Terms & Conditions
LICENCE TERMS AND CONDITIONS – APPLICABLE WORLDWIDE EXCEPT WHERE WE PUBLISH SPECIFIC TERRITORIAL TERMS AND CONDITION
These terms and conditions (“Terms“) govern your access to and set out important information regarding the rights, obligations and restrictions that may apply to you as a “User” when you access our “Website” athttp://www.iqnect.org and/or access, use or download the iQNECT “Application” available on “Devices” such as cell phones, tablets, and personal computers, and any “Services” offered in conjunction with the Application or Website.
The Services may contain links to third-party websites or resources including information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services and media identification and exploration and, in some cases, access to related “Third Party Applications and Sites” that can be used in conjunction with the Services (collectively referred to as “Content“). You acknowledge and agree that iQNECT is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by iQNECT of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
The Services, where not specifically provided otherwise, are supplied by iQNECT Pte. Ltd (“we,” “iQNECT”, “us,” and “our” as appropriate). iQNECT is a limited company incorporated in Singapore. Our registered office is at: 35 Ann Siang Hill, Singapore 069714 (registered number: 201404408H). You can also contact us by phone: (+65) 6222 8743 and email: customersupport@iQNECT.org.
Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms.By accessing or using the Services you agree to be bound by these Terms.
The Services are Available “AS-IS”
Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, iQNECT DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
iQNECT makes no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from iQNECT or through the Services, will create any warranty not expressly made herein.
1. In the event that you are or become a paying customer of any part of the Application and/ or Services or any other product part of the iQNECT offering, we will provide to you relevant information regarding price, delivery procedure and cancellation options on a case by case basis, before completing the payment for your purchase. Any purchase will be effective upon the processing of your payment.
2. Once you start using iQNECT, you hereby agree to waive any right to a limited period in which you could revoke your purchase or claim a refund upon cancellation of your purchase (also known as a cooling off period) (if any) available to you under any applicable e-commerce regulations or consumer protection laws. In the event a waiver of these rights is prohibited under the law, this cooling off period shall be limited to 7 days or (if shorter) the minimum period permitted by law.
3. Each time you attempt to interact with iQNECT, such as when you tag a music track for example, you will send data for which your Network will charge at your usual data rates.
4. Unless otherwise specifically provided by us, our licence to you under these Terms is personal to you and allows you to access and use the Application and the Services only on the Device on which the software was first installed. The licence is not transferrable to another person or another Device without our agreement, which will only be given in exceptional circumstances, or if otherwise expressly provided in these Terms.
YOUR USE OF iQNECT IS AT YOUR SOLE RISK. You agree to use the Services fairly.
We may change, suspend or discontinue any aspect of iQNECT at any time, including the availability of any feature, database and/ or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without liability. Where these changes or suspensions would amount to a complete termination of the Services you may be entitled to a refund of the reasonable part of any charges paid by you.
Continued use of the Application and / or Services may require a download of new releases of software with different functionality and that may have different licence terms.
We respect the intellectual property of others, and we ask our Users to do the same. If you believe that your work has been copied or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our copyright agent with the following information (“Notice”): (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. Any Notice of claims of copyright or other intellectual property infringement must be sent to us at:
iQNECT Pte. Limited
35 Ann Siang Hill
Singapore 069714 (registered number: 201404408H ).
You can also contact us by phone: (+65) 6222 8743 and email: customerservice@iQNECT.com
USER GENERATED CONTENT
Please choose carefully the words, information, content, messages, text, files, images, photos, sounds, profiles, works of authorship or any other materials you post, upload, link to, publish or display on our Website and/ or through the use of Services and any such content that you provide or make available to other Users through the Website (collectively, “User Content”). You are responsible for all User Content, as set forth below.
You retain ownership of User Content. By sharing User Content via iQNECT (and any Third Party Application and/ or Sites), you grant to us during the entire period of protection of your intellectual property rights associated with such content and material, a world-wide, royalty free, non-exclusive licence to use, copy, modify, publicly perform, publicly display, translate, reproduce, transmit or distribute, or an equivalent right to use, the User Content via iQNECT (and any other Third Party Applications and/ or Sites). We require such a licence in order to provide certain functionality within iQNECT (and any Third Party Applications and/ or Sites).
By sharing User Content within iQNECT (and any Third Party Application and/ or Sites) you warrant that you own all rights in and to the User Content shared by you and that you are not breaching any other party’s rights to privacy, publicity rights, copyrights or contractual rights.
Information or User Content provided by other Users may contain inaccurate, inappropriate or offensive material, products or services, and we assume no responsibility or liability for this material. User Content must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, violate any confidentiality agreement or other contract or be otherwise injurious to third parties or objectionable and must not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Content. We have the right but not the obligation to refuse to post, remove or edit any posting or submission User Content. We do not actively monitor User Content and take no responsibility and assume no liability for any User Content.
By submitting the User Content to us, you grant us and our affiliates the right to use the username that you submit in connection with such User Content. You grant to us a revocable, non-exclusive, worldwide right and licence, or another equivalent right to use, all the trademarks, service marks, trade dress, artwork, names, likenesses and biographical material associated with the User Content, your username, or your account in connection with your use of and our operation of iQNECT. You are solely responsible for any necessary payments that may become due to any third parties as the result of your posting of or linking to the User Content and our use thereof on the Website.
The following is a partial list of the kind of User Content that is illegal or prohibited on iQNECT. We reserve the right to investigate and take appropriate legal action in our sole discretion against anyone who violates this provision, including without limitation, removing the offending User Content from the Website or Services and terminating the access to iQNECT of such violators. Prohibited User Content includes content that: (i) is obscene, offensive, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) harasses or advocates harassment of another person; (iii) involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”; (iv) consists of information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (v) consists of an illegal or unauthorized copy of a copyrighted work, such as sound recordings, musical compositions and videos in which you do not personally own the copyright or otherwise do not have the necessary authority from the copyright owner(s); (vi) computer programs or links to them or providing information to circumvent manufacturer-installed copy-protect devices, or infringing materials; (vii) contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page); (viii) provides material that exploits people under the age of 18 or solicits personal information from anyone under 18; (ix) provides instructional information about illegal activities; (x) solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; (xi) involves commercial activities and/ or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (xii) violates anyone’s right of privacy; or (xiii) uses any unfair, misleading or deceptive content intended to draw traffic to the profile.
AVAILABILITY OF SERVICES
We will do our best to offer you a smooth service, but we give no guarantees that iQNECT will be fault free or that the Services will be uninterrupted. If a fault does occur, please report it to Customer Services and we will attempt to correct the fault as soon as we reasonably can.
We will occasionally restrict your access to the Website or to the Services to carry out repairs, maintenance or to introduce new functionality or services and we will endeavour to keep disruption to a minimum.
New Services are subject to a period of testing. This means that a new Service may not perform with complete functionality, may be undergoing testing, may be inconsistently available, may have software “bugs” being fixed by us and may have other issues affecting availability and functionality.
LEGAL PROTECTION AND LIMITATIONS
You acknowledge that iQNECT (and any other applications) licensed by us to you are our property. You are granted a limited, revocable, non-exclusive, non-transferable (without the right to sublicense) licence to use iQNECT or any Third Party Application for the purpose of accessing and using the Services. Except as expressly authorized by us, you may not copy, modify, translate, reproduce, distribute, publish, broadcast, perform, display, sell, assign, lease or sub-license that content, in whole or in part. You agree not to disassemble, de-compile, reverse engineer, or otherwise attempt to gain access to the source code of the Application or Services or any Third Party Application. You will not copy any part of iQNECT or any Third Party Applications and/or Sites or make commercial use of, rent, lease, loan, sell, publish, license, sublicense, distribute, assign or otherwise transfer any part of iQNECT to any person.
You agree to not use iQNECT to: (i) interfere with, manipulate, or take any actions that may undermine the integrity of any rating system used on the Services; (ii) interfere with or disrupt iQNECT or servers or networks, or disobey any requirements, procedures, policies or regulations of networks connected to these; (iii) collect or store personal data about other Users of iQNECT; or (iv) harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any other User without their prior explicit consent.
You will not alter, destroy, obscure, or otherwise remove any copyright or proprietary notices or labels on or embedded within any part of iQNECT and/or any Third Party Applications.
You agree to not use iQNECT or export any portion of it in violation of U.S. export regulations.
You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country and you are not listed on any U.S. list of prohibited or restricted parties.
Under no circumstances will we or our respective parents, subsidiaries, and affiliates, suppliers and their respective owners, officers, manager, members, agents and employees, be liable to you for loss of profits, business interruptions, loss of business information, loss of business, opportunity or other pecuniary loss, loss of data or any direct, indirect, incidental, consequential, special, exemplary, or punitive damages or losses, whether based in contract, tort or otherwise, arising out of or in connection with use of, or inability to use iQNECT (and any other applications) which we license to you, any content delivered to you or iQNECT, whether or not we have been advised of the possibility of such damages or loss. In any event, our liability to you shall be limited to typical and foreseeable damage and shall not exceed the fees for a 3 month period. Some jurisdictions (countries, provinces, states) absolutely prohibit some limitations on liability, disclaimer of warranties or exclusion of direct or consequential damages. In such cases only the above disclaimers, limitations or exclusions may not apply to you to their full extent.
You hereby indemnify and hold harmless, and upon our request, defend, us, our affiliates (and their respective directors, officers and employees) from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys’ fees and costs) arising out of any claim, action, or proceeding brought by a third party based on a breach of any warranty, representation, covenant or obligation by you under these Terms. You will reimburse us and our affiliates on demand for any actual payments made in resolution of any liability or claim that is subject to indemnification under this Section, provided that we attempt to obtain your written consent prior to making such payments, such consent not to be unreasonably withheld, delayed or conditioned. We shall promptly notify you of any such claim, and you shall assume control of the defence of such claim upon our request. We shall have the right, at your expense, to participate in the defence thereof under your direction.
Nothing in these Terms shall be construed so as to exclude or limit our liability or that of any third party for death or personal injury as a result of negligence. Nothing in these Terms affects any mandatory statutory rights that you may have as a consumer, except to the extent permitted by law.
We may assign our rights and obligation under these Terms without your prior consent to any new provider of the iQNECT. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then the provision will be deleted. Any such deletion will not affect the validity and enforceability of any of the other provisions of these Terms.
We may at any time terminate your account or prevent you from gaining access to iQNECT. We will not be liable to you or to any third party for any failure, suspension and/or termination of access to iQNECT in any way.
“iQNECT” is a registered trademark of iQNECT Entertainment Limited.
If you have any queries regarding us, the Website, Application and/ or Services, please contact us by email at support@iQNECTteam.com or via the Help pages at www.iQNECT.com. Alternatively, you can contact us by post at Customer Service, iQNECT Entertainment Limited, 35 Ann Siang Hill, Singapore 069714.
We may amend these Terms at any time by posting the amended terms on our Website and/ or by amending the Terms as they are accessed from the Application on your Device. It is your responsibility to review these Terms from time to time to check if they have been amended. The effective date of each new version the Terms will be included at the top of the Terms page. If you continue to use the Application and/ or Services or you download any content or upgrade any of the Services after we have posted any amended terms that will demonstrate that you accept our updated Terms. Should you not accept these amendments, you may terminate the Services.
Unsolicited Ideas and Feedback
We welcome your feedback on what we are currently doing (both positive and negative). If you want to send us your feedback, we ask that you use our contact form. Any feedback you provide to us can be used by us on an unrestricted basis and treated by us as non-confidential.
Please do not tell us anything that contains new or original ideas, in respect of which you might want, now or in future, to claim any form of proprietary rights. If, despite our request that you not send us your ideas, you still send them to us, then regardless of what you say to us, you agree that: (i) your submissions and their contents will automatically become our property, without any compensation to you, you will not assert against us any rights or ownership and you will not claim any reward (financial or otherwise) in respect of any such submissions; (ii) we may use or redistribute the submissions and their contents for any purpose and in any way; (iii) there is no obligation for us to review any material that you submit to us; and (iv) there is no obligation to keep any such material confidential.
These Terms and the relationship between you and us shall be governed by the laws of Singapore without regard to its conflict of law provisions. In the event of a dispute, we want to address your concerns without needing a formal legal case. Before filing a claim against us, you agree to try to resolve the dispute informally by contactingcustomerservlce@iQNECT.org We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or iQNECT may bring a formal proceeding.
We are iQNECT Pte Limited, a company registered in Singapore under number 3998831 and we want to bring you the consumer engagement service available. To do this, we (and some of our advertising partners) ask for data about you and also create data about your use of iQNECT. This policy tells you what we do with that data. If you want to jump to a particular section of the policy – click on one of the links below:
1. What data do we collect and how?
2. How do we use your personal data?
3. Sharing data with third parties – key facts and how to opt-out
4. Links to other websites
6. Sorry kids, over 13s only
7. How to access and correct your data (and a special note to California residents)
9. Overseas data transfer
10. Select third party partners
1. What data do we collect and how?
We will sometimes ask you for personal data (such as your name, telephone number and date of birth) when you create a iQNECT registration or when you click to participate in certain activities (e.g. to take advantage of offers). We also automatically receive and track certain data about your mobile device (such as your device-type, software and language preference) or desktop interface, your taps and interests; and we may create a unique device or user ID for you so we can recognize you. In some cases we can automatically detect your location data, but often your operating system will require you to grant us permission to access your GPS; please refer to your device’s system settings regarding location services.
2. How do we use your personal data?
We may use your personal data for the following purposes:
(i) to provide you with services and the display of customized content, integration to our partner apps and targeted advertising both on our apps/websites and on other apps/websites that we advertise through,
(ii) to communicate with the iQNECT products and services and customer service issues,
(iii) to determine when you link from our app to one of our partner apps, so that we can monitor the level of traffic that we generate for our partner apps,
(iv) to ensure the technical functioning of our products and services,
(v) to protect iQNECT’s copyright,
(vi) to enforce our Terms and Conditions of Use,
(vii) to comply with laws, requests from a government bodies or courts, or to respond to litigation, and
(viii) to enable us to use a third party to perform surveys measuring your experiences and use of our services.
We may also encrypt and/or aggregate your data with other users’ data in order to create statistics about the general use of the iQNECT apps and websites, which helps us to develop new products and services. We may also share this aggregated data with our business partners and third party advertisers.
3. Sharing data with third parties – key facts and how to opt-out
If you connect your iQNECT account to Facebook or Google+ your name and your profile picture may be shared with other iQNECT users. Further, your Facebook friends may be able to use the iQNECT apps to search for or view your iQNECT profile and the data contained therein, such as your tags and other activity including date/time. Go to the “preferences” screen to see your options to adjust the access levels to the data in your iQNECT profile but, again, if you don’t want a social network to get any access to your data, do not connect to that network via iQNECT.
In the event that ownership of iQNECT changes as a result of a merger, acquisition, or transfer to another company, your personal data may be transferred. If such a transfer results in a material change in the use of your personal data, then iQNECT will provide you with appropriate notice.
4. Links to other websites
Cookie Type Purpose
Essential Operational These cookies are necessary to allow us to operate the iQNECT websites and apps as you have requested. These cookies, for example, let us recognize what type of subscriber you are and then provide you with the services to which you are entitled.
Performance These cookies are used by us or our business partners to analyse how the iQNECT websites and apps are used and how they are performing. These cookies do not let us identify users (as all user data is aggregated). They are also used to monitor when you link from our app to one of our partner apps so that we can check what levels of traffic we are generating for our partner apps.
Functional These cookies let us operate certain functions of the iQNECT websites and apps in line with the choices you make. These cookies mean that we can “remember” you in-between visits – e.g. we will recognize your user name and remind you how you customised our services and what music you enjoyed on your last visit.
Targeting/advertising These cookies are used by us and our business partners to send you adverts when using the iQNECT websites and apps and to target those adverts to you and your interests. In doing this our business partners may use the profiles they have developed of other apps and websites that you have previously visited. These cookies may also help us and our business partners regulate the adverts you receive and measure its effectiveness. If we let our business partners place the cookies for advertising we do not give your name, email address or phone number to those business partners.
6. Sorry kids, over 13s only
Our Services are not directed to persons under 13. If you become aware that your child has provided us with personal information without your consent, please contact us at cusomerservice@iQNECT.org. We do not knowingly collect personal information from children under 13. If we become aware that a child under 13 has provided us with personal information, we take steps to remove such information and terminate the child’s account. You can find additional resources for parents and teens here.
8. Select third party partners.
Some of the third party partners with whom we work include the following (list subject to change):
Microsoft (for Microsoft Operating Systems). If you are using a iQNECT app on a Microsoft operating system, then as part of its relationship with Microsoft, iQNECT will provide some of your data to Microsoft (e.g. your geographic location and an anonymous number that identifies your device) for its use in interest based advertising. To learn more about Microsoft’s internet based advertising, including how to opt out, please visit https://choice.live.com/AdvertisementChoice.
ADDITIONAL TERMS THAT ARE APPLICABLE TO USERS OF iQNECT AS OFFERED BY SPECIFIC PARTNERS
In the event that you have acquired the Application via the Microsoft Corporation (“Microsoft”) application store, Windows Market Place,
• you acknowledge and agree that we, and not Microsoft, are responsible for any breach or failure to deliver under these Terms, or for addressing and enforcing any claims you or any third party may have in relation to the Application and/ or the Services; and
• you acknowledge and agree that neither Microsoft, nor your Network operator or Device manufacturer has any obligation whatsoever to furnish any maintenance and support services with respect to the Application and/ or the Services.
• Additionally, notwithstanding any provision to the contrary included in these Terms, when you acquire iQNECT via Windows Market Place you will be able to install the Application on up to five (5) devices that are associated with your Windows Live ID.
In the event that you are using a Device or Third Party Application provided by Research in Motion, Ltd. (“RIM”),
• you agree that RIM, its subsidiaries and any third party merchant that is operating within the RIM applications store, known as the BlackBerry App World, (“Merchant”) are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, RIM and the Merchant will have the right to (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary thereof;
• you acknowledge and agree that we, and not RIM or the Merchant, are responsible for any breach or failure to deliver under these Terms, or for addressing and enforcing any claims you or any third party may have in relation to the Application and/ or the Services;
• you acknowledge and agree that RIM or the Merchant has no obligation whatsoever to furnish any maintenance and support services with respect to the Application and/ or the Services; and
• you acknowledge and agree that when the Application is purchased from the BlackBerry App World it will be available only on RIM Devices.
Additionally, notwithstanding any provision to the contrary included in these Terms, when using a RIM Device you shall be able to reinstall the Application in accordance with the rules of the My World repository, which are available within the BlackBerry App World.
In the event that you are using a Device or Third Party Application provided by Apple, Inc. (“Apple”),
• you agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right to (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary thereof;
• you acknowledge and agree that we, and not Apple, are responsible for addressing any claims you or any third party may have in relation to the Application and/ or the Services;
• you acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application and/ or the Services; and
• in the event of any failure of the Application and/ or the Services to conform to any applicable warranty, you agree to notify Apple of such failure. Upon notification Apple will refund the purchase price for the Application and/ or Services (if any) to you.