Terms and Conditions
Last updated: 2017-08-21
Welcome to our Terms of Service. We try to keep this document as short and as readable for you as possible.
The following terms and conditions apply to all services and products of Colloq and include all content services and products available at or through Colloq. Colloq is operated by foobartel Ltd, a company registered under the laws of Hong Kong. Theses terms and conditions shall apply to all users of the services, including users who are also contributors of content on the services.
Colloq is incorporated under the laws of Hong Kong, and by using our service you accept our agreements without condition.
- The „Service“ refers to applications, software, products and services that are provided by Colloq.
- „Website“ refers to our website at colloq.io
- „The User“, „You“, „Your“ refer to an individual person, company, or organisation that has visited or is using the Website or Service.
- „Colloq“, „We“, „Us“ refer to foobartel Ltd. as well as, but not limited to, our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.
- „Content“ refers to content available through our Website or our Service. “User-Generated Content” is Content, written or otherwise, created or uploaded by our Users.
Colloq may terminate parts of or the complete Service at any time.
You are responsible to ensure that your use of the Service complies with the laws and any applicable regulations.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, or access to the Service without Colloq’s express written permission. You may not extract any data from our Website, especially by using an automated process for commercial (i.e. directly or indirectly in connection with any business, or other undertaking intended for profit) or spamming purposes, including for the purposes of selling Colloq users' personal information, such as to recruiters, headhunters, and job boards. You agree not to engage in any activity that significantly harms our users. We will resolve disputes in favor of protecting our users as a whole.
You undertake to use our services exclusively for legal and authorized purposes in accordance with applicable laws and regulations.
Colloq is not able to review all User-Generated Content and therefore cannot be held liable for content that we haven’t created. We do not represent or endorse content published by others. It may therefore be possible that the Service contains harassing, offensive, violent content or harmful, destructive content like viruses or trojans. Colloq may contain content that violates copyright, laws, publicity rights of third-parties parties. If you encounter any such content please inform us immediately.
Colloq is not responsible for content published by others and cannot be held liable for any damages caused by such content.
Third-Party Data Sharing
Colloq’s software is hosted in Amsterdam, Netherlands and Frankfurt, Germany. Emails are sent through the same servers or via Amazon Web Services in Ireland (“External services”). We use a third-party provider to collect payments for purchases or subscriptions. You agree to use the External Services at your sole risk.
Colloq shares the minimum amount of data necessary with these services. By connecting to them, you grant Colloq the right to use and store the public information that is available to us.
We use third party services to operate Colloq. We try to share and store as little information as possible.
Using our Service and accessing your Content may require an account. We offer different types of accounts for users to enhance their experience on the website: a free account and different kinds of paid subscription accounts. You are responsible for maintaining its security and confidentiality. Colloq will not be liable for the actions of a user’s account. Please contact Colloq if you suspect that your account has been compromised.
Users can delete their account at any time. If You do, We will do our best to keep the sole data needed to ensure continuity of the Service. You acknowledge that caching, backups or references to the content may not be made immediately unavailable.
We may suspend or terminate your account in case of infringement of the Agreements. Deleting an account terminates these Agreements, but grants us an indefinite license for content you collaborated to the service (e.g. event pages). This ensures that we can continue to provide this content beyond the termination of the Agreements.
However, certain provisions of these Agreements shall survive termination.
You are responsible for the actions that are performed by the account that we provide to you. Colloq and yourself can terminate your account at any time, but we require you to grant us permission to display your contributed content, in order to ensure the continuity of the services provided by Colloq.
Users are not allowed to share any illegal, offensive, sexually obscene, fraudulent or harassing content and may not post texts or images that they don’t own the copyright for or have explicit permission for.
You retain ownership of and responsibility for content you create even if it does not belong to you. You grant Us and our legal successors the right to store and display your Content and make incidental copies as necessary to render the Website and provide the Service. By uploading content to Colloq, you hereby grant Colloq a worldwide, non-exclusive, royalty-free sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, adapt, make available online or electronically transmit, and perform the Content you post. We may edit and alter User-Generated Content to correct errors or remove inappropriate content at any time without notification. This license does not grant Colloq the right to sell your Content or otherwise distribute it outside of our Service.
You grant us a non-exclusive and royalty-free right to use the content you generated in order to operate our services.
Colloq is a platform that promotes events and allows reasonable self-promotion. We require any promotions on any page of Colloq to not be intrusive, violent, harassing, annoying or promoting illegal products, services or activities. We don’t allow spamming or bulk-creating content or any other form of showing content that causes annoyance to our users on Colloq. We reserve the right to delete any inappropriate content once we get knowledge about the abuse and to take further action against anyone who may be responsible for the violations of our Agreements, including, but not limited to, blocking access to our Service without refund. We may also take legal action, if necessary.
We allow reasonable promotion but may intervene to keep our content clean.
Colloq offers services through one-time purchases and subscriptions to give users access to premium features or services for their events or their personal accounts. The according pricing is available through the Service and may change over time and be different at the end of a payment term. Pricing changes that affect a currently active subscription will be announced 14 days before renewal. All transactions are final and our services are paid in advance and are not refundable. By agreeing to these terms You give Us permission to charge the fees that you have authorized for Colloq to your provided payment method. All payment information are handled exclusively by our third party payment provider. We never store your credit card details.
We reserve the right to delete your account at any time. If you terminate an account before your active subscription expires, you will not be entitled to a refund, even partial. Subscriptions are billed in advance on a monthly basis and are non-refundable. We will not offer refunds or credits for partial months of service. Our Service will remain active for the length of the paid billing period.
In order to treat everyone equally, no exceptions will be made.
To provide a sustainable business we offer optional paid services. Prices and features might change at any time and we do not offer refunds. In order to treat everyone equally, no exceptions will be made.
Content Posted On Other Websites
The Service contains links to other websites. The contents of other websites, services, goods or advertisements that may be linked from the website are not maintained or controlled by Colloq. Therefore, Colloq is not responsible for the availability, content or accuracy of other websites. By leaving Colloq’s website through a link, we do not endorse or imply correctness of the content on the references’ sites. It is Your responsibility to protect yourself from linked websites. Colloq disclaims any responsibility for any harm resulting from Your use of non-Colloq websites and webpages.
We are not responsible for content that we don’t own and control.
Security & Confidentiality
You will not attempt to disrupt or tamper with Colloq’s servers in any way and most particularly in a way that could harm our website or the Service. Any security breach must be reported in a secure way directly to Colloq. We should be given an appropriate time to investigate the issue before it is disclosed publicly.
We take security seriously and we expect people who find any data leak or security issue to contact Us immediately in private and share the details only with Us to keep our Users safe.
Any security breaches found must be privately reported to us.
We reserve the right, at our sole discretion, to change, extend or remove content of these Terms of Service at any time by changing the content of this page consecutively. We will provide notice of such changes by revising the date at the top of this page. If our Users are affected by material amendments to these agreements, such as a pricing change, we will notify them at least 14 days prior to the change by posting a notice on Colloq. Therefore, it is your responsibility to periodically review these Terms of Service for any changes.
For any modifications, by continuing to use our Services, you agree to be bound by these Terms of Service as modified.
We may modify this agreement without notice, unless the amendments are related to pricing changes in which case we will respect a 14 days’ notice.
Disclaimer of Warranties
Our Services are provided “as is”. Colloq and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Colloq nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. We may not be held liable if our Service is, temporarily or definitively, suspended or shut down.
You understand that you download from, or otherwise obtain content or services through our Services at your own discretion and risk.
We provide our services “as is”. We make no promises or guarantees about this service.
Limitation of Liability
In no event will We be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for:
- any special, incidental or consequential damages;
- the cost of procurement for substitute products or services;
- for interruption of use or loss or corruption of data; or
- for any amounts that exceed the fees paid by you to Colloq under this agreement during the twelve (12) month period prior to the cause of action. Colloq shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Colloq will not be liable for any damage or loss emerging from your use or inability to use our services or otherwise arising under these agreements.
You agree to indemnify and hold harmless Colloq or foobartel Ltd., its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement. This defense and indemnification obligation will survive these Agreements and your use of the Service.
You alone are responsible for your use of our services. If you harm someone else or get into a dispute with someone else, we will not be involved.
This Agreement constitutes the entire agreement between Colloq and You concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorised executive of Colloq, or by the posting of a revised version by Colloq.
Except to the extent of applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services, shall be governed by the laws of Hong Kong, Hong Kong, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Hong Kong, Hong Kong. The arbitration shall take place in Hong Kong, Hong Kong, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Colloq may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
This Agreement contains section titles and brief summaries of the terms and conditions. These are not part of the official terms and therefore are not legally binding.
This Agreement represents the complete and exclusive statement between you and us. This Agreement supersedes any oral or written proposal or prior agreements, and any other communications between you and Colloq.
If you have any further questions about our Terms of Service, please contact us.
Parts of this Terms of Service document are adapted from Automattic’s Open Source legal documents, licensed under Creative Commons Attribution-ShareAlike 4.0 International license. The complete Terms of Service of Colloq are therefore licensed under the same Creative Commons Attribution-ShareAlike 4.0 International license.