Qboys.NET general terms and conditions of use
Date of entry into force, 15.01.2018
in the more known as QBOYS and QBOYS services.
These terms and conditions apply to your use of the service. Please read these terms carefully so that you know what rights and responsibilities you have when using the service.
Through the access, download, use, purchase and/or subscribe to the QBOYS you confirm that you have read this agreement, understood and acknowledged.
You will find links to this agreement:
AGE RESTRICTIONS AND SECURITY
NO USE BY MINDERJÄRIGE. The age or the age of consent differs according to location and countries. Persons under (17) / (18) years of age or (21) years in places where the age of majority and the age of consent does not (16), (17) or (18) years may directly or indirectly see the QBOYS, possess or otherwise use.
You must be of legal age. Hereby confirm and guarantee, that you at present seventeen (17) and or or Achtzehn(18) and or or twenty-one (21) years (in places where the age not of sixteen (16), seventeen (17) and or eighteen (18) years) old and Legally enter into this agreement and to comply with all obligations set out therein are capable.
Security. QBOYS assumes no responsibility for your use of the QBOYS, or for the actions of other users with whom you share information or contact.
QBOYS is no listening about the meeting. QBOYS does not check the criminal history of the user. QBOYS does not check the information of the user regarding the content of the profile, health status, physical and/or spiritual Constitution, etc.
QBOYS also accepts no responsibility for any acts or legal consequences when using sites that lead to criminalization attempts or to limit your personal interactions.
Make own informed decisions about the use of the application in your site and consider follow up possible negatives.
WARNING, important legal notice to site data. The QBOYS are intended only as personal, location-based services for individual use and should not be as positioning system in emergency situations, during driving and attending of vehicles, in a dangerous environment, the fail-safe Performance is required or used in other cases, in which the failure or inaccuracy of the application or the QBOYS can lead to death, personal injury or severe injury or property damage. QBOYS is not for the search of members, for the vehicle tracking or other business or professional use intended or suitable, for such purposes is the use of specially designated products recommended.
Use outside of Switzerland. The QBOYS services are controlled by qboys.net a social network in Switzerland and so that your use of the services is subject to the Swiss law regardless of your place of residence. QBOYS makes no warranty that suited the QBOYS services for use in other locations or are permitted by law in all legal systems. Access to QBOYS services from other locations is done at your own risk, the user is responsible for compliance with applicable local laws. You agree to the transfer and processing of your data in Switzerland and any other legal system in the world.
Language. QBOYS provides user convenience to international users in German and English to this agreement.
In the event of a conflict of the texts and or when a dispute is German or Turkish. As reserves QBOYS the right translation errors and similar problems which caused the local language versions of this agreement and the QBOYS services to resolve.
- The terms and conditions apply to the contract and all rights of use, the user of the service.
- QBOYS can at any time change these terms and conditions. The user is individually about changes via E-Mail and / or private message and / or notified when logging in to the service. The new version of the terms and conditions will be available for viewing and download on the site. If the user still uses the service after these terms and conditions have been changed or added, the user hereby irrevocably accepts the modified or amended terms and conditions. If the user does not agree to the modified or amended terms and conditions, is the exclusive remedy of the user is no longer to use the service and to terminate his or her account.
- should any provision in these terms and conditions as a (partial) void or unenforceable be viewed, the other provisions of these terms and conditions fully remain in force and effective. In this case, QBOYS is the trivial or not
- Use of the service
Mobile device. For the use of the QBOYS, you need a mobile device compatible with QBOYS services. QBOYS does not warrant that the QBOYS services are compatible with your mobile device. You must pay all mobile radio costs incurred through the use of QBOYS services, including SMS and roaming charges and costs for the use of the data. If you are not sure what fees, contact your mobile service provider before using the QBOYS services.
Constraint. , You are not permitted to modify the QBOYS services (a), disassemble, decompile or reverse-engineering perform, unless it is this restriction lifted by law; expressly
(b) QBOYS services for rent, lend, resell, sublicense, distribute or otherwise to transfer or to offer your QBOYS services for other users or in a similar way;
(c) copies of the QBOYS services to create;
(d) the safety features of the services of QBOYS to remove, circumvent, disable, damage or otherwise to obstruct, or same for functions which prevent the use or copying of content available through QBOYS services or limit as well as for features, which restrict the use of QBOYS services, perform; or (e) copyright notices or similar information in the QBOYS services to delete.
Open Source. All contained in the QBOYS open source or third-party code may be covered by the applicable end user license agreement (EULA) for open source or third-party. This agreement does not limit your rights under the provisions of a valid end user license agreement for open source and gives you no rights, which would repeal such provisions.
Trademarks, names, images and logos. The name associated with the QBOYS, pictures, drawings, text, icons, Illustrationenund logos are property of QBOYS. The use of these trademarks is permitted only with prior written permission and the permission of QBOYS. All rights reserved.
Use by government agencies. The QBOYS services are intended for use by individuals and or not for State institutions. The use by public authorities requires a consent of the QBOYS. The terms of this agreement apply to the use without the consent of QBOYS.
QBOYS a free insight is not obligated to the State authorities and / or to provide information about the QBOYS users. But a court order and / or a civil or criminal arrangement exists. This agreement gives no more extensive user rights for QBOYS State users than those laid down in this agreement.
App-Stores. You acknowledge and agree that the availability of the QBOYS of the third party is sensitive, about which you have downloaded the QBOYS, such as Android market or the Apple app store („app stores“). You acknowledge that this agreement between you and QBOYS does not exist, with the app store. Each app store has its own terms and conditions, which you must agree to before you can download QBOYS. You agree that you comply with all terms and conditions of the respective app stores, where your right to the use of QBOYS requires compliance with the said conditions.
QBOYS grants a non-exclusive, non-transferable, limited right to access and use the service solely for personal and non-commercial purposes the user hereby, notwithstanding that in paragraphs 3.5, 3.6 and 3.7 to the conditions of this Mentioned conditions exceptions of use.
- 1. the user acknowledges and agrees that QBOYS checks the user content transmitted or provided with the service does not require and that QBOYS has no effect on the user content provided through the service. QBOYS is not liable and / or responsible for the user content through the service and / or the use of the service provided by the user.
- Notwithstanding other provisions of these terms and conditions, the use of the service shall not:
(a) include software such as viruses or Trojans, computer or data from QBOYS, users or third parties and damage, delete, make unavailable or inaccessible;
avoid b) technical security measures of computer systems by QBOYS or third parties;
(c) the inappropriate or disproportionate use of the infrastructure of the computer systems of QBOYS or third party to interfere with or impede the functionality of the service;
- d) include manual or automated software, devices, or other processes to the „Trawlen“, „Spiders“ or scraping content of the service;
(e) unauthorized or unsolicited advertising, junk, spam, bulk email, fraud and / or represent phishing;
(f) intellectual property rights, personal rights or other rights of third parties infringing;
(g) involve (virtual) child pornography or bestiality;
- h) minors in any way to damage, including, but not limited to, the
Finding unlawful contacts;
i) promote or provide instructions or information about how one turns to illegal behavior, commits illegal activities or physical harm or injury benefit;
(j) illegal activities include, which run contrary to morality or public order;
(k) false or misleading information;
(l) an unlawful use of as harassment or stalking other users include and / or other inappropriate use include;
- The use of the service is done at expense and risk of the user. The user is responsible to meet the technical and functional requirements and to use the electronic communication facilities, which are necessary to access the service and use it. The risk of a loss, theft or damage of data held at any time by the user.
- The service may contain information derived from Web sites or services of third parties (E.g. via hyperlinks, banners or buttons) and / or relating to. Conditions may apply to these Web sites or services for third parties. QBOYS has no impact on the information and the content of the websites and services of such third party. QBOYS accepts no responsibility and / or liability for the information and content of the websites and services of such third party..
Account registration. If you create an account with one of the QBOYS services (an „account“) and enter the data, you ensure that these data are correct. If the information changes, you must immediately update the data.
Account security. You are responsible for maintaining the confidentiality of your password and account data in full. Also you carry sole responsibility for each activity carried out through your account. You agree to put QBOYS immediately of any unauthorized use of your account and any other breach of security in knowledge. We are not liable for loss, damage, liabilities, expenses or Attorney’s fees, that arise as a result of the use of your password or account by a third party, whether this is done with your or without your knowledge. Rather, you are liable for any loss, damages, obligations, expenses or attorney fees of QBOYS or third parties caused by the authorized or unauthorized use of your account by another person.Account record.
QBOYS is not obliged to retain account records or information, or information that you have saved on your account or QBOYS services. The QBOYS services are designed not to store data. You are solely responsible for backing up your data (E.g. through separate saving of contact information of people you get to know about the QBOYS services).
- 1 to get the service, the user needs an account on the website and / or app create described. With the help of the account, the user can change his profile, edit, use and / or update. The user is responsible to keep his credentials confidential. The user is responsible and liable for any use of the service on his account. Once the user knows or has reason to believe is getting his account into the hands of unauthorized, the user should report promptly QBOYS thereof, notwithstanding its own obligation to take themselves without delay effective measures, such as for example the Password change of his account.
- The user must at least seventeen (17) and to be eighteen (18) years of age, to use the service. By accepting these terms and conditions, the user guarantees that he at least seventeen (17) and or eighteen (18) and or or (21) years old and that he could create an account, and the service must use. (see also under age determination)
- QBOYS assumes no liability for damages caused by unauthorized access to or use of the service caused by the user or third parties.
- The user can fill out with their own user account which register required fields. The user may only register a user account, if he is a natural person and is only in its own name.
- the user can further information requested and / or conditions within the app of to a paid profile upgrade like for example Prince, King and or update versions of the star.
- QBOYS may in its sole discretion a user request, additional information for the verification of personal data and / or user content to provide the user account and / or the service has published. QBOYS can decide based on this additional information, personal data and / or edit user content or to delete and / or to suspend the account and the use of the service by the user, or to delete.
- Additional versions & services
Certain services such as Prince-user, KING-user, and star-user versions are only after creating a user account and payment of a fee available. These accounts get access to additional versions & services for a certain period of time is automatically extended. Period, extension period, and total price for each additional versions & services offer are specified on the QBOYS or in the places, where the additional versions & services are offered.
Auto-renewal. Additional versions & services will be extended automatically and continuously. You acknowledge and agree that the additional versions & services will be automatically renewed unless you these services do not advertise or how they suspend or terminate pursuant to this agreement.
Right of revocation. You can switch your additional versions & services in accordance with the provisions of this Agreement terminate. To perform the termination, please follow the corresponding statement in the QBOYS. No cancellation fees apply.
Purchases. We reserve the right to update at any time and without notice to correct errors or data. Troubleshooting is done by changing the information in the QBOYS services or by reporting the error, and then you get the opportunity to cancel your order. It is entirely at our discretion whether we accept cancellation requests o for individual orders.
No refunds. At QBOYS, all payments are final, the costs are non-refundable. Cancellations will take effect for the following billing cycle when the payment becomes due. You receive no refund of any payment amount, even if the payment for multiple accounting periods has been made.
Taxes. If not otherwise specified at the time of acquisition, are all payments to QBOYS without taxes, levies, or duties imposed by tax authorities. You are solely responsible for the payment of such taxes, levies, or duties.
- Intellectual property rights
- QBOYS and / or its suppliers reserve all rights not expressly granted to the user in these terms and conditions. The user acknowledges and agrees that QBOYS and its suppliers retain all rights, title and interests, including the intellectual property rights in and to the service as well as any modification adaptations or translations thereof, provided that no laid down expressly in these terms and conditions. The user acknowledges and agrees, that he acquires any express or implicit right here, except for the rights expressly granted in the framework of these terms and conditions. The user is not permitted to sell restrictive rights to the service, rent, transfer or grant, or make available to third parties in any manner or for any purpose. The user will not allow’s also third remote or otherwise access to the service or to provide the service to a third party.
- a) The user retains all intellectual property rights in the user content uploaded by him. QBOYS claims no intellectual property rights which are owned by the user. The user grants a royalty-free, clear and untroubled, worldwide, sub-licensable, non-exclusive right to use user content, QBOYS the he exclusively in connection with the service provided by QBOYS through the website and / or app has uploaded. (b) The user himself can control its user content including images which are visible to the public.(c) QBOYS is not allowed and will use without your prior consent for marketing purposes outside of his website or app any user content.(d) QBOYS may use user content, that were made by users for internal marketing purposes on the website or in the app only publicly visible and available (such as highlighting new profiles on the home page or top footprints). The marketing is limited on the site and app and refers only to QBOYS itself. QBOYS will use never non-public user content for the limited purposes of marketing. The user content be used for the marketing of third parties.
- The user agrees and acknowledges that the user content, which he published with the help of the service, can be used by other users. QBOYS cannot guarantee that other users the user content in accordance with these terms and conditions and / or take advantage of the laws. QBOYS is not responsible for entries or acts of another user and takes over therefore no liability for acts by other users who violate these terms and conditions, applicable law and / or other illegal acts.
The collection of data by means of the service is to look at as a database within the meaning on the legal protection of databases and of the Swiss law of databases. QBOYS and / or its licensors are the manufacturers of this database and have the exclusive right to consent to the use of data from this database in this property. The user may use only data from the database, so far as is permitted in accordance with these terms and conditions. The user is not allowed without prior written consent of QBOYS and / or its licensors to recover a substantial part of the database and to reuse and / or non-essential parts of the database again and systematically to reuse the database directive of the Swiss database law.
- In order to prevent violations of rights as soon as possible third-party, QBOYS has developed a process for reporting allegedly infringing or illegal user content. Users can send a report, the website and / or in the APP should contain specified information.
- QBOYS will investigate the report. On the basis of the information in the report and / or other information QBOYS may decide in its sole discretion, to take the measures it deems appropriate, including, but not limited to: a) warning to the responsible user;
- b) deactivation of the competent user account;
(c) delete the responsible user account; and / or d) deletion of user content
- QBOYS reserves the right to forward the report to the user who is responsible for the allegedly infringing or illegal user content.
- QBOYS reserves the right not to comply with the requirements set out in the report, for example, if there are justified doubts about the authenticity of the report, the validity of the provided evidence or a balancing of interests on the part of QBOYS. In this context, QBOYS for example, a judicial decision of a competent court in the may require Switzerland that Court to prove that the material or the activity is obviously unlawful.QBOYS is party to a legal dispute between the user and the party that has submitted the report, unless in any case unless QBOYS decides otherwise at its discretion.
- by issuing a report, the user QBOYS of any acts shall indemnify third parties or claims which are related to the deletion of material or the setting of activities. The compensation covers all costs and damages, the QBOYS in connection with any such action or such damage arising, including – but not limited to – cost for legal aid.
- 7 QBOYS respects and safeguards the privacy of users and / or third parties who submit reports. All personal information that receives a report, be processed always in accordance with this agreement.
- Compensation and interruptions
- QBOYS does not warrant that the service is always accurate, complete or up-to-date .
- The user agrees that the service provides only the functionality and other features, can be found at the time of use in the service. QBOYS does not warrant that the service or any portion thereof at any time and without disruption or downtime available is and / or stand. Error in the service can by mistake in the Internet or telephone connection or through viruses and / or errors / defects occur. QBOYS shall be liable to the user for damages, losses or costs that this result or arise that the service is (temporarily) unavailable, including, but not limited to, loss of data or an inability on the service access to or use.
- QBOYS is entitled to change the service and / or to update and the design and layout to replace any of the functionalities of the service without prior notice and without obligation to be, the users to pay any compensation.
- QBOYS is entitled to use the service (temporarily) out of service and / or its use without to reduce prior notice, without having to pay user any compensation if this is necessary according to QBOYS for example, in the Connection with the appropriate required maintenance of the service or due to force majeure. Force majeure includes – storm but not limited on – construction sites or building blocks, strikes, riots, demonstration, war, terrorist attacks, bad weather, epidemics, special work interruptions, delays in transportation, earthquake, fire. Flood or water damage, delay or cancellation of the delivery of parts, goods or services that have been ordered by third parties to QBOYS, or governmental, legal or regulatory restrictions.
- QBOYS guaranteed in any way, that the business conditions applicable to software or services provided by third parties – including, but not limited to, the terms and conditions of Apple and Google – the use and / or interaction with the service enable.
- The user is responsible and liable for any use of the service, including, but not limited to the use of his account and / or profile. The user QBOYS from all claims third party indemnifies, in connection with or due to the use of the service by the user, breach of the user against these terms and conditions and / or unlawful actions.
- Limitation of liability
- The liability of QBOYS for wrongfully failing obligations for the execution of the contract or any other unlawful acts is excluded insofar as this is permitted by mandatory or mandatory legal norms.
- The only remedy of the user in the case of attributable failure or illegal action of QBOYS is to discontinue use of the service and / or to delete his account.
- In the event that QBOYS is damages after a mandatory or mandatory law, the damage to an amount of CHF 100, – per event is limited (a number of related events is regarded as an event). In no event QBOYS exceed s shall CHF 200,-.
- QBOYS is only a software and Applikationslösung for voluntary use. A liability of the authorities, courts and / or against the users and / or third party is excluded.
Exemption. Hereby forever indemnify us (and our officers, employees, representatives, successors and assigns) to the broadest extent permitted and waive all previous, current and future lawsuits, claims, Disputes, claims, rights, obligations, warranties, actions and proceedings of any kind (including with regard to bodily injury, mental stress, identity theft, death, property loss and damage), the direct or indirectly created are or are or relate directly or indirectly to:
(1) interactions with other QBOYS users or acts, omissions, and user content thereof, or (2) Web sites, products, services or links of third parties, on or about QBOYS services are available.
If in California and or in United States are resident, they hereby on their rights of section 1542 of the California Civil Code (CALIFORNIA CIVIL CODE) regarding waive the previous provision, which says: „a general exemption affects not to“ OFF, BY WHICH THE CREDITOR AT THE TIME OF THE EXEMPTION HAS NO KNOWLEDGE CLAIMS OR HE NOT BELIEVED THEIR PRESENCE IN HIS FAVOR, AND, HAD THEY BEEN KNOWN TO HIM, MUCH TO ITS COMPARISON WITH THE DEBTOR IMPACTED BY THAT WOULD.“
- Termination and remedies
- 1. the user is entitled to terminate the contract by he ended the use of the service and / or the account Announces.
- 2. QBOYS is in addition to the other options that are available QBOYS available at any time at its sole discretion without prior written notice or explanation, and without to be liable to the user, entitled, a) the account of the user and his Temporarily or permanently terminate use of the service, if QBOYS considers that such a termination in its sole discretion, including, but not limited to, a violation under this agreement;
- (b) (temporarily) to restrict the activities of the user in connection with the service, or suspend or remove a user from the service;
- (c) a user stop to use the service and to prevent blocked users from creating a new account and / or delete accounts created by blocked users;
- (d) (partial) Edit, delete or deny content or services within the service as described in this agreement.
- all provisions which should survive the termination of the agreement including, but not limited to, all representations, warranties and indemnification obligations of the user persist beyond this termination.
- Third Parties
- 1. QBOYS reserves the right third-party and its authorized representatives with the provision of services under the contract and / or these terms and conditions to use, either in whole or in part.
- 2. the user is not entitled, its rights and / or obligations under the agreement or these terms and conditions to a third party to transfer.
- Apple Store / Itnues : additional terms and conditions
The following additional terms and conditions apply if you are QBOYS about an Apple app store.
- Confirmation. QBOYS and you confirm that this agreement between you and QBOYS instead of Apple, and that is QBOYS, not Apple, responsible for the QBOYS software and its contents. If the rules for QBOYS software in this agreement are less restrictive or contrary to the rules of use for QBOYS in the Apple app store terms of service, the more restrictive or opposing Apple app find Store terms of service application. The license granted to you for QBOYS is confined to the non-transferable right to use QBOYS on any in your possession or ownership device within the framework of the rules laid down in the Apple app store terms of service.
- Maintenance and support. QBOYS bears the sole responsibility for maintenance and support services in relation to QBOYS, as specified in this agreement (if applicable) or as required under applicable law. QBOYS and you acknowledge that Apple is subject to no obligation, perform maintenance and support services in relation to QBOYS software. QBOYS is responsible for all express or statutory product guarantees, provided they were not effectively excluded. Applicable warranty service for QBOYS should not be provided, you can contact about Apple in knowledge, whereupon you Apple refunded the purchase price for the QBOYS. Apple has to the broadest extent permitted no further warranty obligations in relation to QBOYS, so that for all other claims, losses, warranties, damages and costs with regard to the non-performance of a warranty only QBOYS verantwortlic.
- Product claims. QBOYS and you confirm that QBOYS – third in QBOYS, your possession and/or use of QBOYS is responsible not Apple – to clarify your claims or the claims, including the following aspects: (i) product liability claims; (ii) claims that the QBOYS meet the legal requirements; and (iii) claims under consumer protection or similar legislation. QBOYS liability towards you is limited by this agreement does not have the legal permitted,.
- Intellectual property rights. QBOYS and you confirm that QBOYS – not Apple – assumes the sole responsibility for the investigation, defense, settlement and fulfillment if a third party claims that QBOYS or Possession or use of QBOYS violates the intellectual property rights of the third party.
- Compliance with statutory requirements. You represent and warrant that (i) you are not in a country, that a US embargo and is your country was designated by the U.S. Government as a „terrorism-promoting“; and (ii) you are not listed on a list of the US Government for prohibited or restricted parties.
- Name and address of the developer. The contact details of QBOYS are for any questions, complaints or claims from end users on QBOYS to find in this agreement. Or see also http://qboys.net/contact-us/ • agreement provisions for third parties. When using the QBOYS, you must meet the provisions of the agreement to a third party.
- Third-party beneficiary. QBOYS and you confirm that Apple and its subsidiaries, third party beneficiaries of this agreement are and that Apple, receives the right upon your acceptance of the terms and conditions of this agreement, (and it is assumed that Apple this right) adopted), as third party beneficiaries to enforce this agreement against you.
- Any and all correspondence and communications between the user and QBOYS may be in German. If the user does not understand the German language, he must inform immediately QBOYS.
- QBOYS can be contacted via the contact information on the website.
- Applicable law and competent court
- These terms and conditions, the contract and the use of the service is subject to the laws of Switzerland. The applicability of the Vienna Sales Convention is expressly excluded. All other legal requirements outside of Switzerland is expressly excluded, unless the QBOYS decides and or allows a different legal applicability.
- All disagreements, disputes or claims, the out of or in connection with these terms and conditions, the contract and / or using the service, are permanently and exclusively by the competent court in the Zürich of district of Switzerland, regulated, unless a mandatory provision of the (International) law prescribes a different competent court
- Account: the area, created by the user when registering for the service, such as a user account, which section it is managed and which section contains the personal data specified by the user during the registration process;
- Additional services: additional, chargeable services of QBOYS, such as on the Web site and / or app described;
- Agreement: the agreement between QBOYS and the user for access to and use of the service and / or additional services.
- App: the QBOYS app for mobile devices, such as on the website described.
- Credentials: Email, user name, name, and password of the user profile, which are required to access the account and the service to use;
- Intellectual property rights: all intellectual property rights, including, but not limited to rights such as copyrights, trademark rights, patents, design rights, trade mark rights, database rights and related;
- Personal data: any data that directly or indirectly linked to a natural person in connection;
- Profile: the part of the account that is visible to other users. The profile is part of the account.
- Report: notification, which can be used to report infringing user content on the website and / or are available in the APP;
- Service: all services, including additional services, from QBOYS via the website and / or deployed app;
- Terms and conditions: these terms and conditions, which apply to any use of the service;
- User: the natural person who is registered for the user account, user-normal user-free user easy, user Prince, user-King and user star;
- User content: All content, providing the user by using the service, including, but not limited to, forum posts, profile information, Prof