As of October 10, 2012
1. Scope of Application of these Terms
1.1 Q-Sensei Corp. (“Q-Sensei”), with its corporate seat at 2982 Bellwind Circle, Rockledge, FL 32955 USA (c/o Q-Sensei GmbH, Puschkinstr. 1, 99084 Erfurt, Germany), operates online services at www.www.qsensei.com (hereinafter the “Services”). Some of these Services require a registration by the user at Q-Sensei. Other Services can be used without a registration by the user.
1.2 Contrary terms by the user are not accepted by Q-Sensei. An explicit objection by Q-Sensei is not necessary.
1.3 These Terms are made available to the user for downloading on the Q-Sensei website (www.www.qsensei.com). In the event that the Terms are not available to the user for reasons that Q-Sensei is responsible for, Q-Sensei will, at the request of the user, send the Terms to the user in writing or as a dataset.
1.4 The user accepts the following conditions by using the Q-Sensei website or the Q-Sensei Services and Applications. If not otherwise explicitly stated, all further offers that expand or improve the current Services, including the offer of new Services, are subject to these Terms. All Services are offered in a design found appropriate by Q-Sensei and are subject to their availability.
1.5 Employees of Q-Sensei — except for the executive management — are not authorized to enter into agreements or to make any representations and warranties that differ from these Terms.
2. Description of Services and Applications
2.1 Q-Sensei is a company, which offers a platform to process data from different sources and makes the processed data available. Based on its Platform, Q-Sensei offers users API / services and applications to import, process, store, index, search, browse, and discover data.
2.2 If Data, a Service, or Application is not described or otherwise identifiable as being proprietary by Q-Sensei, Q-Sensei only assumes the position of an agent between the user and the third party.
2.3 Q-Sensei has the right to withdraw or amend the provided Services and Applications at any time, especially with regard to technical developments, changes of the business volume and the integration, or, as the case may be, deactivation of existing offers, without having to notify the user in any particular way.
3. Access to Q-Sensei Services and Applications
3.1 Q-Sensei will, to the best of its efforts, ensure full-time access to the offered Services and Applications. The access may be limited due to server maintenance and modifications of the sites, as well as in the event of high user frequency. Nothing in this agreement shall constitute a claim of the user to the access or the use of the Services provided.
3.2 Access and use of certain Services and Applications may be provided for registered users only.
4.1 Nothing in this agreement shall constitute a claim of the user to a registration at Q-Sensei. In particular, Q-Sensei may reject a registration that does not comply with this section. By registering at Q-Sensei, the user consents to storing the data he or she provides at registration on Q-Sensei’s servers.
4.2 When filling a registration on Q-Sensei, the user will not
(a) provide false personal information, especially pretend to be another person or pretend to have a relationship with another person or to have any technical or professional skills which in fact he does not have,
(b) create a user account for anyone but himself without permission or create more than one personal user account, or
(c) select an inappropriate username.
4.3 Only persons who are of legal age may register at Q-Sensei.
4.4 During the registration process, the user is required to set up a password. The password is used to restrain access to the user account. The user promises to ensure that password and user account are not made accessible to third parties or employees of Q-Sensei. The user must be sure to log out of his user account after each session. The user is responsible for all actions initiated by using his password or his user account and that are caused by the fact that the user has negligently, willfully, or intentionally provided a third-party with access to his password or his user account. The user promises to immediately notify Q-Sensei about any improper use of his password or user account and about the unauthorized circulation of the password.
4.5 Instead of filing a registration, the user may sign in using a third-party authentication service that is supported by Q-Sensei. Currently supported are Google, Facebook, Twitter, Yahoo and login via OpenID. The user grants that using third party authentication follows the rules and restrictions of the respected service. Q-Sensei may at any time set up or cancel support of third-party authentication services.
5. Third-party Services
5.1 Q-Sensei provides access to a range of partner websites that offer corresponding products and services. The conclusion and the content of an agreement for the sale of goods, rights, or the performance of services are solely subject to the respective terms provided for by the Partner. Q-Sensei may neither release nor receive any legally binding declarations or services within the implementation or the rescission of an agreement on behalf of the Partner.
5.2 Each Partner is solely responsible for the accuracy of the content provided for in his or her database. This also applies to information by the Partner as to availability, pricing, and time for delivery of the respective source. Q-Sensei does not give any guaranty as to the completeness and accuracy of the product and service information of third parties accessible through Q-Sensei.
5.3 If the user enters into agreements with third parties to purchase goods or services through the Internet or other networks, such agreements are concluded between the user and the third party exclusively. The user may raise eventual defenses arising from such transactions only with regard to the third party.
6. User-generated content
6.1 The user is solely and exclusively responsible for the content he uploads or modifies (“user-generated content”). The information, opinions, and suggestions contained in such user-generated content are not displayed in the name of Q-Sensei but do solely represent the author’s opinion and/or knowledge. Q-Sensei does not scrutinize the individual messages as to their accuracy and validity. Answering the question of another user is not part of the Services of Q-Sensei but the sole responsibility of the author of such answer.
6.2 In the event that a user uploads content on the Q-Sensei website, participates in a discussion, or interacts with Q-Sensei in another way, the user promises NOT to
(a) use Q-Sensei to do anything unlawful, misleading, malicious, or discriminatory, in particular to violate the law or good moral standards and/ or the rights of third parties,
(b) upload data of commercial or business content or for any other advertising purposes,
(c) upload data that is hateful, threatening, or pornographic (within the meaning of Sec. 184 of the German Criminal Code (StGB)), incites violence, or contains nudity or graphic or dispensable violence,
(d) upload data that infringes on or violates someone else’s rights (personal rights as well as IP rights) or that uses copyrights or trademarks or any confusingly similar marks, without permission of the respective owner,
(e) upload fictitious data,
(f) upload data, that contains viruses or other malicious code, or
(g) delete, supplement, or change content offered by the Services in a way that infringes the copyright of the content or otherwise distorts or disfigures the content.
6.3 For content that is covered by intellectual property rights, like textual contributions and images, the user grants Q-Sensei a perpetual, nonexclusive, transferable, sublicensable, royalty-free, worldwide license to use any content that is uploaded, posted, or in other ways made accessible for Q-Sensei.
6.4 Q-Sensei has the right to block, delete, or modify content that
(a) violates sec. 6.2 above.
(b) may impair the use of the Services for other users due to their length and data size.
(c) interfere with other eligible interests of Q-Sensei.
7. Developers Corner, API
7.1 Q-Sensei may release the specification of APIs for some of the Q-Sensei Services and Applications and/or other information of its products to the public or a limited circle of recipients. Q-Sensei retains the right to stop disclosure and to change the APIs at any time and without notice.
7.2 The exposed specifications are intended for use of enriching third-party services and applications or creating new modules or additions for existing ones. New modules and additions must comply with sections 6, 8, 10 and 11 of these terms. There shall be no claim against Q-Sensei to inform about, integrate, support, promote, or distribute the modules and additions created.
8. Using the Q-Sensei Services & Applications
8.1 The user may use the Q-Sensei Services and Applications by following the instructions provided on the Q-Sensei website or within the Services or Applications suite. Q-Sensei neither guarantees functionality nor special features, nor will Q-Sensei comply with any claim for support. The user will use the Q-Sensei Services and Applications at his own risk.
8.2 The user may not modify or attempt to modify any code or images provided by the Q-Sensei Services and Applications in any way.
8.3 The user may not use the Q-Sensei Services and Applications on websites that
(a) violate the law or good moral standards and/ or the rights of third parties,
(b) discriminate against third parties based on their sex, descent, race, sexual orientation, language, home country and ancestry, belief, religious or political views, or because of physical impairment or disease, or that contain or promote sexually explicit materials, violence, or illegal activities, or that violate intellectual property rights.
8.4 The user may not sell, sub-license, redistribute, transfer or store any of the content provided by Q-Sensei Services and Applications.
8.5 The user agrees that Q-Sensei may crawl or otherwise monitor the user’s application and website to verify the user’s compliance with these Terms. The user agrees that he/ she will not block or otherwise interfere with such crawling or monitoring. The user also agrees that Q-Sensei may use the data which is generated by using Q-Sensei Services and Applications for analytical and statistical purposes.
8.6 Q-Sensei has the right to block the user’s access to the Q-Sensei Services and Applications and/ or terminate this agreement if the user:
(a) violates any provisions of these Terms.
(b) impairs the use of the Q-Sensei Services and Applications for other users due to their malicious use of the Q-Sensei Services and Applications.
(c) interferes with or attempts to interfere in any manner with the proper working of the Q-Sensei Services and Applications.
8.7 The user may use the Q-Sensei Services and Applications on web pages and services operated by him. He may also use the Q-Sensei Services and Applications on web pages and services not provided by himself, as long as the use of Q-Sensei Services and Applications is in compliance with the rightful provider of the web page or service.
8.8 Q-Sensei cannot be held responsible for the unauthorized use of Q-Sensei Services and Applications on web pages or services against the compliance of the rightful provider. The user will hold Q-Sensei harmless from all claims, damages, and expenses relating to the development, operation, and maintenance of the site or service that the Q-Sensei Services and Applications are used for.
9. Liability of Q-Sensei
9.1 If Q-Sensei uploads content as a proprietary service on its websites, Q-Sensei warrants that it is authorized to display such content and to grant the user a right of use of the respective content. In this respect, Q-Sensei is liable pursuant to the respective provisions of law.
9.2 For damages other than those caused by death or personal injury, Q-Sensei is only liable, as far as they are based on willful, intentional, or grossly negligent conduct, or in the event of an at least simply negligent breach of a material contractual obligation. Material contractual obligations are obligations whose fulfillment is necessary to facilitate the due implementation of the agreement and for the due purpose of the agreement. Non material contractual obligations are particularly the accuracy, availability, and timeliness of the editorial Q-Sensei data, including their technical imprecision and spelling mistakes, as far as the use of the data is not materially impaired thereby.
9.3 Q-Sensei is not responsible for the accuracy and the content of information in the registration and/ or profile data of the users or for any other user-generated content. Q-Sensei is not liable for potential abuse of such information.
9.4 Q-Sensei has no possibility of verifying whether a registered user on the Q-Sensei website actually is the person the user pretends to be. Q-Sensei therefore does not give any warranty as to the actual identity of a user. Users must convince themselves of the identity of another user.
10. Rights of use
10.1 As to the content that is labeled as a proprietary service of Q-Sensei, Q-Sensei grants each user a simple right of use to view and make a one-time copy of such content with the “copy and paste” function of the user’s browser for private purposes. A further right to copy, modify, or display the content is not granted to the user.
10.2 The extent to which Q-Sensei grants rights with regard to data provided by Partners is subject to the agreement between the user and the respective Partner of Q-Sensei. The user also declares vis-à-vis Q-Sensei to respect the limitations contained in such agreement.
10.3 Q-Sensei conveys the right to every user to publish data on the Q-Sensei website. By uploading data for publication purposes on the Q-Sensei website, the user thereby grants Q-Sensei the nonexclusive right to use, exploit, modify, and publish such content to the largest possible extent permitted by law, in particular, to provide or in any other form publish such content for other users on Q-Sensei’s Internet domains. All users have the right to use and modify such data for personal purposes. Any further transmission of such data to third parties or their publication is not permitted. A modification of user data may not lead to their distortion.
10.4 Users who upload data on the Q-Sensei Sites warrant that they are entitled to grant Q-Sensei and the other users the rights of use referred to in the above subsection. The users indemnify Q-Sensei, its executive management, employees, and contractors from any and all claims that a third party raises with the allegation that such user has violated third-party rights by uploading data on the Q-Sensei Sites and by granting the rights of use referred to in the above subsection.
10.5 If a third party raises any claims against Q-Sensei or a user due to an illegal upload of user data, Q-Sensei may block or delete such user data. If the user is registered on Q-Sensei, he will be promptly informed about the third party’s claim. If a third party raises a claim against the user based on the upload of data on the Q-Sensei Sites, the user shall promptly inform Q-Sensei accordingly.
10.6 It is prohibited for any user to systematically collect or save profile data of other users.
11. Use and protection of data
11.1 The user is informed according to sec. 33 para. 1 of the German Federal Law on Data Protection (BDSG) and sec. 13 para. 1 of the German Telemedia Act (TMG) that Q-Sensei saves user data in machine-readable form and processes such data according to German data protection law within the scope of the agreement with the user (sec. 28 para. 1 no. 1 BDSG and stock data according to sec. 14 para. 1 TMG).
11.2 Q-Sensei automatically collects and saves on its server log files information, which the user’s browser transmits to Q-Sensei. These are: browser type/ browser version, operating system used, referrer URL (the previously visited site), host name of the accessing computer (IP adress) and time of server request. These data may be attributed to individual persons unidentifiable to us. No compilation of this data is made in other data sources; furthermore, the data is deleted after a statistical analysis.
11.3 If a user edits any of the contents on the website, the user consents to having his IP address displayed in connection with the version of the data resulting from his editing. If the user is registered or uses a third-party authentication, he consents to having his or her username displayed in connection with the version of the data resulting from his or her editing.
11.5 If a user reports a violation, the user consents to having his or her email address stored by Q-Sensei in connection with his report.
11.6 If a user is registered at Q-Sensei, other users will be able to view the information on his or her profile page. A registered user consents to the information on his profile page being visible to other users. Each user may decide which information he or she enters on his or her profile page. Q-Sensei may decide which information is mandatory for registration.
12. Copyrights and Trademarks
12.1 The Q-Sensei website, as well as the Q-Sensei Services and Applications, use trademarks and trade dresses that belong to Q-Sensei. Trademarks and trade dresses of Q-Sensei may not be used in connection with any product or service that does not belong to Q-Sensei, in any manner that is likely to cause confusion among customers or in any manner that reviles or discredits Q-Sensei. Other trademarks that are not owned by Q-Sensei but that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Q-Sensei.
12.2 The content included on the Q-Sensei website, such as text, graphics, logos, buttons, icons, images, audio clips, digital downloads, data compilations, and software, is the property of Q-Sensei or its content suppliers and protected by copyright laws. The downloadable software that may be available on this site is the property of Q-Sensei or its software suppliers and is protected by copyright law.
13.1 Cookies are files that are stored on the hard drive of the user and not on the Q-Sensei server. The information contained in such Cookies facilitates navigation. Furthermore, Cookies may be used to design content according to the user’s personal interests, to implement orders and offers or services, and to inform the user — with the user’s consent — about special offers and new products. Users may avoid the storage of Cookies on their hard drive by adjusting their browser accordingly. If users do not accept Cookies, the functionality of Q-Sensei Services may be impaired; Q-Sensei is not liable for impairments of such kind.
13.2 With the user’s consent, Q-Sensei stores the data that it collects from the user in Cookies on the user’s hard disk, and retrieves such information in connection with each further user session. In addition, in the course of ads being served on Q-Sensei’s website (e.g., using Google AdSense), third parties may be placing or reading Cookies on the user’s hard disk. Data that is collected in conjunction with the use of web beacons for serving ads may be evaluated by third parties.
14. Changes in Terms
14.1 Q-Sensei posts the Terms for the Q-Sensei Services and Applications on its websites. These Terms posted on the websites of Q-Sensei at the time of usage of the Services or Applications exclusively apply to the Services or Applications of Q-Sensei.
14.2 Changes of these Terms are posted on the websites of Q-Sensei. It is the user’s responsibility to regularly take note of the Terms. If the user does not agree with the Terms or changes of the Terms, he or she may no longer use Q-Sensei Services. Registered users will receive information about changes of Terms via email. If the registered user does not object within one month following the receipt of such notice, the changed Terms are deemed to be accepted. Together with the notice that contains the changed conditions, Q-Sensei will separately inform the registered user of his right to object and the consequences of his silence.
14.3 Terms and conditions that Q-Sensei introduces with regard to newly introduced Services and Applications are not considered to be changes of the respective Terms then in force.
14.4 If Q-Sensei introduces or raises fees for Services or Applications or the procurement of Services or Applications already existing, these fee provisions become effective if the user has been notified and does not object to such amendment within one month. The user shall be separately informed about his right to object.
15. Termination of the agreement or parts thereof
15.1 The user may terminate this agreement at any time. For that purpose, the user shall stop using Q-Sensei Services and Applications. A user registered on Q-Sensei also has to delete his or her user account.
15.2 Q-Sensei may terminate the agreement with the user for good reason at any time. Such good reason includes, but is not limited to, a willful or intentional breach by the user of the Terms or if the user does not remedy a violation after written notification within a reasonable deadline.
15.3 In addition, Q-Sensei may terminate this agreement with the user with two weeks’ notice.
15.4 Q-Sensei may terminate this agreement with respect to individual Services and Applications at any time if the agreement between Q-Sensei and a Partner is terminated. In addition, a termination of individual Services is permitted with two weeks’ notice. The termination will be announced on the Q-Sensei sites and will be effective upon expiry of the applicable deadline.
15.5 The termination of this agreement does not affect claims that have vested prior to the termination of this agreement.
If notices are to be transmitted pursuant to this agreement, such notices shall, for evidentiary purposes, be made in writing, unless the law provides for a stricter form.
17. Applicable law
This agreement and these Terms shall be governed by the substantive laws of Germany.
18. Place of performance and jurisdiction
18.1 The place of performance shall be Erfurt, Germany.
18.2 The Regional Court of Erfurt, Germany, shall have jurisdiction to adjudicate any and all disputes rising out of this Agreement, unless mandatory statutory provisions require otherwise.
If any provisions of these Terms should be or become invalid, the validity of those remaining shall remain unaffected thereby.