This Terms of Service (the "Agreement") is made by and between Qstarz International Co., Ltd. ("Qstarz") and you (either an individual or entity, as applicable, "you"). This Agreement governs your use of the Qstarz website, webpages, mobile application, online services, and any materials, data and information that you access through the website (collectively, the "Qstarz Sites"). PLEASE READ THESE TERMS CAREFULLY BEFORE USING ANY QSTARZ SITE.By using any Qstarz Site you signify your agreement to these Terms of Service. If you do not agree to these Terms of Service, you may not use the Qstarz Sites.
Note that special terms might apply to some services or features offered on certain Qstarz Sites. These terms are posted in connection with the applicable service or feature. Any such terms are in addition to these Terms of Service, and in the event of a conflict, prevail over these Terms of Service.
Qstarz may modify these Terms of Service at any time by updating this posting. You are bound by any such modification and should therefore visit this page periodically to review these Terms of Service. Your continued use of the Qstarz Sites after a modification signifies your agreement to the modification.
The content contained on Qstarz Sites, such as text, graphics, images, audio, video and other material, as well as the domain names, tagline, organization and user look-and-feel (collectively, the "Content"), is protected by copyright, trademark and other such laws in the United States and foreign countries, and is owned or controlled by Qstarz or by third parties that have licensed their Content to Qstarz. Unauthorized use of the Content may violate copyright, trademark, and other laws. Where a Qstarz Site is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that (a) you retain all copyright and other proprietary notices contained in the original Content, (b) you may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose without the prior written permission of Qstarz, and (c) you may not use the Content in a manner that suggests an association with any of our products, services or brands.
You may not, without the prior written permission of Qstarz, "mirror" on any other server any material contained on any Qstarz Site. The use of the Content on any other Web site or in a networked computer environment for any purpose is prohibited, without the express written permission of Qstarz. The trademarks, logos and service marks (the "Marks") displayed on the Qstarz Sites are owned by Qstarz or third parties. You are prohibited from use of those Marks without the express, written permission of Qstarz or such third party. If you would like information about obtaining Qstarz's permission to use the Content on your Web site, e-mail info@Qstarz.com.
In the event that we offer downloads of software on a Qstarz Site and you download such software, the software, including without limitation any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") is licensed to you by us or third-party licensors for your personal, noncommercial home use only. We do not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form. UNLESS OTHERWISE SPECIFICALLY AND EXPRESSLY STATED ELSEWHERE, QSTARZ HEREBY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SOFTWARE, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WHETHER SUCH WARRANTIES ARE EXPRESS, IMPLIED OR STATUTORY.
QSTARZ SHALL NOT BE LIABLE FOR (1) ANY INACCURACY, ERROR IN OR FAILURE OF THE SOFTWARE; (2) ANY LOSS OR DAMAGE (INCLUDING WITHOUT LIMITATION ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES) ARISING FROM ANY DOWNLOAD OR USE MADE OF THE SOFTWARE, OR OCCASIONED BY ANY SUCH INACCURACY, ERROR OR FAILURE OF THE SOFTWARE. IF ANY OF THE ABOVE PROVISIONS ARE VOID UNDER APPLICABLE LAW, QSTARZ'S LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
THE QSTARZ SITES, MATERIALS (INCLUDING ALL SOFTWARE), AND SERVICES AT THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. QSTARZ DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED, ACCURATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE QSTARZ SITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. QSTARZ DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, INABILITY TO USE, OR THE RESULT OF USE, OF THE WEBSITE IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT OF THE QSTARZ SITES MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. YOU, AND NOT QSTARZ, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE WEBSITE. QSTARZ FURTHER MAKES NO WARRANTIES AS TO THE ACCURACY OF ANY CONTENT ACCESSED FROM ANY QSTARZ SITE, THIRD PARTY WEBSITES, OR OTHERWISE OBTAINED BY YOU. Qstarz obligations with respect to its products and services are governed solely by the agreements under which they are provided and nothing on this site should be construed to alter such agreements. Qstarz further does not warrant the accuracy and completeness of the materials, software or services at this site. Qstarz may make changes to the materials and services at this site, or to the products and prices described in them, at any time without notice. The materials and services at this site may be out of date, and Qstarz makes no commitment to update the materials and services at this site. Applicable law may not allow the exclusion of implied warranties, so this exclusion may not apply to you.
Some services on the Qstarz Sites permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the "Registration Data"). You agree not to impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph. You also agree to notify us promptly at info@Qstarz.com of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to any Qstarz Site.
We may suspend or terminate your account and your ability to use any Qstarz Site or portion thereof for failure to comply with these Terms of Service or any special terms related to a particular service.
IN NO EVENT WILL QSTARZ, ITS AFFILIATES, SUPPLIERS, LICENSORS, EMPLOYEES, AGENTS, OR OTHER THIRD PARTIES MENTIONED AT THIS WEBSITE BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, GENERAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT QSTARZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Any software that is made available to download from Qstarz sites is the copyrighted work of Qstarz and/or its suppliers. Use of the software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the software (“License Agreement”). You may not download or install any software that is accompanied by or includes a License Agreement unless you have read and accepted the terms of the License Agreement. REPRODUCTION OR REDISTRIBUTION OF THE SOFTWARE IS PROHIBITED EXCEPT AS PROVIDED FOR IN THE APPLICABLE LICENSE AGREEMENT.
Qstarz does not want to receive confidential or proprietary information from you through this site. Any material, information or other communication you transmit or post to this site will be considered non-confidential and non-proprietary. Qstarz will have no obligations with respect to the communications. Qstarz and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. Personally identifiable information that you submit to Qstarz for the purpose of receiving products or services will be handled in accordance with the Qstarz online privacy statement. You are prohibited from posting or transmitting to or from this site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law. You may from time to time provide suggestions, comments or other feedback to Qstarz regarding Qstarz' current or future products and services, including the Website (collectively, "Feedback"). You agree that such Feedback, even if designated as confidential by you, shall not create confidentiality obligation hereunder for or upon Qstarz or its suppliers. You warrant that You have all rights necessary to disclose to Qstarz any Feedback that you so disclose, and you shall not provide any confidential information of any third party to Qstarz unless authorized to do so.
The Qstarz Sites may contain forums and other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, "Communications Services"). You are solely responsible for all content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Communications Services. You agree to use the Communication Services only to post, send and receive messages and content that are proper and related to the particular Communication Service.
Rules of Conduct: you agree that you will not submit any User Submission on any Qstarz Site that:
We cannot and do not assure that other users are or will be complying with the foregoing Rules of Conduct or any other provisions of these Terms of Service, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
We reserve the right, but disclaim any obligation or responsibility, to refuse to post or communicate or remove any User Submission from any Qstarz Site that violates these Terms of Service (including the Rules of Conduct).
As between you and Qstarz, any and all copyright, patent, trademark, service mark and other intellectual property or proprietary rights ("Intellectual Property") associated with the Website are the sole property of Qstarz or its affiliates. Such items are protected by laws in the Unites States and in other countries. Elements of the Website are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. As between you and Qstarz, all custom graphics, icons, logos, and other items that appear on the Website are trademarks, service marks, or trade dress of Qstarz and its affiliates or licensors. Except as expressly provided herein, Qstarz does not grant to you any express or implied rights to Qstarz’ or any third party’s Intellectual Property. You may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other Intellectual Property notice or legend appearing on the Website. All rights not expressly granted herein are reserved by Qstarz. Any unauthorized use of the content appearing on this Website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
The content of the Qstarz Sites is: Copyright ©, Qstarz International Co., Ltd., 6F-2, No. 160, Sec. 6, Ming-Chuan Ed. Rd., Taipei, Taiwan. All rights reserved.
You will indemnify, defend and hold Qstarz, its affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors harmless from and against any and all liabilities, claims, losses and expenses, including attorneys' fees, which arise directly or indirectly from, or relate to (a) your breach of this Agreement; (b) your use of the Qstarz Sites; (c) any submissions or Feedback you provide; and (d) your violation of any law or the rights of any third party.
Third Party Links
Qstarz Sites may contain links to third-party websites which are not maintained by, or related to, Qstarz. Links to such websites are provided as a service to users and are not sponsored by or affiliated with the Website or Qstarz. Qstarz has not reviewed such websites and is not responsible for the content of those websites. Qstarz is not responsible for webcasting or any other form of transmission received from any linked website. Links are to be accessed at your own risk, and Qstarz makes no representations or warranties about the content, completeness or accuracy of these links or the websites linked to the Website. Qstarz provides links as a convenience, and the inclusion of any link to a third-party website does not imply endorsement by Qstarz of that website or any association with its operators.
This agreement is governed by the laws of Taiwan and any dispute will be heard by the courts in Taiwan. Failure by Qstarz to enforce any right or provision of this agreement shall not constitute a waiver of such right or provision. If any part of this agreement is held invalid or unenforceable, that part will be construed to reflect the party's original intent, and the remaining portions will remain in full force and effect.
Effective Date: Aug. 16, 2018
Your privacy is very important to us. Please read below to see how Qstarz handles information. Before you get to the details, here are a few of our fundamental privacy principles:
Qstarz is headquartered in Taipei Taiwan and our Services are provided to you by Qstarz International Co., Ltd. If you are a resident of the European Union (“EU”), Qstarz International Co., Ltd. is the controller of your personal data for the purposes of EU data protection law.
We process your information in furtherance of our legitimate interests, including:
Qstarz collects information about you, including information that directly or indirectly identifies you, if you or your other members choose to share it with Qstarz. We receive information in a few different ways, including when you complete or upload log data using the Services. Qstarz also collects information about how you use the Services. There are also several opportunities for you to share information about yourself and your racetracks with Qstarz. For example:
When you visit the Services, a cookie will be stored on your computer. Generally, cookies and similar technologies work by assigning to your browser or device a unique number that has no meaning outside of Qstarz. Qstarz uses these technologies to personalize your experience and to assist in delivering content specific to your interests. Additionally, after you've entered your member ID and password during a session on the Services, Qstarz saves that information so you don't have to re-enter it repeatedly during that session.
Most browsers automatically accept cookies. To manage the collection of information through cookies or other equivalent technology you can use the settings on your browser or mobile device. Qstarz is committed to providing you choices to manage your privacy and sharing. Not accepting cookies may make certain features of the Services unavailable to you. Qstarz may also use your IP address to identify you, to administer the Services and to assist in diagnosing problems with Qstarz's servers.
The Services use log files. Stored information includes IP addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks. This information is used to analyze trends, administer, protect and secure the Services, track member movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses, etc., may be linked to session IDs, athlete IDs and device identifiers.
We also use your information to analyze, develop and improve the Services. To do this, Qstarz may use third party analytics providers to gain insights into how our Services are used and to help us improve the Services. Additionally, your information may be shared with third parties, as set forth below.
We use your information to communicate with you about the Services, send you marketing communications (where you have agreed to receive such messages), or let you know about new features or updates to our Terms of Service. We also use your information to respond to you when you contact us. Qstarz will use your information to communicate with you, for example by sending you notifications.
We may share your information with third parties who provide services to Qstarz such as supporting and improving the Services or promoting the Services. These service providers will only have access to the information necessary to perform these limited functions on our behalf and are required to protect and secure your information. We may also engage service providers to collect information about your use of the Services over time on our behalf so that we or they may promote Qstarz or display information that may be relevant to your interests on the Services or other websites or services.
Subject to your privacy settings, your information and content may be publicly accessible.
We may preserve and share your information with third parties, including law enforcement, public or governmental agencies, or private litigants, within or outside your country of residence, if we determine that such disclosure is reasonably necessary to comply with the law, including to respond to court orders, warrants, subpoenas, or other legal or regulatory process. We may also retain, preserve or disclose your information if we determine that disclosure is reasonably necessary or appropriate to prevent any person from death or serious bodily injury, to address issues of national security or other issues of public importance, to prevent or detect violations of our Terms of Service or fraud or abuse of Qstarz or its members, or to protect our operations or our property or other legal rights, including by disclosure to our legal counsel and other consultants and third parties in connection with actual or potential litigation.
We take several measures to safeguard the collection, transmission and storage of the data we collect. Although we strive to employ reasonable protections for your information that are appropriate to its sensitivity, we do not guarantee or warrant the security of the information you share with us and we are not responsible for the theft, destruction, loss or inadvertent disclosure of your information or content. No system is 100% secure. The Services uses industry standard Secure Sockets Layer (SSL) technology to allow for the encryption of personal information. Qstarz’s secure servers protect this information using advanced firewall technology.
To help ensure that these measures are effective in preventing unauthorized access to your private information, you should be aware of the security features available to you through your browser. You should use a security-enabled browser to submit your credit card information and other personal information at the Services. Please note that if you do not use a SSL-capable browser, you are at risk for having data intercepted.
Most browsers have the ability to notify you if you change between secure and insecure communications, receive invalid services identification information for the Services you are communicating with, or send information over an unsecured connection. Qstarz recommends that you enable these browser functions to help ensure that your communications are secure. You can also monitor the URL of the services you are visiting (secure URLs begin with https:// rather than http://), along with the security symbol of your browser to help identify when you are communicating with a secure server.
While Qstarz continues to work hard to protect your personal information, no data transmission over the Internet can be guaranteed to be absolutely secure, and Qstarz cannot ensure or warrant the security of any information you transmit to Qstarz. Transmitting personal information is done at your own risk.
You may correct, amend or update profile or account information that is inaccurate at any time by adjusting that information in your account settings. If you need further assistance, please contact Qstarz at email@example.com. Qstarz will generally respond to your request within 3-7 business days.
You may request that your account is deleted. Once deleted, your data, including your account, racetracks and place on Services cannot be reinstated.
If you are habitually located in the European Union, you have the right to access, rectify, download or erase your information, as well as the right to restrict and object to certain processing of your information. While some of these rights apply generally, certain rights apply only in certain limited circumstances. We describe these rights below:
You can access much of your information by logging into your account. If you require additional access or if you are not a Qstarz member, contact us at firstname.lastname@example.org.
You can also rectify, restrict, limit or delete much of your information by logging into your account. If you are unable to do this, please contact us at email@example.com. Qstarz will generally respond to your request within 3-7 business days.
Where we process your information based on our legitimate interests explained above, or in the public interest, you can object to this processing in certain circumstances. In such cases, we will cease processing your information unless we have compelling legitimate grounds to continue processing or where it is needed for legal reasons.
Should you wish to raise a concern about our use of your information (and without prejudice to any other rights you may have), you have the right to do so with your local supervisory authority.
The Services are operated from Taiwan. If you are located outside of Taiwan and choose to use the Services or provide information to us, you acknowledge and understand that your information will be transferred, processed and stored in Taiwan, as it is necessary to provide the Services and perform the Terms of Service. Taiwan privacy laws may not be as protective as those in your jurisdiction.
We retain information as long as it is necessary to provide the Services to you and others, subject to any legal obligations to further retain such information. Information associated with your account will generally be kept until it is no longer necessary to provide the Services or until you ask us to delete it or your account is deleted whichever comes first. Following your deletion of your account, it may take up to 30 days to fully delete your personal information and system logs from our systems. Additionally, we may retain information from deleted accounts to comply with the law, prevent fraud, collect fees, resolve disputes, troubleshoot problems, assist with investigations, enforce the Terms of Service and take other actions permitted by law. The information we retain will be handled in