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END USER LICENSE AGREEMENT

Last Updated November 2016

ALL PLAYERS SHOULD CAREFULLY READ THE FOLLOWING QONQR TERMS OF SERVICE AGREEMENT. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT PLAY QONQR.

Welcome to QONQR, LLC's game called "QONQR"" and "QONQR: World In Play". This agreement applies to all aspects of the game QONQR, including the website, web services, client software and any other materials distributed by QONQR, LLC. You must accept the EULA and TERMS OF USE defined below to play the game QONQR. The game is available for use by players who accept this agreement. Any use, modification, reproduction or distribution of the game not expressly authorized by the terms of the QONQR Agreements is prohibited.

Grant of a Limited License to Use the Service

Subject to your agreement to and continuing compliance with the QONQR Agreements, you may use the Service solely for your own non-commercial entertainment purposes by accessing it with an authorized, unmodified Game Client. You may not use the Service for any other purpose, or in connection with any other software. Attempting to play the game QONQR with a modified client, or manipulating the communication of the client and server is not allowed under the License, and is a violation of this Agreement.

By agreeing to the terms of this agreement you, the player, agree you will NOT:

  1. use hacks, automation software (bots), or any other unauthorized software, hardware, or mechanical device designed to modify the QONQR game play experience;
  2. employ the use of automated game play software or devices, even if operating within the defined parameters of the game play experience, to create a game play advantage;
  3. communicating directly with the web services in the game via any software not distributed by QONQR;
  4. modify data files or cookies used by QONQR software;
  5. attempt to duplicate the web services of the game in any fashion to intercept, redirect or disrupt the game play experience for QONQR;
  6. violate any applicable law or regulation in connection with your use of the Game Client or the Service;
  7. play QONQR from a device emulator
  8. manipulate the GPS coordinates of your device to represent anything other than your current physical presence on the earth
  9. launch your scope using robots, mechanical devices, animals, employees, contractors, volunteers, remote control, telepathy, aliens or any other form of launching bots other than your body (or artificial appendage attached to your body to overcome a physical handicap) physically touching the screen of your scope initiated by your conscious physical movement to initiate that specific action;
  10. will not violate the codename or abuse policies in the Terms of Service

Eligibility.

You represent that you are an adult, or if not an adult. you have the permission of a parent or guardian to play QONQR. You also agree to these Terms of Use or a parent or legal guardian has agreed to the terms of this agreement on your behalf.

Ownership.

All rights and title in and to the Service (including without limitation any user accounts, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, "applets," transcripts of the chat rooms, character profile information, recordings of games) are owned by QONQR. The Game and the Service are protected by United States and international laws, and QONQR may enforce their rights in the event of any violation of this Agreement.

No Ownership Rights to Account.

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT STORED OR HOSTED ON A QONQR SYSTEM, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO SUCH ACCOUNTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF QONQR.

Account Suspension/Deletion.

QONQR MAY SUSPEND, TERMINATE, MODIFY, OR DELETE ANY ACCOUNT ANY TIME FOR ANY REASON OR FOR NO REASON, WITH OR WITHOUT NOTICE TO YOU AND WITHOUT REFUND. For purposes of explanation and not limitation, most account suspensions, terminations and/or deletions are the result of violations of this Terms of Use or the EULA.

Privacy

QONQR will not sell or redistribute personal information of the players to any outside party. QONQR reserves the right to email players for important updates or reminders.

User's may select a code name for use in the game. All users will be identified to other players through the code name they select. Players should avoid the use of their real name. Users may change their code name once selected through their account settings in the web portal. QONQR reserves the rights to disable, delete or modify the accounts of any player, at its sole discretion, without warning or notice, if the players code name is deemed inappropriate.

Changes to the Terms of Use or the Game.

QONQR reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete, at any time, any of the terms and conditions of this Agreement, any feature of the Game or the Service, hours of availability, content, data, software or equipment needed to access the Game or the Service, effective with or without prior notice; provided, however, that material changes to this Terms of Use Agreement will not be applied retroactively. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the Game. Your continued use of the Game following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. QONQR may change, modify, suspend, or discontinue any aspect of the Game at any time. QONQR may also impose limits on certain features or restrict your access to parts or all of the Game without notice or liability.

Termination.

This Agreement is effective until terminated. You may terminate this Agreement by deleting the Game Client and terminating all QONQR accounts registered to you. In the event that you terminate or breach this Agreement, you will forfeit your right to any and all payments you may have made QONQR. You acknowledge and agree that you are not entitled to any refund for any amounts which were pre-paid prior to any termination of this Agreement. QONQR may terminate this Agreement (and your access to the Game) with or without notice for any reason, or for no reason. All provisions of ownership and rights to data defined under the agreement will survive termination.

Warranty Disclaimer.

THE GAME AND THE SERVICE ARE PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS, AND QONQR DOES NOT WARRANT THAT THE GAME OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. QONQR EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT.

Limitation of Liability.

IN NO EVENT SHALL QONQR, ITS PARENT, SUBSIDIARIES, LICENSORS OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, LIQUIDATED, OR OTHER CONSEQUENTIAL DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY, ARISING FROM YOUR USE OF THE GAME OR THE SERVICE. THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. In no event shall QONQR's aggregate liability, whether arising in contract, tort, strict liability or otherwise, exceed the total fees paid by you to QONQR during the six (6) months immediately prior to the time such claim arose.

Indemnification.

YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS QONQR, ITS PARENT, SUBSIDIARIES AND AFFILIATES, FROM AND AGAINST ANY CLAIM, LIABILITY, INJURY, DAMAGE, LOSS OR EXPENSE (INCLUDING REASONABLE ATTORNEYS' FEES) INCURRED AS A RESULT OF, ARISING FROM, OR RELATING TO YOUR USE OF THE GAME AND/OR THE SERVICE.

Force Majeure.

QONQR shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of QONQR, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond QONQR's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, cyber attacks, internet or hosting disruptions, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

Acknowledgments.

You hereby acknowledge and agree that:

  1. WHEN THE GAME IS RUNNING, QONQR MAY OBTAIN CERTAIN IDENTIFICATION INFORMATION ABOUT YOUR COMPUTER OR MOBILE DEVICE, INCLUDING WITHOUT LIMITATION YOUR DEVICE SPECIFICATIONS, IP ADDRESS(ES) AND OPERATING SYSTEM(S), FOR PURPOSES OF IMPROVING THE GAME AND/OR THE SERVICE, AND TO POLICE AND ENFORCE THE PROVISIONS OF ANY QONQR AGREEMENT.
  2. QONQR may, with or without notice to you, disclose your Internet Protocol (IP) address(es), personal information, chat logs, and other information about you and your activities: (a) in response to a request by law enforcement, a court order or other legal process; or (b) if QONQR believes that doing so may protect your safety or the safety of others.
  3. QONQR MAY MONITOR, RECORD, REVIEW, MODIFY AND/OR DISCLOSE YOUR GAME ACTIVITY, WITHOUT NOTICE TO YOU, AND YOU HEREBY CONSENT TO SUCH MONITORING, RECORDING, REVIEW, MODIFICATION AND/OR DISCLOSURE. Additionally, you acknowledge that QONQR is under no obligation to monitor your electronic communications, and you engage in those communications at your own risk.
  4. You are wholly responsible for the cost of all telephone and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to the Servers.

Equitable Remedies.

In the event that you breach this Agreement, you hereby agree that QONQR would be irreparably damaged if this Agreement were not specifically enforced, and therefore you agree that QONQR shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as QONQR may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this Agreement and consistent with other terms of this agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.

Dispute Resolution and Governing Law.

A. Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement ("Dispute"), you and QONQR agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. QONQR will send its notice to your billing address and email you a copy to the email address you have provided to us. You will send your notice to QONQR, LLC , PO Box 120761, St Paul, MN 55112 ATTN: Legal Department.

B. Binding Arbitration. If you and QONQR are unable to resolve a Dispute through informal negotiations, either you or QONQR may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available that the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, QONQR will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and QONQR may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

C. Restrictions. You and QONQR agree that any arbitration shall be limited to the Dispute between QONQR and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) 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.

D. Exceptions to Informal Negotiations and Arbitration. You and QONQR agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or QONQR's intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.

E. Location. If you are a resident of the United States, any arbitration will take place at any reasonable location within the United States convenient for the representatives of QONQR. For residents outside the United States, any arbitration shall be initiated in Ramsey County, State of Minnesota, United States of America. Any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, shall be decided by a court of competent jurisdiction within Ramsey County, State of Minnesota, United States of America, and you and QONQR agree to submit to the personal jurisdiction of that court.

F. Governing Law. Except as expressly provided otherwise, this Agreement shall be governed by, and will be construed under, the Laws of the United States of America and the law of the State of Minnesota, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. For our customers who access the Service from Canada, Chile, Mexico, Argentina, Australia, Singapore, Thailand, or New Zealand, other laws may apply if you choose not to agree to arbitrate as set forth above, and in such an event, shall affect this Agreement only to the extent required by such jurisdiction. In such a case, this Agreement shall be interpreted to give maximum effect to the terms and conditions hereof. If you access the Service from New Zealand, and are a resident of New Zealand, The New Zealand Consumer Guarantees Act of 1993 ("Act") may apply to the Game and/or the Service as supplied by QONQR to you. If the Act applies, then notwithstanding any other provision in this Agreement, you may have rights or remedies as set out in the Act which may apply in addition to, or, to the extent that they are inconsistent, instead of, the rights or remedies set out in this Agreement. Those who choose to access the Service from locations outside of the United States, Canada, Australia, Singapore, or New Zealand do so on their own initiative contrary to the terms of this Agreement, and are responsible for compliance with local laws if and to the extent local laws are applicable.

Miscellaneous.

If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Terms of Use Agreement is the complete and exclusive statement of the agreement between you and QONQR concerning the Service, and this Agreement supersedes any prior or contemporaneous agreement, either oral or written, and any other communications with regard thereto between you and QONQR; provided, however that this Agreement is in addition to, and does not replace or supplant, the EULA or the BNET TOU. This Agreement may only be modified as set forth herein. The section headings used herein are for reference only and shall not be read to have any legal effect.

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF USE AGREEMENT AND AGREE THAT MY USE OF THE GAME IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS TERMS OF USE AGREEMENT.

Terms Of Service

Last Updated November 2016

ALL PLAYERS MUST CAREFULLY READ THE FOLLOWING TERMS OF USE AGREEMENT (THE "AGREEMENT"). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MAY NOT USE THE SERVICES WE PROVIDE.

Welcome to Qonqr, LLC's (the "Company") game called "QONQR" ("QONQR"). This agreement applies to QONQR and all associated services provided at or through Company's website, QONQR.COM. Your use of QONQR is subject to and governed by this Agreement, which incorporates the separately posted Privacy Policy (as amended), as well as any modifications to this Agreement issued by Company, and all applicable laws and regulations other than as specifically provided in any separate formal agreement between you and Company. This Agreement may NOT be altered, supplemented, or amended by you through the use of any other document(s). Any attempt to alter, supplement, or amend this Agreement, unless otherwise agreed to in a written agreement signed by both you and Company, is prohibited.

BY USING QONQR, YOU AGREE TO COMPLY WITH THESE TERMS AND APPLICABLE LAWS AND REGULATIONS IN CONNECTION WITH YOUR USE OF QONQR. Please read this Agreement and the Privacy Policy so that you understand our policies. If you do not agree with the terms of this Agreement or the Privacy Policy, you may not use QONQR.

The Company shall have the legal right at any time, without prior notice, and in its sole discretion, to revise this Agreement or impose new terms and conditions with respect to access to or use of QONQR. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on our website. You should check the terms of this Agreement periodically for any modifications or revisions. Continued use of QONQR after we post changes to this Agreement constitutes your acceptance of the changes.

Grant of a Limited License to Use QONQR

Subject to your agreement to and continuing compliance with this Agreement, you may use QONQR solely for your own non-commercial entertainment purposes by accessing it with an authorized, unmodified software that communicates with Company's server installed on a mobile device or computer ("Game Client"). You may not use QONQR for any other purpose, or in connection with any other software. Attempting to use QONQR with a modified Game Client, or manipulating the communication of the Game Client and server is not allowed, and is a violation of this Agreement.

Intended for Users Over 13

QONQR is intended for use by individuals 13 years of age or older. QONQR is not meant for use by children under the age of 13. Users under the age of 13 must get the assistance of a parent or guardian to sign-up and use QONQR.

Prohibited Use.

QONQR may only be used for lawful purposes. Activities including, but not limited to, tampering with QONQR, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on QONQR are prohibited. If you use QONQR, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account and password. You agree not to use any device, software or routine or data to interfere or attempt to interfere with the proper working of QONQR or any activity being conducted on QONQR.

You are prohibited from violating or attempting to violate the security of QONQR, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) using QONQR for unintended purposes or trying to change the behavior of QONQR; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to QONQR, overloading, "flooding," "spamming," "mailbombing" or "crashing"; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; (f) forging communications on behalf of QONQR (impersonating QONQR) or to QONQR (impersonating a legitimate user); (g) accessing, navigating or searching QONQR through the use of any automated or electronic devices, including but not limited to browsers, spiders, robots, avatars or intelligent agents, or any other similar technology either now know or hereafter developed, other than search agents provided by Company or generally publicly available Internet browsers; (h) soliciting, facilitating, encouraging or agreeing to provide access to or otherwise remarket or redistribute, or take affirmative steps to allow or permit such access to, or remarketing or redistribution of, any QONQR content or data to any third party, through any process, including but not limited to screen scraping, spiders, web "bots" or other device, technology, software or system now known or hereafter discovered; (i) sending unsolicited and unauthorized e-mail on behalf of Company, including promotions and/or advertising of products or services; (j) using hacks, automation software (bots), or any other unauthorized software designed to modify the QONQR experience; (k) employing the use of automated game play software, even if operating within the defined parameters of the game play experience, to create a game play advantage through faster level-up or in game credit accumulation; (l) communicating directly with the services in QONQR via any software not distributed by Company; (m) modifying data files or cookies used by Company software; (n) attempting to duplicate the services of Company in any fashion to intercept, redirect or disrupt QONQR; or (o) violating any applicable law or regulation in connection with your use of QONQR;

Ownership.

All content included on or comprising QONQR, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, user accounts, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, "applets," transcripts of the chat rooms, character profile information, recordings of games and other material (collectively, "Content") is protected by and subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Company, one of its affiliates, or by third parties, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is protected as a collective work under U.S. and international copyright laws, and Company owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content.

You may not use material displayed on QONQR for any commercial purposes without the written permission of one of our authorized representatives. Except as expressly authorized or licensed, you may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part.

Company logos and other trademarks on QONQR are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by Company and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.

No Ownership Rights in Account.

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT STORED OR HOSTED ON ANY SYSTEM OF THE COMPANY, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO SUCH ACCOUNTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF THE COMPANY.

Account Suspension/Deletion and QONQR modification.

Company may suspend, limit, terminate, modify, or delete any account any time for any reason or for no reason, with or without notice to you and without refund, in its sole discretion. In the event that Company limits or terminates your access to QONQR, Company assumes no responsibility or liability for any losses, damages, or other consequences of any kind resulting from your inability to access QONQR. The Company may also, in its sole discretion and with or without prior notice, change, modify, add to, supplement or delete, at any time, QONQR or any feature of QONQR, its hours of availability, theme, content, data, software or equipment needed to access QONQR.

Naming Guidelines

Users may select a code name to use while using QONQR. All users will be identified to other players through the code name they select. Users may change their code name once selected through in-game services. The Company reserves the rights to disable, delete or modify the accounts of any player, in its sole discretion, without warning or notice, if the player's code name is deemed inappropriate.

Guidelines for common decency in selecting code names follow

  1. Users should not select a code name that is offensive.
  2. Users should not choose code names of a celebrity or public figure, unless it is the real name of the player (which is not advised).
  3. Players should avoid the use of their real name. QONQR will expose the general proximity (within miles) of players at the time of nanobot deployments, and as such, will expose the approximate location (within miles) of each player. Therefore for personal safety concerns, it is strongly advised that players use a non-identifying alias in the game.
  4. Code names containing trademarks or service marks not owned by the player are prohibited.
  5. Code names that are sexual, criminal or violent in nature, or make references to drugs are prohibited.
  6. Code names that are religiously, politically, or culturally offensive are prohibited.
  7. Alternate spellings of words and names may not be used to circumvent any of the naming guidelines outlined.

Abuse and Offensive Material

QONQR players are encouraged to express their creativity and individuality within the game. However players should not allow the privacy afforded through in-game anonymity to be an invitation to behave outside the bounds of civil interaction. Players must respect the rights and perceptions of the other players in the game are required to interact in a sportsmanlike manner.

The following guidelines for common decency apply to in-game interaction

  1. Users may not select a profile picture that is offensive, QONQR shall have sole responsibility for determining offensiveness using guidelines for images being appropriate in the audience of minors who may be playing the game
  2. Players concerned with privacy should not use a photo of themselves as their profile picture.
  3. Images containing trademarks or service marks not owned by the player are prohibited for use within the game.
  4. QONQR players are permitted to use QONQR trademarked and copyrighted images within the game. This right to use QONQR trademarks and copyrighted material does not extend outside the game.
  5. Profile pictures that are sexual, criminal or violent in nature are prohibited
  6. Images containing offensive words, including profanity or threats are not allowed in the game.
  7. Images and/or public messages containing information that would pose a privacy risk of another player is prohibited in the game.
  8. Players may not use the in-game communication tools to send threats of violence that result in a concern for personal safely.
  9. Players may not use the in-game communication tools to convey messages that are culturally, politically, racially, or sexually offensive.
  10. Players should avoid the use of profanity when using the in-game communication tools unless it is known the recipient of the message condones such language without offense. Such language should never be used a public forum.
  11. QONQR reserves the right to take action on all player initiated content QONQR deems inappropriate, including deleting content and permanently or temporarily revoking the player's ability to post additional content. This includes the right to temporary or permanently block access to the game. Reference the Account Suspension section in this document.

Warranty Disclaimer.

QONQR IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS, AND THE COMPANY DOES NOT WARRANT THAT QONQR WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT QONQR IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT.

Limitation of Liability.

IN NO EVENT SHALL THE COMPANY, ITS PARENT, SUBSIDIARIES, LICENSORS OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, LIQUIDATED, OR OTHER CONSEQUENTIAL DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY, ARISING OUT OF YOUR ACCESS TO OR INABILITY TO ACCESS QONQR, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED THROUGH QONQR, YOUR USE OF OR RELIANCE UPON QONQR OR ANY OF THE INFORMATION OR MATERIALS AVAILABLE ON QONQR, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION. THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. In no event shall Company's aggregate liability, whether arising in contract, tort, strict liability or otherwise, exceed the total fees paid by you to Company during the six (6) months immediately prior to the time such claim arose.

YOU ACKNOWLEDGE THAT IN CONNECTION WITH YOUR USE OF QONQR, INFORMATION WILL BE TRANSMITTED OVER NETWORKS, ROUTERS, SERVERS AND OTHER DEVICES OWNED, MAINTAINED OR SERVICED BY THIRD PARTIES OVER WHICH THE COMPANY HAS NO CONTROL. ACCORDINGLY, THE COMPANY WILL NOT BE LIABLE FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF QONQR.

Indemnification.

YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE COMPANY, ITS PARENT, SUBSIDIARIES AND AFFILIATES, FROM AND AGAINST ANY CLAIM, LIABILITY, INJURY, DAMAGE, LOSS OR EXPENSE (INCLUDING REASONABLE ATTORNEYS' FEES) INCURRED AS A RESULT OF, ARISING FROM, OR RELATING TO YOUR USE OF QONQR.

Equitable Remedies.

In the event that you breach this Agreement, you hereby agree that Company would be irreparably damaged if this Agreement were not specifically enforced, and therefore you agree that Company shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as Company may otherwise have available to it under applicable laws.

Dispute Resolution and Governing Law.

To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement ("Dispute"), you and Company agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. The Company will send its notice to your billing address and email you a copy to the email address you have provided to us. You will send your notice to Qonqr, LLC, PO Box 120761, St Paul, MN 55112, Attn: Legal Department.

If you and Company are unable to resolve a Dispute through informal negotiations, either you or Company may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available that the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Company will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and Company may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

You and Company agree that any arbitration shall be limited to the Dispute between Company and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) 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 and Company agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Company's intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.

Except as expressly provided otherwise, this Agreement shall be governed by, and will be construed under, the Laws of the United States of America and the law of the State of Minnesota, without regard to choice of law principles.

Miscellaneous.

If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Terms of Use Agreement is the complete and exclusive statement of the agreement between you and Company concerning your use of QONQR, and this Agreement supersedes any prior or contemporaneous agreement, either oral or written, and any other communications with regard thereto between you and Company. This Agreement may only be modified as set forth herein. The section headings used herein are for reference only and shall not be read to have any legal effect.