Internet Use Agreement
1. Changes in Terms and Conditions
2. Your Registration Obligations
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by any of our registration or information form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If You provide any information that is untrue, inaccurate, not current or incomplete, or Qualimax has reasonable grounds to believe that such information is untrue, inaccurate, not current or incomplete, Qualimax has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion of the Services provided).
4. User License
5. Lawful Use
Users shall use the Website for lawful purposes only. Users shall not post or transmit through the Website any material which: (i) violates or infringes in any way upon the rights of others; (ii) is unlawful, threatening, abusive, defamatory, invasion of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; (iii) encourages conduct that would constitute a criminal offense, (iv) gives rise to civil liability; (v) violates any law; or (vi) contains advertising or any solicitation with respect to products or services, unless Qualimax has expressly approved such material in advance of its transmission. Any conduct by a User that in Qualimax’s discretion restricts, limits or inhibits any other User from using or enjoying the Website is expressly prohibited. You further agree not to obtain or attempt to obtain through this Site any materials or information not intentionally made available to you through this Site.
6. Service Terms
You are responsible for obtaining access to the Site and that access may involve third party fees (such as Internet service provider or air time charges). You are responsible to pay any service fees associated with such access. In addition, you must provide, at Your sole cost and expense, all equipment necessary to make such connection to the Internet, including a computer and modem or other access devices. Furthermore, You are responsible for obtaining any software programs, including such software upgrades as necessary to view and/or access the content of the Website.
7. User Conduct and Responsibilities
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that You, and not Qualimax, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Site. Under no circumstances will Qualimax be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Site.
You agree to not use the Site to:
a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a Qualimax official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site;
e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation for any commercial purpose;
h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
j. interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
k. intentionally or unintentionally violate any applicable local, state, national or international law;
l. “stalk” or otherwise harass another;
m. collect or store personal data about other users; or
n. Use Incognito names when registering or communicating on our Site.
You acknowledge that Qualimax does not pre-screen Content, but that Qualimax and its designees shall have the right (but not the obligation), in their sole discretion, to refuse, to accept, or to remove any Content that is available via the Site. Without limiting the foregoing, Qualimax and its designees shall have the right to remove any Content that violates the Term of Use or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Qualimax or submitted to Qualimax by its Users.
You acknowledge and agree that Qualimax may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
(i) comply with legal process;
(iii) respond to claims that any Content violates the rights of third-parties; or
(iv) protect the rights, property, or personal safety of Qualimax, its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve
(a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting networks or devices.
9. Content Rights The entire content of this Site and any supporting software are the proprietary property of Qualimax and/or its licensors, and are protected by U.S. and international copyright and other intellectual property laws. Do not copy content from our Site without our permission. None of the content found on this Site may be copied, reproduced, republished, distributed, sold, licensed, transferred, distributed or modified without the express written permission of Qualimax. You agree not to display, disparage, dilute, or taint our trademarks or use any confusing similar marks or use our trademarks in such a way that would misrepresent the ownership of such marks. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, copyright or other proprietary notice shall be made. Users acknowledge that he/she does not acquire any ownership rights by downloading copyrighted material. Any permitted use of our trademarks by you shall be to the benefit of Qualimax. Unauthorized use of the site would be a violation of Qualimax’s and its licensors’ rights. In addition, the trademarks, logos and service marks displayed on this site (collectively, the “Trademarks”) are the property of Qualimax, its affiliates, and various third parties. The site and the software incorporate in the site may not be reverse engineered, de-compiled or disassembled.
10. Links to Other Sites The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Qualimax has no control over such sites and resources, you acknowledge and agree that Qualimax is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Qualimax shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
11. Dealing With Advertisers Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Qualimax shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
12. No Resale Of Services You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Service, use of the Service, or access to the Service.
13. Personal Information and Submissions By submitting information to us, You are thereby granting to Qualimax a royalty-free, worldwide, non-terminable, exclusive license to use this information and your exact words (and excerpts and edited versions of your submissions) in all media now known or hereinafter developed, and in promotions, and to sublicense and transfer this right to third parties, and you waive all claims against Qualimax for any violations of copyright, rights of privacy, publicity, and defamation or other personal torts arising from Qualimax’s use of the information in such media. No payments shall be due to you for such grant of rights, and you may or may not receive credit as the author of such works in any use of them.
14. General Practices Regarding Use and Storage You acknowledge that Qualimax may establish general practices and limits concerning use of the Site, including without limitation the maximum number of days that email messages, or other uploaded Content will be retained by the Site, the maximum number of email messages that may be sent from or received by an account on the Site; the maximum size of any email message that may be sent from or received by an account on the Site, and the maximum disk space that will be allotted on Qualimax’s servers on your behalf. You agree that Qualimax has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted to the Site. You further acknowledge that Qualimax reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
15. Disclaimers of Warranties YOU EXPRESSLY UNDERSTAND AND AGREE THAT USE OF THE WEBSITE IS AT YOUR OWN RISK AND YOU FURTHER EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. QUALIMAX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. QUALIMAX MAKES NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
16. Limitations of Liability and Remedies YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL QUALIMAX BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR INTANGIBLE LOSSES (EVEN IF QUALIMAX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(i) THE LOSS OF DATA AND/OR USE OR THE INABILITY TO USE THE SERVICE OR THIS SITE;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES OR THIS SITE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR
(v) ANY OTHER MATTER RELATING TO THE SERVICES OR THIS SITE. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE WEBSITE.
IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER QUALIMAX, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE SITE.
IN FURTHER ADDITION TO THE TERMS SET FORTH ABOVE, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF THIS AGREEMENT BY QUALIMAX OR THE WEBSITE SHALL BE A REFUND OF THE AMOUNT INVOICED. QUALIMAX IS NOT RESPONSIBLE FOR, AND SHALL HAVE NO LIABILITY WITH RESPECT TO, THE CONTENT OF THIRD PARTY WEB SITES THAT ARE LINKED TO OR FROM THE SITE. NEITHER QUALIMAX OR THE WEBSITE IS RESPONSIBLE FOR THE USER GENERATED CONTENT ON THE SITE.
17. Exclusions and Limitations SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 18 AND 19 MAY NOT APPLY TO YOU.
18. User Warranties and Indemnification: You warrant and represent that
(i) You shall abide by all the terms and conditions of this agreement;
(ii) You are of sufficient legal age to use this site and to create binding legal obligations for any liability you may incur as a result of the use of this site;
(iii) You will not take any action which would derogate Qualimax’s or its licensors’ rights in and to their intellectual property or content;
(iv) You will not infringe on the copyrights of any third party;
(v) You will not violate any laws in your use or postings of information on the site; and
(vi) You will not interfere in the business of Qualimax by posting information that violates the rules outlined above or by attempting to divert traffic from the Site. You shall indemnify and hold harmless, and at Qualimax’s request defend, Qualimax, its users, managers, officers, employees, agents, and affiliates (each, an “indemnified party”) from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorney’s fees, and other legal costs) arising out of any claim of any third party resulting from any breach of your representations, warranties or covenants set forth in this agreement. You agree to reimburse each Indemnified party on demand for any costs, expenses and liabilities incurred by such Indemnified party to which this indemnity relates, including reasonable attorney’s fees and court costs incurred in enforcing this indemnification.
19. Entire Agreement This Agreement constitutes the entire agreement between you and Qualimax, governs your use of our Services, and supersedes any prior agreements between you and Qualimax concerning this Site. You also may be subject to additional terms and conditions that may apply when you use affiliated services, third-party content or third-party software.
20. Controlling Law: This Agreement shall be construed in accordance with the laws of the State of New Jersey, United States of America, applicable to contracts negotiated and fully performed within that State, and the parties agree to submit to the exclusive jurisdiction of the courts of the State of New Jersey in any action brought to enforce or arising out of this Agreement. Notwithstanding the foregoing, Qualimax in Qualimax’s sole discretion, shall have the right to commence and prosecute any legal or equitable action or proceeding before any United States or non-United States court of competent jurisdiction to obtain injunctive or other relief available to it.
21. Miscellaneous Terms: No Partnership/Assignment: Our relationship is not one of agency or partnership and You are not and will not be deemed to be, a partner, employee, fiduciary, agent or representative of the Website or Qualimax by your use of the Site. You may not assign or transfer your rights to any third party.
Severability: These terms are severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
No Waiver: Failure to enforce a term of this Agreement shall not be deemed a subsequent waiver of that term or other terms.
Headings of No Effect: The headings in this Agreement are used for convenience only and shall not be given any legal importance whatsoever.
Execution and Effectiveness: This Agreement becomes effective by internet online acceptance or by simply using or downloading information from this Site.