Terms and Conditions of Use
- Third party services: Our Service may contain links to websites owned by third parties, and we are not responsible for them.
- Modifications and interruptions: We may occasionally have outages in our Services or we may modify or suspend the Services at any time.
- User-submitted content: Information provided by users of our Service or other third parties may not be accurate, and we are not responsible for this content. You may not post content on our Service unless you have the rights to do so.
- Content complaints: Please email complaints to support@EuclidIQ.com.
- Copyright infringement: If you believe your content is on our Service without your permission, please notify us at DMCA@EuclidIQ.com.
- Restricted activities: When you use our Service you are not allowed to do certain things as listed in Restricted activities section, below.
- Mobile devices: If you access the Service from a mobile device, you are responsible for any cellular data charges by your carrier.
- Disclaimers and Limitation of Liability: We don’t provide any warranties for the Service and your use of the Service is at your own risk. The Service is offered “as-is”.
- Indemnification: If we get sued or face liability because of something you have done, you will agree to defend the matter and pay any settlements or damages.
- Statute of Limitations: You may not bring claims against us regarding the Service more than 1 year after the claim arose.
YOUR CONSENT & REPRESENTATIONS
LINKS TO THIRD PARTY SERVICES
The Site may contain links to other Web sites (“Linked Sites”). The Linked Sites are not under the control of EuclidIQ and EuclidIQ is not responsible for the contents of any Linked Sites, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. EuclidIQ is not responsible for webcasting or any other form of transmission received from any Linked Site. EuclidIQ is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by EuclidIQ of the site or any association with its operators.
MODIFICATIONS AND INTERRUPTION TO THE SERVICE
We reserve the right to modify or discontinue all or any portion of our Service with or without notice to you. We will not be liable if we choose to exercise this right. You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to our Service, or that operation of our Service will be error free.
OWNERSHIP AND LICENSE OF THIS SERVICE AND ITS CONTENT
Ownership of this Service. Our Service, including all of the software and code comprising or used to operate this Service and all content are protected under applicable intellectual property
and other proprietary laws, including without limitation those of the United States. All content and intellectual property rights therein are the property of EuclidIQ or of third parties who have
licensed their rights to EuclidIQ.
The presence of any content on this Service does not constitute a waiver of any right in such content. You do not acquire ownership rights to any such content viewed through this Service. Except as otherwise provided herein, none of this content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.
Copyrights and trademarks. With the exception of any User Content you may provide through the Service (as described below), as between you and EuclidIQ, EuclidIQ and its licensors own and reserve the copyrights in this Service, including all of its content. All trade names, trademarks and service marks displayed on this Service are the registered or unregistered trademarks of EuclidIQ, its licensors, or other third parties (collectively, the “Trademarks“) and are protected by U.S. and international trademark laws and treaties.
Your Feedback. We welcome your comments, feedback, suggestions, and other communications regarding this Service (collectively, “Feedback“). By submitting Feedback, however, please note that we will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. You agree that you will not make a claim that Feedback constitutes your confidential information, that any limits apply to EuclidIQ’s right to use the Feedback, or that you are entitled to compensation or recognition for EuclidIQ’s use of Feedback.
Any information or content uploaded, posted, submitted, or otherwise made available by individual users of the Service, and any other content which does not originate with EuclidIQ (“User Content“), is the sole responsibility of the person who made such User Content available on the Service. Under no circumstances will EuclidIQ be liable in any way for any User Content made available through the Service by you or any third party.
Since EuclidIQ does not control the User Content posted on the Service, it does not guarantee the truthfulness, integrity, suitability, or quality of that User Content, and it does not endorse such
User Content. EuclidIQ has no responsibility for any User Content, including without limitation any errors or omissions therein. EuclidIQ are not liable for any loss or damage of any kind incurred as a result of any User Content on the Service. EuclidIQ does not claim ownership of User Content you submit or make available for inclusion on the Services.
EuclidIQ reserves the right (but has no obligation) in its sole discretion to pre-screen, edit, refuse, move or remove any User Content that is posted on the Service. You agree that the exercise by EuclidIQ of such discretion shall not convert or transform User Content to content owned or provided by EuclidIQ, and the user who made such User Content available on the Service will retain ownership thereof as described below.
inappropriate, please report the content by sending an email to support@EuclidIQ.com.
NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT
In the event that you find Content posted on our Service which you believe to be an infringement of the copyright ownership or other intellectual property rights of your company or any third party, you are requested to immediately contact EuclidIQ’s Copyright Agent as described below. To report any alleged infringement, please contact us in writing by providing a signed statement containing the following information pursuant to the Digital Millennium Copyright Act (“DMCA“):
(1) your name, address, telephone number, and email address, and if you are acting on behalf of the owner of the intellectual property, the name of the owner;
(2) a statement, made under penalty of perjury, that you are the owner of the copyright or are authorized to act on behalf of the owner;
(3) a detailed description of the copyrighted work or other intellectual property that you claim has been infringed;
(4) if your claim is based on a registered work, the registration number, and the date of issuance of the registration;
(5) a description of the infringing material and the URL where such material is located on the Service, or a description of where on our Service you found such material;
(6) your written statement that you believe, in good faith, that the use of the work on our Service has not been authorized by the true owner of the work, its agent, or as a matter of law; and
(7) a statement that all of the information you have provided is true.
Please send your notice of alleged infringement to us:
By Mail addressed to:
Euclid Discoveries, LLC.
30 Monument Square
Concord, MA 01742-1896
Attn: Copyright Agent
E-mail: DMCA@EuclidIQ.com, subject line “DMCA Notice”
In accordance with the DMCA, it is the policy of EuclidIQ to terminate use of our Service by repeat infringers in appropriate circumstances.
You may not engage in any of the following with regard to the Service (including without limitation posting or transmitting content through the Service), and you agree not to use the Service to:
- violate or encourage the violation of any local, state, national, or international law or regulation;
- collect or store personal data about other users of our Service or solicit personal information from any individual;
- impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
- send or promote any message that is unlawful, libelous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, disparaging regarding racial, gender or ethnic background, any statement that you have reason to know is false or misleading, or otherwise objectionable messages, as determined by EuclidIQ in its sole discretion;
- infringe any patent, trademark, trade secret, copyright, right of publicity or privacy, or other right of any party, or distribute any content you do not have a right to make available under any law or under contractual or fiduciary relationships;
- promote or distribute any unauthorized advertising, promotional materials, or material which can be characterized as “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or similar material, any request for or solicitation of money, goods, or services for private gain, or any information posted primarily for advertising, promotional, or other commercial purposes;
- disrupt or interfere with the security or use of the Service or any websites or content linked to them;
- interfere with or damage the Service, including, without limitation, through the use of viruses, Trojan horses, harmful code, denial of service attacks, packet or IP spoofing, forged routing or email address information or similar methods or technology or disobey any requirements, procedures, policies, or regulations of networks connected to our Service;
- attempt to use another user’s account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) EuclidIQ or create or use a false identity;
- attempt to obtain unauthorized access to the Service or portions thereof that are restricted from general access;
- use any meta tags or any other “hidden text” utilizing the EuclidIQ name, trademarks, or product names;
- attempt to reverse engineer or otherwise derive or obtain the code in any form for any software used in the Service;
- reproduce, make available, or otherwise use any portion of the Service for any commercial purpose;
- engage in any activity that interferes with any third party’s ability to use or enjoy the Service; or
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, EUCLIDIQ, ITS RELATED ENTITIES, ITS SERVICE PROVIDERS, ITS LICENSORS, SPONSORS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “EUCLIDIQ PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON INFRINGEMENT, RELATED TO OUR SERVICE.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF OUR SERVICE IS AT YOUR SOLE RISK. OUR SERVICE AND ALL CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE EUCLIDIQ PARTIES ARE NOT RESPONSIBLE FOR THE TIMELINESS OF DELIVERY OF CONTENT, ANY FAILURES OF DELIVERY, ERRONEOUS DELETION, OR ANY LOSS OR DAMAGE OF ANY KIND YOU CLAIM WAS INCURRED AS A RESULT OF THE USE OF ANY SERVICE. UNDER NO CIRCUMSTANCES, WILL ANY OF THE EUCLIDIQ PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON ANY OF OUR SERVICE OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH ANY OF OUR SERVICE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF ANY EUCLIDIQ PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE EUCLIDIQ PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
A GENERAL RELEASE DOES NOT EXTEND TO THE CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN ITS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
IF THIS CLAUSE IS HELD TO BE UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT WILL OUR OR THE RELEASEES’ TOTAL LIABILITY TO YOU EXCEED $50. NOTHING IN THIS CLAUSE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.
CHOICE OF LAW, JURISDICTION AND VENUE
STATUTE OF LIMITATIONS
NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California users of our Service are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
How it works:
Create an original video showing us (“Theme specified in the specific contest”) and using the hashtag #UptiiQVideoContest.
- Eligibility and Exclusions: 1.1 Eligibility. The UptiiQ – Video Contest (the “Contest”) is open only to legal residents of the United States and Canada who are at least the age of majority in their respective jurisdiction as of the date the Promotion Period (defined below) begins. 1.2 Exclusions. The following groups of individuals are not eligible to participate in the Contest: (i) Employees of Euclid Discoveries, LLC. and employees of any parent or affiliate companies; the immediate family (spouse, parents, siblings and children); and household members of each such employees. 1.3 Applicable Law. The Contest is subject to all applicable federal, provincial, state, and local laws and regulations and is void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these rules (the “Official Rules”) and the Sponsor’s decisions, which are final and binding in all matters related to the Contest. Winning the prize is contingent upon fulfilling all requirements set forth herein.
- Sponsor: The Contest is promoted, sponsored and administered by Euclid Discoveries, LLC, 30 Monument Square, Suite 212, Concord, MA 01742-1896 (“Sponsor”).
- Timing: The Contest begins on the Start Date at 12:00 a.m. and ends on End Date at 11:59 p.m. (the “Promotion Period”). All times stated are U.S. Eastern Time. Sponsor’s computer is the official time-keeping device for the Contest.
- Winner Selection: A Contest winner will be selected within 5 calendar days from the End Date (“Selection Date”). Sponsor’s decisions as to the administration and operation of the Contest and the selection of the potential winner are final and binding in all matters related to the Contest. A potential Contest winner will be selected by Sponsor’s staff from all eligible entries received each week during the Promotion Period. The winner will be selected based on the following criteria: 25% Originality, 25% Storytelling, 50% adherence to the Contest theme. A prize winner will only be notified by email. If a potential prize winner cannot be contacted because the e-mail notifying the prize winner of the prize is returned as undeliverable, the potential winner forfeits the prize. Receiving the prize is contingent upon compliance with these Official Rules.
- Prize: ONE (1) PRIZE: The prize consists of an T-Shirt with the UptiiQ logo and the placement of a link to the winning video on the UptiiQ website and UptiiQ social media. Odds of winning a prize depend on the number of eligible entries received during the Promotion Period. We’ll send the T-Shirt and post the winning video links within two weeks of the Selection Date.
- Release: By receipt of any prize, winner agrees to fully and irrevocably release and hold harmless Sponsor and its subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action.
- General Conditions: Administrator reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Contest, as determined by Administrator in its sole discretion. In such event, Administrator, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. Administrator reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Administrator reserves the right to seek damages from any such person to the fullest extent permitted by law. Administrator’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
- Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Commonwealth of Massachusetts or the appropriate State Court located in Boston, Massachusetts; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages, and any and all rights to have damages multiplied or otherwise increased.
- Winner List: For a winner list, mail your request and a self-addressed, stamped envelope to: Euclid Discoveries, LLC, 30 Monument Square, Suite 212, Concord, MA 01742-1896. The winner list will be available after winner confirmation is complete.
Euclid Discoveries, LLC
30 Monument Square
Concord, MA 01742-1896
Attn: User Agreement Issues