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| 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." |
| 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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
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. |
| 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. |
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. |
8.2 NEITHER QVS, ANY THIRD PARTY
CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL |
DAMAGES 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. |
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. |
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. |