Terms of Use

Welcome to QSHIM!

These Terms of Use (or “Terms”) govern your use of QSHIM, except where we expressly state that separate terms (and not these) apply, and provide information about the QSHIM Service (the “Service”), outlined below. When you create a QSHIM account or use QSHIM products (“Products”), including the QSHIM plaque and website, and you become a community member, and you agree to these terms.

These Terms of Use therefore constitute an agreement between you and QHSIM, [Inc.]

ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW.

The QSHIM Service

We agree to provide you with the QSHIM Service. The Service includes all of the QSHIM products, features, applications, services, technologies, and software that we provide to advance QSHIM’s mission: To provide a platform through your accounts and our Products for information [and remembrance] of the people and things you love. The Service is made up of the following aspects:

• Offering personalized opportunities to create, connect, communicate, discover and share. We offer you accounts and features to help you create, share, and communicate with people through QSHIM. We want to provide a forum to remember and strengthen your relationships with loved ones, current and past, through information and story sharing. Our system helps you create, find, join and share in experiences that matter to you. Part of that is sharing content, features, offers and accounts that you might be interested in.
• Fostering a positive, inclusive, and safe environment. We develop and use tools and offer resources to our community members that help to make their experiences positive and inclusive, including when we think they might need help. We also work to combat abuse and violations of our Terms and policies, as well as harmful and deceptive behavior. We use all the information we have-including your information-to try to keep our platform secure. We also may share information about misuse or harmful content with law enforcement. Learn more in our Privacy Policy below.
• Ensuring access to our Service. To operate our Service, we must store and transfer data across our systems that can be disseminated around the world, including outside of your country of residence.
• Connecting you with brands, products, and services in ways you care about. We may use data from QSHIM accounts and Products, as well as from third-party partners, to show you ads, offers, and other sponsored content that we believe will be meaningful to you. And we try to make that content as relevant as all your other experiences on QSHIM.
• Product Improvement. We use the information you provide us via your accounts and our Products to make our Service better and contribute to the well-being of our community.

Advertising

• We use your personal data, such as information about your activity and interests, to show you ads that are more relevant to you. We show you relevant and useful ads without telling advertisers who you are. We don’t sell your personal data. We allow advertisers to tell us things like their business goal and the kind of audience they want to see their ads. We then show their ad to people who might be interested. We show you relevant and useful ads without telling advertisers who you are. We don’t sell your personal data. We allow advertisers to tell us things like their business goal and the kind of audience they want to see their ads. We then show their ad to people who might be interested.

The Privacy Policy

Providing our Service requires collecting and using your information. The Privacy Policy below explains how we collect, use, and share information that you provide to us. It also explains the many ways you can control your information, including in the QSHIM Privacy and Security Settings. You must agree to the Privacy Policy to use QSHIM.

Your Commitments

In return for our commitment to provide the Service, we require you to make the below commitments to us.
Who Can Use QSHIM. We want our Service to be as open and inclusive as possible, but we also want it to be safe, secure, and in accordance with the law. So, we need you to commit to a few restrictions in order to be part of the QSHIM community.

• You must be at least 13 years old.
• You must not be prohibited from receiving any aspect of our Service under applicable laws.
• We must not have previously disabled your account for violation of law or any of our policies.

How You Can’t Use QSHIM.

Providing a safe and open Service for a broad community requires that we all do our part.

• You can’t impersonate others or provide inaccurate information.
  You don’t have to disclose your identity on QSHIM, but you must provide us with accurate and up to date information (including registration information), which may include providing personal data. Also, you may not impersonate someone or something you aren’t, and you can’t create an account for someone else unless you have their express permission.
• You can’t do anything unlawful, misleading, or fraudulent or for an illegal or unauthorized purpose.
• You can’t violate (or help or encourage others to violate) these Terms or our policies.
• You can’t do anything to interfere with or impair the intended operation of the Service.
  This includes misusing any reporting, dispute, or appeals channel, such as by making fraudulent or groundless reports or appeals.
• You can’t attempt to create accounts or access or collect information in unauthorized ways.
  This includes creating accounts or collecting information in an automated way without our express permission.
• You can’t sell, license, or purchase any account or data obtained from us or our Service.
  This includes attempts to buy, sell, or transfer any aspect of your account (including your username); solicit, collect, or use login credentials or badges of other users; or request or collect QSHIM usernames, passwords, or misappropriate access tokens.
• You can’t post someone else’s private or confidential information without permission or do anything that violates someone else’s rights, including intellectual property rights (e.g., copyright infringement, trademark infringement, counterfeit, or pirated goods).
  You may use someone else’s works under exceptions or limitations to copyright and related rights under applicable law. You represent you own or have obtained all necessary rights to the content you post or share. For example, you cannot use music that you do not have the rights or permissions to do so.
• You can’t modify, translate, create derivative works of, or reverse engineer our products or their components.
• You can’t use a domain name or URL in your username without our prior written consent.
  Permissions You Give to Us. As part of our agreement, you also give us permissions that we need to provide the Service.
• We do not claim ownership of your content, but you grant us a license to use it.
  Nothing is changing about your rights in your content. We do not claim ownership of your content that you post on or through the Service and you are free to share your content with anyone else, wherever you want. However, we need certain legal permissions from you (known as a “license”) to provide the Service. When you share, post, or upload content that is covered by intellectual property rights (like photos or videos) on or in connection with our Service, you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, 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 license will end when your content is deleted from our systems. You can delete content individually or all at once by deleting your account.
• [Permission to use your username, profile picture, and information about your relationships and actions with accounts, ads, and sponsored content.]
  You give us permission to show your username, profile picture, and information about your actions (such as likes) or relationships (such as follows) next to or in connection with accounts, ads, offers, and other sponsored content that you follow or engage with that are displayed on our Products, without any compensation to you. For example, we may show that you liked a sponsored post created by a brand that has paid us to display its ads on QSHIM. As with actions on other content and follows of other accounts, actions on sponsored content and follows of sponsored accounts can be seen only by people who have permission to see that content or follow. We will also respect your ad settings.
• You agree that we can download and install updates to the Service on your device.

Additional Rights We Retain

• If you select a username or similar identifier for your account, we may change it if we believe it is appropriate or necessary (for example, if it infringes someone’s intellectual property or impersonates another user).
• If you use content covered by intellectual property rights that we have and make available in our Service (for example, images, designs, videos, or sounds we provide that you add to content you create or share), we retain all rights to our content (but not yours).
• You can only use our intellectual property and trademarks or similar marks as expressly permitted or with our prior written permission.
• You must obtain written permission from us or under an open source license to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.

Content Removal and Disabling or Terminating Your Account

• We can remove any content or information you share on the Service if we believe that it violates these Terms of Use, our policies (including our QSHIM Community Guidelines), or we are permitted or required to do so by law. We can refuse to provide or stop providing all or part of the Service to you (including terminating or disabling your access to our Products and your accounts) immediately to protect our community or services, or if you create risk or legal exposure for us, violate these Terms of Use or our policies (including our QSHIM Community Guidelines), if you repeatedly infringe other people’s intellectual property rights, or where we are permitted or required to do so by law. We can also terminate or change the Service, remove or block content or information shared on our Service, or stop providing all or part of the Service if we determine that doing so is reasonably necessary to avoid or mitigate adverse legal or regulatory impacts on us. If you believe your account has been terminated in error, or you want to disable or permanently delete your account, contact us.
  • Termination of your account can occur upon your request, or upon the end of a time period in which we have agreed to maintain your account, i.e., a subscription period. Upon termination of your account any link from a QSHIM plaque will direct the user to the QSHIM homepage.
• When you request to delete content or terminate your account, the deletion process will automatically begin no more than 30 days after your request. It may take up to 90 days to delete content after the deletion process begins. While the deletion process for such content is being undertaken, the content is no longer visible to other users, but remains subject to these Terms of Use and our Privacy Policy. After the content is deleted, it may take us up to another 90 days to remove it from backups and disaster recovery systems.]
• 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); or
• 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 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 and security of our products, systems, and users;
• Comply with a legal obligation, such as the preservation of evidence; 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).
• If you delete or we disable your account, these Terms shall terminate as an agreement between you and us, but this section and the section below called “Our Agreement and What Happens if We Disagree” will still apply even after your account is terminated, disabled, or deleted.

Our Agreement and What Happens if We Disagree
Our Agreement.

• When you use payment features, you will be asked to agree to our payment terms, policies and procedures. If any of those terms, policies, and procedures conflict with this agreement, those other terms, policies and procedures will govern.
• If any aspect of this agreement is unenforceable, the rest will remain in effect.
• Any amendment or waiver to our agreement must be in writing and signed by us. If we fail to enforce any aspect of this agreement, it will not be a waiver.
• We reserve all rights not expressly granted to you.
  Who Has Rights Under this Agreement.
• Our past, present, and future affiliates and agents, including [QSHIM Inc.], can invoke our rights under this agreement in the event they become involved in a dispute. Otherwise, this agreement does not give rights to any third parties.
• You cannot transfer your rights or obligations under this agreement without our consent.
• Our rights and obligations can be assigned to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law.
  Who Is Responsible if Something Happens.
• Our Service is provided “as is,” and we can’t guarantee it will be safe and secure or will work perfectly all the time. TO THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
• We also don’t control what people and others do or say, and we aren’t responsible for their (or your) actions or conduct (whether online or offline) or content (including unlawful or objectionable content). We also aren’t responsible for services and features offered by other people or companies, even if you access them through our Service.
• Our responsibility for anything that happens on the Service (also called “liability”) is limited as much as the law will allow. If there is an issue with our Service, we can’t know what all the possible impacts might be. You agree that we won’t be responsible (“liable”) for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we know they are possible. This includes when we delete your content, information, or terminate your account. Our aggregate liability arising out of or relating to these Terms will not exceed the greater of $100 or the amount you have paid us in the past twelve months.
• You agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with these Terms or your use of the Service. You will cooperate as required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.
  How We Will Handle Disputes.
• Except as provided below, you and we agree that any cause of action, legal claim, or dispute between you and us arising out of or related to these Terms or QSHIM (“claim(s)”) must be resolved by arbitration on an individual basis. Class actions and class arbitrations are not permitted; you and we may bring a claim only on your own behalf and cannot seek relief that would affect other QSHIM users. If there is a final judicial determination that any particular claim (or a request for particular relief) cannot be arbitrated in accordance with this provision’s limitations, then only that claim (or only that request for relief) may be brought in court. All other claims (or requests for relief) remain subject to this provision.
• Instead of using arbitration, you or we can bring claims in your local “small claims” court, if the rules of that court will allow it. If you don’t bring your claims in small claims court (or if you or we appeal a small claims court judgment to a court of general jurisdiction), then the claims must be resolved by binding, individual arbitration. The American Arbitration Association will administer all arbitrations under its Consumer Arbitration Rules. You and we expressly waive a trial by jury.
• The following claims don’t have to be arbitrated and may be brought in court: disputes related to intellectual property (like copyrights and trademarks), violations of our Platform Policy, or efforts to interfere with the Service or engage with the Service in unauthorized ways (for example, automated ways). In addition, issues relating to the scope and enforceability of the arbitration provision are for a court to decide.
• This arbitration provision is governed by the Federal Arbitration Act.
• You can opt out of this provision within 30 days of the date that you agreed to these Terms. To opt out, you must send your name, residence address, username, email address or phone number you use for your QSHIM account, and a clear statement that you want to opt out of this arbitration agreement, and you must send them here: contact@qshim.com
  • Before you commence arbitration of a claim, you must provide us with a written Notice of Dispute that includes your name, residence address, username, email address or phone number you use for your QSHIM account, a detailed description of the dispute, and the relief you seek. Any Notice of Dispute you send to us should be mailed to: contact@qshim.com
  • Before we commence arbitration, we will send you a Notice of Dispute to the email address you use with your QSHIM account, or other appropriate means. If we are unable to resolve a dispute within thirty (30) days after the Notice of Dispute is received, you or we may commence arbitration.
• We will pay all arbitration filing fees, administration and hearing costs, and arbitrator fees for any arbitration we bring or if your claims seek less than $75,000 and you timely provided us with a Notice of Dispute. For all other claims, the costs and fees of arbitration shall be allocated in accordance with the arbitration provider’s rules, including rules regarding frivolous or improper claims.
• For any claim that is not arbitrated or resolved in small claims court, you agree that it will be resolved exclusively in the U.S. District Court for the Western District of New York or a state court located in Monroe County. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim.
• The laws of the State of New York, to the extent not preempted by or inconsistent with federal law, will govern these Terms and any claim, without regard to conflict of law provisions.
  Unsolicited Material.
  We always appreciate feedback or other suggestions, but may use them without any restrictions or obligation to compensate you for them, and are under no obligation to keep them confidential.

Updating These Terms
We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete your account.

Privacy Policy

• We use information we collect to help protect people from harm and provide safe, secure accounts and Products.
• We share the information you provide us in the manner you designate in the settings and profiles of your QSHIM accounts and Products. For example, you may choose to maintain an account or Product private or available only to certain persons, or you may choose to have your account or Product be publicly accessible.
• We offer you a variety of tools to view, manage, and delete your information. You can also manage your information by visiting the settings of the accounts and Products you use. You may also have other privacy rights under applicable laws.
• We communicate with you using information you’ve given us, like contact information you’ve entered on your profile.
• We use information we have to provide and improve our Products. This includes personalizing features, content and recommendations, and linking to other information sharing platforms, for example, your Facebook Feed, Instagram feed, Stories and ads, Twitter (i.e. “X”) and other information sharing platforms.
• You can choose to connect with [integrated partners or information sharing platforms] who may use our Products. If you do, these integrated partners and platforms receive information about you and your activity. These [integrated partners and platforms] can always access information that’s public on your accounts and our Products.
• We also reserve the right to share information with third parties in response to legal requests, to comply with applicable law or to prevent harm.