QED
English
QED
English
QED QED LLC (“QED” “we,” “our,” or “us”) is a service that allows the user to create or transfer NFTS (non-fungible tokens) on a blockchain as digital representations of digital or real-world items. This service is currently provided free of charge and QED cannot accept responsibility for any loss or inconvenience caused by reliance on any material on this application. QED provides this application and its contents (the “Service”), for use on iOS or Android mobile devices, subject to the following Terms of Use (the “Terms”). These Terms shall apply to any person (referred to herein as “you” or “your”) who accesses or uses any feature of the Service. If you are using this Service on behalf of a business, corporation, partnership, or other entity, you agree to these Terms for that business, corporation, partnership, or entity and represent that you have the authority to do so (in that case, “you” and “your” refers to that business, trust or entity). BY USING THE APP, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT OR, IF YOU ARE NOT, THAT YOU HAVE OBTAINED THE CONSENT OF A PARENT OR GUARDIAN TO ENTER INTO THIS AGREEMENT. IF YOU ARE UNDER 13 YEARS OLD, YOU ARE NOT PERMITTED TO USE THE APP.
YOU SHOULD READ THESE TERMS AND CONDITIONS BECAUSE THEY MAY LIMIT YOUR LEGAL RIGHTS. PLEASE REVIEW THE ARBITRATION TERMS BELOW AS THEY WILL REQUIRE YOU TO AGREE TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTIONS. THESE TERMS APPLY TO ALL VISITORS, USERS AND OTHERS WHO ACCESS THIS SERVICE (“users”). BY VISITING OR USING THIS SITE, YOU EXPRESSLY AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
For an explanation of our practices and policies related to the collection, use and storage of Service users’ information, please read our Privacy Policy, which is incorporated herein by reference.
Limited License.You are granted a (revocable) non-exclusive, non-sublicensable, non-transferable, personal, limited license to install and use the QED Web App (“Software”)—NOT REALLY DEFINED only on a mobile device that you own or control, solely for your use and as expressly permitted herein. All rights not expressly granted to you herein are reserved. Or license to use the Services. You’re access and use of the Servicesis conditioned on your compliance with this Agreement.
Wallet.A wallet and unique credentials are created for the user of this Service. The tokens are authenticated and hosted securely in the wallet for receipt of the tokens, and may be transferred to a third party.
No Fees.There is no fee or charge for using the Service. Regular account charges will apply to services and features that are accessible through the Service. The telecommunications carrier for your Eligible Mobile Device—DEFINITION? may impose an extra fee in order to make such device wireless web enabled.
Access Device.By identifying a cell phone or other device as an Eligible Mobile Device for use with the Service, QED does not recommend, endorse or make any representation or warranty of any kind regarding the performance or operation of such device. You are responsible for the selection of an Eligible Mobile Device and for all issues relating to the operation, performance and costs associated with such device with your telecommunications carrier.
Other features of the Service may request access to other information contained or generated in your device including location services in order to function properly. If you deny access to these functions these services may not work as designed.
Information Submitted Through the Site. Your submission of information through the Site is governed by our Privacy Policy, which is located at [insert hyperlink to Privacy Policy]. You agree that all information that you provide to us is true, accurate and complete and that you will update such information as necessary You may not transfer, or sell access to, your account. We will not be liable for any harm related to disclosure of your username or password. You agree that QED will not be held responsible for any unauthorized access to the Services (or any harm resulting from such unauthorized access)
Errors and Changes in Service.QED Business has no obligation to correct any bugs, defects or errors in the Service or Software, or to otherwise support, maintain, improve, modify, upgrade, update or enhance the Service or Software. Except as otherwise required by applicable law or regulation, QED Business, at any time in its sole discretion without prior notice, may (i) terminate your use of the Service, and (ii) expand, reduce or suspend the type of activity allowed using the Service.
Data Collection, Use, Sale and Disclosure. Solely to the extent permitted by applicable law and regulation,You acknowledge and agree that QED Business may collect, transmit, and store, and sell technical, location, and login or other personal data and related information, including but not limited to technical information about your device, system and application software, and peripherals, and information regarding your location (including, for certain services, your precise physical location), that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to, or in connection with, the Service. You also acknowledge that QED may sell such data collection.
The Service will enable you to create, hold, receive or transfer a token or tokens(s) from the QED business app. This token may be held in a wallet for the secure download and transfer of your token(s) and enhance user experience. QED will collect information for your security and benefit of all token holders, and to offer you a secure way of holding and transferring your token, and to guard against counterfeiting.
We may use this information to provide or enhance the specific products or services, to facilitate the operation of our Service, to help us understand how our users use our Service, for our internal analytics and reporting, authentication, and security (including fraud prevention), and to improve the functionality of this Service. We may disclose your information and location to our suppliers and agents who assist us in providing the Service to you. QED and these suppliers and agents may access, use, or disclose your information to meet legal or regulatory obligations, including responding to requests from government, regulators, courts, and law enforcement authorities, to the extent permitted by applicable laws and regulations.
The ability to collect certain personal information is controlled by your device. For example, your device may control the ability to disclose your device's geolocation or provide access to your contacts, photos and/or camera. Please refer to the documentation for your device regarding how to allow or block the collection of location or certain device information. If you choose not to provide location or certain device information, some services you request may not operate effectively.
You authorize your wireless operator to disclose your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status details, if available, solely to allow verification of your identity and to compare information you have provided to QED with your wireless operator account profile information for the duration of your business relationship with QED.
Third-Party Services and APIs.Some of the content appearing to be on this Service is in fact supplied, supported, or provided directly or indirectly by third parties. The Service may provide features you access through other third-party services using software links or application programming interfaces (APIs”). Any such link does not imply any endorsement by QED or any affiliation with its operator. Such links may be blocked by QED at any time. Your use of such services is subject to the terms of use and privacy policies of such services.
Prohibited Uses.You agree that you will not use the Service, or any services related thereto for any purposes prohibited by United States law and shall not use or otherwise export or re-export this application or its software, except as authorized by United States law and the laws of the jurisdiction in which the Service was obtained. You hereby represent and warrant (i) you are not located in a country that is subject to a U.S. Government embargo or 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.
Authority and Accuracy.In consideration of your visiting and using the Service, you represent that you are able to form a binding contract on behalf of yourself or the business, corporation, partnership or entity you represent. You also agree that any information you provide is accurate and complete information at the time provided. You agree that you will not impersonate any person or entity whether actual or fiction. You agree to update any information provided to QED to keep it accurate and complete. Failure to timely and accurately provide updated information about you is reasonable grounds for QED to suspend or terminate your account and to refuse you service in the future. You must be at least 18 years of age to use this Service. QED does not knowingly collect personally identifiable information from children under the age of 13.
Password Restricted Areas of the Service.Certain areas of the Service may be password restricted to QED customers or registered users ("Password-Protected Areas"). If you have registered as an authorized user to gain access to these Password-Protected Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password and agree to notify QED if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for all activities that occur under your account, whether or not you are the individual who undertakes such activities. You agree to immediately notify QED of any unauthorized use of your account or any other breach of security in relation to your password or the Service that is known to you.
Errors and Changes in Service.QED has no obligation to correct any bugs, defects or errors in the Service or software, or to otherwise support, maintain, improve, modify, upgrade, update or enhance the Service or Software. Except as otherwise required by applicable law or regulation, QED, at any time in its sole discretion without prior notice, may (i) terminate your use of the Service, and (ii) expand, reduce or suspend the type of activity allowed using the Service.
Service Updates.From time to time, we may issue upgraded versions of the Service. You agree that these Terms will apply to all such upgrades. Any third-party code that may be incorporated in the Service is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. We may add or remove features, and while we will do our best to give you advance notice about any major changes, you understand that we may stop, suspend, or change the Service at any time without prior notice. We may also remove content from the Service at our discretion. Any attempt by you to transfer any of the rights, duties, or obligations hereunder, except as expressly provided for in these Terms, is void.
Copyrights and Protected Content.All content and functionality on the Service, including text, graphics, logos, icons, images, and videos and the selection and arrangement thereof, in addition to any concepts, know-how, tools, frameworks, software, applications or other technology, algorithms, models, processes, and industry perspectives underlying or embedded in the foregoing, along with any enhancements to or derivative works thereof (the “Service Content”) is the exclusive property of QED or its licensors and, to the extent applicable, is protected by U.S. and international copyright laws, or other applicable intellectual property laws. Neither the Service Content nor functionality of the Service, may be copied, reproduced, modified, reverse engineered, altered (including the removal or disabling of any security or technological safeguards, disclaimers, or legends) uploaded, published, posted, transmitted, or distributed in any way without our written permission, except for those uses specified in Section 1 (Limited License). All rights not expressly granted are reserved. PLEASE NOTE THAT ANY UNAUTHORIZED USE OF THE CONTENTS OF THIS SERVICE, OR ANY SOFTWARE UTILIZED BY THIS SERVICE, COULD EXPOSE YOU TO CIVIL OR CRIMINAL PENALTIES (THIS MAY INCLUDE MONETARY DAMAGES) FOR COPYRIGHT INFRINGEMENT OR VIOLATION OF OTHER APPLICABLE INTELLECTUAL PROPERTY.
You hereby represent and warrant that your user name and all other content does not infringe any intellectual property, and You hereby grant QED unfettered right to change Your user name and all other content to ensure that such does not infringe or violate the rights of any third party.
Trademarks.The trademarks, service marks, designs, and logos of QED (collectively, the “Trademarks”) displayed on the Service are the registered and unregistered Trademarks of QED and its licensors. You agree that, except as expressly permitted by us or by our licensors, where applicable, you will not refer to or attribute any information to QED or its licensors in any public medium (e.g., press release, WebServices, or public social media) for advertising or promotion purposes, or for the purpose of informing or influencing any third party and that you will not use or reproduce any Trademark of, or imply any endorsement by or relationship with, QED or its licensors. Trademarks, service marks, entity names, designs, or logos of entities other than QED appearing on the Service are trademarks of their respective holders; unless otherwise explicitly stated, such appearance is not meant to imply endorsement by or any other relationship with such entities.
Your Suggestions.To the extent you provide us with any suggestions, ideas, proposals, or similar materials, whether regarding the content of this Service or otherwise they will be treated as a voluntary submission. You agree and represent that such submission is not confidential. If you provide a submission to us, it is unsolicited, gratuitous and without restriction and does not create any obligation to QED.
Data Mining, Commercial Use and Other Prohibited Uses.You acknowledge that you are expressly prohibited from utilizing this Service in connection with data mining of any kind, commercial use, the sending of unsolicited electronic mail or other forms of messages, whether commercial or not, to a large number of recipients. This prohibition extends to the sending of unsolicited mass mailings from another service which in any way implicates the use of this Service or QED. You may not use the Service, or the content or information delivered through the Service in any way that would infringe any third-party copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights or that would violate any applicable law or regulation. You may not use, frame, or utilize framing techniques to enclose any QED trademark, logo or trade name or other proprietary information including the images found at the Service, the content of any text or the layout/design of any page or any form contained on a page without the express written consent of QED.
Limitation of Liability.You expressly understand and agree that:
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
Indemnification.You agree to defend, indemnify, and hold harmless QED, its affiliates and their respective directors, officers, employees, licensors and agents from and against all claims, losses, damages, costs and expenses, including attorneys’ fees, made by you or any other person arising from your use of this Service or the contents and materials thereof, your violation or breach of the Terms, or your violation of any applicable federal or state laws or regulations.
Security of Information.We and our service providers maintain physical, electronic, and procedural safeguards that comply with applicable federal standards to guard your personal information provided through the Service.
Retention of Information.We will retain your personal information, both the information you provide directly, and the information obtained from third party Services as long as you are enrolled in the Service. If you cancel the Service, we will discontinue the collection of information from third party Services on your behalf. Upon cancellation of the Service or deletion of an account or institution from the Service we will delete and direct our third-party service provider to delete this data from our and their respective records. This data will be maintained with the same security and privacy controls as are in effect when you are enrolled in the Service.
Notification Procedures and Changes to these Terms. QED may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website qedvault.com XXX, as determined by QED. We reserve the right to determine the form and means of providing notifications to our users, provided that you may opt out of certain means of notification as described in these Terms. QED is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, intellectual property rights, or other proprietary rights. All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and QED are each waiving the right to a trial by jury or to participate in a class action.
Miscellaneous. These Terms, the relationship between you and QED and any arbitration shall be governed by the laws of the State of New York, without regard to its conflict of law provisions. You and QED agree to submit to the personal and exclusive jurisdiction of the courts located within New York County, New York.
You agree that, except as otherwise expressly provided in the Terms, there shall be no third-party beneficiaries to this agreement.
The failure of QED to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the other terms and provisions of the Terms shall remain in full force and effect.
You agree that your qed business user account is non-transferable and your access to your account or its contents may be terminated at any time in QED’S sole discretion for breach of these Terms, fraudulent or illegal activity or based on inactivity and lack of transactions on the Service.
If you select a username or similar identifier to your account, we may change it or require you to change it if we believe it is appropriate or necessary (for example. If it infringers someone’s intellectual property or impersonates another user).
You agree that any claim or cause of action that you have arising out of or related to use of any services provided on our Service, or these Terms must be filed within one (1) year after the date that such claim or cause of action arose or be forever barred. These Terms constitute the entire agreement between you and QED and govern your use of the Service. They may not be amended, except by a signed written agreement between QED and any user.
Your Questions. If you have questions regarding these Terms of Use, you should contact QED by e-mailing [legal@ qedvault.comXXX] and writing "Terms of Use" in the subject line. You may also write to QED XXXX New York, New York XXX. If you have disputes about the accuracy of any account information displayed or believe that someone who is not authorized to do so has accessed information through the Service, please contact QED at (929) 258-6022 or your QED account officer.
This Privacy Policy is subject to all applicable privacy laws and regulations regarding the collection, use and disclosure of personal information. When you create an account, we collect information directly from you, such as your name, phone number, email address, and zip code. The creator of the token may be able to see this information, such as the username, and the name and block chain address. Another user will see a unique blockchain address and the name assigned to the wallet. This information will be visible to the creator of the token. Personal Information may also be obtained from third parties, device information, links, IP addresses, social media outlets, cookies and similar technologies. We also may collect data from you when you use or view our application. We use standard commercial and legal practices for keeping such data confidential, but there is no guarantee that such practices will prevent the disclosure or further distribution of such data beyond the Company.
We use the Personal Information that we collect about you for the following purposes:
We will not share your Personal Information with any third party, except as described in this Privacy Policy. The personal data we collect from you as described above may be transferred with your tokens transfer. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to such transfers. There are circumstances where we may need to share some of the Personal Information we collect about you or which you provide to us for the purposes set out above - these circumstances are as follows:
We and our third-party service providers may collect Other Information in a variety of ways, including, but not limited to:
Through Your Device:Certain information such as your location, device model, IP address, your operating system is collected by most browsers or automatically through your device, such as your Media Access Control (MAC) address, computer type (Windows or Macintosh), screen resolution, operating system version, device manufacturer and model, language and Internet browser type and version. We use this information to ensure that the App functions properly.
Cookies:Cookies are pieces of information stored directly on your mobile device or any other device by a website, containing the details of your interactions with the App. Cookies allow us to collect information such as time spent on the App, pages visited, language preferences and other anonymous traffic data. We and our service providers use the information for security purposes, to facilitate navigation, to display information more effectively, and to personalize your experience while visiting the App, as well as for online tracking purposes. We also use cookies to gather statistical information about the use of the App in order to continually improve its design and functionality, understand how it is used and assist us with resolving questions about it. Cookies further allow us to select which of our content, advertisements or offers are most likely to appeal to you and display them while you are using the App. We may also use cookies in online advertising to track responses to our advertisements. We do not use cookies where prohibited by law. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to automatically decline cookies or be given the choice of declining or accepting the transfer to your computer of a particular cookie (or cookies) from a particular site. You may also wish to refer to http://www.allaboutcookies.org. If you choose to decline cookies, you may experience some inconvenience in your use of the App, and some or all of the features, functionality and promotions available through the App may not be available to you. We may use Analytics such as Google Analytics, which uses cookies and other, similar technologies to collect information about Site use anonymously and reports website trends, without identifying individual visitors. We also use an enhancement to Google Analytics called “Demographics and Interest Reporting,” through which Google provides us with information about App users’ demographics (e.g., age, gender) and interests. This information, which Google may collect by tracking a user’s behavior across third-party websites, helps us to learn more about our users. You can learn about Google’s practices in connection with this enhanced tracking and opt out of it by visiting www.google.com/settings/ads or by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.
Pixel Tags and Similar Technologies:Pixel tags (also known as web beacons and clear GIFs) may be used, to the extent permitted by law, in connection with some App pages and HTML-formatted email messages to, among other things, track the actions of App users and email recipients, measure the success of our marketing campaigns and compile statistics about App usage and response rates. [XXX-APPLICABLE?]
Subject to applicable laws and regulationsSubject to applicable laws and regulations,we may also collect any information that does not reveal your specific identity or does not directly relate to an individual, such as browser information, information collected through cookies, pixel tags and other technologies, demographic information, other information provided by you, and aggregated information (“Other Information”).
Subject to applicable laws and regulationsSubject to applicable laws and regulations,we may also collect any information that does not reveal your specific identity or does not directly relate to an individual, such as browser information, information collected through cookies, pixel tags and other technologies, demographic information, other information provided by you, and aggregated information (“Other Information”).
We may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law. If we are required to treat Other Information as Personal Information under applicable law, then, in addition to the uses listed in the How We Collect Other Information section above, we may use and disclose Other Information for all the purposes for which we use and disclose Personal Information. In some instances, we may combine Other Information with Personal Information. If we do, we will treat the combined information as Personal Information as long as it is combined.
This Privacy Policy does not address, and we are not responsible for, the privacy, information or other practices of any third parties, including any third party operating any site to which this App contains a link. The inclusion of a link on the App does not imply endorsement of the linked site by us or by our affiliates.
We use reasonable organizational, technical and administrative measures to protect Personal Information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us in accordance with the Contact Us section below. We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you opt out as described above, we will not be able to remove your Personal Information from the databases of our affiliates or unaffiliated third parties with which we have already shared your Personal Information.
Please note that you may delete the App from your mobile device at any time.
The right to access – You have the right to request our Company to provide copies of your personal data. We may charge you a small fee for this service. The right to rectification – You have the right to request that our Company correct any information you believe is inaccurate. You also have the right to request Our Company to complete information you believe is incomplete. If you would like to review, correct, update, suppress, delete or otherwise limit our use of the Personal Information you have provided to us, please contact us in writing at [insert contact email address]. In your request, please make clear what information you would like to have changed, whether you would like to have your Personal Information suppressed from our database or otherwise let us know what limitations you would like to put on our use of your Personal Information. We will try to comply with your request as soon as reasonably practicable. For your protection, we may only implement requests with respect to the Personal Information associated with the email address you use to send us your request, and we may need to verify your identity before implementing your request. Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to your request. There may also be residual information that will remain within our databases and other records, which will not be removed.
We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.
We do not knowingly collect Personal Information from children under the age of thirteen (13). We are committed to protecting children’s privacy.
All controversies concerning the App, the Services and our operations, are to be governed by the laws of the State of New York, notwithstanding any choice of law rules. By downloading or using the App, you hereby consent to the jurisdiction of the courts of the State of New York, including the State or Federal courts therein, as applicable. The App is controlled and operated by us from the United States and is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the State of New York, United States. The Company provides the Service “as is.” You expressly understand and agree that the Company shall not be liable, in law or in equity, to you or any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from: (1) the use or the inability to use the Service; (2) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the Service; (4) statements of conduct of any third party on the Service; (5) or any other matter relating to this Agreement or the Service, whether as a breach of contract, tort, or any other theory of liability.
Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers, and, by using the App, you consent to the transfer of information to countries outside of your country of residence, including the United States, which may have data protection rules that are different from those of your country.
We ask that you not send us, and you not disclose, any sensitive Personal Information (e.g., Social Security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health or criminal background) on or through the App or otherwise to us.
We collect, use, and share Personal Information of California residents as a “business” under the California Consumer Privacy Act (“CCPA”). The term “Personal Information” in this section has the meaning given in the CCPA but does not include information exempted from the scope of the CCPA. California residents have the rights listed below under the CCPA.
Information. You can request the following information about how we have collected and used your Personal Information during the past 12 months:
Deletion. You can ask us to delete the Personal Information that we have collected from you.
Nondiscrimination. You are entitled to exercise the rights described above free from discrimination as prohibited by the CCPA.
We do not sell your personal information and will never sell your personal information to third parties without your explicit consent. You may submit requests to exercise your right to information, access or deletion by logging into your account and submitting a request under account settings. Personal Information as described in the How we share your personal information section above.
If you are a foreign national who is protected by the General Data Protection Regulation (GDPR), we apply the provisions of the GDPR. The GDPR does not apply to us, the Services and this Privacy Policy, where we and our operations or Services are exempt from the GDPR, or where the GDPR is not applicable to us or our operations or Services.
If you have any questions about this Privacy Policy, please contact us via [insert contact email]. Because email communications are not always secure, please do not include credit card or other sensitive information in your messages to us. © QED QED LLC____, unless otherwise expressly stated. All rights reserved.
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