working or appearance of QR Scheduler™, such as a denial of service attack or interference with page rendering or other QR Scheduler™ functionality.
12. You will not facilitate or encourage any violations of these Terms or our policies.
Registration and Account Security
In order to use the QR Scheduler™ process, QR Scheduler™ users provide their real names and information. In doing so, you agree to the following:
1. You will not provide any false personal information on QR Scheduler™, or create an account for anyone other than yourself without permission.
2. You will not create more than one personal account.
3. If we disable your account, you will not create another one without our permission.
4. You will not use QR Scheduler™ if you are under 18.
5. You will keep your contact information accurate and up-to-date.
6. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
7. You will not transfer your account to anyone without first getting our written permission.
8. We reserve the right to remove, reclaim, restrict or deny any account in our sole discretion.
Protecting Other People's Rights
You agree:
To not post content or take any action with QR Scheduler™ that infringes or violates someone else's rights or otherwise violates the law.
2. We can remove any content or information created or associated with QR Scheduler™ if we believe that it violates these Terms or our policies.
3. If we remove your content for infringing someone else's copyright or IP or for any other reason whatsoever, and you believe we removed it by mistake, you have no right to appeal our decision.
4. We can disable your account for any or no reason at all.
5. You will not use our IP, copyrights or trademarks or any confusingly similar marks, except as expressly permitted by us with our prior written permission.
6. If you collect information from QR Scheduler™ users, you will: obtain their consent, make it clear you, and not QR Scheduler™, are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
7. You will not use QR Scheduler™ to disseminate anyone's identification documents or sensitive financial information.
Mobile and Other Devices
1. We currently do not add additional surcharges for mobile services, but please be aware that your carrier's normal rates and fees, such as text messaging fees, will still apply.
About Advertisements and Other Commercial Content Served or Enhanced by QR Scheduler™
To help us deliver ads and commercial content that are valuable to you, our users and advertisers, you agree to the following:
1. You give us permission to use any information entered into our website or disseminated through our QR Scheduler™ application.
2. We may give your content or information to advertisers without your consent.
3. You understand that we may not always identify paid services and communications as such.
Special Provisions Applicable to Advertisers
You may be able to target your desired audience by buying ads on QR Scheduler™ or our publisher network. The following additional terms apply to you if you place an order by contacting us (“Order”):
1. When you place an Order, you will tell us the type of advertising you want to buy, the amount you want to spend, and your bid. If we accept your Order, we will deliver your ads as inventory becomes available. When serving your ad, we do our best to deliver the ads to the audience you specify, although we cannot guarantee in every instance that your ad will reach its intended target.
2. In instances where we believe doing so will enhance the effectiveness of your advertising campaign, we may broaden the targeting criteria you specify.
3. You will pay for your Order in accordance with our payment terms.
4. Your ads will comply with our advertising guidelines.
5. We will determine the size, placement, and positioning of your ads.
6. We do not guarantee the activity that your ads will receive, such as the number of clicks your ads will get.
7. We cannot control how clicks are generated on your ads. To the extent that we have systems that attempt to detect and filter certain click activity, we are not responsible for click fraud, technological issues, or other potentially invalid click activity that may affect the cost of running ads.
8. You can cancel your order in accordance with the terms of your advertising agreement with us.
9. Our license to run your ad will end when we have completed your Order. You understand, however, that if users have interacted with your ad, your ad may remain until the users delete it.
10. We can use your ads and related content and information for marketing or promotional purposes.
11. You will not issue any press release or make public statements about your relationship with QR Scheduler™ without our prior written permission.
12. We may reject or remove any ad for any reason.
13. If you are placing ads on someone else's behalf, you must have permission to place those ads, including the following:
a. You warrant that you have the legal authority to bind the advertiser to these Terms.
b. You agree that if the advertiser you represent violates these Terms, we may hold you responsible for that violation.
Special Provisions Applicable to Software
1. If you download our software, such as a stand-alone software product or a browser plugin, you agree that from time to time, the software may download upgrades, updates and additional features from us in order to improve, enhance and further develop the software.
2. You will not modify, create derivative works of, decompile or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license or we give you express written permission.
Amendments
1. You agree that we may make changes to these Terms without any notice to you whatsoever.
2. If we make changes to policies referenced in or incorporated by these Terms, we may provide notice on our website but are under no obligation to do so.
3. Your continued use of QR Scheduler™ following changes to our terms constitutes your acceptance of our amended terms.
Termination
If you violate the letter or spirit of these Terms, or otherwise create risk or possible legal or financial exposure for us, we can stop providing all or part of QR Scheduler™ to you without refund. We may delete your account or disable your application at any time, with or without cause. In all such cases, these Terms, as amended from time to time, will remain in full force and effect.
Disputes
1. You will resolve any claim, cause of action or dispute (“Claim”) you have with us arising out of or relating to these Terms or QR Scheduler™ exclusively in a state or federal court located in McLean County, Illinois. The laws of the State of Illinois will govern these Terms, as well as any Claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in McLean County, Illinois for the purpose of litigating all such claims.
2. If anyone brings a claim against us related to your actions, content or information, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions who use QR Scheduler™ and are not responsible for the content or information users transmit, share or disseminate using QR Scheduler™. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter by using QR Scheduler™. We are not responsible for the conduct, whether online or offline, or any user of QR Scheduler™.
3. WE TRY TO KEEP QR SCHEDULER™ UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING QR SCHEDULER™ AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT QR SCHEDULER™ WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT QR SCHEDULER™ WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. QR SCHEDULER™ IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, OWNERS, INVESTORS AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR QR SCHEDULER™, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR QR SCHEDULER™ WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. 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, QR SCHEDULER™’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Special Provisions Applicable to Users Outside the United States
The following provisions apply to users and non-users who interact with QR Scheduler™ outside the United States:
1. You consent to having your personal data transferred to and processed in the United States.
2. If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities with QR Scheduler™ (such as advertising or payments) or operate a platform application or website.
Definitions
1. By "QR Scheduler™" we mean the features and services we make available, including through: (a) our website at www.qrscheduler.com and any other QR Scheduler™ branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) other media, software (such as a toolbar), devices, or networks now existing or later developed; and (d) our QR Scheduler™ applications for smart phones.
2. By "Platform" we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from QR Scheduler™ or provide data to us.
3. By "information" we mean facts and other information about you, including actions taken by users and non-users who interact with QR Scheduler™.
4. By "content" we mean any information you or other users provide to QR Scheduler™ that would not be included in the definition of information.
5. By "data" or "user data" or "user's data" we mean any data, including a user's content or information that you or third parties can retrieve from QR Scheduler™ or provide to QR Scheduler™ through Platform.
6. By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
7. By "application" we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.
Other
1. These Terms are an agreement between you and GK Technology Solutions Partners, Inc. References to “us,” “we,” and “our” mean GK Technology Solutions Partners, Inc.
2. These Terms make up the entire agreement between the parties regarding QR Scheduler™, and supersedes any prior agreements.
3. If any portion of these Terms are found to be unenforceable, the remaining portion will remain in full force and effect.
4. If we fail to enforce any of these Terms, it will not be considered a waiver.
5. In order for any amendment to or waiver of these Terms to be enforceable against us, such amendment or waiver must be in writing and signed by us.
6. You will not transfer any of your rights or obligations under these Terms to anyone else without our consent.
7. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, sale of assets or other such similar transfer or disposition, or by operation of law or otherwise.
8. Nothing in these Terms shall prevent us from complying with the law.
9. These Terms do not confer any third party beneficiary rights.
10. We reserve all rights not expressly granted to you.
11. You will comply with all applicable laws when using or accessing QR Scheduler™.
Information we receive about you
We receive a number of different types of information about you, including but not limited to:
· Information entered into our web site when registering to create a QR Scheduler™ bar code.
· Information associated with any schedule used associated with a QR Scheduler™ bar code.
· Information associated with registration information.
When you register for QR Scheduler™, you are required to provide information such as your name, email address and other information specified on the registration form. We may use all such information as provided herein.
We also receive other types of information about you:
· We receive data from the computer, mobile phone or other device you use to access QR Scheduler™, including when multiple users log in from the same device. This may include your IP address and other information about things like your internet service, location, the type (including identifiers) of browser you use, or the pages you visit. For example, we may get your GPS or other location information so we can tell you if any of your friends are nearby.
· We receive data whenever you visit a game, application, or website that uses a QR Scheduler™ Platform or visit a site with a QR Scheduler™ feature, sometimes through cookies. This may include the date and time you visit the site; the web address, or URL, you're on; technical information about the IP address, browser and the operating system you use.
· Sometimes we get data from our affiliates or our advertising partners, customers and other third parties that helps us deliver ads, understand online activity, and generally make QR Scheduler™ better. For example, an advertiser may tell us information about you (like how you responded to an ad on QR Scheduler™ or on another site) in order to measure the effectiveness of - and improve the quality of - ads.
We also put together data from the information we already have about you and others who have used the same QR Scheduler™ bar codes as you. We may put together your current city with GPS and other location information we have about you to, for example, tell you and your friends about people or events nearby, or offer deals to you that you might be interested in. We may also put together data about you to serve you ads that might be more relevant to you.
When we get your GPS location, we put it together with other location information we have about you (like your current city). But we only keep it until it is no longer useful to provide you services, like keeping your last GPS coordinates to send you relevant notifications.
How we use the information we receive
We use the information we receive about you in connection with the services and features we provide to you and other users such as those that access similar QR Scheduler™ bar codes, our partners, the advertisers that purchase ads on the site, and the developers that build the games, applications, and websites you use. For example, in addition to helping people see and find things that you do and share, we may use the information we receive about you:
· as part of our efforts to keep QR Scheduler™ products, services and integrations safe and secure;
· to protect QR Scheduler™’s or others' rights or property;
· to provide you with location features and services, like telling you when something is going on nearby;
· to measure or understand the effectiveness of ads you and others see, including to deliver relevant ads to you;
· to make suggestions to you and other users of QR Scheduler™; and
· for internal operations, including troubleshooting, data analysis, testing, research and service improvement.
We store data for as long as it is necessary to provide products and services to you and others, including those described above. In most but certainly not all cases, information associated with your account will be kept until your account is deleted.
Service Providers
We give your information to the people and companies that help us provide, understand and improve the services we offer. For example, we may use outside vendors to help host our website, process payments, analyze data, conduct and publish research, measure the effectiveness of ads, or create QR Scheduler™ bar codes. In some cases we may provide the service jointly with another company. In all of these cases our partners must agree to only use your information consistent with the agreement we enter into with them, as well as within the parameters of these Terms.
Change of Control
If the ownership of our business changes, we may transfer your information to the new owner so they can continue to operate the service.
Deleting and deactivating your account
If you want to stop using your account, you can either deactivate or delete it. We reserve the right, however, to retain, use or allow others to use any QR Scheduler™ bar codes created through your account.