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By using and/or visiting the Questler.com web site, a service of Questler Technologies Inc. (“Questler website" "Questler" "website" "we"), you are agreeing to be bound by the following terms and conditions ("Terms of Use").
Questler Website
These Terms apply to all users and visitors of the Questler website, including users who are also contributors of images and video content, information, and other materials or services on the Website. The Questler website contains links to third party websites that are not owned or controlled by Questler, and therefore Questler has no control over them, and assumes no responsibility for the content, privacy policies, or practices of any third party websites. By using the website, you expressly relieve Questler from any and all liability arising from your use of any third-party website.
Basic Terms
* You must be 14 years and older to use this site.
* You are responsible for any activity that occurs under your username.
* You are responsible for keeping your password secure. You must notify
Questler immediately of any breach of security or unauthorized use of
your account. Although Questler will not be liable for your losses
caused by any unauthorized use of your account, you may be liable for
the losses of Questler or others due to such unauthorized use.
* You must not abuse, harass, threaten, impersonate or intimidate other
Questler users.
* You may not use the Questler.com services for any illegal or
unauthorized purpose. International users agree to comply with all local
laws regarding online conduct and acceptable content.
* You are solely responsible for your conduct and any data, text,
information, usernames, graphics, photos, profiles, audio and video
clips, links ("Content") that you submit, post, or display on
the Questler.com service.
* You must not modify, adapt or hack Questler.com or modify another
website so as to falsely imply that it is associated with Questler.com.
* You must not create or submit unwanted comments or email to any
Questler members ("Spam").
* You must not transmit any worms or viruses or any code of a
destructive nature.
* You must not, in the use of Questler, violate any laws in your
jurisdiction (including but not limited to copyright laws).
Violation of any of these agreements will result in the termination of your Questler.com account. You understand and agree that Questler cannot be responsible for all the Content posted on its web site and you agree to use the Questler.com service at your own risk.
General Conditions
* We reserve the right to modify or terminate the Questler.com
service for any reason, without notice at any time.
* We reserve the right to alter these Terms of Use at any time. If the
alterations constitute a material change to the Terms of Use, we will
notify you by email. What constitutes a "material change" will
be determined at our sole discretion, in good faith and using common
sense and reasonable judgment.
* We reserve the right to refuse service to anyone for any reason at any
time.
* We may, but have no obligation to, remove Content and accounts
containing Content that we (at our sole discretion) determine are
unlawful, offensive, threatening, libelous, defamatory, obscene or
otherwise objectionable or violates any party´s intellectual property or
these Terms of Use.
* The Questler service makes it possible to post videos and images
hosted on Questler or other third party websites to outside websites.
This use is acceptable.
Intellectual Property Rights
The content on the Questler website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Questler, subject to copyright and other intellectual property rights. Content on the website is provided to you as is for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Questler reserves all rights not expressly granted in and to the website and the Content. You agree not to engage in the use, copying, or distribution of any of the Content other than that expressly permitted herein, including any use, copying, or distribution of User Submissions. You agree not to circumvent, disable or otherwise interfere with security related features of the Questler website or features that prevent or restrict use or copying of any content or enforce limitations on use of the Questler website or the content therein.
User Submissions
The Questler website may now or in the future permit the submission of videos, images or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. Questler does not guarantee any confidentiality with respect to any submissions.
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that:
(i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Questler to useall patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the website and these Terms of Use; and
(ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the website and these Terms of Service. You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Questler, you hereby grant Questler a worldwide, non-exclusive, royalty-free, sub- licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection withthe Questler website and Questler´s (and its successor´s) business, including and without limitation for promoting and redistributing part or all of the Questler website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Questler website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the Questler website.
In connection with User Submissions, you further agree that you will not:
(i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Questler all of the license rights granted herein;
(ii) publish falsehoods or misrepresentations that could damage Questler or any third party;
(iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
(iv) post advertisements or solicitations of business: (v)
impersonate another person. Questler does not endorse any User
Submission or any opinion, recommendation, or advice expressed therein,
and Questler expressly disclaims any and all liability in connection
with User Submissions.
Questler does not permit copyright infringing activities and
infringement of intellectual property rights on its Website, and
Questler will remove all
content and User Submissions if properly notified that such content or
User Submission infringes on another´s intellectual property rights.
Questler reserves the right to remove Content and User Submissions
without prior notice. Questler will also terminate a User´s access to
its Website, if they are determined to be a repeat infringer. Questler
also reserves the right to decide whether content or a User Submission
is appropriate and complies with these Terms of Service for violations
other than copyright infringement and violations of intellectual
property law, such as, but not limited to, pornography, nudity, obscene
or defamatory material, or excessive length. Questler may remove such
User Submissions and/or terminate a User´s access for uploading such
material in violation of these Terms of Service at any time, without
prior notice and at its sole discretion.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please send us the following information to the address shown below:
* an electronic or physical signature of the person authorized to act
on behalf of the owner of the copyright or other intellectual property
interest;
* a description of the copyrighted work or other intellectual property
that you claim has been infringed;
* a description of where the material that you claim is infringing is
located on the site;
* your address, telephone number, and email address;
* a statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law;
* a statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the copyright or
intellectual
property owner or authorized to act on the copyright or intellectual
property owner´s behalf.
Please send all such notices by fax to: Questler Fax: +962 6 510 5688 Email: info@Questler.com
You understand that when using the Questler website, Questler is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Questler with respect thereto, and agree to indemnify and hold Questler, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the website.
Questler permits you to link to materials on the website for personal, non-commercial purposes only. In addition, Questler provides an embeddable player feature, which you may incorporate into your own personal, non-commercial websites for use in accessing the materials on the Website, provided that you include a prominent link back to the Questler website on the pages containing the embeddable player. Questler reserves the right to discontinue any aspect of the Questler website at any time.
Limitation of Liability
In no event shall Questler, its officers, directors, employees or agents be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website. (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein (iv) any interruption or cessation of transmission to or from our website, (v) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our website by any third part, and or (vi) and errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Questler website. The foregoing limitation of liability shall apply to the fullest extent permitted by law.
YOU SPECIFICALLY ACKNOWLEDGE THAT Questler SHALL NOT BE LIABLE FOR
USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY
THIRD PARTY AND
THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Indemnity
You agree to defend, indemnify and hold harmless Questler, its owners, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney´s fees) arising from:
(i) your use of and access to the Questler website;
(ii) your violation of any term of these Terms of Use;
(iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or
(iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Questler website.
Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Questler without restriction.
