Introduction
The Website, located at www.quantumgaming.ovh, is a social media website and application service which allows Users to create a profile, upload photos and videos onto their profile, set a monthly subscription price payable by other Users who wish to view their User Content and thereby generate revenue from Fans. The Website is operated by QuantumGaming (hereafter referred to as "Company," "we," "us," or "our").
These Terms of Service (hereafter referred to as "Terms," "Terms of Service," or "Agreement") govern your use of the Website, including any content, functionality, and services offered on or through the Website, whether as part of the Website or through a third party. By registering with and using the Website, you hereby accept and agree to be bound by and abide by these Terms of Service. If you do not want to agree to these Terms of Service, you must not access or use the Website.
User Accounts
In order to use certain features of the Website, you will need to create an account (hereafter referred to as "User Account" or "Account"). You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account.
User Content
The Website allows Users to upload and share content, including but not limited to photos, videos, and comments (hereafter referred to as "User Content"). You retain all rights in, and are solely responsible for, the User Content you make available through the Website. By making any User Content available through the Website, you grant to us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Website and Company's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents, and releases that are necessary to grant to us the rights in such User Content, as contemplated under these Terms;
Prohibited Conduct
You may not use the Website for any illegal or unauthorized purpose. You must not, in the use of the Website, violate any laws in your jurisdiction (including but not limited to copyright laws). You may not use the Website to upload, post, or share any content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable. You may not upload, post, or share any content that contains any viruses, Trojan horses, worms, time bombs, cancel bots, or any other similar software or programs that may damage the operation of another's computer or property. You may not upload, post, or share any content that advocates or encourages any illegal activity, or that discusses illegal activities with the intent to commit them. You may not upload, post, or share any content that solicits personal information from anyone under 18 or exploits people under the age of 18 in a sexual or violent manner.
Termination of Use
We reserve the right to terminate your use of the Website at any time, without notice, for any reason, including but not limited to a violation of these Terms of Service. We also reserve the right to terminate your account and delete any User Content that you have uploaded, posted, or shared on the Website.
Indemnification
You agree to indemnify, defend, and hold harmless Company, its officers, directors, employees, agents, licensors, and suppliers from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Service.
Limitation of Liability
In no event shall Company, its officers, directors, employees, agents, licensors, or suppliers, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website, (iii) any unauthorized access to or use of our servers and/or any personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Website, (v) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Website by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages.
Governing Law
These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of France, without giving effect to any principles of conflicts of law.
Any dispute or claim arising out of or in connection with these Terms of Service or their subject matter or formation (including non-contractual disputes or claims) shall be referred to and finally resolved by arbitration in accordance with the QuantumGaming Rules, which Rules are deemed to be incorporated by reference into this clause. The seat, or legal place, of arbitration shall be in France. The language to be used in the arbitral proceedings shall be French.
You agree that any claim or dispute you may have against Company must be resolved by a court located in France, except as otherwise agreed by the parties or as described in the Arbitration section above. You agree to submit to the personal jurisdiction of the courts located within France for the purpose of litigating all such claims or disputes.
The failure of Company to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. In the event that a provision of these Terms of Service is held to be invalid or unenforceable, the remaining provisions of these Terms of Service shall remain in full force and effect.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Company without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
As a condition of use of the Website, you agree to indemnify and hold the Company, its affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Website or arising from a breach of these Terms of Service and/or any breach of your representations and warranties set forth above.
These Terms of Service constitute the entire agreement between you and Company with respect to the use of the Website, superseding any prior agreements between you and Company with respect to the Website.
The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.
Contact Us
If you have any questions about these Terms of Service or the Website, please contact us at support@quantumgaming.ovh