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| TERMS
& CONDITIONS |
1. General
1.1 This
agreement governs your use of the QVS website (the "Website"),
which is operated by QVS, Inc. Additional terms and conditions
of use applicable to specific areas of the Website may also be posted in such areas and, together with this agreement,
govern your use of those areas. This agreement, together
with any such additional terms and conditions, are referred
to as this "Agreement." |
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| 1.2 QVS reserves the right, in its discretion, to change
or modify all or any part of this Agreement at any time,
effective immediately upon notice published on the Website.
Your continued use of the Website constitutes your binding
acceptance of these terms and conditions, including any changes or modifications made by
QVS as permitted above. If at any time the terms and conditions
of this Agreement are no longer acceptable to you, you
should immediately cease all use of the Website. |
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2. Use of Content
2.1
You acknowledge that the Website contains information,
software, photographs, audio and video clips, graphics,
links and other material (collectively, the "Content")
that are protected by copyright, trademark or other proprietary
rights of QVS or third parties. All Content on the Service is copyrighted as a collective work of QVS pursuant to applicable
copyright law. You agree to comply with any additional
copyright notices, information, or restrictions contained
in any Content available on or accessed through the Website.
Users of the Website may use the Content only for their
personal, noncommercial use. |
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| 2.2 You may not modify, publish, transmit, transfer or sell,
reproduce, create derivative works from, distribute, perform,
display, or in any way exploit any of the Content, in
whole or in part, except as expressly permitted in this
Agreement. Content consisting of downloadable software
may not be reverse engineered unless specifically authorized
by the owner of the software's patent and/or copyright.
You may post on the Website any Content owned by you (such
as your original statements), Content for which you have received express permission
from the owner and Content in the public domain. You assume
all risk and responsibility for determining whether any
Content is in the public domain. You grant to QVS the
right to edit, copy, publish, distribute, translate and
otherwise use in any medium any Content that you place
on the Website without compensation to you. You represent
and warrant that you are authorized to grant all rights
set forth in the preceding sentence. |
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| 2.3 You may download or copy the Content only for your own
personal use, provided that you maintain all copyright
and other notices contained in such Content. You shall
not store electronically any significant portion of any
Content. Except as expressly permitted by the copyright
laws, no copying, storage, redistribution or publication of any Content is permitted without the express
permission of QVS, Inc. or the owners of such Content
or their authorized persons, if other than QVS. You may
download from the Website any Content in the public domain
for your own personal use or for non-commercial redistribution. |
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3. Rules of Conduct
You shall not post on the Website any
Content which (a) is libelous, defamatory, obscene, pornographic,
abusive, harassing or threatening, (b) contains viruses
or other contaminating or destructive features, (c) violates
the rights of others, such as Content which infringes
any copyright, trademark, patent, trade secret or violates
any right of privacy or publicity, or (d) otherwise violates any applicable
law. You may not post on the Website any links to any
external Internet sites that are obscene or pornographic.
You shall not use the Website for any commercial purpose,
to distribute any advertising or solicitation of funds
or goods and services or to solicit users to join competitive
online services. |
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4. Managing Content
QVS does not and cannot review the
Content posted by users on the Website and is not responsible
for such Content. However, QVS reserves the right to delete,
move or edit any Content that it may determine, in its
sole discretion, violates this Agreement or is otherwise unacceptable. You shall remain solely responsible
for all Content posted by you. QVS shall have the right,
but not the obligation, to correct any errors or omissions
in any Content, as it may determine in its sole discretion. |
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5. No Endorsement
5.1
QVS does not represent or endorse the accuracy or reliability
of any Content posted on any part of the Website and you
acknowledge that any reliance upon such Content shall
be at your sole risk. Any Content placed on any part of the Website by users
are the views of the user posting the statement, and do
not represent the views of QVS. |
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| 5.2 The Website may contain links to sites on the Internet
which are owned and operated by third parties (the "External
Sites"). You acknowledge that QVS is not responsible
for the availability of, or the content located on or through, any External Site. You should contact the site administrator
or Webmaster for those External Sites if you have any
concerns regarding such links or the content located on
such External Sites. |
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6. Indemnity
You agree to indemnify, defend and
hold QVS and its affiliates, and their respective officers,
directors, owners, agents, information providers and licensors
(collectively, the "QVS Parties") harmless from
and against any and all claims, liability, losses, costs
and expenses (including attorneys' fees) incurred by any
QVS Party in connection with any use or alleged use of the Website under
your password by any person, whether or not authorized
by you. QVS reserves the right, at its own expense, to
assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, and in such
case, you agree to cooperate with QVS's defense of such
claim. |
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| 7. Termination of Service
QVS reserves the right, in its sole
discretion, to restrict, suspend or terminate your access
to all or any part of the Website at any time for any
reason without prior notice or liability. QVS may change,
suspend or discontinue all or any aspect of the Service at
any time, including the availability of any feature,
database, or Content without prior notice or liability. |
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8. DISCLAIMER OF WARRANTIES; LIMITATION
OF LIABILITY
8.1
NEITHER QVS NOR ANY PROVIDER OF THIRD PARTY CONTENT OR
THEIR RESPECTIVE AGENTS WARRANTS THAT THE SERVICE WILL
BE UNINTERRUPTED OR ERROR FREE; NOR DOES QVS, ANY THIRD
PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE
ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE
OF THE SERVICE OR THE CONTENT. THE SERVICE AND THE CONTENT
ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE"
BASIS. NONE OF QVS, THIRD PARTY CONTENT PROVIDERS AND
THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
WITH RESPECT TO THE SERVICE, ANY CONTENT OR ANY PRODUCTS
OR SERVICES SOLD THROUGH THE SERVICE. NEITHER QVS NOR
ANY THIRD PARTY CONTENT PROVIDER WARRANTS THAT ANY FILES
AVAILABLE FOR DOWNLOADING THROUGH THE SERVICE WILL BE
FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE
FEATURES. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS
TO THE QUALITY AND PERFORMANCE OF THE SERVICE AND THE
ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY
BY YOU. |
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| 8.2 NEITHER QVS, ANY THIRD PARTY CONTENT
PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIALDAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE,
EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. |
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| 8.3 SOME STATES DO NOT ALLOW EXCLUSION
OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR
EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF QVS, THIRD PARTY CONTENT
PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED
TO THE GREATEST EXTENT PERMITTED BY LAW. |
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9. Miscellaneous
This Agreement shall be construed in
accordance with the laws of the State of Nevada, and the
parties irrevocably consent to bring any action to enforce
this Agreement in the federal or state courts located
in Las Vegas, NV. This Agreement constitutes the entire
agreement between the parties with respect to the subject
matter hereof, and supersedes all previous written or
oral agreements between the parties with respect to such
subject matter. If any inconsistency exists between the terms of this
agreement and any additional terms and conditions posted
on the Service, such terms shall be interpreted as to
eliminate any inconsistency, if possible, and otherwise,
the additional terms and conditions shall control. Sections
2, 3, 7, 8, 10 and 11 shall survive any termination of
this Agreement as well as any other provisions which by
their terms or sense are intended to survive. |
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