Last Updated: June 8, 2020
Qortex, Inc. (“Qortex,” or “we,” “our,” or “us”) provides you access to our website located at https://qortex.ai (the “Site”) subject to the following terms and conditions (the “Terms of Use”). BY ACCESSING AND USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS OF USE AND THE TERMS AND CONDITIONS OF OUR PRIVACY POLICY (THE “PRIVACY POLICY”), WHICH ARE HEREBY INCORPORATED INTO THESE TERMS OF USE AND MADE A PART HEREOF BY REFERENCE (COLLECTIVELY, THE “AGREEMENT”). IF YOU DO NOT AGREE TO ANY OF THE TERMS IN THE AGREEMENT, YOU MAY NOT ACCESS OR USE THE SITE.
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
If you accept or agree to the Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the Agreement and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
We reserve the right, at our sole discretion, to modify, discontinue, or terminate the Site, or to modify the Agreement, at any time and without prior notice. If we modify the Agreement, we will post the modification on the Site or provide you with notice of the modification at the last email address you gave us. By continuing to access or use the Site after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Agreement. If the modified Agreement is not acceptable to you, your only recourse is to cease using the Site.
In addition to the Site, Qortex provides subscribers access to Qortex’s proprietary platforms (collectively, the “Platforms”), subject to the terms and conditions of that certain subscription agreement between each subscriber and Qortex (the “Subscription Agreement”). If there is a conflict between these Terms of Use and terms and conditions of the Subscription Agreement, the latter terms and conditions will take precedence with respect to subscriber’s use of or access to the applicable Platform.
Capitalized terms not defined in these Terms of Use shall have the meaning set forth in our Privacy Policy.
The Site is available only for individuals aged 18 years or older. If you are 18 or older, but under the age of majority in your jurisdiction, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.
You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
We reserve the right, in our sole and absolute discretion, to deny you access to the Site or any portion thereof, without notice and without reason.
The Site is protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms of Use, Qortex and its licensors exclusively own all right, title, and interest in and to the Site, including all associated intellectual property rights. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Site.
You may view all content on the Site (the “Content”) for your own internal business use and not for any other use, including any commercial use, without the prior written consent of Qortex. We, and our licensors, retain all right, title, and interest, including all intellectual property rights, in and to the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website, social media page, or in a networked computer environment for any purpose is expressly prohibited.
If you violate any part of this Agreement, your permission to access the Site automatically terminates and you must immediately destroy any copies you have made of the Site.
The trademarks, service marks, and logos of Qortex (the “Qortex Trademarks”) used and displayed on the Site are registered and unregistered trademarks or service marks of Qortex. Other company, product, and service names located on the Site may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Qortex Trademarks, the “Trademarks”). Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any website is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Qortex Trademarks inures to our benefit.
Elements of the Site are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
By accessing and/or using the Site, you hereby agree to comply with the following guidelines:
We reserve the right, in our sole and absolute discretion, to deny you (or any device) access to the Site, or any portion thereof, without notice.
We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Site and our services (“Feedback”). Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to any Feedback you provide, we shall be free to use and disclose any ideas, concepts, know-how, techniques, or other materials contained in your Feedback for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information, without compensation or attribution to you.
THE SITE AND OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND NEITHER QORTEX NOR QORTEX’S SUPPLIERS MAKE ANY WARRANTIES WITH RESPECT TO THE SAME OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, AND QORTEX HEREBY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ERROR-FREE OR UNINTERRUPTED OPERATION, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. TO THE EXTENT THAT QORTEX AND QORTEX’S SUPPLIERS MAY NOT AS A MATTER OF APPLICABLE LAW DISCLAIM ANY IMPLIED WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.
IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE SITE OR ANY RELATED SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SITE OR ANY RELATED SERVICES SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100) EXCEPT AS PROVIDED IN ANY SUBSCRIPTION AGREEMENT BETWEEN YOU AND QORTEX.
The Site may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the Site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
You will indemnify, defend, and hold Qortex, its Affiliates (as defined below), and our and their respective shareholders, members, officers, directors, employees, agents, and representatives (collectively, “Qortex Indemnities”) harmless from and against any and all damages, liabilities, losses, costs, and expenses, including reasonable attorney’s fees (collectively, “Losses”) incurred by any Qortex Indemnity in connection with a third-party claim, action, or proceeding (each, a “Claim”) arising from (i) your misuse of the Site or the Content; or (ii) your breach of this Agreement; provided, however, that the foregoing obligations shall be subject to our: (i) promptly notifying you of the Claim; (ii) providing you, at your expense, with reasonable cooperation in the defense of the Claim; and (iii) providing you with sole control over the defense and negotiations for a settlement or compromise.
The Site is based in the United States. We make no claims concerning whether the Site may be viewed or be appropriate for use outside of the United States. If you access the Site from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
We reserve the right, in our sole discretion, to restrict, suspend, or terminate the Agreement and/or your access to all or any part of the Site, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Site at any time without prior notice or liability.
In the event of a dispute arising under or relating to this Agreement or the Site (each, a “Dispute”), such dispute will be finally and exclusively resolved by binding arbitration governed by the Federal Arbitration Act (“FAA”). NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. As set forth in Section 12 below, nothing in this Agreement will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of New York, Borough of Manhattan for purposes of any such action by us.
The Agreement and any action related thereto will be governed by the laws of the State of New York without regard to its conflict of laws provisions. The Parties hereby consent and agree to the exclusive jurisdiction of the state and federal courts located in the State of New York, Borough of Manhattan for all suits, actions, or proceedings directly or indirectly arising out of or relating to this Agreement, and waive any and all objections to such courts, including but not limited to, objections based on improper venue or inconvenient forum, and each party hereby irrevocably submits to the exclusive jurisdiction of such courts in any suits, actions, or proceedings arising out of or relating to this Agreement
If the Agreement is terminated in accordance with the termination provision in Section 9 above, such termination shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: “Ownership,” “Feedback,” “No Warranties; Limitation of Liability,” “Indemnification,” “Compliance with Applicable Laws,” “Termination of the Agreement,” “Controlling Law; Exclusive Forum,” and “Miscellaneous.”
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, the Agreement constitutes the entire agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.
Copyright 2020 Watch Fantom Inc. DBA Qortex, Inc. All rights reserved.
Last Modified: August 8, 2025
Acceptance of the Terms of Use
These terms of use are entered into by and between You and Qortex Inc.("Company,""we," “our,” or "us"). The following terms and conditions, together with anydocuments and policies they expressly incorporate by reference (collectively,"Terms of Use" and "Terms”) govern your access to and useof our Advanced Video Intelligence services (collectively, the "Services"), whether as a client,guest, or a registered user.
Please read the Terms of Use carefully before you start to use the Services. By using the Services or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound andabide by these Terms of Use and our Privacy Policy, incorporated herein byreference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Services.
The Services are intended primarily for brands and agencies but are available globally to eligible users. Self‑serve users must be at least 18 and legally able to form a binding contract. The Services are not directed to children under 13. By using the Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you donot meet all of these requirements, you must not access or use the Services.
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediatelywhen we post them, and apply to all access to and use of the Services thereafter.
Your continued use of the Servicesfollowing the posting of revised Terms of Use means that you accept and agreeto the changes. You are expected to check this page frequently so you are awareof any changes, as they are binding on you.
Pricing, Payments, Credits, Changes
Pricing may change at any time and current pricing isdisplayed separately on checkout or other pages (e.g., Stripe) and is notincorporated into these Terms.
Self‑serve purchases are paid in advance by credit card;enterprise customers may pay via ACH or as otherwise agreed in writing.
Fees, such as monthly platform, enterprise license/integration, and pre‑purchased usage credits are non‑refundable; unused credits expire one (1) year after purchase. All fees are non-refundable,including without limitation where a user terminates its account or the Company terminates access for any violation of these Terms. No pro-rated refunds willbe issued for any unused portion of a subscription term, credits, or other prepaid amounts. Disputes must be raised within thirty (30) days of the later ofthe transaction. Undisputed amounts remain due; unresolved balances become immediately due sixty (60) days after notice. For any amounts unpaid by the due date, you will be responsible for late fees of $200 per month and 2.0% per month. We may also suspend access after thirty (30) days and offset any amounts due.
Any and all taxes shall be your sole responsibility.
You hereby agree to any other terms specified on separate pages related to fees and payment.
Accessing the Services and Account Security
We reserve the right to withdraw or amend the Services, and any service or material we provide in connection with the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users.
You are responsible for both:
· Making all arrangements necessary for you tohave access to the Services.
· Ensuring that all persons who access the Servicesthrough your internet connection are aware of these Terms of Use and complywith them.
To access the Services or some of theresources it offers, you may be asked to provide certain registration detailsor other information. It is a condition of your use of the Services that allthe information you provide in connection with the Services is correct,current, and complete. You agree that all information you provide to registerwith the Services or otherwise, including, but not limited to, through the useof any interactive features on the Services, is governed by our Privacy Policy,and you consent to all actions we take with respect to your informationconsistent with our Privacy Policy.
If you choose, or are provided with, a username, password, or any other piece of information as part of our securityprocedures, you must treat such information as confidential, and you must notdisclose it to any other person or entity. You also acknowledge that youraccount is personal to you and agree not to provide any other person withaccess to the Services or portions of it using your user name, password, orother security information. You agree to notify us immediately of anyunauthorized access to or use of your user name or password or any other breachof security. You also agree to ensure that you exit from your account at theend of each session. You should use particular caution when accessing youraccount from a public or shared computer or network so that others are not ableto view or record your password or other personal information. Each paiduser seat is for one named individual and credentials may not be shared.Enterprise plans may include multiple seats under one customer account.
We have the right to disable any user name,password, or other identifier, whether chosen by you or provided by us, at anytime in our sole discretion for any or no reason, including if, in our opinion,you have violated any provision of these Terms of Use.
Intellectual Property Rights
The Services and its entire contents,features, and functionality (including but not limited to all technology,algorithms, code (including, but not limited to, source code and object code),data, information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, itslicensors, or other providers of such material and are protected by UnitedStates and international copyright, trademark, patent, trade secret, and otherintellectual property or proprietary rights laws.
Subject to your full and ongoing compliancewith these Terms of Use, we grant you a limited, non-exclusive,non-transferrable, non-sublicensable, revocable license to use and access theServices solely as set forth in these Terms of Use. Except as otherwise setforth in these Terms, you must not reproduce, distribute, modify, createderivative works of, publicly display, publicly perform, republish, download,store, or transmit any of the material included in our Services.
You must not access or use for anycommercial purposes any part of the Services or any services or materialsavailable through the Services.
If you print, copy, modify, download, orotherwise use or provide any other person with access to any part of the Servicesin breach of the Terms of Use, your right to use the Services will stopimmediately and you must, at our option, return or destroy any copies of thematerials you have made. No right, title, or interest in or to the Services orany content included in the Services is transferred to you, and all rights notexpressly granted are reserved by the Company. Any use of the Services notexpressly permitted by these Terms of Use is a breach of these Terms of Use andmay violate copyright, trademark, and other laws.
As between the parties, Company owns all outputs, insights,and data created pursuant to the Services. Subject to payment and compliance,you receive a limited, non‑exclusive, non‑transferable, non‑sublicensablelicense to use the outputs, insights, and data provided by Company internallyand for delivery to your direct clients on whose behalf you act. You shall haveno right to sublicense, sell, transfer, or assign, the output and insights toany third party. Upon termination or non‑renewal of the Services, access andusage by you of the Services, outputs, insights, and data shall immediately cease.Notwithstanding the foregoing, Company may allow you to share certain exportsas a part of its Services. Any approved exports you share must preserveattribution provided by the Services and, where reasonably practicable, include“Powered by Qortex.” Public posting must comply with usage limits and theseTerms. Users shall not remove, obscure, or alter any attribution, proprietary,or branding notices displayed by the Services, including any ‘Powered byQortex’ designation, unless expressly permitted in writing by Qortex. Qortexmay suspend or terminate access to the Services, without refund, for anyremoval or alteration of such notices. Notwithstanding the foregoing, in theevent that an agency uses the Services and has the correct accountsubscription, it may share with its brands outputs, insights, and data createdpursuant to the Services that are approved by Company for distribution.
All outputs are probabilistic and not guaranteed. You areresponsible for evaluating outputs and decisions based on them.
You retain ownership of user content, assets, data,information, and all inputs uploaded, input, or otherwise made available by oron behalf of you or any affiliate of yours or through the Services.
You hereby grant to Company a non-exclusive, royalty-free,fully paid up, and sublicensable, right and license to copy, distribute,display, create derivative works of and otherwise use the user content, assets,data, information, and all inputs uploaded, input, or otherwise made availableby or on behalf of you or any affiliate of yours or through the Services to (i)provide the Services and otherwise perform Company’s obligations, (ii) improveand develop the Services, products, and Company’s other services, including bytraining and developing models and/or algorithms, and (iii) for reporting andanalytics purposes.
You represent and warrant that you have all rights to usercontent, assets, data, information, and all inputs uploaded, input, orotherwise made available by or on behalf of you or any affiliate of yours orthrough the Services and that it does not infringe any third party’sintellectual property rights. You will not upload explicit, offensive,questionable, or unlawful content. Qortex may audit, review, remove, andsuspend or terminate accounts for violations without refund.
Qortex may monitor and periodically review content.Violations may result in account deletion and forfeiture of prepaid fees.Qortex may remove or disable access to content in its sole discretion. Usersmay appeal at legal@qortex.ai.
Prohibited Uses
You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services:
· In any way that violates any applicable federal,state, local, or international law or regulation (including, withoutlimitation, any laws regarding the export of data or software to and from theUS or other countries).
· In any way that violates intellectual property rights, including infringing or misappropriating third party intellectualproperty rights.
· For the purpose of exploiting, harming, orattempting to exploit or harm minors in any way by exposing them toinappropriate content, asking for personally identifiable information, orotherwise.
· To send, knowingly receive, upload, download,use, or re-use any material that does not comply with these Terms of Use andour Privacy Policy.
· To transmit, or procure the sending of, anyadvertising or promotional material, including any "junk mail,""chain letter," "spam," or any other similar solicitation.
· To impersonate or attempt to impersonate theCompany, a Company employee, another user, or any other person or entity.
· To engage in any other conduct that restricts orinhibits anyone's use or enjoyment of the Services, or which, as determined byus, may harm the Company or users of the Services, or expose them to liability.
Additionally, you agree not to:
· Upload personal information, data or identifiers about you or any other individual. Company does not seek to collect personal information under applicable data privacy laws. If personal information, data or identifiers is uploaded, Qortex may remove it and suspend or terminate accounts without refund.
· Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Services, including their ability to engage in real time activities through the Services.
· Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
· Use any manual process to monitor or copy any ofthe material on the Services, or for any other purpose not expressly authorizedin these Terms of Use, without our prior written consent.
· Use any device, software, or routine thatinterferes with the proper working of the Services.
· Introduce any viruses, Trojan horses, worms,logic bombs, or other material that is malicious or technologically harmful.
· Attempt to gain unauthorized access to,interfere with, damage, or disrupt any parts of the Services, the server onwhich the Services is stored, or any server, computer, or database connected tothe Services.
· Attack the Services via a denial-of-serviceattack or a distributed denial-of-service attack.
· Otherwise attempt to interfere with the properworking of the Services.
The Services may contain interactivefeatures ("Interactive Services")that allow users to post, submit, publish, display, or transmit to other usersor other persons (hereinafter, "post")content or materials (collectively, "UserContributions") on or through the Services.
All User Contributions must comply with theContent Standards set out in these Terms of Use.
Any User Contribution you post to the sitewill be considered non-confidential and non-proprietary. By providing any UserContribution in connection with the Services, you grant us and our affiliatesand service providers, and each of their and our respective licensees,successors, and assigns the right to use, reproduce, modify, perform, display,distribute, and otherwise disclose to third parties any such material for anypurpose.
You represent and warrant that:
· You own or control all rights in and to the UserContributions and have the right to grant the license granted above to us andour affiliates and service providers, and each of their and our respectivelicensees, successors, and assigns.
· All of your User Contributions do and willcomply with these Terms of Use.
You understand and acknowledge that you areresponsible for any User Contributions you submit or contribute, and you, notthe Company, have full responsibility for such content, including its legality,reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by youor any other user of the Services.
Monitoring and Enforcement; Termination
We have the right to:
· Remove or refuse to post any User Contributionsfor any or no reason in our sole discretion.
· Take any action with respect to any UserContribution that we deem necessary or appropriate in our sole discretion,including if we believe that such User Contribution violates the Terms of Use,including the Content Standards, infringes any intellectual property right orother right of any person or entity, threatens the personal safety of users ofthe Services or the public, or could create liability for the Company.
· Disclose your identity or other informationabout you to any third party who claims that material posted by you violatestheir rights, including their intellectual property rights or their right toprivacy.
· Take appropriate legal action, including withoutlimitation, referral to law enforcement, for any illegal or unauthorized use ofthe Services.
· Terminate or suspend your access to all or partof the Services for any or no reason, including without limitation, anyviolation of these Terms of Use.
Without limiting the foregoing, we have theright to cooperate fully with any law enforcement authorities or court orderrequesting or directing us to disclose the identity or other information ofanyone posting any materials on or through the Services. YOU WAIVE AND HOLDHARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROMANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOINGPARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY/SUCHPARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot review all materialbefore it is posted in connection with the Services, and cannot ensure promptremoval of objectionable material after it has been posted. Accordingly, weassume no liability for any action or inaction regarding transmissions,communications, or content provided by any user or third party. We have no liabilityor responsibility to anyone for performance or nonperformance of the activitiesdescribed in this section.
Content Standards
These content standards apply to any andall User Contributions and use of Interactive Services. User Contributions mustin their entirety comply with all applicable federal, state, local, andinternational laws and regulations. Without limiting the foregoing, UserContributions must not:
· Contain any material that is defamatory,obscene, indecent, abusive, offensive, harassing, violent, hateful,inflammatory, or otherwise objectionable.
· Promote sexually explicit or pornographicmaterial, violence, or discrimination based on race, sex, religion,nationality, disability, sexual orientation, or age.
· Infringe any patent, trademark, trade secret,copyright, or other intellectual property or other rights of any other person.
· Violate the legal rights (including the rightsof publicity and privacy) of others or contain any material that could giverise to any civil or criminal liability under applicable laws or regulations orthat otherwise may be in conflict with these Terms of Use and our PrivacyPolicy.
· Be likely to deceive any person.
· Promote any illegal activity, or advocate,promote, or assist any unlawful act.
· Cause annoyance, inconvenience, or needlessanxiety or be likely to upset, embarrass, alarm, or annoy any other person.
· Impersonate any person, or misrepresent youridentity or affiliation with any person or organization.
· Involve commercial activities or sales, such ascontests, sweepstakes, and other sales promotions, barter, or advertising.
· Give the impression that they emanate from orare endorsed by us or any other person or entity, if this is not the case.
Copyright Infringement
If you believe that any User Contributionsviolate your copyright, please reach out to legal@qortex.ai. It is the policyof the Company to terminate the user accounts of repeat infringers.
Reliance on Information Posted
The information presented on or through theServices is made available solely for general information purposes. We do notwarrant the accuracy, completeness, or usefulness of this information. Anyreliance you place on such information is strictly at your own risk. Wedisclaim all liability and responsibility arising from any reliance placed onsuch materials by you or any other visitor to the Services, or by anyone whomay be informed of any of its contents.
The Services may include content providedby third parties, including materials provided by other users, companies, third-partylicensors, syndicators, aggregators, and/or reporting services. All data,information, statements, and/or opinions expressed in these materials, and allarticles and responses to questions and other content, other than the contentprovided by the Company, are solely the opinions and the responsibility of theperson or entity providing those materials. These materials do not necessarilyreflect the opinion of the Company. We are not responsible, or liable to you orany third party, for the content or accuracy of any materials provided by anythird parties.
Changes to the Services
We may update the Services and content includedin the Services from time to time, but its content is not necessarily completeor up-to-date. Any of the material on the Services may be out of date at anygiven time, and we are under no obligation to update such material.
Information About You and Your Visits to the Services
All information we collect in connectionwith the Services is subject to our Privacy Policy. By using the Services, youconsent to all actions taken by us with respect to your information incompliance with the Privacy Policy.
Linking to the Services and Social Media Features
You may link to our homepage, provided youdo so in a way that is fair and legal and does not damage our reputation ortake advantage of it, but you must not establish a link in such a way as tosuggest any form of association, approval, or endorsement on our part withoutour express written consent.
The Services may provide certain socialmedia features that enable you to:
· Link from your own or certain third-party Servicesto certain content included in the Services.
· Send emails or other communications with certaincontent, or links to certain content, in connection with the Services.
· Cause limited portions of content in connectionwith the Services to be displayed or appear to be displayed on your own orcertain third-party Services.
You may use these features solely as theyare provided by us and solely with respect to the content they are displayedwith and otherwise in accordance with any additional terms and conditions weprovide with respect to such features.
You agree to cooperate with us in causingany unauthorized framing or linking immediately to stop. We reserve the rightto withdraw linking permission without notice.
We may disable all or any social mediafeatures and any links at any time without notice in our discretion.
Links From Services
If the Services contains links to other sites and resources provided by third parties, these links are provided foryour convenience only. This includes links contained in advertisements,including banner advertisements and sponsored links. We have no control overthe contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decideto access any of the third-party services linked to this Services, you do soentirely at your own risk and subject to the terms and conditions of use forsuch Services.
Geographic Restrictions
The owner of the Services is based in theState of Delaware in the United States. We provide this Services for use onlyby persons located in the United States. We make no claims that the Services orany of its content is accessible or appropriate outside of the United States.Access to the Services may not be legal by certain persons or in certaincountries. If you access the Services from outside the United States, you do soon your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do notguarantee or warrant that files available for downloading from the internet orthe Services will be free of viruses or other destructive code. You areresponsible for implementing sufficient procedures and checkpoints to satisfyyour particular requirements for anti-virus protection and accuracy of datainput and output, and for maintaining a means external to our site for anyreconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILLNOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICEATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOURCOMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUETO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICESOR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SERVICES LINKEDTO IT.
YOUR USE OF THE SERVICES, ITS CONTENT, OUTPUT,AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK.THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICESARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS,WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THECOMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY ORREPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY,QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THEFOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANYREPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT, DATA, INFORMATION, ORANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE,ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE ORTHE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFULCOMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICESWILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THECOMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS ORIMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIESOF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANYWARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, INNO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICEPROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OFANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOURUSE, OR INABILITY TO USE, THE SERVICES, OUTPUT, CONTENT, DATA, ANY SERVICESSLINKED TO IT, ANY CONTENT IN CONNECTION WITH THE SERVICES OR SUCH OTHER SERVICES,INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVEDAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING,EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS ORANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHERCAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVENIF FORESEEABLE.
You agree to defend, indemnify, and holdharmless the Company, its affiliates, licensors, and service providers, and itsand their respective officers, directors, employees, contractors, agents,licensors, suppliers, successors, and assigns from and against any claims,liabilities, damages, judgments, awards, losses, costs, expenses, or fees(including reasonable attorneys' fees) arising out of or relating to yourviolation of these Terms of Use or your use of the Services, including, but notlimited to, your User Contributions, any use of the Services, the content, additionalservices, and products other than as expressly authorized in these Terms ofUse, or your use of any information obtained from the Services.
Governing Law and Jurisdiction
All matters relating to the Services andthese Terms of Use, and any dispute or claim arising therefrom or relatedthereto (in each case, including non-contractual disputes or claims), shall begoverned by and construed in accordance with the internal laws of the State of NewYork without giving effect to any choice or conflict of law provision or rule(whether of the State of New York or any other jurisdiction).
Any legal suit, action, or proceedingarising out of, or related to, these Terms of Use or the Services shall beinstituted exclusively in the federal courts of the United States or the courtsof the State of New York, although we retain the right to bring any suit,action, or proceeding against you for breach of these Terms of Use in yourcountry of residence or any other relevant country. You waive any and allobjections to the exercise of jurisdiction over you by such courts and to venuein such courts.
To the fullest extent permitted by applicable law, you andCompany agree that any dispute resolution proceedings will be conducted only onan individual basis and not in a class, consolidated, or representative action.You further agree that you will not participate in any class action againstCompany
Arbitration
At Company's sole discretion, it mayrequire You to submit any disputes arising from these Terms of Use or use ofthe Services, including disputes arising from or concerning theirinterpretation, violation, invalidity, non-performance, or termination, tofinal and binding arbitration under the Rules of Arbitration of the AmericanArbitration Association applying Delaware law.
Limitationon Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVEARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BECOMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE,SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by the Company of any term orcondition set out in these Terms of Use shall be deemed a further or continuingwaiver of such term or condition or a waiver of any other term or condition,and any failure of the Company to assert a right or provision under these Termsof Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use isheld by a court or other tribunal of competent jurisdiction to be invalid,illegal, or unenforceable for any reason, such provision shall be eliminated orlimited to the minimum extent such that the remaining provisions of the Termsof Use will continue in full force and effect.
Entire Agreement
The Terms of Use, our Privacy Policy, andany other terms or documents that may be included by Company from time to time(in its sole discretion) constitute the sole and entire agreement between youand Arbit Inc. regarding the Services and supersede all prior andcontemporaneous understandings, agreements, representations, and warranties,both written and oral, regarding the Services.
Your Comments and Concerns
ThisServices is operated by Qortex Inc. with an address of:458Valley Rd.
Montclair, NJ 07043
All notices of copyright infringement claims should be sent to the following:
Legal Department
458 Valley Rd.
Montclair, NJ 07043
All other feedback, comments, requests for technical support, and other communications relating to the Services should bedirected to: legal@qortex.ai
Have a question? Get in touch! sales@qortex.ai
