Forums Code of Conduct

Last Updated December 11, 2023

About Quagensia’s Forums

The Quagensia Forums (“Forums”, “Support Forums”, “Discussion Forums”) are a civilized place for our users to get their technical questions answered, answer questions and help others, share feedback and ideas, learn new skills, and interact and connect with other Quagensia users of all different skill levels and professional interests.

Our Forums are offered subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Quagensia’s Terms of Service, Quagensia’s Privacy Policy, Quagensia’s Cookie Policy, and Quagensia’s Digital Millennium Copyright Act (“DMCA”) Policy), and procedures that may be published from time to time by Quagensia (collectively, the “Agreement”). You agree that we may automatically upgrade our Forums, and the Agreement will apply to any upgrades. Please read the Agreement carefully before accessing or using our Forums. By accessing or using any part of our Forums, you agree to become bound by the Agreement. If you do not agree to all the terms of the Agreement, then you may not access or use our Forums.

By participating in the Forums, you are agreeing to our Terms of Service, Privacy Policy, Cookie Policy, Digital Millennium Copyright Act (“DMCA”) Policy, and this “Forums Code of Conduct”, also referred to as “Code of Conduct” or “Agreement”.

This Code of Conduct does not modify our Terms of Service and is not intended to be a complete list. Quagensia retains full discretion under our Terms of Service to remove any Content or terminate any accounts for activity that is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or our Terms of Service.

The terms “Quagensia”, “Quagensia, Inc.”, “the Company”, “we”, “us”, “our”, or “ours” refer to Quagensia, Inc., as well as our shareholders, officers, directors, subsidiaries, licensors, contractors, agents, and employees. The terms “you”, “your”, “yours”, and “user” apply both to individuals and entities that access or use our Forums. If you are an individual using our Forums on behalf of an entity, you represent and warrant that you have the authority to bind that entity to the Agreement and that by using our Forums, you are accepting the Agreement on behalf of that entity.

“Forums”, “Support Forums”, or “Discussion Forums” refers to the Communities and Forums and all of the functionality of the Communities and Forums that exist on the quagensia.com domain or a subdomain of it or that are listed as “official Quagensia” communities, including but not limited to any official Quagensia Discord servers and any official Quagensia Facebook groups, at the following URL: https://www.quagensia.com/portal/web/forums. The Forum functionality that is included in the definition of “Forums”, “Support Forums”, or “Discussion Forums” includes, but is not limited to, actual Forums, with Forum “topics” or “threads”, “posts”, and “replies”, chat, private messages and emails sent between users and between users and the Company via the Forum functionality, and any other feature that is accessible from within the Forums, as well as any comments areas on any web page on either the quagensia.com domain or any subdomain of the quagensia.com domain or in any community or forum that is listed as an “official Quagensia” community, including but not limited to any official Quagensia Discord servers and any official Quagensia Facebook groups, at the following URL: https://www.quagensia.com/portal/web/forums.

A “Forum” is a single Forum, “Channel”, or “Group” that belongs to the collection of Forums, “Channels”, and/or “Groups” that collectively make up our “Forums”. While your use of each Forum is bound by the rules in this Code of Conduct, each separate “Forum” in our “Forums” may have other rules; for instance, a certain Forum may allow certain types of Commercial Content subject to certain restrictions while another Forum may allow no Commercial Content.

“User Content” is content or messages posted or submitted to the Forums by a “User”, also called a “Member”.

“Your User Content” is User Content that you post or submit to the Forums.

“Content” is content or messages posted or submitted to the Forums by a User or by the Company.

With this Code of Conduct, we hope to help you understand how best to collaborate in the Forums, what you can expect from moderators, and what type of actions or Content may result in temporary or permanent suspension from Forums participation. We will investigate any abuse reports and may moderate Content within the Forums that we determine to be in violation of either the Quagensia Terms of Service or this Code of Conduct.

Quagensia users worldwide bring wildly different perspectives, ideas, and experiences, and range from people who created their first trading strategy with an edition of the Quagensia Desktop Application last week to some of the most advanced Quagensia Desktop Application users in the world. We are committed to making the Quagensia Forums a welcoming environment for all the different voices and perspectives here, while maintaining a space where people are free to express themselves.

Additional Terms of Service that Apply to our Forums

Here are additional terms of service that apply to our Forums. These are in addition to, and not in replacement of, all other provisions of our Terms of Service.

Minimum Age Requirement. You represent and warrant to Quagensia that you are over the age of 18 and that you are of legal age to form a binding contract with Quagensia. Furthermore, you agree not to submit any personally identifiable information about persons under 18 years of age via our Forums or submit such information to the Company via any other means. If you are a resident of a country outside the United States, your country’s minimum age may be older; in such a case, you are responsible for complying with your country’s laws. If you’re under the age of 18, you may not have an account on the Quagensia Forums. Quagensia does not knowingly collect information from or direct any of our Content specifically to children under 18. If we learn or have reason to suspect that you are a user who is under the age of 18, we will unfortunately have to close your Quagensia Forums accounts. Please see our Terms of Service for more information about account termination.

No Objectionable Content. You agree not to supply or post any Content or message that is abusive, belligerent, profane, obscene, libelous, slanderous, racist, bigoted, vulgar, lewd, lascivious, scandalous, filthy, hateful, threatening, violent, harassing, rude, insulting, disrespectful, inflammatory, defamatory, distasteful, uncivilized, harmful, tortious, illegal, unethical, plagiaristic, argumentative without merit, used for revenge or to vent your anger against any person, company, or entity, meant as a personal attack, meant to troll, or sexually explicit or otherwise offensive, objectionable, or inappropriate in a professional setting (as determined by the Company). You agree not to use the Forums or its resources to insult, harass, bully, or attack other people. You agree not to promote or encourage illegal conduct. You may not threaten violence towards others or use the Forums to organize, promote, or incite acts of real-world violence or terrorism. In extraordinary cases, we may report threats of violence to law enforcement if we think there may be a genuine risk of physical harm or a threat to public safety. You warrant that Your User Content does not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap. You warrant that Your User Content does not otherwise violate, or link to material that violates, any provision of this Agreement or any applicable law or regulation. You warrant that Your User Content does not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner and does not violate any federal or state law concerning child pornography or otherwise intended to protect the health or well-being of minors. You warrant that Your User Content does not ridicule, mock, disparage, intimidate, or abuse anyone, does not advocate the violent overthrow of any government, does not incite, encourage or threaten physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights or any other rights of any person, company, entity or other third party. Usernames are considered to be “Your User Content” also, therefore you warrant that your username adheres to the same rules for objectionable or illegal Content as described in this Code of Conduct; we reserve the right to change your username at any time for any reason at our discretion.

No Commercial Activities Unless Otherwise Noted. You agree not to use the Forums or its functions to promote your own or any other business or commercial activity unless otherwise explicitly permitted by the rules and guidelines of a given Forum, and even then you agree to abide by all other restrictions on commercial activities as described in the given Forum’s rules and guidelines.

Off-Forum Links Are Highly Restricted. You agree that any links you share in the Forums are shared with the intent of providing relevant and appropriate information. You agree not to post links simply to drive traffic or attention to a site. Links should always be accompanied by a full explanation of the content and purpose of the link. Posting or submitting links, especially unsolicited ones, without relevant and valuable context can come across as advertising or as serving malicious purposes. Don’t post links that don’t add value to the Topic.

No Spamming. You agree not to use the Forum’s functionality for unauthorized mail or messages or any form of “spamming.” You agree not to post advertisements, link to spammy websites, or otherwise vandalize the Forums. These Forums are meant for Quagensia users to discuss the Quagensia Desktop Application and Quagensia-enhanced content, learn, and share ideas with one another, not for advertising or other spam-like content. Content that we deem spammy will be removed.

No Hacking. You agree not to circumvent any Forum protections and safeguards. You agree not to redirect messages and communication to other sites. You agree to not use the Quagensia Forums for exploit delivery (e.g., using the Forums as a means to deliver malicious executables) or as attack infrastructure (e.g., organizing denial of service attacks or managing command and control servers). You agree to not attempt to gain unauthorized access to the Forums, or the computer systems or networks connected to the Forums, through hacking, password mining, or any other means.

Truthful Dealings. You agree that any information that you supply will be true to the best of your knowledge and will not be intentionally misleading. You agree not to use any false identity and agree not to claim false credentials. You agree not to impersonate another person or entity by copying their avatar, posting Content under their username, intentionally using a deceptively similar username or otherwise posing as someone else. You agree not to misrepresent your affiliation with a person or entity.

Respecting the Privacy of Others. You agree not to disclose the name, address or other personal information about third parties without their express permission. You agree not to encourage or request offers to disclose personally identifying information.

Legal Compliance; No Illegal File Sharing. You agree that you are solely responsible for all of the Content that you post or submit to the Forums. You agree that your use of the Forums will not violate any local, state, national, or international law, regulation, or order of any court, or any rules of any financial exchange. In particular, you agree not to post or exchange content, data, or files that infringe any third-party copyright, trademark or other proprietary rights. Unauthorized sharing of copyrighted content is not permitted. You warrant that the creation, distribution, transmission, public display and performance, accessing, downloading and copying of Your User Content does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, personal or other proprietary rights, or moral rights of any third party, or breaches or conflicts with any obligation, such as a confidentiality obligation, of any third party. You warrant that you are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize the Company and the Forum users to use Your User Content as necessary to exercise the licenses granted by you under this Agreement. You warrant that you have the written consent, release, and/or permission of each and every identifiable individual person in Your User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of Your User Content in the manner contemplated by this Forum. You agree not to take part in or encourage any activity in or through the Forums that is illegal or that may give rise to a civil liability to you, the Company, or any third party. You agree not to post links to any illegal or objectionable content.

Account Security. You agree that you are fully responsible for all uses of your account and you agree that you are liable for any use of your account and any losses incurred by the Company or other Users, companies, or entities due to any use of your account, including unauthorized use. You agree to keep your password private, and you agree not to reuse your password for another login on another site or service or for any other purpose. You agree to notify the Company immediately if you suspect or know of any unauthorized use or security breach of your account. You agree not to share your account with others. You may not use or attempt to use another’s account or personal information. You agree not to set up an account on behalf of another individual or entity unless you are authorized to do so. You agree to promptly update the email address listed in connection with your account to keep it accurate so that we can contact you. You agree not to share sensitive information on the Forum, including your email address. You agree to maintain no more than one account.

Respect, Empathy, Civility, and Kindness. You agree to be respectful, considerate, polite, civil, and kind to all Users. You agree to behave in a professional manner. You agree to treat new, inexperienced, or less knowledgeable Users kindly even if they ask questions whose answers you believe to be obvious or post statements that you believe shows a lack of knowledge or experience in trading or in the usage of Quagensia products.

How to Disagree. You may wish to respond to something by disagreeing with it, which is completely acceptable. That said, you agree to criticize ideas, not people, companies, or other entities. You agree to avoid name-calling, ad hominem attacks, responding to a post’s tone instead of its actual content, and knee-jerk contradiction. Instead, you agree to provide reasoned counter-arguments that improve the conversation.

Titles for Posting. You agree to give your posts a meaningful title so that members and visitors do not spend time reading posts about things in which they have no interest. You agree to make your title descriptive, reflecting the topic you are addressing, rather than a generic title such as “Question” or “I Need Help.”

Improve the Discussion. You agree to attempt to contribute in a positive and constructive way and attempt to improve the discussion in some way, however small, when you respond to posts. You agree to attempt not to post to topics with nothing more than “thanks”, “+1”, etc. but instead agree that you will attempt to use the specific functionality of the Forums software that is specifically meant for thanking Forum members or saying that you agree with what was said. You agree to attempt to stay on topic and communicate clearly. You agree to not make off-topic posts or “hijack” topics. You agree to attempt to avoid starting a new topic in the wrong Forum, avoid cross-posting the same thing in multiple Forums, avoid posting no-content replies, and avoid “bumping” posts unless you have new and relevant information to share or unless it has been a full business day since you posted it and you have received no replies. You agree not to post the same post or similar posts multiple times.

Other Prohibited Activities

You may not access or use the Forums for any other purpose other than that for which the Company makes it available. The Forums may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the Company. Prohibited activity includes, but is not limited to:

• Attempting to bypass any measures of the Forums designed to prevent or restrict access to the Forums, or any portion of the Forums;
• Attempting to impersonate another user or person or using the username of another user or misrepresenting your affiliation with a person or entity when using the Forums;
• Criminal or tortious activity;
• Deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Forums;
• Posting or submitting Content to the Forums that you don’t own and for which you have not been given permission from the owner to post;
• Deleting the copyright or other proprietary rights notice from any Content in the Forums, or not including the copyright or other proprietary rights notices on any Content that you post or submit to the Forums that isn’t your Intellectual Property but for which you have permission from the owner to post;
• Disclosing any confidential information or trade secret in violation of a nondisclosure, employment, or confidentiality agreement;
• Engaging in any automated use of the system, such as using any data mining, robots or similar data gathering and extraction tools;
• Except as may be the result of standard search engine or Internet browser usage, using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or “bot”), scraper or offline reader that accesses the Forums, or using or launching any unauthorized script or other software that accesses the Forums;
• Harassing, annoying, intimidating or threatening any of the Company’s employees or agents engaged in providing any portion of the Company’s Forums to you;
• Interfering with, disrupting, or creating an undue burden on the Forums or the networks or services connected to the Forums;
• Making any unauthorized use of the Company’s Forums, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
• Selling or otherwise transferring your profile;
• Systematic retrieval of data or other content from the Forums to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from the Company;
• Tricking, defrauding or misleading the Company or other users, especially in any attempt to learn sensitive account information such as passwords;
• Using any information obtained from the Forums in order to harass, abuse, or harm another person;
• Using the Company’s Forums as part of any effort to compete with the Company or to provide services as a service bureau;
• Using the Forums in a manner inconsistent with any and all applicable laws and regulations.

Content Licensing of the Content You Post or Submit

• By posting or submitting Content to any part of the Forums, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an unrestricted, unconditional, unlimited, irrevocable, perpetual, non-exclusive, transferable, sublicensable, royalty-free, fully paid-up, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, communicate, modify, abridge, excerpt (in whole or in part) and distribute and promote such Content (including, without limitation, your image and voice) in whole or in part, for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. Such use and distribution license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name you provide, as applicable, and any of the trademarks, service marks, trade names and logos, personal and commercial images you provide. The Company does not assert any ownership over Your User Content; rather, as between us and you, subject to the rights granted to us in this Agreement, you retain full ownership of all of Your User Content and any intellectual property rights or other proprietary rights associated with Your User Content.
• By posting or submitting Your User Content to the Forums, you hereby authorize the Company to grant to each end user a personal, limited, non-transferable, perpetual, non-exclusive, royalty-free, fully paid-up license to access, download, print and otherwise use Your User Content for their internal purposes and not for distribution, transfer, sale or commercial exploitation of any kind.

Responsibility of Visitors and Users

We have not reviewed, and cannot review, all of the Content (such as, but not limited to, text, photo, video, audio, code, computer software, items for sale, or other materials) posted to our Forums by users or anyone else and are not responsible for any use or effects of such Content. So, for example:

• We do not endorse any Content or represent that Content is accurate, useful, or non-harmful. Content could be offensive, indecent, or objectionable, include technical inaccuracies, typographical mistakes, or other errors, or violate or infringe the privacy, publicity rights, intellectual property rights, or other proprietary rights of third parties.
• If you post or submit Content to the Forums, or otherwise make (or allow any third party to make) Content available on the Forums, you are entirely responsible for the Content, and any harm resulting from that Content or your conduct.
• We disclaim any responsibility for any harm resulting from anyone’s use, purchase, or downloading of any Content on the Forums. If you access or use any Content, you are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
• Any Content offered for sale through any of our Forums is the seller’s sole responsibility, and you agree that you will look solely to the seller for any damages that result from your purchase or use of such Content.
• We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between you and the provider of any Content.
• Please note that additional third-party terms and conditions may apply to the downloading, copying, purchase, or use of some Content.

We also have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and web pages that link to, or are linked from, the Forums. For example:

• We do not have any control over those websites and web pages and are not responsible for their contents or their use.
• The existence of a link from the Forums to a website or web page does not represent or imply that we endorse the website or web page. The existence of a link to the Forums from a website or web page does not represent or imply that we endorse the website or web page that linked to the Forums.
• You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
• We disclaim any responsibility for any harm resulting from non-Quagensia websites.

Site Management

The Company has the right but not the obligation, in our sole and absolute discretion, at any time and without notice, to:

• Terminate or suspend any user account or any user’s access to the Forums if we believe that there has been any violation of this Agreement;
• Suspend any user account or any user’s access to the Forums if we are investigating whether or not there has been any violation of this Agreement;
• Remove, block, redact, edit, or otherwise change any Content if we determine in our sole discretion that it is inappropriate or otherwise in violation of this Agreement or if we are investigating suspected Content to determine if it is inappropriate or otherwise in violation of this Agreement;
• Re-categorize any Content to place them in more appropriate locations;
• Pre-screen any Content;
• Monitor the Forums for violations of this Agreement;
• Take appropriate legal action against anyone who, in the Company’s sole discretion, violates this Agreement, including without limitation, reporting such users to law enforcement authorities;
• In the Company’s sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s contribution or any portion thereof that may violate this Agreement or any of the Company’s policies;
• In the Company’s sole discretion and without limitation, notice or liability to remove from the Forums or otherwise disable all files and other Content that are excessive in size or are in any way burdensome to the Company’s systems;
• Otherwise manage the Forums in a manner designed to protect the rights and property of the Company and others and to facilitate the proper functioning of the Forums.

Violations and Reports

Please report violations or abuse on the Quagensia Forums. You may contact us at the following email address: forums [at] quagensia.com.

The action we take in response to inappropriate Content, activity, or behavior is at our sole discretion and usually depends on the exact circumstances of a particular case. We recognize that sometimes people may say or do inappropriate things for any number of reasons. Perhaps they did not realize how their words would be perceived. Or maybe they just let their emotions get the best of them. Of course, sometimes, there are folks who just want to spam or cause trouble. Each case requires a different approach, and we try to tailor our response to meet the needs of the situation. We’ll review each situation on a case-by-case basis. In each case, our team will investigate the Content, activity, or behavior and surrounding facts and respond as appropriate, using this Code of Conduct and our Terms of Service to guide our decision.

Our Attribution to Other Sources that Helped Us Create This Forums Code of Conduct

This Forums Code of Conduct was created in part using GitHub’s Community Code of Conduct, GitHub’s Community Guidelines, GitHub’s Terms of Service, Automattic, Inc.’s Terms of Service, Automattic, Inc.’s Crowdsignal Terms and Conditions, Basecamp’s Terms of Service, and Creative Commons Corporation’s Terms of Service as starting points. Both Automattic, Inc. and Basecamp have generously made said Terms of Service and Terms and Conditions freely available for others to copy under the terms of the Creative Commons Attribution-ShareAlike 4.0 International Public License, and GitHub and Creative Commons Corporation have generously made said legal documents freely available for others to copy under the terms of the CC0 1.0 Universal (CC0 1.0) Public Domain Dedication. Automattic, Inc. also makes many of their other legal documents available free of charge by downloading them from their legalmattic github repository. Basecamp also makes many of their other legal documents available free of charge by downloading them from their basecamp policies github repository. GitHub also makes many of their other legal documents available free of charge by downloading them from their github site-policy github repository. Creative Commons Corporation also makes many of their other legal documents available free of charge by downloading them from their creativecommons policies github repository.