Supergiant is a branded product of Qbox, Inc. These Terms of Service (the “Terms”) explain the agreement you (collectively, with all other customers and others using the Qbox Services, “Users”) make with Qbox, Inc., a Delaware corporation (“Qbox,” “we,” “our,” or “us”), when you access or use the QBox websites, software, tools, resources, applications, mobile applications, social media platforms, and other services (collectively, the “Qbox Services” or “Services”), whether directly or through a third party. Please review the Terms carefully. By using the Qbox Services, you agree to be bound by the Terms and all other policies adopted and published by Qbox, including but not limited to the Service Level Agreement.
You are exclusively responsible for your use of the Qbox Services and for any consequences that are related to your use of the Services, unless otherwise set out in these Terms. By using the Services, you agree that Qbox will not be responsible or liable to you or any third party for any consequence, loss, or damage arising (directly or indirectly) from or relating to the Services. Any exceptions to this policy will be clearly explained in these Terms. If you do not see a specific exception listed in these Terms, then it is not an exception, and you are exclusively responsible and liable for the matter in question.
You must be able to form a legally binding contract to use the Supergiant or Qbox Services. By using the Qbox Services, you represent that you are able to do so. If you are under 18 years old, your parent or guardian must enter into this Agreement on your behalf. That parent or guardian will be responsible for your use of the Qbox Services, including financial responsibility. Persons under 13 years old are expressly prohibited from using the Qbox Services. If Qbox receives credible notice that a User is under 13 years old, we will automatically remove the account associated with the User and delete all information about and from that User from the Services.
You must create an account with Qbox (your “Account”) to receive the full benefit of the Qbox Services. You agree to provide truthful, complete, and current information for your Account. If you create an Account as or on behalf of someone other than yourself, or on behalf of multiple persons or businesses for which you are offering or managing the Qbox Services, you represent that you are authorized to act for and bind that other person, entity, or organization.
To the extent you are allowed to register for the Qbox Services by using existing third-party accounts or profiles (ex: Facebook Connect), you acknowledge that you will also be subject to the third-party terms and conditions associated with those third-party services if you choose to use those features. Those terms and conditions may be materially different than our policies, especially with regard to information privacy and security.
You are solely responsible and liable for safeguarding the security and accuracy of your Account and notifying Qbox of any unauthorized use of your Account. You are solely responsible and liable for all activity that occurs on and through your Account.
Access to and use of password protected and secure areas of the Services is restricted to authorized Users only. Unauthorized users who access or attempt to access these parts of the Services may be prosecuted.
Qbox may, in its sole discretion and for any reason, (i) refuse to offer the Services to any person or entity, or with respect to any item or thing, or (ii) change the eligibility criteria for the Services at any time.
Qbox reserves the right to modify the pricing and fees related to use of the Services. Qbox will post current pricing policies on the Services at https://supergiant.io/support/. Your Account and your use of the Services are subject to your prompt payment for the Services. Please review the Pricing information at https://supergiant.io/support/ to better understand the fees required for the Services. All payments to Qbox will be non-refundable.
Subject to the terms and conditions of any additional customer agreement that may govern your use of the Services, if and as applicable, you may cancel the Qbox Services at any time. In any such event, Qbox will prorate the fees owed by you for the Qbox Services based on the day of the particular month in which you cancel the Services. Qbox will bill your credit card for the prorated amount immediately on cancellation.
There are certain things you cannot do on or in connection with the Services:
The Services may not be available in all geographic areas. The Services are available only to Users with individual resources capable of supporting and performing the Services.
Failure to comply with any of the terms and obligations set out in this Section 3 will be a breach of these Terms and may result in termination of your Account and prosecution for damages.
You have exclusive responsibility and liability for all information provided and published on or through your Account, whether publicly posted or privately transmitted. Except as expressly set out in these Terms and in the SLA, Qbox is not responsible or liable for any User information or content, or any consequence, loss, or damage (direct or indirect) caused by or related to User information or content.
When you use the Qbox Services or provide information to Qbox, you represent and warrant that your use and information:
Qbox reserves the exclusive right to determine whether your use of the Qbox Services or information you post or make available on the Qbox Services falls within any of the prohibited categories listed above. We may immediately terminate or suspend your Account without notice to you in the event that, in our discretion, you violate this section. Accounts created to replace suspended accounts will be permanently suspended. Accounts engaging in any of these behaviors may be investigated for abuse.
You may change or opt out of certain communications with Qbox through your Account Settings page. However, in some instances, we may need to provide you with service announcements and administrative messages. These particular communications are a necessary part of the Qbox Services. You cannot opt-out from receiving these communications.
Failure to comply with any of the terms and obligations set out in this Section 4 will be a breach of these Terms and may result in termination of your Account and prosecution for damages.
By using the Services, you represent and warrant that you have the necessary rights and authority to use and publish all information posted or made available by you on and through the Services, and to grant the licenses given to Qbox in this Agreement.
We will seek to protect your information from disclosure in most instances as a general policy. However, we reserve the right to access, read, preserve, and disclose any User information that we reasonably believe is necessary to:
Failure to comply with any of the terms and obligations set out in this Section 5 will be a breach of these Terms and may result in termination of your Account and prosecution for damages.
Qbox exclusively and perpetually owns and holds all right, title, and interest in and to the Qbox Services and all intellectual property, information, data, and content published by Qbox on the Qbox Services. The Qbox Services are currently (or may be in the future) protected by copyright, trademark, patents, trade secrets, and other laws of both the United States and foreign countries. Other than as expressly provided in these Terms, you do not have any right to use the Qbox name or any of the Qbox trademarks, logos, domain names, distinctive brand features, or other intellectual property in any way.
When you use the Qbox Services, Qbox gives you a limited, personal, revocable, non-transferable, and non-exclusive license to use the Qbox Services. This limited license is only so you may use and enjoy the benefit of the Qbox Services as provided by Qbox and as allowed under these Terms. This license is revocable at will and may be terminated by Qbox without notice to you.
Feedback, comments and suggestions you provide about Qbox or the Qbox Services is entirely voluntary. We are free to use all feedback, comments, and suggestions without any obligation or compensation to you.
Qbox reserves the right in its sole discretion to remove accounts and information that are alleged to infringe the intellectual property of others, including copyrights, trademarks, or other intellectual properties, without prior notice or liability to Users. In appropriate circumstances, we may also terminate a User for violations.
Qbox will respond to notices of alleged infringement that comply with applicable law, including the Digital Millennium Copyright Act of 1998 (http://www.copyright.gov/legislation/dmca.pdf). If you believe your intellectual property has been used or copied in an infringing way, please provide us with the following information:
You must provide this notice to our agent for notice of alleged intellectual property infringement:
320 N Rollston Av, Ste 102
Fayetteville AR 72701
Attn: Intellectual Property Agent
These Terms will continue to apply until terminated by either you or Qbox. We reserve the right to terminate, suspend, or refuse to provide the Services, to suspend or terminate Users, and to reclaim usernames – all at any time and for any reason in our sole discretion, and without liability to you. Subject to the terms and conditions of any additional customer agreement that may govern your use of the Services, if and as applicable, you may end your legal agreement with Qbox at any time for any reason by deactivating your Account(s) and discontinuing your use of the Qbox Services.
In all such cases, Qbox will terminate all proprietary information and data uploaded or published by you in connection with your account within fourteen (14) days. On termination, your license to use the Services will automatically be canceled, and any outstanding fees will be billed to you and/or withdrawn from your registered account/method for payment.
PLEASE READ THIS SECTION CAREFULLY. BY USING THE QBOX SERVICES YOU EXPRESSLY AGREE TO BE BOUND BY THIS SECTION.
This section limits the liability of Qbox and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners and licensors (collectively, together with Qbox, the “Qbox Entities”). This section applies to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of certain warranties or the limitation of liability in contracts, and, as a result, the contents of this section may not apply to you.
THE LIMITATIONS OF THIS SECTION WILL APPLY TO ALL THEORIES OF LIABILITY, WHETHER BASED ON PERSONAL INJURY, PROPERTY DAMAGE, WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WHETHER OR NOT THE QBOX ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET OUT IN THIS AGREEMENT IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
Qbox has no fiduciary or special relationship with you. YOU AGREE THAT THE QBOX SERVICES ARE PROVIDED TO YOU ON AN “AS IS,” “WHERE IS,” AND “AS AVAILABLE” BASIS. THE QBOX ENTITIES DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED. ACCESS AND USE OF THE SERVICES ARE AT YOUR OWN RISK.
The Qbox Entities make no warranty and disclaim all responsibility and liability for:
IT IS THE EXCLUSIVE RESPONSIBILITY OF USER TO EVALUATE THE ACCURACY, COMPLETENESS, DEPENDABILITY, USEFULNESS, AND MARKETABILITY OF THE SERVICES. Qbox does not promise that the Services will be uninterrupted, error-free, or completely secure. You acknowledge that there are risks with internet connectivity that could result in the loss of your privacy, data, confidential information, and property. Qbox has no obligation to provide security, except as stated in these Terms.
No independent contractor, agency, partnership, joint venture, employer-employee, or franchiser-franchisee relationship is intended or created between Qbox and any User by these Terms or by your use of the Qbox Services.
The Qbox Services may contain links to third-party websites or resources. You acknowledge and agree that the Qbox Entities are not responsible or liable for:
Qbox relies on third-party providers and partners for parts of the Qbox Services, including, but not limited to, payment services. You acknowledge and agree that the Qbox Entities are not responsible or liable for:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE QBOX ENTITIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
The failure of Qbox to enforce any right or term of these Terms will not be a waiver of the right or term. In the event that any term is held to be invalid or unenforceable, then that term will be limited or eliminated to the minimum extent necessary, and the remaining parts of these Terms will stay in full force and effect.
These Terms and any dispute related to the Terms will be governed by the laws of Delaware without regard to conflicts of law principles. Subject to the specific dispute resolution terms set out below, all claims, legal proceedings, or litigation arising in connection with the Services will be brought exclusively in the federal or state courts located in Fayetteville, Washington County, Arkansas, United States, and you consent to the exclusive jurisdiction and venue of those courts.
You agree that you will notify Qbox in writing of any dispute or problem related to the Qbox Services. Qbox will have thirty (30) days to address the dispute or problem before you may file any legal action. The notice should be addressed: Qbox Inc., 320 N Rollston Av, Ste 102, Fayetteville AR 72701, with a copy provided to PPGMR Law, PLLC, PO Box 251618, Little Rock AR 72225-1618.
Any dispute arising from or relating to the subject matter of these Terms that is not voluntarily resolved by the parties pursuant to the previous paragraph must be finally settled by arbitration in Fayetteville, Washington County, Arkansas, United States, in accordance with the rules then in effect of the American Arbitration Association or its successor, and consistent with the requirements and standards of the Federal Arbitration Act or its successor. Judgment on or enforcement of the arbitration award may be entered in any court having jurisdiction. Any arbitration under this Agreement will take place on an individual basis.
CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. BY USING THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION.
Notwithstanding the previous obligations, each party will have the right to start an action at any time for injunctive or equitable relief in the mandatory jurisdiction and venue established above.
By using the Services, you agree to receive all communications related to your use of the Services in electronic form, including but not limited to emails sent to the email address associated with your Account and/or posted notices on the Services. By using the Services, you agree that all agreements, notices, disclosures, and other communications that are provided electronically will satisfy all legal requirements that communications be in writing. All notices from Qbox will be deemed effective when sent to the email address associated with your Account or when posted publicly on the Services.
We may revise these Terms from time to time without notice to you. The most current version will always be at the following: https://qbox.io/terms. In our sole discretion, we may also choose to notify you by e-mail. By continuing to use the Services after revisions are effective, you acknowledge and agree that you will be bound by the revised Terms.
These Qbox Services are operated and provided by Qbox, Inc., a Delaware corporation. If you have any questions about the Terms, please contact us at contact@Qbox.com.