1. CONTRACTUAL RELATIONSHIP
Your access and use of QAN’s website and app constitute your agreement to be bound by these Terms, which established a contractual relationship between you and QAN. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
QAN may amend the Terms related to the Services from time to time. Amendments will be effective upon QAN posting such updated Terms at this location or amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
2. OUR SERVICES
Our Services constitute a technology platform that enables users to express their dual African and LGBTQIA+ identity status in a safe space. In this space, you can build a network/community of friends, romantic relationships, find mentors, discover grant and scholarship opportunities as well as share and promote your own artistic expression.
Subject to your compliance with these Terms, QAN grants you a limited, non-exclusive , non-sublicensable , revocable, non-transferable license to: (i) access and use QAN’s website and app on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by QAN and QAN’s licensors.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by QAN; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
C. PROVISIONS OF THE SERVICES
You acknowledge that portions of the Services may be made available under QAN various brands or request options. You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) QAN’s affiliates; or (ii) independent Third-Party Providers.
D. THIRD PARTY SERVICES AND CONTENT
The Services and all rights therein are and shall remain QAN’s property or the property of QAN’s licensors. Neither these Terms not your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner QAN’s company names, logos, product and service names, trademarks or services marks or those of QAN’s licensors.
3. YOUR USE OF THE SERVICES
A. USER ACCOUNTS
In order to use most aspects of the Services, you must register for and maintain an active personal user account. You must be at least 18 years of age, to obtain an Account. Account registration requires you to submit to QAN certain personal information. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or QAN’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by QAN in writing, you may only possess one Account.
B. USER REQUIREMENTS AND CONDUCT
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no dissemination of unlawful or hazardous materials). You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or personal damage, whether to the Third-Party Provider or any other party. In certain instances, you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
C. USER-PROVIDED CONTENT
QAN may, in QAN’s sole discretion, permit you to upload, submit, publish or otherwise make available to QAN, audio, and/or visual content and information, including commentary and feedback related to the Services. Any User Content provided by you remains your property. However, by providing User Content to QAN, you grant QAN a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and QAN business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant QAN the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor QAN’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicly or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by QAN in its sole discretion, whether or not such material may be protected by law. QAN may, but shall not be obligated to review, monitor, or remove User Content, at QAN’s sole discretion and at any time and for any reason, without notice to you.
D. NETWORK ACCESS AND DEVICES
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devises necessary to access and use the Services and Applications and any updates thereto. QAN does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
You understand that use of the Services may result in charges to you for the services of goods you receive from a Third-Party Provider (“Charges”). Upon your request to access certain services obtained through your use of QAN, QAN will facilitate your payment of the applicable Charges on behalf of the Third-Party Provider as such Third-Party Provider’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third-Party Provider. Charges may include purchases of books. Charges paid by you are final and non-refundable unless otherwise determine by QAN.
All Charges are due immediately and payment will be facilitated by QAN using the preferred payment method designated in your Account, after which QAN will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that QAN may, as the Third-Party Provider’s limited payment collection agent, use a secondary payment method in your Account, if available.
As between you and QAN, QAN reserves the right to establish, remove and/or revise Charges for any or all services obtained through the use of the Services at any time in QAN’s sole discretion.
5. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY
In addition, QAN makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the services or any services or goods required through the use of the services, or that the services will be uninterrupted or error-free. QAN does not guarantee the quality, suitability, safety or ability of third-party providers. You agree that the entire risk arising out of your use of the services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.
B. LIMITATION OF LIABILITY
QAN shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the services, even if QAN has been advised of the possibility of such damages. QAN shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the services or your inability to access of use the services; or (ii) any transaction or relationship between you and any third party provider, even if QAN has been advised of the possibility of such damages. QAN shall not be liable for delay or failure in performance resulting from causes beyond QAN’s reasonable control.
You agree to indemnify and hold QAN and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorney’s fees) arising out of our in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) QAN’s use of your User Content; or (iv) your violation of the rights of any third party, including Third-Party Providers.
6. GOVERNING LAW; ARBITRATION
7. OTHER PROVISIONS
A. CLAIMS OF COPYRIGHT INFRINGEMENT
Claims of copyright infringement should be sent to [email protected].
QAN may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to QAN by written communication to QAN address.
You may not assign or transfer these Terms in whole or in part without QAN’s prior written approval. You give your approval to QAN for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of QAN’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exist between you, QAN or any Third-Party Provider as a result to the contract between you and QAN or use of the Services.
If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part therefore shall to that extent be deemed not to form party of these Terms shall not be affected. In that event the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to”.