In order to access certain features of the Services and Website, you must register and create a account (“User Account”). To create an Account you must be at least 13 years old. You are responsible for keeping your User Account password confidential. You are also responsible for any and all actions and activities connected to your User Account. In the case of unauthorized use of your User Account, you agree to notify QuallyQue immediately.QuallyQue reserves the right to suspend and/or terminate your User Account at anytime for any reason, in its sole discretion. Causes for suspension or termination may include, but are not limited to:
The Website features two types of User Accounts:
Personal information--such as your name or e-mail address--that you voluntarily disclose in Listings, reviews or within other User Content, on message boards or in chat areas that are accessible to other users may be collected and used by third parties. QuallyQue is not responsible for any such collection or use.
Some of the Services require you to pay a fee, as described in the speciﬁc terms and conditions included where those Services are offered. You agree to pay all fees and charges that you incur. Unless otherwise noted, all currency references are in U.S. dollars. We may, upon notice if required by applicable laws, at any time change the amount of, or basis for determining, any fee or charge, or institute new fees or charges. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable.7. Third-party Applications and Sites Products, and Services.
The Website contains links to other Internet sites owned by third parties. The Website also allows account holders to automatically share information between QuallyQue and other third-party applications and websites. QuallyQue does not own or run any of those application or websites that you interact with through QuallyQue. Your use of those third-party applications and websites is subject to the conditions that each of those sites has posted and your agreement with those application and websites will control how your information will be used and shared by those applications. You are responsible for evaluating whether you want to use an application or website and whether you want to share information with it. QuallyQue has no control over sites and applications that are not our own, and therefore is not responsible in any way for them. QuallyQueʼs inclusion on the Website of any third- party application, content or link is not an endorsement of that third-party application, site or content therein.
If you allow an application or website to connect with your QuallyQue account, that application or website can access information on QuallyQue related to you, your Listing(s), User Content related to your Listing(s), and how you use the Services.
We do not sell, resell, or license any of the third party products, services or businesses that are reviewed, listed, or advertised on our sites, and we disclaim any responsibility for or liability related to them. Your correspondence or related activities with third parties, including payment transactions and goods-delivery transactions, are solely between you and that third party. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints, or claims related to any product or service should be directed to the appropriate vendor.9. User Content.
You should be aware that submitting User Content is a public, not private communication. When you voluntarily disclose personal information through your User Content, that information can be collected and used by others and may result in unsolicited messages from other people.
QuallyQue is not responsible and does not endorse any User Content or any opinion, recommendation, or advice expressed on the Website, and expressly disclaims any and all liability in connection with any User Content. QuallyQue reserves the right to determine whether any User Content is appropriate and complies with these Terms of Us, and may remove any Content and/or terminate your access or Account for violating of these Terms at any time, without prior notice and in our sole discretion.10. Restrictions on Use / Prohibited Content.
The Website and Services may be used and accessed for lawful purposes only. You agree to comply with all applicable local, state, national and foreign laws, treatises and regulations in connection with your use of the Website and Services. You agree that you will not:
You may contact our Copyright Agent at:
Attention: Copyright Agent
4701 SW Admiral Way #234
Seattle, WA 98116
Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that material or activity is infringing your copyrights.
12. Website Content.
The content on the Website, except all User Content, including without limitation, the text, software, scripts, graphics, music, photos, and the like ("Website Content") and the trademarks, service marks and logos contained therein are owned by or licensed to QuallyQue, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Website Content is provided solely for your information and personal use and cannot and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes without the prior written consent of the respective owners. You agree not to engage in the use, copying, or distribution of the Website Content other than as expressly permitted herein, including any use, copying, or distribution of User Content obtained from the Website for any commercial purposes. If you download or print a copy of the Website Content or User Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with any aspect of the Website.13. Termination; Cancellation.
14. Warranty Disclaimer.
YOUR USE AND BROWSING OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT COULD INCLUDE INACCURACIES OR OTHER ERRORS. ALL CONTENT ON THIS SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. THE QuallyQue DOES NOT WARRANT THAT USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE. QuallyQue DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CORRECTNESS, ACCURACY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS SITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT.15. Limitation of Liability.
IN NO EVENT SHALL QuallyQue, 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 SITE, (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 SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY 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 THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE QuallyQue IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU SPECIFICALLY ACKNOWLEDGE THAT QuallyQue SHALL NOT BE LIABLE FOR USER CONTENT 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. IN THE EVENT THAT YOU HAVE ANY DISPUTE WITH ONE OR MORE OTHER USERS OF THIS SITE, YOU RELEASE QuallyQue CLUB, ITS 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), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.