Agreement between user and www.quandree.com
Welcome to www.quandree.com. The www.quandree.com website (the "Site") is comprised of various web pages operated by Ask America Inc.(Quandree).www.quandree.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.quandree.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
The purpose of Quandree is to provide users with a platform to get opinions and give opinions on an unlimited range of topics. The website provides users with an opportunity to describe a situation and possible courses of action and get opinions (by way of "voting") from other users on which course of action the user would do if in the same situation. Users can read the situation (called the "story") and the possible actions the author has described (called "options") and choose the option that they think should be used. Users can also provide comments on the situation. Once the story is "posted" the author can view the aggregate voting results showing the percentage and number of voters choosing each option and can see the results broken down by demographic information such as age range, geographic location, relationship status. The author can also request that users who vote on a story answer up to 2 additional questions posed by the author. Voting results will be shown broken down by the answers to the 2 follow-up questions. The author can link their story to previous stories that were posted so that users can get added perspective and background if the situation the author is describing is an ongoing one or has evolved from a previous situation. The author with a situation that involves another person can also invite that person to share their side of the story and up to 2 courses of action they think should be considered. In this use of the website, the author starts the post by describing their side of the situation, provides up to 2 courses of action and then invites the other person to provide their description and their options by providing the website with the email of the 2nd person. The second person can either ignore the request or fill in their side of the story and options. The story is posted once the second person responds. The site is intended to be anonymous where the user creates a screen name and posts the story under that screen name. New screen names can be added so that authors can post stories under one of any number of screen names. Users can post as themselves if they do not want to post anonomyously. All content is still linked to the personal and non-personal information collected of the user even when content is only shown under an anonymous screen name. Users can not mention the actual names of other users without their express consent. Users must sign up for an account and be logged in in order to submit a story or to vote on someone else's story. By signing up for the site, all users agree that their use of the site is for entertainment purposes only and that opinions they give and get are just opinions with no legal basis. Users agree that they are fully responsible for any action they take or choose not to take. Quandree does not take any responsibility for any content posted on the website by any user or for any action or non-action that any user takes. Any story that has inappropriate language including explicatives, or inappropriate words or themes that are racist, sexist, derogatory to any people, cultures, communities or groups will be removed. Grammer and typos will be corrected by the administrator. More information is described in this Terms and Conditions document.
Visiting www.quandree.com or sending emails to Quandree constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Quandree is not responsible for third party access to your account that results from theft or misappropriation of your account. Quandree and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Quandree collects personally identifiable information from children under the age of thirteen. Quandree collects this information for the following reason(s):
Children under age 13 who use the site will be asked just as all users are for their age, gender, zipcode and relationship status. This data is collected of users so that the story author and anyone else who is interested in the results can see how people vote on options and if there is anything to learn about how results differ by age, location, gender and relationship status.
All users of the site who vote on stories could be asked up to 2 additional personal questions by the author of a story. Those additional questions are optional and do not have to be responded to. The purpose is to allow the author and anyone else interested in the story to understand how people vote based on certain personal experiences. For example, someone deciding whether to break up with a partner might be interested in knowing how the user responses may differ between those users who have broken up relationships in the past vs. those who never have.
If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website. If you are a parent and you have questions regarding our data collection practices, please contact us using the information provided at the end of this Agreement. If you are under 18, you may use www.quandree.com only with permission of a parent or guardian.
You may cancel your account at any time. If you post any story or provide any comments that are discriminatory, inappropriate or contain derogatory language or explicatives your account will be cancelled as described in this Terms and Conditions document.
Links to third party sites/Third party services
www.quandree.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Quandree and Quandree is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Quandree is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Quandree of the site or any association with its operators.
Certain services made available via www.quandree.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.quandree.com domain, you hereby acknowledge and consent that Quandree may share such information and data with any third party with whom Quandree has a contractual relationship to provide the requested product, service or functionality on behalf of www.quandree.com users and customers.
No unlawful or prohibited use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Quandree or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Quandree content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Quandree and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Quandree or our licensors except as expressly authorized by these Terms.
Use of communication services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Quandree has no obligation to monitor the Communication Services. However, Quandree reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Quandree reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Quandree reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Quandree's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Quandree does not control or endorse the content, messages or information found in any Communication Service and, therefore, Quandree specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Quandree spokespersons, and their views do not necessarily reflect those of Quandree.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials provided to www.quandree.com or posted on any Quandree web page
Quandree does not claim ownership of the materials you provide to www.quandree.com (including feedback and suggestions) or post, upload, input or submit including voting to any Quandree Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Quandree, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. If your post was made under an anonymous screen name, your name will not be published in connection with your post.
No compensation will be paid with respect to the use of your Submission, as provided herein.Quandree is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Quandree's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Third Party Accounts
You will be able to connect your Quandree account to third party accounts. By connecting your Quandree account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by Quandree from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Quandree Content accessed through www.quandree.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Opinions, votes, feedback, comments, and content displayed on this site is for informational and entertainment purposes only. You agree to indemnify, defend and hold harmless Quandree, its officers, directors, employees, agents and third parties, for any losses, damages, personal injury/wrongful death, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, any user postings made by others, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Quandree reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Quandree in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. QUANDREE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
QUANDREE. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND.QUANDREE INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Quandree reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Quandree as a result of this agreement or use of the Site. Quandree's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Quandree's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Quandree with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Quandree with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Quandree with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Quandree reserves the right, in its sole discretion, to change the Terms under which www.quandree.com is offered. The most current version of the Terms will supersede all previous versions. Quandree encourages you to periodically review the Terms to stay informed of our updates.
Quandree welcomes your questions or comments regarding the Terms: Quandree c/o Ask America Inc. P.O. Box 13112 Oakland, California 94661 Email Address: email@example.com Telephone number: 510-338-0000 Updated as of January 01, 2016