Terms and Conditions

Last modified 1 February 2017

These terms and conditions govern your access to and use of any websites, mobile sites, mobile applications, products or services offered by ombaQ.

Please read this terms and conditions carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions. If you do not agree to all the terms and conditions, then you may not access the Website or use any services.

ombaQ may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. ombaQ may also impose limits on certain features and services or restrict User's access to parts or all of the Services without notice or liability.

1. Definitions

"Authorized Users"" means individuals who are directly accessing the Services via an online sign-up process, or individual users authorized by you to use the Services and who you have supplied user identifications and passwords to. Authorized Users may include your employees, consultants, contractors, agents, or your other designees, but shall not include any employee or agent of any ombaQ competitor.

"Customer Content"" means all information and data (including text, images, photos, videos, audio, and documents) or any other content in any media and format provided or made available to ombaQ by or on your behalf in relation to the use of the Services.

"Mentions" means the information, including links, posts, and excerpts, that has been made publicly available and obtained by ombaQ on your behalf from the Internet, and data derived therefrom, including reports, summaries, graphs, and charts.

"Services" means services provided to you by ombaQ, excluding Third-Party Services.

"Third-Party Services" means products, services, applications, or websites made available by third parties through the Services (i.e., companies or people who are not ombaQ).

2. Restrictions

  1. Services. During the Term, subject to the terms and conditions, and solely for your personal or internal business purposes, ombaQ grants you and your Authorized Users a right to access and use our Services.
  2. Updates and Functionalities. You acknowledge that from time to time ombaQ may apply updates to the Services and that such updates may result in changes in the appearance and/or functionality of the Services (including the addition, modification, or removal of functionality, features, or content). You acknowledge that the Services interoperate with several external platforms, and that the Services provided are highly dependent on the availability of such external platforms.
  3. Acceptable Use.
    • You shall
      1. be responsible for your and your Authorized Users’ compliance with these Terms of Service,
      2. be solely responsible for the accuracy, quality, integrity, and legality of Customer Content and of the means by which you acquired or generated Customer Content;
      3. use commercially reasonable efforts to prevent unauthorized access to or use of the Services, including keeping you password and username confidential and not permitting any third party to access or use your user name, password, or account for the Services;
      4. be solely responsible and liable for all activity conducted through your account in connection with the Services;
      5. promptly notify ombaQ if you become aware of or reasonably suspects any security breach, including any loss, theft, or unauthorized disclosure or use of your (or any Authorized User’s) user name, password, or account;
      6. use the Services only in accordance with applicable laws and government regulations;
      7. comply in all respects with all applicable terms of the Third-Party Services that you subscribe to or otherwise access in connection with your use of the Services.
    • You must not
      1. make the Services available to anyone other than to your Authorized Users;
      2. use the Services to store or transmit any content, including Customer Content, that may be infringing, defamatory, threatening, harmful, or otherwise tortious or unlawful, including any content that may violate intellectual property, privacy, rights of publicity, or other laws, or send spam or other unsolicited messages in violation of applicable law;
      3. upload to, or transmit from, the Services any data, file, software, or link that contains or redirects to a virus, Trojan horse, worm, or other harmful component;
      4. shall not, nor permit anyone else to, directly or indirectly:
        1. reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or underlying algorithms of all or any part of the Service (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law);
        2. modify or create derivatives of any part of the Service;
        3. rent, lease, or use the Service for timesharing or service bureau purposes; or
        4. remove or obscure any proprietary notices on the Service. As between the parties, Company shall own all title, ownership rights, and intellectual property rights in and to the Service, and any copies or portions thereof.
        5. use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Service or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service. ombaQ reserves the right to bar any such activity.
        6. attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service or to any ombaQ server, or to any of the services offered on or through the Service, by hacking, password "mining", or any other illegitimate means.
        7. probe, scan or test the vulnerability of the Service or any network connected to the Service, nor breach the security or authentication measures on the Service or any network connected to the Service.
      5. Responsibility for Customer Content - You are solely responsible for the Customer Content that you or Authorized Users upload, publish, display, link to, or otherwise make available via the Services, and you agree that ombaQ is only acting as a passive conduit for the online distribution and publication of the Customer Content and the online display of Queries and Mentions. ombaQ will not review, share, distribute, or reference any Customer Content. ombaQ does not support the distribution of any content that against government regulation (e.g pornographic, race etc)
      6. access the Services in order to build a competitive product or service or copy any ideas, features, functions, or graphics of the Services;
      7. attempt to gain unauthorized access to the Services or its related systems or networks; or
      8. authorize, permit, or encourage any third party to do any of the above.
      9. User shall not use the Service or any Customer Content for any purpose that is unlawful or prohibited by this terms and conditions.

3. Registration

As a condition to using certain products and services of the Service, User may be required to register with ombaQ and select a password.
User shall provide ombaQ with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of User's account.
ombaQ reserves the right to refuse registration of, or cancel a ombaQ User in its discretion. User shall be responsible for maintaining the confidentiality of User's ombaQ password and other account information.

4. Termination

ombaQ may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately.

If you wish to terminate this service or your ombaQ account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, ombaQ can terminate the service or your ombaQ account if you materially breach this terms and conditions and fail to cure such breach within thirty (30) days from ombaQ’s notice to you thereof; provided that, ombaQ can terminate the Website immediately as part of a general shut down of our service. All provisions of this terms and conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

5. Indemnification

You agree to indemnify and hold harmless ombaQ, 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 the Website, including but not limited to out of your violation this terms and conditions

6. Privacy

ombaQ 's current privacy policy is available at the Site, which is incorporated by this reference. ombaQ strongly recommends that you review the Privacy Policy closely.