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Qualibid Terms of Use
PLEASE CAREFULLY READ THE FOLLOWING
It is important that you read, understand, and agree to the terms of this document, as it creates a binding contract between you and Qualibid. These terms define and limit your rights and responsibilities in accessing and using Qualibid.com and any of its subdomains (the “Website”).
By accessing and using the content of the Website, you agree to be bound by the terms set out herein (the “Terms of Use”) and accept our Privacy Policy. You are also responsible to regularly check for modifications of these documents and your regular and continued access and use shall imply their acceptance.
Should you disagree with any of the terms set out in these Terms of Use or in our Privacy Policy, you should not use Qualibid services or any other material on the Website and leave immediately.
1. INTELLECTUAL PROPERTY
All intellectual property of Qualibid such as copyrights, trademarks, trade names, patents, registered designs and any other automatic intellectual property rights derived from the aesthetics or functionality of the Website (the “Intellectual Property”) remains the property of Qualibid. For more certainty, the entire content included in Qualibid’s Website, including but not limited to materials such as texts, images, videos, tutorials, designs, graphics, data, interface, code, programs, analysis, reports, information and the selection and arrangement thereof and other content collected, derived from, contained in, made available or used in connection with the Qualibid’s Website (the "Content"), is Qualibid property, or other respective owners, and is protected by copyright and the reproduction, copying, publication, retransmission, communication or use in anyway of the Content is strictly forbidden without our prior written consent.
By using the Website, User agrees to respect the Intellectual Property and Content of Qualibid and will refrain from copying, downloading, transmitting, reproducing, modifying, printing or exploiting it for personal purposes without the adequate credits to Qualibid or for any commercial purposes. The possibility to use the Website or providing information does not mean that Qualibid grants any license to User to use the Intellectual Property.
The Website may contain other proprietary notices and information of third parties that must also be respected.
In its use of the Content and the Website, the User will also make sure it does not in any way infringe any intellectual property rights of third parties.
When User sends or posts information on the Website, other than personal information as defined in the Privacy Policy, User grants Qualibid nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, display, perform, modify, transmit and distribute such information or such material without restriction. User further agrees that Qualibid is free to use any ideas, concepts, know-how or techniques that were sent or posted for any purpose whatsoever. User represents and warrants that he owns or controls all rights to such information, that it is accurate and that its use not violate these Terms of Use and will not cause injury to any person or entity.
2. PROHIBITED USES
User agrees not to use the Website for illegal purposes, and will do so in a manner that respects all applicable laws and regulations.
User will not post information that is illegal, wrong, obscene, threatening, defamatory, prejudicial to third parties or infringing privacy. Qualibid reserves the right (but has no obligation) to remove or edit such content, if it is reported, but does not regularly or systematically verifies it.
User will not use the Website in a way that may impair Website, server or communication network performance, corrupt Website content or otherwise reduce its overall functionality, compromise the security of the Website or attempt to gain access to secured areas or sensitive information. Thus User will not introduce computer viruses, phishing or any form of spamming. Any information or material sent to Qualibid in this context will be discarded.
As an example, User is not allowed to perform the following actions while using the Website:
- perpetrate any form of fraud or piracy;
- use means that would limit the peaceful use of the Website by other users or a third party;
- threaten, harass, stalk, abuse and generally detract in any way whatsoever other users of Website or third parties;
- publish defamatory and/or knowingly false material;
- introduce any form of malicious software into or through the Website;
- reveal confidential or personal information of other users or a third party
- hack into unauthorized areas, intercept or attempt to intercept email or other private communication that are not directed to User;
- turn the Website into an instrument of mass communication to communicate unsolicited or irrelevant messages;
- use a false email address, impersonate a person or entity, or otherwise mislead as to the origin of any content
- undertake deliberate activities that waste Qualibid staff efforts or valuable Website resources;
- perform other illegal activities.
3. HYPERLINKS TO THIRD PARTIES WEBSITES
The Website may contain hyperlinks to websites operated by third parties. Qualibid do not control their websites and takes no responsibility for, and nor will it incur any liability with respect to their content. Inclusion of hyperlinks to its Website does not imply any endorsement of views, statements or information contained in such websites.
4. LIMITATION OF LIABILITY
Qualibid, its successors, officers, directors affiliates, employees, representatives and agents, will under no circumstances be liable for indirect, punitive special or exemplary damages resulting from the use of the Website and related tools and services, including namely, and without limitation, any interruption, loss of business, revenue, profits or information and the like, incurred by the User or by any third party arising or alleged to be arising from the use of the Website by the User (see Indemnification below).
For further clarity, Qualibid has no liability whatsoever in connection with any information or content posted on the Website by User or third parties and will in no circumstances be responsible for any violation of privacy or security breach of its Website by User or any third parties (also refer to Privacy Policy posted on Qualibid’s Website).
5. DISCLAIMERS
User is using the Website at its own responsibility and its own risks. Information contained therein is provided on an “as is” basis with no warranties expressed or otherwise implied relating to the accuracy, fitness for purpose, compatibility or security of any components of the Website.
Content of the Website, whether to browse online or to download, is provided on the understanding that the Qualibid is not engaged in rendering advice and should not be wholly relied upon when making any related decision.
Testimonials, case studies, and examples used are exceptional results and do not apply to the average advertiser; they are not intended to represent or guarantee that anyone will achieve the same or similar results. Each User's success depends on his background, dedication, desire and motivation. As with any business endeavour, there is an inherent risk of loss of capital and there is no guarantee that profits are going to be generated through the use of the Website.
Qualibid offers no guarantee of the uninterrupted availability of the Website and does not make any representation that using the Website will be error-free.
Qualibid offers no guarantee as to the longevity of Website and reserves the right to terminate it at any moment, at Qualibid's sole discretion and that without notice. Qualibid assumes no responsibility for any prejudice or drawback resulting from the termination of Website.
6. INDEMNIFICATION
User will indemnify, defend and hold harmless Qualibid, its successors, officers, directors affiliates, employees, representatives and agents consultants or contractors, from and against any claim, demand, action, investigation or other proceeding, including all damages, losses, liabilities, judgments, and all costs and expenses, including legal costs, brought by any third party against Qualibid (collectively, a "Claim") to the extent that the Claim is based on, or arises out of an allegation, including but without limitation, that User has:
a) violated any applicable law, rule or regulation;
b) infringed intellectual property rights or infringed any right of any third party;
c) committed libel, fraud, false advertising, misrepresentation or violated a right to privacy;
d) misused any information obtained through the Website; or
e) breached any term hereunder or any other relevant contractual undertaking that he might have entered into with Qualibid.
7. TERM
These Terms of Use shall have no term and remain in full force and effect, at all times, while having a User’s status and shall apply to any situation resulting from the access and use of the Website by the User shall be governed by these, such as, but not limited to obligations relating to Intellectual Property, liability issues (Limitation, Disclaimers, and Indemnification) and Jurisdiction.
8. MODIFICATIONS
Qualibid reserves the right to change any part of these Terms of Use without notice.
Qualibid has complete discretion to modify or remove any part of this Website without warning or liability arising from such action.
9. JURISDICTION
These Terms of Use, the Website and its access and use are governed by the laws of the Province of Quebec and subject to the interpretation of the latter. Any dispute, suit, action, proceeding or claim arising from the access and use of this Website or on these Terms of Use should be subject to the exclusive jurisdiction of the courts of the Province of Quebec, district of Montreal.
If User suffers any prejudice whatsoever or disagrees in any way with the interpretation or application of these Terms of Use, User's only recourse is to leave the Website.
These Terms of Use and any and all other legal notices posted on the Website constitute the entire agreement between User and Qualibid with respect to the use of Website, its content and any related Qualibid’s services.
10. MISCELLANEOUS
Interpretation. Headings and section titles are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
Severability. The provisions of these Terms of Use are severable, and if any provision of thereof is held invalid, illegal or unenforceable for any reason, such invalidity, illegality or unenforceability shall not affect the validity, legality or enforceability of the remainder of these Terms of Use.
Enforceability. The failure or delay of Qualibid to enforce any provision of these Terms of Use or other rights or remedies under law shall not constitute a waiver or limitation of Qualibid’s rights to enforce any provision of these Terms of Use or to exercise any other such rights or remedies.
Waiver. No waiver of any term, provision or condition of these Terms of Use, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
Additional Terms. The use of certain services of Qualibid may require compliance with additional rules, conditions, provisions or guidelines and specifics will be listed in a separate agreement. Should confusion between these Terms of Use and any specific conventions occur, the latter shall prevail.
Independent Contractor. The relationship of Qualibid and User is and at all times shall remain one of independent contractors. Neither party is in any way a partner, joint venturer, affiliate, agent or representative of the other for any purpose whatsoever, nor has the legal right or authority to make any representation, warranty, promise, guaranty or agreement in the name of or for the account of the other under these Terms of Use, except as otherwise expressly authorized by a party under these Terms of Use.
Force Majeure. Qualibid shall have no liability under these Terms of Use (to the extent permitted by applicable law) by reason of any failure or delay in the performance of its obligations on account of strikes, shortages, riots, acts of terrorism, insurrection, fires, flood, storm, explosions, earthquakes, Internet and/or electrical outages, computer viruses, acts of God, war, governmental action, or any cause that is beyond Qualibid’s reasonable control.
11. INFORMATION REQUESTS
User can contact Qualibid by email at support@qualibid.com.
Qualibid will respond to requests or investigate concerns as soon as possible, but no later than thirty (30) days after the date of receipt. Qualibid will provide User with adequate answers and will take all the necessary measures to address valid concerns, including, if required, modifications to policies and practices.
Updated: October 31, 2012.
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