Licensor’s sole liability for any breach of this warranty shall be, in Licensor’s sole discretion (i) to replace your defective media or App, or (ii) to advise you how to achieve substantially the same functionality with the App as described in any Documentation through a procedure different from that set forth in any Documentation, or (iii) if the above remedies are impracticable, to refund the license fee you paid for the App. Repaired, corrected, or replaced App and Documentation shall be covered by this limited warranty for the period remaining under the warranty that covered the original App, or if longer, for ten (10) days after the date (a) of delivery to you of the repaired or replaced App, or (b) Licensor advised you how to operate the App so as to achieve substantially the same functionality described in any Documentation.
Only if you inform Licensor of your problem with the App during the applicable warranty period and provide physical evidence of the date you purchased or obtained a license to the App will Licensor be obligated to honor this warranty. Licensor will use reasonable commercial efforts to repair, replace, advise or, for individual consumers, refund pursuant to the foregoing warranty within forty-five (45) days of being so notified.
If any modifications are made to the App by you during the warranty period, if the media is subjected to accident, abuse, or improper use or if you violate the terms of this Agreement, then this warranty shall immediately terminate. This warranty shall not apply if the App is used on or in conjunction with hardware or App other than the unmodified version of hardware and App with which the App was designed to be used as described in the Documentation.
THIS IS A LIMITED WARRANTY, AND THE WARRANTY SET FORTH IN THIS AGREEMENT IS THE ONLY WARRANTY MADE BY LICENSOR. LICENSOR MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS. TO THE FULL EXTENT PERMITTED BY LAW, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE ABOVE LIMITED WARRANTY PERIOD. MOREOVER, IN NO EVENT WILL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. NO DEALER, AGENT, OR EMPLOYEE OF LICENSOR IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS LIMITED WARRANTY. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE APP REMAINS WITH YOU.
Notwithstanding the foregoing, Licensor (not the Services) is responsible for addressing any claims You or a third-party may have related to the App or your possession and/or use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Apps use of Healthkit or Homekit frameworks.
Your Comments & Our Questers:
When people stand behind their opinions and actions, our questers are safer and more accountable. For this reason, you must:
- Provide for your account the same name that you use in everyday life.
- Provide accurate information about yourself.
- Create only one account (your own) and use it for personal purposes.
- Not share your password, give access to your Business Empire account to others, or transfer your account to anyone else (without our permission).
We try to make Business Empire broadly available to everyone, but you cannot use Business Empire if:
- You are under 18 years old.
- You are a convicted sex offender.
- We’ve previously disabled your account for violations
- You are prohibited from receiving our products, services, or software under applicable laws.
What you can share and do on Business Empire Products
We want people to use Business Empire Products to express themselves and to share content that is important to them, but not at the expense of the safety and well-being of others or the integrity of our community. You therefore agree not to engage in the conduct described below (or to facilitate or support others in doing so):
- You may not use our Products to do or share anything: (Violations listed below)
- That violates these Terms, or other terms and policies that apply to your use of our Products.
- That is unlawful, misleading, discriminatory or fraudulent (or assists someone else in using our Products in such a way).
- That you do not own or have the necessary rights to share.
- That infringes or violates someone else’s rights, including their intellectual property rights (such as by infringing another’s copyright or trademark, or distributing or selling counterfeit or pirated goods), unless an exception or limitation applies under applicable law.
- You may not upload viruses or malicious code, use the services to send spam, or do anything else that could disable, overburden, interfere with, or impair the proper working, integrity, operation, or appearance of our services, systemes, or Products.
- You may not access or collect data from our Products using automated means (without our prior permission) or attempt to access data you do not have permission to access.
- You may not proxy, request, or collect Product usernames or passwords, or misappropriate access tokens.
- You may not sell, license, or purchase any data obtained from us or our services, except as provided in the Platform Terms.
- You may not misuse any reporting, flagging, dispute, or appeals channel, such as by making fraudulent, duplicative, or groundless reports or appeals.
We can remove or restrict access to content that is in violation of these provisions. We can also suspend or disable your account for conduct that violates these provisions.
If we remove content that you have shared in violation of the Community Standards, we’ll let you know and explain any options you have to request another review, unless you seriously or repeatedly violate these Terms or if doing so may expose us or others to legal liability; harm our group of questers; compromise or interfere with the integrity or operation of any of our services, systems or Products; where we are restricted due to technical limitations; or where we are prohibited from doing so for legal reasons.
To help support our community, we encourage you to report content or conduct that you believe violates your rights (including intellectual property rights) or our terms and policies, if this feature exists in your jurisdiction.
We also can remove or restrict access to content features, services, or information if we determine that doing so is reasonably necessary to avoid or mitigate misuse of our services or adverse legal or regulatory impacts to Ultimate Business Quest, Companies and Products.
Permissions from you to utilize Business Empire
We need certain permissions from you to provide our services:
- Permission to use content you create and share: Some content that you share or upload, such as photos or videos, may be protected by intellectual property laws.
You retain ownership of the intellectual property rights (things like copyright or trademarks) in any such content that you create and share on Business Empire and other Ultimate Business Quest Company Products you use. Nothing in these Terms takes away the rights you have to your own content. You are free to share your content with anyone else, wherever you want.
However, to provide our services we need you to give us some legal permissions (known as a “license”) to use this content. This is solely for the purposes of providing and improving our Products and services as described above.
Specifically, when you share, post, or upload content that is covered by intellectual property rights on or in connection with our Products, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). This means, for example, that if you share a photo on Business Empire, you give us permission to store, copy, and share it with others (again, consistent with your settings) such as Ultimate Business Quest Products or service providers that support those products and services. This license will end when your content is deleted from our systems.
You can delete individual content you share, post, and upload at any time. In addition, all content posted to your personal account will be deleted if you delete your account. It may take up to 90 days to delete content after we begin the account deletion process or receive a content deletion request.
Content will not be deleted within 90 days of the account deletion or content deletion process beginning in the following situations:
- where your content has been used by others in accordance with this license and they have not deleted it (in which case this license will continue to apply until that content is deleted);
- where deletion within 90 days is not possible due to technical limitations of our systems, in which case, we will complete the deletion as soon as technically feasible; or
- where immediate deletion would restrict our ability to:
- investigate or identify illegal activity or violations of our terms and policies (for example, to identify or investigate misuse of our Products or systems);
- protect the safety, integrity, and security of our Products, systems, services, our employees, and users, and to defend ourselves;
- comply with legal obligations for the preservation of evidence, including data Ultimate Business Quest and Companies providing financial products and services preserve to comply with any record keeping obligations required by law; or
- comply with a request of a judicial or administrative authority, law enforcement or a government agency;
- in which case, the content will be retained for no longer than is necessary for the purposes for which it has been retained (the exact duration will vary on a case-by-case basis).
In each of the above cases, this license will continue until the content has been fully deleted.Permission to use your name, profile picture, and information about your actions with ads and sponsored or commercial content: You give us permission to use your name and profile picture and information about actions you have taken on Business Empire next to or in connection with ads, offers, and other sponsored or commercial content that we display across our Products, without any compensation to you. For example, we may show your picture if you win cash incentives within Business Empire or any of Ultimate Business Quests Products. Permission to update software you use or download: If you download or use our software, you give us permission to download and install updates to the software where available.
- Contact Information. For information, questions, claims or complaints concerning the App, you may contact (name, address, email and phone):
ULTIMATE BUSINESS QUEST, LLC