This Policy has been promulgated to enhance the ability of our Services to promote communication and freedom of expression by you and other users of our Services. By requiring all of our users to abide by applicable legal and generally accepted moral standards, QWiPS believes it can create a robust environment for the exchange of ideas, thoughts, and communication generally. As such, if you violate this Policy, QWiPS reserves the right in its sole and absolute discretion to terminate, suspend, modify, remove, or otherwise alter (i) your account with QWiPS, (ii) the Services you are allowed to access, and/or (iii) all or any portion of any User Generated Content you may have added to the Services, in whole or in part, all without any notice to you whatsoever.Any one or more of the following constitute a violation of this Policy:
Nothing in this Policy is intended to indicate that QWiPS does, or has an obligation to, actively monitor the use of the Services by its users or exercise any editorial control over its users’ use of, transmission through or submission to all or any portion of the Services. In fact, QWiPS is expressly acknowledging hereby that it has no practical ability to so police the use of the Services at all times to ensure compliance with this Policy and the Terms of Service. As such, QWiPS does not assume any liability to users or others for any failure to enforce the terms of this Policy. However, QWiPS reserves the right to take any and all actions it deems necessary or appropriate to cause there to be full compliance with this Policy and the Terms of Service in general, including without limitation the removal of any materials, transmissions or postings whatsoever.
By using the Services to post any User Generated Content, you agree that you are surrendering any copyright and any other proprietary right you might have to such materials or information. Furthermore, you acknowledge and agree that QWiPS is entitled to use any such materials or information in any manner it deems appropriate, including without limitation publication, distribution and broadcast, without further obligation to you whatsoever.
QWiPS does not accept any responsibility or liability with respect to the validity, accuracy, quality, adequacy, completeness, and/or usefulness of any of the information and materials posted to, transmitted through or made available on the Services. You further accept and agree that QWiPS is not responsible, and shall have no liability to you or anyone else, for any material posted by others, including any materials that are contrary to the terms of this Policy, and that the risk of damage from such material rests entirely with you. Further, you agree to indemnify 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 this Policy or any of our Terms of Service, any content you submit, post, transmit or otherwise make available through the Services, or your violation of any rights of another.
If any part of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties hereto, and the remaining portions shall remain in full force and effect.
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 this Policy, as well as all or any portion of any of the other documents comprising the Terms of Service. Your continued use of the Services following the expiration of the thirty (30) day period after a notice of change to this Policy or any portion of the Terms of Service has been provided 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 this Policy or thee Terms of Service, as appropriate, without further notice to you.
This Policy and the Terms of Service, including any changes undertaken in accordance with the provisions hereof or thereof, shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts-of-law rules. Notwithstanding the foregoing, your use of all or a portion of the Services may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with QWiPS or relating in any way to your use of the QWiPS Services resides in the courts of New York, County of New York, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of New York in connection with any such dispute including any claim involving QWiPS or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
Any reference made in this Agreement to “QWiPS” shall be deemed to have been made to Voice Portraits, Inc. doing business as QWiPS, its subsidiaries, successors, assignees, and affiliates, as well as any company that controls QWiPS, directly or indirectly, and any other subsidiary of that controlling company.