TERMS AND CONDITIONS
Please read these terms of use carefully before using this site.
These terms tell you the rules for using our website “qwqee.com”. By using our site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use our site.
These terms of use incorporate the following additional terms, which also apply to your use of our site:
- Our Privacy Policy which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
- Disclaimer for content of this site.
- Copyright Policy of our website
Parties to the terms of use agreement
Visitors, viewers, users, subscribers, members, affiliates, re-sellers or customers, collectively referred to herein as “Visitors”, are parties to this agreement. The website and its predecessor websites owners and/or operators are parties to this agreement, herein referred to as “Website.” Visitors understand and acknowledge that this agreement over-rules and super-secedes any and all Visitors agreements with Website, including but not limited to Visitors own electronic website terms of use, privacy policy or other proposed legally binding agreements located on Visitors website.
Website hereby rejects all Visitors website electronic agreements including but not limited to Visitors Terms and Conditions. This agreement shall govern all parties. In the event of a dispute with Visitor the Website shall be governed by this agreement and by the applicable default rules and laws which shall be settled in binding arbitration or a court of law at the Websites choice in the jurisdiction of the Websites choice. Any and all agreements, representations, promises, warranties, actions, or statements by Visitors website or other proposed agreement that differ in any way from the terms of this agreement shall be given no force or effect. All visitors including re-sellers, intermediary, affiliates, joint venture partners, publishers, advertisers, online marketers, and any and all users that visit or access this website in any way shall be subject to mutual release and any contracts or agreements are not permitted to be terminated for any cause or reason without mutual written agreement and assent of the website.
We may make changes to these terms and our site
We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. Your continued use of our site after changes are posted means you agree to be legally bound by these terms as updated and/or amended. We may also update and change our site from time to time including to reflect changes to our users’ needs and our business priorities.
We may suspend or withdraw our site
Our site is made available free of charge. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. You are responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
How you may use material on our site
To the extent permitted by law, you may print off one copy, and may download extracts, of any page(s) from our site for your personal use. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged. You must not use any part of the content on our site for any commercial purposes without obtaining a license to do so from us.
All of our trade marks, logos, slogans and strap-lines used on our site are owned by or licensed to us and may not be used without our prior written consent. All third party trade marks, product names and company names or logos mentioned in our site are the property of their respective owners. If you print off, copy, download or use any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Do not rely on information on this site
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
We are not responsible for websites we link to
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
Our responsibility for loss or damage suffered by you
In no event shall we be in any way liable for any direct, indirect, incidental, special, consequential or exemplary damages. Damages for loss of profits, connectivity, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages) or any other damages or losses whatsoever arising in any way from or in connection with the use of or inability to use our site or any information, data or material contained on or obtained from our site, whether arising in an action in contract, negligence or other tort action. We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
We are not responsible for viruses and you must not introduce them
We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, Trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack. Breach of this provision may constitute a criminal offence. We will report any breach of this provision to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
Hyperlinking to site, co-branding, “framing” and referencing site prohibited
Unless expressly authorized by website, no one may hyperlink this site, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to theirs for any reason. Further, you are not allowed to reference the url (website address) of this website in any commercial or non-commercial media without express permission, nor are you allowed to ‘frame’ the site. You specifically agree to cooperate with the website to remove or de-activate any such activities and be liable for all damages. You hereby agree to liquidated damages of us$100,000.00 plus costs and actual damages for violating this provision.
Limitation of liability
By viewing, using, or interacting in any manner with this site, including banners, advertising, or pop-ups, downloads, and as a condition of the website to allow his lawful viewing, visitor forever waives all right to claims of damage of any and all description based on any causal factor resulting in any possible harm, no matter how heinous or extensive, whether physical or emotional, foreseeable or unforeseeable, whether personal or business in nature.
Indemnification
Visitor agrees that in the event he causes damage, which the website is required to pay for, the visitor, as a condition of viewing, promises to reimburse the website for all.
Submissions
Visitor agrees as a condition of viewing, that any communication between visitor and website is deemed a submission. All submissions, including portions thereof, graphics contained thereon, or any of the content of the submission, shall become the exclusive property of the website and may be used, without further permission, for commercial use without additional consideration of any kind. Visitor agrees to only communicate that information to the website, which it wishes to forever allow the website to use in any manner as it sees fit. “submissions” is also a provision of the privacy policy.
Notice
No additional notice of any kind for any reason is due visitor and visitor expressly warrants an understanding that the right to notice is waived as a condition for permission to view or interact with the website.
Disputes
As part of the consideration that the website requires for viewing, using or interacting with this website, visitor agrees to use binding arbitration for any claim, dispute, or controversy (“claim”) of any kind (whether in contract, tort or otherwise) arising out of or relating to this purchase, this product, including solicitation issues, privacy issues, and terms of use issues. In the event the visitor is the prevailing party, the visitor shall bare the cost of its own attorney fees. Website reserves the right to litigate visitor in a court of law in the jurisdiction of website’s choice.
In no case shall the viewer, visitor, member, subscriber or customer have the right to go to court or have a jury trial. Viewer, visitor, member, subscriber or customer will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will be final and binding with limited rights of appeal.
The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses.
Jurisdiction and venue
If any matter concerning this purchase shall be brought before a court of law, pre- or post-arbitration, viewer, visitor, member, subscriber or customer agrees to that the sole and proper jurisdiction to be the state and city declared in the contact information of the web owner unless otherwise here specified. In the event that litigation is in a federal court, the proper court shall be the federal court of the websites choice.