If you are a child under the age of 13 you are not permitted to use any of the Services. If it comes to the attention of QWiPS by substantiated means that a registered user of the any of our Services is a child under the age of 13 years old, QWiPS will act immediately to cancel that user’s account, and no notice shall be required of such cancellation.Section 3. Functionality Modifications and Cancellations
You may use the Services, in whole or in part, for lawful purposes only. You also agree to use the Services in accordance with the terms of our Acceptable Use Policy. Without limiting the generality of the foregoing, you may not use the Services, or any portion thereof, (i) to violate or infringe upon the rights of others in any way, (ii) to violate or facilitate the violation of any law or to encourage others to violate any law, (iii) to send or create unsolicited bulk communications, messages or QWiPS, (iv) to transmit, relay, or otherwise communicate vulgar, unlawful, obscene, profane, indecent or otherwise offensive or objectionable materials or information, as may be more specifically set forth in our Acceptable Use Policy, (v) to falsify your identity or impersonate another person; (vi) to engage in conduct that limits the use and enjoyment of the Services, or any part thereof, by other users in any way, as determined by QWiPS in its sole and absolute discretion.Section 5. Restrictions on Use
You agree not to (1) reverse engineer, disassemble, alter, decompile, duplicate, create derivative works from, make copies of, extract information from, provide or distribute others with any portion of the Services, or any information available on, extracted or derived from the Services, or any part thereof; (2) connect, use, attempt to connect or use in any way the Services, for purposes other than your private, personal use in good faith and as explicitly offered on our website or those of our partners, including without limitation for any commercial purpose, such as, for instance, creating QWiPS that promote products or services for which you may be compensated, of any type or nature; (3) interfere, block, disable or otherwise affect any advertising, advertising element, advertisement banner window, links to other sites and services, or other features that constitute an integral part of the Services; and (4) incorporate, integrate or otherwise include any portion of the Services that is comprised of software into any software, program or product that communicates, accesses, or otherwise connects with the Services or any other Internet or online service. You further agree to abide by all laws and regulations in effect regarding your use of the Services. Finally, you may not authorize or assist any third party to do any of the things described in this section.Section 6. Proprietary Rights
If you believe that your work has been copied and is accessible on or through the Services in a way that constitutes copyright infringement, go to http://qwips.com/copyright for instructions on how to contact QWiPS.Section 7. Posting Materials.
QWiPS is not responsible for any information, including without limitation, (i) any forms of interpersonal communications available on or through the Services, such as QWiPS, instant messages, chat rooms, or otherwise, (ii) any users’ personal data, and (iii) other user posted website materials, that is submitted on or through the Services or housed on the QWiPS servers. Additionally, QWiPS reserves the right in its sole and absolute discretion to delete, erase, remove, delay, jam or alter any or all of such information without prior notice and for any reason or no reason at all.Section 9. User Generated Content.
QWiPS does not control, verify or endorse any information, materials or other user-generated content, including without limitation, sound, data, text, files, links, software, chat, content, music, photographs, graphics, images, video, communication, messages or other materials and terms of expression that is posted or submitted by its users on or through the Services (collectively, “User Generated Content”). Users of the Services are solely responsible for any and all User Generated Content they provide to or through the Services, and may be held legally liable or accountable for the contents of such User Generated Content. QWiPS reserves the right in its sole discretion and without obligation to monitor all User Generated Content to ensure conformity with the QWiPS Terms of Service and any other rules, policies or regulations as may be promulgated by QWiPS from time to time it sole discretion, as well as any applicable laws, rules and regulations of any government having proper jurisdiction over QWiPS. QWiPS reserves the right, in its sole and absolute discretion, to edit, delete, refuse to post, remove or otherwise alter, including truncation, any User Generated Content posted to or submitted on or through the Services for any reason, including without limitation (i) violating any portion of the QWiPS Terms of Service, (ii) violating any applicable law, (iii) protecting user privacy, (iv) avoiding spam or (v) as otherwise determined by QWiPS in its sole discretion. Nothing set forth above shall alter or diminish your responsibility with respect to your User Generated Content, as discussed herein. Furthermore, with respect to any conduct within the Services, you acknowledge and agree that QWiPS assumes no and shall have no liability for any action or failure to act on the part of QWiPS.
You hereby grant QWiPS an irrevocable, perpetual, worldwide, royalty free, license to use, recreate, broadcast, reproduce, edit, market, store, distribute, have distributed, publicly and privately display, communicate, publicly and privately perform, transmit, have transmitted, create derivative works based upon, and promote any User Generated Content (as such may be edited and modified by QWiPS in its discretion) that you submit, upload, post, send, to or through all or any portion of the Services, including without limitation both within the Services and such other products or services as QWiPS may designate in any medium now known or hereafter devised, for editorial, commercial, promotional and all other purposes.
You agree that QWiPS owns all right, title, and interest in any compilation, collective work or other derivative work created by QWiPS using or incorporating your User Generated Content, notwithstanding the fact that you retain ownership of all right, title, and interest in your User Generated Content itself. By submitting User Generated Content to or through the Services, you represent and warrant that (i) you have the right to grant any and all necessary licenses and rights provided herein, including without limitation, all necessary copyright and other related rights to the User Generated Content, free and clear of all claims and encumbrances without violating the rights of any person or entity, including any right to privacy or publicity, (ii) the User Generated Content does not and shall not infringe on any copyright or any other third party right nor violate any applicable law or regulation.
Furthermore, you acknowledge and agree that you are solely liable for any damage resulting from infringement of copyrights, proprietary rights or any other intellectual property rights, or any other harm or damage arising from your submission and QWiPS’ display of any of your User Generated Content and that QWiPS is specifically not liable for the foregoing. You hereby hold QWiPS harmless from and against any third party claim arising from use of your User Generated Content. You further understand, and thereby authorize, that your photograph and any other User Generated Content may be accessed, viewed, stored or reproduced by QWiPS and viewed by any of QWiPS’ members or other visitors to the QWiPS website. You waive any right to privacy. You waive any right to inspect or approve uses of the photograph or your User Generated Content or to be compensated for any such uses.Section 10. Information Submission
BY USING OUR SERVICES, YOU AGREE THAT YOU WILL NOT SUBMIT ANY CONFIDENTIAL INFORMATION OR MATERIALS TO OR THROUGH THE SERVICES OFFERED BY QWiPS™. QWiPS™ CANNOT AND DOES NOT AGREE TO MAINTAIN ANY INFORMATION OR MATERIALS YOU SUBMIT TO OR THROUGH THE SERVICES AS CONFIDENTIAL. You represent and warrant that you have no rights of any kind to any information or materials that you submit to or through the Services. Furthermore, you hereby grant QWiPS an unrestricted, perpetual, irrevocable license to use, display, perform, reproduce, adapt, modify, transmit and distribute all information and materials that you submit to or through the Services in any and all media. Finally, to the extent you submit to QWiPS any ideas, concepts, know-how, techniques or other materials and/or information of any kind, you agree that we are free to use any and all of the foregoing without further permission or payment to you or any third party.Section 11. Third Party Services.
Certain portions of our Services may contain features and functionality that may link to or be provided from a third party, including without limitation third party websites, databases, applications, software, programs, services, directories, servers, networks, and systems (collectively, “Third Party Services”). QWiPS provides these Third Party Services to you as a convenience only and QWiPS does not, in any way, control or manage such Third Party Services. As such, QWiPS is not responsible for the content, functionality, accuracy, truthfulness, or availability of such Third Party Services or any link contained therein. By making such Third Party Services available via the QWiPS Services, QWiPS is not endorsing or warranting such Third Party Services in any way. Furthermore, QWiPS does not endorse any product or service that may be offered on or through such Third Party Services or through advertising delivered on or through the Services. Under no circumstances shall the access to or availability of such Third Party Services give rise to any liability to anyone for any damage of whatever nature whatsoever.
Without limiting any of the foregoing, portions of the Services offered by QWiPS may contain functionality that allows for the sending, delivering or receiving of information between QWiPS users, as well as between QWiPS users and users of certain Third Party Services, which may be relayed or carried through networks, systems, servers, websites or applications (e.g. telephone and cellular networks, e-mail servers) that are not owned or controlled by QWiPS (“Third Party Networks”). QWiPS cannot and shall not in any way be responsible for the performance, availability, functionality, quality, or reliability of any of the Third Party Networks or the information sent, delivered, relayed, carried or received through any such Third Party Networks. Notwithstanding anything herein, QWiPS does not warrant or guarantee that the information sent, relayed, carried or delivered through Third Party Networks will reach its destination, or its correct address or recipient, or that the details of the recipient or sender are correct or accurate.Section 12. Disclaimer of Warranties.
ALL OF THE SERVICES OF QWiPS™ ARE MADE AVAILABLE ON AN “AS IS, AS AVAILABLE” BASIS. QWiPS™ DOES HEREBY SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, NON INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES OFFERED BY QWIPS, INCLUDING WITHOUT LIMITATION, THE WEBSITES, THE SOFTWARE, AND/OR ANY INFORMATION DELIVERED, SENT, OR RECEIVED BY USERS ON OR THROUGH THE SERVICES, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION.
QWiPS™ DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE, AVAILABILITY, RELIABILITY OR THE RESULTS OF THE USE OF THE SERVICES, OR ANY PORTION THEREOF, THE ACCESSIBILITY TO THE SERVICES OR ANY PORTION THEREOF, OR THE INFORMATION PROVIDED IN THE VARIOUS QWIPS DATABASES, LISTINGS DATA, AND DIRECTORIES IN TERMS OF THE ACCURACY, VALIDITY, QUALITY, RELIABILITY, COMPLETENESS, STABILITY, CURRENTNESS, OR OTHERWISE OF THEIR CONTENTS OR PRODUCTS, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SERVICES, INCLUDING WITHOUT LIMITATION THE WEBSITES, THE SOFTWARE, AND ACCESS TO THE QWIPS SERVERS OR THE VARIOUS DATABASES, LISTINGS DATA, AND DIRECTORIES, IS ASSUMED AND BORNE BY YOU. QWIPS DOES NOT REPRESENT OR WARRANT TO THE ACCURACY, VALIDITY, RELIABILITY, CORRECTNESS, COMPLETENESS OR QUALITY OF ANY INFORMATION OF ANY NATURE INCLUDING WITHOUT LIMITATION USER’S DETAILS PUBLISHED ON OR THROUGH THE SERVICES.
QWiPS further does not warrant or guarantee that all versions of the Software comprising a portion of the Services shall be provided with similar grades and level of service, features, functionality and the ability to use the totality of the Services. Additionally, and without limiting the generality of the foregoing disclaimers in this Section 12, QWiPS does not warrant or guarantee (i) that any program or information will be free of infection by viruses, worms, Trojan horses or anything else that could result in the proliferation of menacing or destructive code or properties; (ii) that the information available on or through the QWiPS Services will not contain adult-oriented material, or material which some individuals may deem objectionable; (iii) that the Services provided by QWiPS and the functions or services performed by QWiPS will be uninterrupted or error-free; or (iv) that defects in the QWiPS Services will be corrected in a timely fashion or at all. You are solely responsible to isolate software and information, execute anti-contamination software and otherwise take steps to ensure that software or information, if contaminated or infected, will not damage your information or system.Section 13. Limitation of Liability.
QWiPS™ WILL NOT, IN ANY EVENT, BE LIABLE TO ANY PARTY, INCLUDING YOU (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SERVICES PROVIDED BY QWIPS, INCLUDING WITHOUT LIMITATION THE WEBSITE, THE SOFTWARE, AND/OR ANY OF THE VARIOUS LISTINGS AND DIRECTORIES, REGARDLESS OF WHETHER QWIPS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; (ii) FOR ANY CLAIM ATTRIBUTABLE TO OMISSIONS, ERRORS, DELAYS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF ANY INFORMATION; (iii) FOR THE TRANSMISSION OR DELIVERY OF ALL OR ANY PART OF ANY INFORMATION, FOR ANY DAMAGE ARISING THEREFROM OR OCCASIONED THEREBY, OR FOR THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION; OR (iv) IF ANY INFORMATION INFECTS OR CONTAMINATES A USER’S SYSTEM OR INFORMATION. SINCE SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, QWIPS’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
You agree, as additional consideration for your use of the Services, to fully indemnify and hold harmless QWiPS and its officers, employees, agents, affiliates, partners, licensors, parents and subsidiaries from and against any demand or claim, including reasonable attorneys’ fees, made by any third party due to or arising out your use of the Services, your connection to the Services, your violations of the Terms of Service, any content you submit, post, transmit or otherwise make available through the Services, or your violation of any rights of another.Section 15. Security and Privacy Limitations
By use of any of the Services, you acknowledge that you are aware (1) that data and information on the Services may be subject to forgery, eavesdropping, tampering, sniffing, spamming, spoofing, password cracking, harassment, fraud, electronic trespassing, hacking, nuking, system contamination including viruses, worms and Trojan horses causing unauthorized, damaging and/or harmful access to, or retrieval of, information and data on your computer; (2) of security and privacy limitations in the Services including without limitation the limitation of security, privacy and authentication measures and features; (3) that the security and privacy features available on the Services, are provided to you as a convenience only and may not operate according to their description or may not operate at all; (4) that information, data or messages may not reach their destination or may reach an erroneous address or recipient; and (5) that by activating certain features, you may provide third parties with certain limited remote access to certain files on your computer. Activating these features increases the risk that third parties will be able to tamper with your computer.
You acknowledge that, as with most Internet applications (e.g., e-mail), there are certain risks associated with accepting or downloading files from or through QWiPS. Such risks include but are not limited to (1) damage to your computer, (2) damage to any data or files stored on your computer, (3) QWiPS users viewing your IP address, and (4) files you share with other QWiPS users being redistributed and used without your knowledge.Section 16. Paid Services.
The Services are provided to you free of charge, unless expressly stated otherwise by QWiPS. If any payments were made by you for any materials, equipment, products or services that bundle or offer any part of the Services, or for accessing the Services through any platform or network, you acknowledge, that such payments were made for the equipment, products, services or access so offered, and not for the actual Services offered by QWiPS. Any telephone or other communications charges incurred by you to access the Services are your responsibility. Since these charges are your responsibility, you should contact your telephone company or communication provider if you have a question about whether your access carries any charges from your location.
QWiPS users in the European Union, by using all or any portion of the Services, understand, acknowledge and agree to the processing of their personal information in the United States.Section 18. Termination
QWiPS reserves the right to terminate, suspend, modify, remove, or otherwise alter (i) your account with QWiPS, (ii) the Services you are allowed to access, and (iii) all or any portion of any User Generated Content you may have added to the Services, in whole or in part. QWiPS is not obligated to provide you with any advance notice prior to taking any, some or all of the foregoing permissible actions.Section 19. QWiPS Support
Use of the Services is at your own complete risk. QWiPS does not provide any assistance to its users, other than that which is posted on its website at QWiPS.com. QWiPS does not undertake nor is it obligated to provide you with any updates, upgrades, bug fixes, error corrections and/or enhancements to all or any portion of the Services, including without limitation, the Software.Section 20. Rights and Remedies
You acknowledge and agree that, in addition to any other legal remedies that may be available to it, QWiPS may seek and obtain injunctive relief against you in the event of a disclosure or misuse or threatened disclosure or misuse of any of the proprietary and/or confidential information of QWiPS contained in or accessible through use of the Services, the disclosure of which would give rise to irreparable injury to QWiPS, which could not adequately be compensated in damages.Section 21. Notices.
The delivery of any Notice from QWiPS is effective when sent by QWiPS, regardless of whether you read the communication when you receive it. You may withdraw your consent to receive Notices electronically by canceling or discontinuing your use of the Services. You will require a computer with Internet access and a Windows-based or a Macintosh-based operating system in order to access electronic communications. You can retrieve an electronic copy and a printable version of the Terms of Service at http://qwips.com/terms. You acknowledge that the various notes, notices and warnings available on the Services, are provided as a convenience only. The inclusion of such does not constitute an obligation on QWiPS to provide such notes, notices and warnings in other places or features of the QWiPS Services.Section 22. Construction.
QWiPS reserves the right, in its sole and absolute discretion, to change, alter, modify, amend or otherwise revise, from time to time, all or any portion of the Terms of Service, with or without a release of new Services, including without limitation new Software. Your continued use of the Services following the expiration of a thirty (30) day period after a notice of change to the Terms of Service has been provided in accordance Section 21 hereof will be deemed to be your consent to and agreement with any and all such changes, alterations, modification, and/or amendments and they will thereafter be deemed a part of the Terms of Service without further notice to you.Section 25. Survival.
You agree to abide by U.S. and other applicable export control laws and not to export, re-export or otherwise transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a national destination prohibited under such laws or to any person to whom exports, re-exports or transfers are prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to QWiPS any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software.Section 28. Headings.