The services offered by Inq (“Inq”, or “we”) include: (1) our software applications (including any updates, new versions or new releases), including, but not limited to, applications for mobile devices, personal computers and web browsers (“Inq Applications”); (2) our website located at www.inqmobile.com or such other website(s) as we may have from time to time together with our support forum located at www.support.inqmobile.com (the “Site”); (3) any other services offered by Inq in connection with the Inq Applications or the Site or offered via any other means, but excluding any services offered in connection with Inq’s legacy mobile handset products; and (4) as part of any of the above, or separately, access to Inq Content (being Inq proprietary content, including but not limited to, Inq trademarks and logos, excluding Third Party Materials and User Content (both as defined below), (any or all of these, as the context requires, being the “Services”). The Services do not include any social networking services (“SNS”) or other third-party service you interact with via the Services.
Although Inq no longer manufactures mobile handsets, we are committed to helping you get the best out of any Inq products you already own. For more details on the support and warranty we provide for your handset please view our handset support section (www.inqmobile.com/support).
Without limiting any other terms of these Terms and Conditions, by using an SNS via the Services you understand and agree that Inq, as an agent on your behalf, may access and process your SNS account information and content you have searched or viewed so that such information is available to you through your use of the Services and you give Inq permission to do so. You agree that any content that you submit to an SNS while using the Services may be processed by Inq.
Certain areas of Services (including your access to or use of Inq Content) may be governed by different or additional terms and conditions attached to such area (“Additional Terms”) and you may be required to agree to and accept Additional Terms or to register for certain uses of the Services. If there is a conflict between these Terms and Conditions and any Additional Terms, the Additional Terms will take precedence with respect to your use of or access to that area of the Services.
You acknowledge and agree that by accessing or using the Services, by downloading Inq Applications to any device or posting or accessing any content through the Services, you are indicating that you have read, understand and agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, then you have no right to access or use the Services and you must not do so.
The details of products and Services described on the Site are subject to change without notice. The provision of details of products and Services on the Site is not, and should not be construed as, an offer to sell such products or Services nor is it any guarantee of availability.
Inq Applications are designed to support a wide range of operating systems and screen sizes, however not all variations can be supported. Attempting to use an Inq Application on an unsupported OS or screen-size may result in sub-optimal user-experience, a reduction in functionality or in some cases Inq Applications may not work. Inq expressly disclaims any guarantee of an Inq Application working on any device or operating system.
Inq reserves the right, in its sole discretion, to modify, discontinue or terminate the Services or to modify these Terms and Conditions, at any time and without prior notice. If we modify these Terms and Conditions, we will post the modification on the Site or within the Inq Applications or otherwise provide you with notice of the modification. The date of most recent revision shall be noted at the end of such modification or updated Terms and Conditions. By continuing to access or use the affected Services after we have posted a modification to these Terms and Conditions or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms and Conditions. If the modified Terms and Conditions are not acceptable to you, your only recourse is to cease using the Services. These Terms and Conditions may only be modified in writing as set out in this paragraph, and may not be modified orally.
The Services are intended solely for persons who are 13 or older. Any access to or use of the Services by anyone under 13 is expressly prohibited.
In order to use certain current or future portions or functionalities of the Services, you may be required to register for a user name and password (an “Inq Account”). Inq reserves the right to reject any user name selected by you and/or revoke your right to any previously selected user name and give such user name to any other person or entity in Inq’s sole discretion and without any liability to you. You are responsible for maintaining the confidentiality of your Inq Account credentials in order to use the Services, and are fully responsible for all activities that occur through the use of your credentials. You should use a robust password to protect your Inq Account through a combination of upper and lower case letters, numbers and other characters. You agree to notify Inq immediately of any unauthorised use of your Inq Account credentials or any other breach of security with respect to your Inq Account. Inq will not be liable for any loss or damage arising from unauthorised use of your Inq Account credentials.
You agree that you will not use any Inq Application to access or use third party services which you do not have the right to access. If you are not an Inq App User, then you may be permitted to use the parts of the Services that are not limited to Inq App Users only, except as otherwise limited by the functionalities of the Services (e.g. an Inq Account may be required for access to certain Services).
In using the Services, you may be able to access, review, display or use third party content, including without limitation services, resources, text, data, graphics, images, photos, video or audiovisual content, any other form of intellectual property (ideas, designs, inventions), hypertext links, or information, being “Third Party Materials” when provided to you by Inq as part of the Services and “User Content” when an Inq user provides such material directly to Inq or another user via the Services. By using an Inq Application to find material on the Internet, you instruct Inq to present portions of the data sources that you have selected. You acknowledge sole responsibility for and assume all risk arising from your access to, use of or reliance upon any such Third Party Materials, or any User Content you access and Inq disclaims any liability that you may incur arising from your access to, use of or reliance upon such Third Party Materials or User Content via the Services. You acknowledge and agree that: (a) Inq is not responsible for the availability or accuracy of such Third Party Materials or User Content or the products or services on or available from such Third Party Materials; (b) Inq has no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to or use of such Third Party Materials or User Content; (c) Inq does not make any promises to remove Third Party Materials or User Content from being accessed through the Services; (d) your ability to access or link to Third Party Materials, third party services (including any SNS) or User Content does not imply any endorsement by Inq of Third Party Materials or any such third party services or User Content; and (e) your use of any Third Party Materials or User Content is subject to the terms and conditions which may accompany such material.
All elements of the Services are protected by applicable copyright, trademark and other laws and regulation. Inq and its licensors reserve all rights in the Services which are not expressly granted in these Terms and Conditions. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services and nothing in these Terms and Conditions grants you any proprietary rights in the Services or in any invention, patent, copyright, trademark or other intellectual property right.
License Grant. Subject to your compliance with these Terms and Conditions, Inq grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to download and install a copy of any Inq Application onto any device you own or control, and run such copy of an Inq Application solely for your personal, non-commercial use. Portions of an Inq Application may contain third party software which is subject to additional license terms and usage rules. To the extent that these Terms and Conditions may conflict with licenses or agreements governing your rights to use such third party software, the agreement or license applicable to such third party software shall prevail in relation to your use of that software. No license is granted to use patents or trade secrets that are inherent in Inq Applications. The copy of an Inq Application is licensed, not sold, to you. Inq retains ownership of all copies of Inq Applications even after installation on your mobile device.
Restrictions. Except as expressly specified in these Terms and Conditions, you may not (a) copy or modify the Services, including, but not limited to, adding new features or otherwise making adaptations that alter the functioning of the Services; (b) transfer, sell, rent, lease, distribute, sublicense or otherwise assign any rights to, or any portion of, the Services to any third party; or (c) make the functionality of the Services available to multiple users through any means, including, but not limited to, distribution of the Services or by uploading any Inq Application to a network or file-sharing service or through any hosting, application services provider or any other type of service. You agree not to disassemble, decompile or reverse engineer any Inq Application, in whole or in part, or permit or authorise a third party to do so, except to the extent such activities are expressly permitted by law. You will comply with any technical restrictions in the Services that allow you to use the Services only in certain ways.
Updates and Upgrades. Inq is not obliged to maintain or support the Services, to provide all or any specific content through the Services, or to provide you with updates, upgrades or services related to the Services. You acknowledge that Inq may from time to time in its sole discretion issue updates or upgrades to the Services, disable access to the Services for any period of time or permanently, and may automatically update or upgrade the version of any Inq Application that you are using on your mobile device. You consent to such automatic updating or upgrading on your mobile device, and agree that these Terms and Conditions will apply to all such updates or upgrades. Inq shall have no liability to you arising out of any unavailability of the Services.
Termination of Licence. The license to any Inq Application granted under these Terms and Conditions remains in effect indefinitely, unless earlier terminated by you or Inq in accordance with this provision. You may terminate the license at any time by destroying all copies of the Inq Application in your possession or control. Without limiting any other terms of these Terms and Conditions, the license will automatically terminate without notice from Inq if you breach any terms of these Terms and Conditions. Upon any termination of these Terms and Conditions, you must cease all use of Inq Applications and promptly delete and destroy all copies, full or partial, of Inq Applications.
By making available any User Content through the Services, you hereby grant to Inq a worldwide, non-exclusive, transferable, assignable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, exploit, publicly display, publicly perform, transmit, stream, broadcast, make available, communicate to the public, and otherwise use (collectively, “Use”) such User Content. Inq does not claim any ownership rights in any such User Content and nothing in these Terms and Conditions will be deemed to restrict any rights that you may have to Use any such User Content. Licenses granted with respect to any photographs, artwork or images uploaded by you and, the license granted by you with respect to any other User Content, including, but not limited to, any comments regarding any aspect of the Services or communications with another user of the Services, will be perpetual and irrevocable. Notwithstanding the preceding sentence, you hereby acknowledge and agree that Inq shall not be liable for any Use of your User Content by any third party that had access to your User Content during the period in which your User Content was available on or through the Services.
You acknowledge and agree that you are solely responsible for all User Content that you make available. Accordingly, you represent and warrant that: (a) 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 Inq the rights in such User Content, as contemplated under these Terms and Conditions; (b) neither the User Content nor your accessing, posting, submission or transmittal of the User Content or Inq’s Use of the User Content (or any portion of it) in accordance with these Terms and Conditions will infringe, misappropriate or breach a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation; and (c) no payments of any kind shall be due to any third party, whether a copyright owner or his agent, for any Use made of the User Content (or any portion of it).
Inq has the right to remove or block User Content that it determines in its sole discretion to be in violation of these Terms and Conditions, to be unlawful, offensive, threatening, libellous, defamatory, obscene or otherwise objectionable, that breaches any party's intellectual property or that is detrimental to the quality or intended spirit of the Services. Inq also has the right, but not the obligation, to limit or revoke the use privileges of the Inq Account of anyone who posts such User Content or engages in such behaviour.
A non-exhaustive list of examples of unacceptable User Content or behaviour include:
You are solely responsible for your interactions (including any disputes) with other users. You understand that Inq does not in any way screen Inq users. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Services and disclosing personal information to other Inq users. You agree to take reasonable precautions in all interactions with other Inq users, particularly if you decide to communicate with an Inq user offline or meet them in person. Your use of the Services and any other content made available through the Services is at your sole risk and discretion, and Inq hereby disclaims any and all liability to you or any third party relating thereto. Inq reserves the right to contact Inq users, in compliance with applicable law, in order to evaluate compliance with the rules and policies in these Terms and Conditions. You will cooperate fully with Inq to investigate any suspected unlawful, fraudulent or improper activity via the Services.
You will not use the Services to offer, display, distribute, transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise breaches or promotes the breach of the intellectual property rights of any third party. Inq has adopted and implemented a policy that provides for the termination in appropriate circumstances of the Inq Accounts of users or access to the Services to users who repeatedly infringe or are believed to be or are charged with repeatedly infringing the rights of copyright holders.
You agree not to do any of the following while using the Services:
You acknowledge that Inq has no obligation to monitor your access to or use of the Services or to review or edit any User Content or Third Party Materials, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms and Conditions, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Inq reserves the right, at any time and without prior notice, to remove or disable access to any Inq Content, Third Party Materials, and any User Content, that Inq, in its sole discretion, considers to be in violation of these Terms and Conditions or otherwise harmful to the Services.
Without limiting other remedies, Inq may at any time suspend, terminate, or refuse to provide you with access to the Services. In addition, Inq may notify authorities or take any actions it deems appropriate, without notice to you, if Inq suspects or determines, in its own discretion, that you may have or there is a significant risk that you have: (a) failed to comply with any provision of these Terms and Conditions or any policies or rules established by Inq; or (b) engaged in actions relating to or in the course of using the Services that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, Inq users, Inq or any other third parties or the Services.
Without limiting any other terms of these Terms and Conditions, you may stop using the Services at any time.
After any termination, you understand and acknowledge that we will have no further obligation to provide the Services to you and all licenses and other rights granted to you by these Terms and Conditions will immediately cease. Inq will not be liable to you or any third party for termination of the Services. Upon any termination or suspension, any content, materials or information (including User Content) that you have submitted will no longer be accessible by you via the Services. Any suspension, termination or cancellation will not affect your obligations to Inq under these Terms and Conditions (including, without limitation, proprietary rights and ownership, indemnification, and limitation of liability), which by their sense and context are intended to survive and do survive such suspension, termination or cancellation.
Inq undertakes all reasonable efforts to ensure the accuracy and reliability of the contents of the Services, but is not responsible for Third Party Materials or User Content. The Services, Third Party Materials and User Content are, to the extent permitted by law, provided “as is”, without warranty of any kind, either express, implied or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, accuracy, or non-infringement and any warranties arising out of course of dealing or trade usage. We and our licensors disclaim all liability with regard to: (i) your ability to access the Services, (ii) your viewing of pages on the Site that may be available by link or otherwise, (iii) any products or services you may purchase or obtain from any third party that you may be linked to by the Services; or (iv) other information you receive when using the Services. This disclaimer of warranty constitutes an essential part of these Terms and Conditions and therefore, our agreement. We and our licensors make no warranty that the Services, Third Party Materials or User Content will meet your requirements or expectations or be available on an uninterrupted, accurate, secure, reliable, timely or error-free basis.
No advice or information, whether oral or written, obtained from Inq or through the Services or User Content, will create any warranty not expressly set out in these Terms and Conditions. Inq is not responsible for the compatibility, security, quality or fitness for purpose of any other website, or third party goods or services you obtain as a result of use of the Services.The information contained on the Site does not constitute advice or an offer to sell or deal in any securities and must not be relied upon in connection with any investment decision. You should seek independent investment advice from a qualified financial advisor if you require investment advice.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Services, remains with you. Neither Inq, its employees, directors or agents or any other party involved in creating, producing, or delivering the Services will be liable for any indirect, incidental, special, exemplary or consequential damages, including lost profits, loss or corruption of data, loss of business, business interruption, loss of business opportunity or loss of goodwill, service interruption, computer damage or system failure, the cost of substitute products or services or legal fees arising out of or in connection with these Terms and Conditions or from the use of or inability to use the Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal cause of action, and whether or not Inq has been informed of the possibility of such damage, even if a limited remedy set out herein is found to have failed of its essential purpose and whether or not such loss was reasonably foreseeable by you or Inq. You specifically acknowledge that Inq is not liable for the defamatory, offensive or illegal conduct of other users of the Services, third parties or Third Party Materials, and that the risk of injury from the foregoing rests entirely with you.
In no event will Inq’s aggregate liability whether in contract, tort (including negligence) or otherwise arising out of or in connection with these Terms and Conditions or from the use of or inability to use the Services exceed the amount paid by you to Inq for the Services or, where the Services have been provided by Inq to you free of charge, one hundred pounds sterling (£100). The limitations of damages set out above are fundamental elements of the basis of the agreement between Inq and you.
Nothing in these Terms and Conditions shall limit or exclude Inq’s liability for death or personal injury resulting from our negligence, fraud or fraudulent misrepresentation and any other liability that cannot be excluded or limited by English law.
You agree to defend, indemnify, and hold Inq, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with User Content submitted by you, your access to or use of the Services, or your breach of these Terms and Conditions.
All trademarks, service marks, logos, trade names, and any other proprietary designations of Inq used herein are trademarks or registered trademarks of Inq. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
These Terms and Conditions and your use of the Services shall be governed by the substantive laws of England without reference to choice or conflicts of law principles. All disputes arising between you and Inq under these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of England, and you and Inq hereby submit to the jurisdiction and venue of these courts. These provisions do not apply to any claim in which Inq seeks equitable relief of any kind. You acknowledge that, in the event of a breach of these Terms and Conditions by Inq or any third party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against Inq, including with respect to any User Content, and your only remedy shall be for monetary damages, subject to the limitations of liability set out in these Terms and Conditions.
You and Inq agree that, notwithstanding any other rights a party may have under law or equity, any cause of action arising out of or related to these Terms and Conditions or the Services, excluding a claim by Inq for indemnification, must commence within six years after the cause of action arises. Otherwise, such cause of action is permanently barred.
These Terms and Conditions constitute the entire and exclusive understanding and agreement between Inq and you regarding the Services, and these Terms and Conditions supersede and replace any and all prior oral or written understandings or agreements between Inq and you regarding the Services.
You may not assign or transfer these Terms and Conditions, by operation of law or otherwise, without Inq’s prior written consent. Any attempt by you to assign or transfer these Terms and Conditions, without such consent, will be null and of no effect. Inq may freely assign these Terms and Conditions. Subject to the foregoing, these Terms and Conditions will bind and inure to the benefit of the parties, their successors, and permitted assigns.
You consent to the use of: (a) electronic means to complete these Terms and Conditions and to deliver any notices or other communications permitted or required hereunder; and (b) electronic records to store information related to these Terms and Conditions or your use of the Services. Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms and Conditions, will be in writing and given by Inq: (i) via email if applicable (in each case to the address that you provide); or (ii) by posting to the Services. For notices made by e-mail, the date of transmission will be deemed the date on which such notice is transmitted.
These Terms and Conditions may not be modified except in writing, signed by both parties, or by a change to these Terms and Conditions made by Inq as contemplated by these Terms and Conditions. The heading references used in these Terms and Conditions are for convenience purposes only, do not constitute a part of these Terms and Conditions, and shall not be deemed to limit or affect any of the provisions hereof. The failure of Inq to enforce any right or provision of these Terms and Conditions will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of Inq. Except as expressly set out in these Terms and Conditions, the exercise by either party of any of its remedies under these Terms and Conditions will be without prejudice to its other remedies under these Terms and Conditions or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms and Conditions will remain in full force and effect. There are no third party beneficiaries of these Terms and Conditions unless expressly provided herein. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Inq as a result of these Terms and Conditions or your use of the Services. You further acknowledge that by submitting User Content, no confidential, fiduciary, contractually implied or other relationship is created between you and Inq other than pursuant to these Terms and Conditions.
You may contact us as set out on the Site or by emailing us at firstname.lastname@example.org.
INQ MOBILE LIMITED, a company incorporated in the British Virgin Islands with Company Number 1497156 whose registered address is PO Box 957, Offshore Incorporations Centre, Road Town, Tortola, British Virgin Islands.
Inq Terms and Conditions, English – February 2013
© Inq Mobile Limited, 2013