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IQmates Terms of Use

Introduction: Your Agreement to the Terms of Service.

Welcome, and thank you for your interest in IQmates which operates the web site located at http://www.IQmates.com and related online services (the “Website”). The following Terms of Service is a legal contract between you, an individual subscriber, customer, member, or user (“You”), and IQmates regarding your use of the Website. Visitors and users of the Website are referred to individually as “Mate” and collectively as “Mates”. PLEASE READ CAREFULLY THE FOLLOWING TERMS OF SERVICE. BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE Website, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS and conditions, INCLUDING any ADDITIONAL GUIDELINES (AS DEFINED BELOW) AND FUTURE MODIFICATIONS (COLLECTIVELY, THE “TERMS”).

Eligibility and Accounts

The Website IS not available to any Mates previously suspended or removed from the Website by IQMATES. By clicking the “I Agree” button or by otherwise using or registering an account for the Website, You represent that You have not been previously suspended or removed from the Website by IQmates.

In order to use features of the Website, you must register for an account. You may be asked to provide a password in connection with your account. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and You agree to accept responsibility for all activities that occur under your account or password. You agree that the information You provide to IQmates, whether on registration or at any other time, will be true, accurate, current, and complete. You also agree that You will ensure that this information is kept accurate and up-to-date at all times. If You have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then You agree to immediately notify IQmates. You may be liable for the losses incurred by IQmates or others due to any unauthorized use of your Website account.

Privacy Notice

Your privacy is important to IQmates. IQmate’s Privacy Policy is hereby incorporated into the Terms by reference. Please read this Privacy Policy carefully for information relating to IQmates’s collection, use, and disclosure of your personal information. If you are a Mate that requests help from an IQ-tutor, you hereby acknowledge that IQmates may disclose your information to the IQ-tutors of your choosing.

Modification of the Terms

IQmates reserves the right, at our discretion, to change, modify, add, or remove portions of the Terms at any time. Please check the Terms and any Guidelines periodically for changes. Your continued use of the Website after the posting of changes constitutes your binding acceptance of such changes. For any material changes to the Terms, IQmates will make reasonable effort to provide notice to you of such amended Terms, such as by an email notification to the address associated with your account or by posting a notice on the Website, and such amended terms will be effective against You on the earlier of (i) your actual notice of such changes and (ii) thirty days after IQmates makes reasonable attempt to provide you such notice.

Mate’s Content Generally

IQmates may now or in the future permit the posting by You and other Mates of notes, questions, comments, ratings, reviews, images and videos or other communications (collectively, “IQ Contributions”), the posting, creation, or modification by You and other Mates of computer code (including source code and object code) ("Mate’s Code"), and the hosting, sharing, and/or publishing of such IQ Contributions or Mate’s Code (IQ Contributions and Mate’s Code, collectively, "IQ Content"). You understand that whether or not such IQ Content is published, IQmates does not guarantee any confidentiality with respect to any submissions.

License Grant to IQmates

By submitting or distributing IQ Content through the Website, You hereby grant to IQmates a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, modify, distribute and re-distribute, adapt, prepare derivative works of, use, make, have made, sell, offer for sale, import, and otherwise exploit your IQ Content, under all intellectual property rights therein, in whole or in part, in any media formats and through any media channels (now known or hereafter developed).

License Grant to Mates

By submitting or distributing IQ Contributions through the Website, You hereby grant to each Mate of the Website a non-exclusive license to access and use your IQ Contributions. By submitting or distributing Mate’s Code through the Website, You hereby grant to each Mate of the Website a non-exclusive license to access and use your Mate’s Code. The foregoing license granted by You terminates as to specific IQ Content once You remove or delete such IQ Content from the Website.

Mate’s Content Representations and Warranties

You are solely responsible for your Mate’s Content and the consequences of posting or publishing them. By uploading, submitting, creating, or publishing your Mate’s Content to or through the Website, You affirm, represent, and warrant that:

(1) You are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorize IQmates and IQmates’ Mates to use and distribute your Mate’s Content as necessary to exercise the licenses granted by You in this Section and in the manner contemplated by IQmates and these Terms of Service;

(2) your Mate’s Content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person;

(3) your Mate’s Content does not contain any viruses, adware, spyware, worms, or other malicious code. Violators of these third-party rights may be subject to criminal and civil liability. IQmates reserves all rights and remedies against any Mate who violates these Terms of Service.

Access to Your Mate’s Content

IQmates permits Mates to share their Mates’ Content all Mates that are members of the Website. You acknowledge and agree that although IQmates may provide certain features intended to allow you to restrict some Mate’s Content you create from others, IQmates does not guarantee that such Mate’s Content will never be accessible by others. In the event of unauthorized access, IQmates will use reasonable efforts to notify you. IQMATES HEREBY DISCLAIMS ANY AND ALL LIABILITY WITH RESPECT TO ANY UNAUTHORIZED ACCESS TO ANY RESTRICTED MATE’S CONTENT.

Mate’s Content Disclaimer

You understand that when using the Website You will be exposed to Mate’s Content from a variety of sources, and that IQmates is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such Mate’s Content. You further understand and acknowledge that You may be exposed to Mate’s Content that are inaccurate, offensive, indecent or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against IQmates with respect thereto. IQmates does not endorse any Mate’s Content or any opinion, recommendation or advice expressed therein, and IQmates expressly disclaims any and all liability in connection with Mate’s Content. If you are a content owner or Mate with concerns regarding your trademarks, copyrights, or other intellectual property rights, please contact IQmates at: admin@iqmates.com. If notified by a Mate or a content owner of Mate’s Content that allegedly does not conform to the Terms, including without limitation allegations of infringement of third-party intellectual property or proprietary rights, IQmates may investigate the allegation and determine in its sole discretion whether to remove the Mate’s Content, which it reserves the right to do at any time and without notice or liability to You. For clarity, IQmates does not permit copyright, trademark, or other intellectual property infringing activities on the Website. IQmates respects the intellectual property of others and takes the protection of copyrights, trademarks, and all other intellectual property very seriously, and asks that Mates do the same.

Digital Millennium Copyright Act

It is IQmates’ policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. For more information, please go to IQmates’ DMCA Notification Guidelines. IQmates will promptly terminate without notice your access to the Website if You are determined by IQmates to be a “repeat infringer.” A repeat infringer is a Mate who has been notified by IQmates of infringing activity violations more than twice and/or who has had Mate’s Content or any other Mate-submitted content removed from the Website more than twice.

Prohibited Conduct

BY USING THE WEBSITE YOU AGREE NOT TO:

(a) use the Website or any related services for any commercial use or purpose unless expressly permitted by IQmates in writing, it being understood that the Website and related services are intended for personal, non-commercial use only;

(b) use the Website for any purposes other than to disseminate or receive original or appropriately licensed content and/or to access the Website as such services are offered by IQmates;

(c) rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials;

(d) post, upload, or distribute any defamatory, libelous, or inaccurate Mate’s Content or other content;

(e) post, upload, or distribute any Mate’s Content or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;

(f) impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Website accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Website, or perform any other similar fraudulent activity;

(g) delete the copyright or other proprietary rights notices on the Website, Licensed Educational Content, Licensed Educational Code, or Mate’s Content;

(h) assert, or authorize, assist, or encourage any third party to assert, against IQmates or any of its affiliates or licensors, any patent infringement or other intellectual property infringement claim regarding any Licensed Educational Content, Licensed Educational Code, or Mate’s Content You have used, submitted, or otherwise made available on or through the Website;

(i) make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Mates of the Website. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;

(j) use the Website for any illegal purpose, or in violation of any local, province, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;

(k) defame, harass, abuse, threaten or defraud Mates of the Website, or collect, or attempt to collect, personal information about Mates or third parties without their consent;

(l) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Website, Licensed Educational Content, Licensed Educational Code, or Mate’s Content, features that prevent or restrict use or copying of any content accessible through the Website, or features that enforce limitations on the use of the Website, Licensed Educational Content, Licensed Educational Code, or Mate’s Content;

(m) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Website or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;

(n) modify, adapt, translate or create derivative works based upon the Website or any part thereof, except and only to the extent expressly permitted by IQmates herein or to the extent the foregoing restriction is expressly prohibited by applicable law; or

(o) intentionally interfere with or damage operation of the Website or any Mate’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.

Ownership and Proprietary Rights.

The Website is owned and operated by IQmates. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Website provided by IQmates (the “Materials”) are protected by copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any Mate’s Content that are provided and owned by Mates, all Materials contained on the Website are the property of IQmates or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to IQmates or its affiliates and/or third-party licensors. Except as expressly authorized by IQmates, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. IQmates reserves all rights to the Materials not expressly granted in the Terms.

Termination

Termination by IQmates

You agree that IQmates, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) You may have with IQmates or your use of the Website and remove and discard all or any part of your account, Mate profile, and any Mate Content, at any time. IQmates may also in its sole discretion and at any time discontinue providing access to the Website, or any part thereof, with or without notice. You agree that any termination of your access to the Website or any account You may have, or portion thereof, may be affected without prior notice, and You agree that IQmates will not be liable to You or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies IQmates may have at law or in equity. As discussed herein, IQmates does not permit copyright, trademarks, or other intellectual property infringing activities on the Website, and will terminate access to the Website, and remove all Mates Content or other content submitted, by any Mates who are found to be repeat infringers.

Termination by You

Your only remedy with respect to any dissatisfaction with (i) the Website, (ii) any term of these Terms of Service, (iii) Guidelines, (iv) any policy or practice of IQmates in operating the Website, or (v) any content or information transmitted through the Website, is to terminate the Terms and your account. You may terminate the Terms at any time by deleting your login account with the Website and discontinuing use of any and all parts of the Website.

Indemnification

You agree to indemnify, defend, and hold harmless IQmates, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners (“IQmates Indemnitees”) from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of any use or misuse of the Website, any violation of the Terms, or any breach of the representations, warranties, and covenants made herein, by You. IQmates reserves the right, at your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify IQmates, and You agree to cooperate with IQmates’ defense of these claims. IQmates will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.

Disclaimers; No Warranties

No Warranties

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, IQmates, and its affiliates, partners, LICENSORS and SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ALL WITH REGARDS TO THE WEBSITE. No advice or information, whether oral or written, obtained by You from IQmates or through the Website will create any warranty not expressly stated herein. You expressly acknowledge that the term IQmates includes IQmates’ officers, directors, employees, shareholders, agents, licensors and subcontractors.

“As is” and “As available” and “With All Faults”

You expressly agree that use of the Website is at your sole risk. THE Website AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, Mate’s Content, reference sites, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE Website ARE PROVIDED on an “AS IS,” “AS AVAILABLE” AND “with all faults” basis and WITHOUT WARRANTIES or representations OF ANY KIND EITHER EXPRESS OR IMPLIED.

Content

IQmates, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, Mate’s Content, FUNCTIONS, or any other information OFFERED ON or through THE WEBSITE or any reference sites WILL BE UNINTERRUPTED, or free of errors, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

Accuracy

IQMATES, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE or any reference sites IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

Harm to Your Computer

YOU UNDERSTAND AND AGREE THAT YOU use, access, DOWNLOAD, OR OTHERWISE OBTAIN information, materials, OR DATA THROUGH THE WEBSITE (INCLUDING RSS FEEDS) or any reference sites AT YOUR own DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR property (including your computer system) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD or use OF SUCH MATERIAL OR DATA.

Limitation of Liability and Damages

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL IQMATES OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (including without limitation damages arising from any unsuccessful court action or legal dispute, lost business, lost revenues, or loss of anticipated profits OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THE TERMS OR THAT RESULT FROM YOUR USE OF OR YOUR INABILITY TO USE THE WEBSITE or any reference sites, OR ANY OTHER INTERACTIONS WITH IQMATES, EVEN IF IQMATES OR AN IQMATES AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, IQMATES’ LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Limitation of Damages

IN NO EVENT WILL IQMATES’ OR ITS AFFILIATES’, CONTRACTORS’, EMPLOYEES’, AGENTS’, OR THIRD-PARTY PARTNERS’, LICENSORS’, OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE TERMS OR YOUR USE OF THE WEBSITE OR your interaction with OTHER WEBSITE MATES (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE date of the claim OR ONE THOUSAND RANDS, WHICHEVER IS GREATER.

Reference Sites

THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED on any reference sites or otherwise BY THIRD PARTIES OTHER THAN IQMATES AND RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY reference sites.

Basis of the Bargain

YOU ACKNOWLEDGE AND AGREE THAT IQMATES HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND IQMATES, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND IQMATES. IQmates would not be able to provide the Website to You on an economically reasonable basis without these limitations.

Miscellaneous

Notice

IQmates may provide You with notices, including those regarding changes to the Terms, by email, regular mail or postings on the Website. Notice will be deemed given twenty-four hours after email is sent, unless IQmates is notified that the email address is invalid. Alternatively, we may give You legal notice by mail to a postal address, if provided by You through the Website. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the Website is deemed given 30 days following the initial posting.

Waiver

The failure of IQmates to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. Any waiver of any provision of the Terms will be effective only if in writing and signed by IQmates.

Dispute Resolution and Arbitration

Governing Law

The Terms will be governed by and construed in accordance with the laws of the Republic of South Africa, without giving effect to any principles of conflicts of law.

Severability

If any provision of the Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

Assignment

The Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by IQmates without restriction. Any assignment attempted to be made in violation of the Terms shall be null and void.

Headings

The heading references herein are for convenience purposes only, do not constitute a part of the Terms, and will not be deemed to limit or affect any of the provisions hereof.

Entire Agreement

The Terms, the Privacy Policy and Guidelines constitute the entire agreement between You and IQmates relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to the Terms, Privacy Policy or Guidelines made by IQmates as set forth above.

Claims

YOU AND IQMATES AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Disclosures

The Website is hosted in the Republic of South Africa, and the services provided hereunder are offered by IQmates: admin@iqmates.com

 

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