The following Terms & Conditions (The “Terms”) govern your use of MSQ.io (Colletively the “Site and Services”)
1. Changes
We may occasionally change these Terms, so we encourage you to review the Terms periodically. The most current version of the Terms (along with their effective date) will be linked from each of the Site and Services. If you continue to use the Site and Services after we change the Terms, you accept all changes.
2. Privacy Policy; Additional Terms
Our Privacy Policy describes our practices concerning data that you provide or that we may collect about you through the Site and Services, and you consent to our use of data in compliance with the Privacy Policy.
Additional terms may apply to your use of the Site and Services. We will provide these terms to you or post them on the Site and Services to which they apply; they are incorporated by reference into these Terms. If there is a conflict between these Terms and any additional terms that apply to a particular Service, the additional terms will control.
Sweepstakes, contests, and promotions on the Site and Services may also have additional rules and eligibility requirements, such as certain age or geographic area restrictions, and you are responsible for complying with these rules and requirements.
3. Intellectual Property; License
The content, information, data, designs, code, and materials associated with the Site and Services (“Content”) are protected by intellectual property and other laws. You must comply with all such laws and applicable copyright, trademark or other legal notices or restrictions.
Subject to these Terms, you may access and use the Site and Services only for your own personal, non-commercial use. We reserve all other rights to the Site and Services and Content, and you may not otherwise copy, reproduce, distribute, publish, display, perform, or create derivative works of the Site and Services or Content without our permission. You also may not transfer or sublicense this limited right to use the Site and Services or resell the Site and Services.
a. Viral Distribution
We may expressly authorize you to redistribute certain Content for personal, non-commercial use. We will identify the Content that you are authorized to redistribute and describe ways you may redistribute it (such as via email, blogs, or embedded players, or by producing Mash-Ups). We may revoke this authorization at any time. If you redistribute Content, you must be able to edit or delete such publicly posted Content and you must edit or delete it promptly upon our request.
b. Commercial Licenses
You must obtain our written permission for commercial use of the Content or the Site and Services. If you wish to license Content from the Site and Services, please contact us.
4. Legal Complaints
MSQ.io respects intellectual property rights. If you believe that Content on the Site and Services infringes your copyright, please follow our procedures for making a copyright infringement claim. If you have a legal complaint other than a copyright claim please contact us.
5. Third-Party Content
We occasionally provide third party content or link to third party websites on the Site and Services. We do not necessarily endorse or evaluate third party content and websites, and we do not assume responsibility for third parties’ actions or omissions. You should review third parties’ terms of use and privacy policies before you use their services.
6. Acceptable Use
The Site and Services have been designed to present Content in a unique format and appearance. Unless we give you permission, you agree not to access the Site and Services using any interface other than ours. We may deny permission to link to the Site and Services for any reason in our sole discretion, and you must be able to edit or delete promptly links that you create, upon our request.
Without limiting any other provision in these Terms, you may not use the Site and Services to do the following or assist others to do the following:
Threaten, defame, stalk, abuse, or harass other persons or engage in illegal activities;
Link to the Site and Services from a site or transmit any material that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or that we deem, in our sole discretion, to be otherwise objectionable;
Frame the Site and Services, display the Site and Services in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between MSQ.io and any third party or potentially deprive us of revenue (including, without limitation, revenue from advertising, branding, or promotional activities);
Violate any person’s or entity’s legal rights (including, without limitation, intellectual property, privacy, and publicity rights), transmit material that violates or circumvents such rights, or remove or alter intellectual property or other legal notices;
Transmit files that contain viruses, spyware, adware, or other harmful code;
Advertise or promote goods or services without our permission (including, without limitation, by sending spam);
Interfere with others using the Site and Services or otherwise disrupt the Site and Services;
Transmit, collect, or access personally identifiable information about other users without the consent of those users and MSQ.io;
Engage in unauthorized spidering, “scraping,” or harvesting Content, contact or other personal information, or use any other unauthorized automated means to compile information;
Impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit; or
Defeat any access controls, access any portion of the Site and Services that we have not authorized you to access (including password-protected areas), link to password-protected areas, attempt to access or use another user’s account or information, or allow anyone else to use your account or access credentials.
7. Posting Comments on MSQ.io
Submission of a comment in MSQ.io falls under your acceptance of the current Terms and Conditions.
MSQ.io reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms and Conditions.
You warrant and represent that:
- You are entitled to post the Comments on the website and have all necessary licenses and consents to do so;
- the Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party;
- the Comments do not contain any defamatory, libellous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy
- the Comments do not contain any contaminating or destructive features or devices such as viruses, time bombs or coding designed to interrupt, destroy or limit the functionality of this website or any of this website’s user’s computer equipment or software; and
- the Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
In addition, You hereby agree to indemnify and keep indemnified MSQ.io, its affiliates, contractors and agents from and against any and all losses (including without limitation direct, indirect and consequential loss), costs, claims, damages or expenses of whatever nature and howsoever caused arising directly or indirectly from any breach of these Terms and Conditions or arising from the Comments posted on this website or content contained in any email sent using the facilities provided by the website by you including without limitation as a result of any infringement of any intellectual property or other proprietary rights, libel, defamation, obscenity or the Comments being otherwise unlawful.
8. Site Access; Account Deletion
We may take any of the following actions in our sole discretion at any time and for any reason without giving you prior notice:
Restrict or terminate your access to the Site and Services;
Change or discontinue the Site and Services;
Deactivate your accounts and delete all related information and files in your accounts;
Provide information concerning you and your activities to comply with applicable laws or respond to court order, subpoenas, or other lawful requests, or if we believe doing so would protect your safety or that of another person or protect the security of the Site and Services, or as otherwise described in the Privacy Policy.
We will not be liable to you or any third party for taking any of these actions and we will not be limited to the remedies above if you violate these Terms.
If you do not agree to these Terms, you should immediately stop using the Site and Services. If you want to delete your account on a Service, please use contact instructions posted on the Service at which you obtained the account. Any User Submissions you made while using the Site and Services will continue to be governed by Section 6 of these Terms.
Sections 6 and 11-15 of these Terms will survive any termination of your access to the Site and Services, whether we terminate your access or you voluntarily discontinue your use.
9. Indemnification
You will defend, indemnify, and hold harmless MSQ.io, its parent, subsidiaries, affiliates, and the directors, officers, employees, shareholders, vendors, partners, contractors, agents, licensors or other representatives of each of them and all of their successors and assigns (collectively, the “MSQ.io Parties”) with respect to all claims, costs (including attorney’s fees and costs), damages, liabilities, and expenses or obligations of any kind, arising out of or in connection with your use or misuse of the Site and Services (including, without limitation use of your account, whether or not authorized by you, and claims arising from User Submissions). MSQ.io retains the right to assume the exclusive defense and control of any claim subject to indemnification, and in such cases you agree to cooperate with us to defend such claim. You may not settle any claim covered by this Section 8 without MSQ.io’s prior written approval.
10. Disclaimers; Limitation of Liability
MSQ.io PARTIES DO NOT WARRANT: (1) THAT the Site and Services, ANY OF the Site and Services’ FUNCTIONS OR ANY CONTENT OR SOFTWARE CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; (2) THAT DEFECTS WILL BE CORRECTED; (3) THAT the Site and Services OR THE SERVERS HOSTING THEM ARE FREE OF VIRUSES OR OTHER HARMFUL CODE; OR (4) THAT the Site and Services OR INFORMATION AVAILABLE THROUGH the Site and Services WILL CONTINUE TO BE AVAILABLE. MSQ.io PARTIES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE. the Site and Services, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM the Site and Services, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.”
MSQ.io PARTIES WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) IN CONNECTION WITH the Site and Services OR YOUR USER SUBMISSIONS, EVEN IF FORESEEABLE OR EVEN IF ONE OR MORE OF MSQ.io PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE, BUT EXCLUDING WILLFUL MISCONDUCT) UNLESS SPECIFIED IN WRITING. MSQ.io’ LIABILITY IN CONNECTION WITH the Site and Services OR YOUR USER SUBMISSIONS FOR WILLFUL MISCONDUCT WILL NOT EXCEED THE AMOUNT PAID BY YOU TO MSQ.io IN THE THREE MONTHS PRECEEDING THE CLAIM.
YOUR ACCESS TO AND USE OF the Site and Services IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH the Site and Services OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING the Site and Services.
YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY DAMAGES THAT ARISE OUT OF MSQ.io’ ACTS OR OMISSIONS, THE DAMAGES, IF ANY, ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE, OR OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY MSQ.io PARTIES, INCLUDING WITHOUT LIMITATION the Site and Services (INCLUDING THOSE INCORPORATING USER SUBMISSIONS).
YOU ACKNOWLEDGE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE UNKNOWN OR ARE UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE § 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
11. Governing Law, Venue, and Jurisdiction
These Terms and all claims arising from or related to your use of the Site and Services will be governed by and construed in accordance with the laws of the State of Wyoming. Your use of MSQ.io may also be subject to other local, state, national, or international laws.
12. Arbitration
We may elect to resolve any controversy or claim arising out of or relating to these Terms or the Site and Services by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Unless we establish a different location, arbitration hearings will be held in Amsterdam, The Netherlands. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction.
13. Affiliate Links
When an application, project, or service is reviewed on MSQ.io, particularly when it is of the mobile variety, the reader should be aware that it is common practice for us to use affiliate links. MSQ.io may, assuming that the app is not free, receive a small commission on the sale of said app. Though it should be noted that these links will never be allowed to sway our decision in reviewing an application on the site. We strive, first and foremost, to present our readers with applications that we consider to be of impeccable quality. No amount of commission on the sale of an application would move us away from this standard.
14. Advertisements
MSQ.io relies, primarily, upon the sale of advertisements for monetization of our site. At present, we will work with services that may include Google DoubleClick for Publishers to accomplish this goal. Advertising on MSQ.io exists in the form of display ads and sponsored topics. As a rule, sponsored topics will not mention the advertiser, and this content will be clearly and conspicuously labeled at all times. An example of sponsored content would be a post that focuses on the topic of Metaverse Land, sponsored by an Metaverse Platform.
15. Miscellaneous
We may be required by state or federal law to notify you of certain events. You hereby acknowledge and agree that such notices will be effective upon our posting them on our sites or delivering them to you via email. You may update your email address by visiting the Site and Services where you have provided contact information. If you do not provide us with accurate information, we will not be responsible for failure to notify you. Our failure to exercise or enforce any right or provision in these Terms will not constitute a waiver of such right or provision. These Terms, including all additional terms, conditions, and policies on the Site and Services, constitute the entire agreement between you and us and supersede all prior agreements with respect to the subject matter hereof. If any part of these Terms is determined to be invalid or unenforcable it does not negate the enforcability of other terms within these Terms and Conditions.
Contact Us
If you have any questions about these Terms of Service, You can contact us at [email protected].
Effective as: 1st of July 2022.