Laste updated: 10/8/2020
QuantumCamp Terms and Conditions
QuantumCamp, Inc. (“QC”) owns and operates this website. These Terms and Conditions (the “Terms”) apply to this QC website and all other sites (collectively, the “Website”) owned, operated, and maintained by QC (collectively “QC” or “we” or “us”). If you continue to browse and use this Website, you are agreeing to comply with and be legally bound to the Terms. In the event that you do not agree to the Terms you should not continue to use the Website.
1. You agree to use the Website in a manner consistent with these Terms and all applicable laws.
2. We may terminate or suspend your access to and use of the Website at our sole discretion if we believe in good faith that you are violating these Terms or for any other lawful reason.
3. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable license to access and use the Website for your personal use.
4. Permitted Use: The Website is available only to those persons who are eligible to form legally binding agreement(s) based on applicable law. Those who do not qualify are not permitted to use the Website. The Website contains material which is owned by or licensed to us. You shall not copy, reproduce, republish, download, post, modify, or otherwise disseminate material from the Website, including but not limited to: images, videos, or content, in any manner except for personal and non-commercial use without our express written consent. You may not decompile, reverse-engineer, disassemble, modify, or create derivative works from the Website, and you may not remove or amend any trademark, copyright, or other proprietary notice.
5. Prohibited Uses: You agree not to use the site for any illegal or non-permitted purposes. You will not use this Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, robot, rootkit or other malicious computer software. Repetitive data extraction devices or other means with similar functionality which may impinge on the proper use of the Website are prohibited.
6. Investigation and Remedy: In instances where we believe that any aspect of the Terms has been violated, you agree to allow without prior notice and at our sole discretion that any account or access may be blocked. We reserve the right to investigate and take the appropriate legal action in response to any suspicious or improper potential, planned, or anticipated use of the website. You also agree to enter into injunctive or other relief as deemed necessary by the laws governing such violation of the Terms.
8. Website Operations and Maintenance: The Website is delivered through a wireless Internet or mobile connection. There may be delays and/or interruptions in the provision and transmission of the Website for which we take no responsibility.
9. Copyrights and Trademarks: The Website contains terms, images, logos, graphics, scripts, and software which are registered and protected under U.S. and international copyright and trademark laws. You should assume that everything you see or read on this Website is protected by copyright unless otherwise stated and may only be used according to these Terms. Use of the Website to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right is strictly prohibited.
10. WAIVER OF CLASS ACTION RIGHTS AND/OR CLAIMS. You agree that to the extent you have or believe that you have any claims against us relating to your use or our provision of the Website, you will bring those claims in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Unless both you and QC agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative class proceeding.
12. DISCLAIMER: THIS WEBSITE AND ALL SOFTWARE AND SYSTEMS USED OR PROVIDED AS PART OF THIS WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE HEREBY SPECIFICALLY DISCLAIM ANY AND ALL REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE CONTENT, FUNCTIONALITY, OR MATERIALS PROVIDED BY US HEREUNDER, INCLUDING, WITHOUT LIMITATION OF THE FOREGOING, ANY WARRANTY REGARDING OWNERSHIP, NON-INFRINGEMENT, ACCURACY, TIMELINESS, COMPLETENESS, AND AVAILABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
13. Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, WE DISCLAIM LIABILITY, AND YOU AGREE THAT WE ARE NOT LIABLE, FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING OUT OF YOUR USE OF THE WEBSITE OR ANY APP OR WEBSITE WITH WHICH IT IS LINKED, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF US, OUR LICENSORS, EMPLOYEES OR AGENTS TO YOU, OR ANY OTHER PARTY EXCEED, IN THE AGGREGATE THE GREATER OF ONE HUNDRED DOLLARS ($100). YOUR CLAIM FOR SUCH DAMAGES IS OUR SOLE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN THE EVENT OF THE BREACH BY US OF THIS AGREEMENT. THE FORGOING SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY YOU MIGHT HAVE.
14. Statute of Limitations: You agree to bring any and all claims or actions relating to the use of the Website within one (1) year after such alleged cause of action arose. If there is an outstanding claim from more than one (1) year of such action, then you agree that the statute of limitations would be exceeded, and the claim will be barred.
15. Governing Law: The Website, any information provided from it and these Terms are given and made in the State of California. This agreement is subject to the laws of the United States and California law, without regard to its choice of law provisions, and suit, if any, must be brought exclusively within the courts of the State of California, Alameda County. You agree to submit to the jurisdiction of the courts located in the State of California. You waive the right to trial by jury in any action that may be brought hereunder.
16. E-Sign Act: You and we agree, pursuant to the E-Sign Act (the Electronic Signatures in Global and National Commerce Act, as it may be amended from time to time) and any other applicable law, to conduct transactions and communications electronically and to treat electronic tokens of assent from you and from us, as binding expressions of assent by you and by us to contracts.
17. Additional Terms: These Terms and our Privacy Policies contain the entire understanding between us with respect to any use of the Website. If any of the provisions of the Terms are prohibited by or held invalid under applicable laws or regulations, then that provision shall be considered inapplicable and omitted but shall not invalidate the remaining provisions.
18. Revisions: We may revise these Terms from time to time. Any such revisions shall be effective when posted and made available for your review online. Your continued use of the Website following such changes is your expression of assent to the modified terms.
Information We Collect
The information we collect varies depending on the type of activity you are performing on our Site. Much of the Site can be accessed without providing any personal information. In all instances where we collect personal information through the Site, we specifically indicate what information is required in order to provide you with the product or service you have requested. We may gather the information which you directly provide including but not limited to: (i) name; (ii) email address; (iii) home or business address; (iv) username and password associated with your account; (v) phone number and other contact details; (vi) demographic information; (vii) credit or debit card information; (viii) product/services selections; and (ix) other details about you that you voluntarily provide (“Personal Information”).
Other Information We Collect
At times we may also collect information which cannot be used to personally identify a user such as your server or connection’s unique identifier, the device, browser and version you are using, IP address, the web pages you visited prior to arriving on Site and once you leave, action on the Site, and searches (“Other Information”). We may also collect information through cookies or other similar tracking technology to provide you with a personalized buying experience, facilitate our marketing efforts, or analyze how we can best provide you targeted information or promotions.
We may use technologies such as cookies or other similar mechanisms. A cookie is a piece of data sent from a website that is stored by a user’s computer. The cookies allow us to among other things, remember your computer’s preferences, measure effectiveness of communications, web features and settings, generate usage reports and gather statistical data. Please be aware that many web browsers provide the capability to configure your cookie settings, however disabling cookies may limit the functionality of our Site. At times we may permit third-party companies to place advertisements on our Site. Such companies shall have the ability to place their own cookies, however they would not have access to the information we collect through QC cookies. Such other cookies would be subject to that company’s privacy policies.
How We Use Information
We use your information to provide you with the products and services requested, provide you with the best customer experience, create more personalized interactions with you, including providing you information about products and services that may interest you, and improve our products, services and Site. Examples of how we may use your information are below.
· Deliver our products and services as requested
· Communicate with you about our products or services
· Provide you with information about goods or services that may interest you
· Present more relevant display advertisements, and share promotional events
· Manage our product offerings, and assess the effectiveness of our marketing efforts
· Analyze and improve the functionality of our Site
· Improve our products, services, and business
· Prevent, detect, or investigate security concerns, including fraud
· Comply with applicable laws, regulations, or industry requirements
· Fulfill any other purpose for which you provide it or consent
How We Share Information
We may share your information to deliver our products or services or to enhance your customer experience. More specifically, we share your information with third parties in the following circumstances:
· If you give us consent or permission to share the information.
· To those third parties who perform functions on our behalf, including support service providers, such as Site hosting, email and postal delivery, product and service delivery, analytics services, or other functions.
· In accordance with a business transaction. If we engage in a merger, acquisition, bankruptcy, dissolution, reorganization, other business transaction, we may share information subject to confidentiality arrangements.
· To prevent, detect, or investigate security concerns, including fraud.
· To protect and defend QC’s operations, rights, privacy, safety or property, or that of its subsidiaries, affiliates, officers, employees, contractors, agents and/or partners.
· To comply with applicable laws, regulations, or industry requirements.
· With law enforcement if required by law or in order to prevent fraud or other potential wrongdoing.
· We do not share your personal information with third parties for their direct marketing purposes.
Access and Control of Your Information
We enable you to have control over the accuracy of your personal information. You can review and change the personal information you provide to us when setting up an account or processing a transaction by logging into the Site and visiting your account profile page.
You may also send us an email at email@example.com to request access to, correct, or delete any other personal information that you have provided to us. In some cases, we cannot delete your personal information except by also deleting your user account. We may not accommodate a request to delete or change information if we believe the change would violate any law or legal requirement, cause the information to be incorrect, or for any other legally allowable reason.
Your California Privacy Rights / Do Not Track
California residents visiting our Site may request that we not automatically gather and track information pertaining to their online browsing movements across the Internet. Such requests are typically made through web browser settings that control signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of personally identifiable information about an individual consumer’s online activities over time and across third-party websites or online services. We do not currently utilize the capability to respond to web browsers, and do not track signals or other mechanisms that provide you with the ability to exercise choice regarding the collection of this information.
California Law also permits California residents to opt-out of our disclosure of personal information to third parties for their direct marketing purposes or to learn the categories of recipients and information disclosed. We do not, however, disclose your personal information to third parties in order for them to market their products and services to you.
We have implemented administrative, technical, and physical security measures to protect against the loss, misuse and/or alteration of your information. We utilize industry standard storage and protection procedures in order to safeguard Personal Information on servers which are not accessible to the public. No data storage or transmission plan is without risk. We cannot guarantee the security of your personal information transmitted to our Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Site, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
We may use a tool called “Google Analytics” to collect information about use of this site across devices. We may implement the Remarketing and Ads features of Google Analytics. The Remarketing feature would allow us to serve you relevant advertising on third party websites if you have visited our Site, however accessed, but does not personally or directly identify you. AdWords allows us to manage our advertising and collect information about your visit to our Site. Visitors can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads using the Ad Settings. You can opt-out of Google Analytics without affecting how you visit the Site. For more information on opting-out of being tracked by Google Analytics, visit Google Analytics Opt-out.
Leaving Our Site And/Or Linking to Third Parties
Because our Site is secure, your browser URL will inform you if you are leaving a secured portion of the Site. We strive to ensure that any information you send us is safe. When you leave this Site and go to another linked site, we are not responsible for the content or availability of the linked site. Please be advised that we do not represent either the third-party or you, if you enter into a transaction on the third-party site. Further, the privacy and security policies of the linked site may differ from those practiced by us. We are not responsible for the practices of any partners or resellers including those who have a link on our Site.
FOR USERS IN THE EUROPEAN ECONOMIC AREA
If you are located in the European Economic Area (EEA), we provide you the following information and notification of rights in accordance with the European Union’s General Data Protection Regulation (“GDPR”).
Legal Basis for Processing Personal Data
· We need to perform a contract or transaction with you
· You have given us permission to do so
· The processing is in our legitimate interests and is not overridden by your rights
· To comply with the law
Your Data Protection Rights
If you are a resident of the European Economic Area, you have certain data protection rights. QC aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data. If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us. In certain circumstances, you have the following data protection rights:
· Request access to your Personal Data. You may request access to any Personal Data we hold about you as well as related information, including the purposes for processing the Personal Data, the period for which the Personal Data will be stored, and the source of the Personal Data.
· Request correction of your Personal Data. You may have the right to obtain without undue delay the rectification of any inaccurate or incomplete Personal Data we hold about you.
· Request erasure of your Personal Data. You may have the right to request that Personal Data held about you is deleted. If you ever wish to correct or remove any personal information from our records, you may do so by contacting us at the email address below.
· Object to processing of your Personal Data. You may have the right to object to our processing of your Personal Data where we are processing your personal data based on our legitimate interests and we cannot demonstrate compelling grounds to continue such processing or for our direct marketing.
· Request restriction of processing your Personal Data Request. You have the right to request that we restrict the processing of your personal information:
o During the pending period of time where we verify the accuracy of any personal data that you claim is inaccurate
o Where the processing of your personal data is unlawful, but you oppose erasure and instead request that we restrict the use of your personal data
o If we no longer need your personal data but it is required for you to make or defend legal claims
o During the pending period of time where we verify our legitimate interest to process your data when you object to such processing
· Right to Data Portability. Where we process your personal data by automated means that you have provided to us based on consent or through contract, you have the right to be provided with a copy of the information we have on you in a structured, machine readable and commonly used format.
· Withdraw your consent. You have the right to withdraw your consent at any time where QC relied on your consent to process your personal information.
You also have the right to make a complaint to an EU Data Protection Authority if you believe that QC has not complied with its obligations under this Notice or European law.
Retention of Data
If you have any questions about this policy, please contact us at: firstname.lastname@example.org