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Legal Disclaimers

 

 

Any use of Web Site(s) which belong to Quexx International Ltd., its Subsidiaries and Associates (collectively “Quexx”) is subject to the following legal disclaimers, as well as to Quexx’s Privacy Policy and other proprietary rights and related policies.

1.      Contributor’s Responsibility
Those who provide material to, provide links to material from, or otherwise make material available by means of Quexx’s Web Sites (“Contributors”) are entirely responsible for the content of, and any harm resulting from, that material. By acting as a Contributor, you represent and warrant that:

    • the downloading, copying and use of the materials you make available will not infringe the proprietary rights, including but not limited to intellectual property rights
    • you have fully complied with any third-party licenses relating to such materials
    • the materials you make available do not contain any software viruses or other harmful or destructive content;
    • the materials you make available;
       - are not obscene or libelous
       - do not violate the right of privacy or publicity of any third party
    • you maintain and make accessible to Quexx, accurately described, categorized and traceable the type and nature of the materials, if and when requested by Quexx to do so.

Without limiting any of those representations or warranties, Quexx has the right (though not the obligation) to, in Quexx’s sole discretion:
(a) remove any content that, in Quexx’s reasonable opinion, violates any Quexx policy or is in any way harmful or objectionable; or
(b) require changes in any license or equivalent agreement relating to any materials made available by any Contributor.

2.      User’s Responsibility
Quexx has not reviewed, and cannot review, all of the material, including computer software, available on or by means of Quexx’s Web Sites, and cannot therefore be responsible for that material’s content, use or effects. By operating its Web Sites, Quexx does not represent or imply that it endorses the material there available, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses and other harmful or destructive content. Quexx's Web Sites may contain content that is offensive, indecent or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes and other errors. Quexx’s Web Sites may also contain material that violates the privacy or publicity rights, or infringes the proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Quexx disclaims any responsibility for any harm resulting from the use by Quexx's visitors of Quexx’s Web Sites, or from any downloading by those visitors of content available on or by means of Quexx’s Web Sites.

3.      Changes to the Content
Content contained on Quexx’s Web Sites, including these Legal Disclaimers and Limitations, may be changed at the sole discretion of Quexx and without notice. You are bound by any such updates or changes, and so should periodically review these Legal Disclaimers and Limitations.

4.      Third Party Web Sites
Quexx has not reviewed, and cannot review, all of the material, including computer software, made available through the Web Sites and webpages to which Quexx's Web Sites links, and that link to Quexx's Web Sites. Quexx does not have any control over those non-Quexx Web Sites and webpages, and is not responsible for their contents or their use. By linking to a non-Quexx Web Site or webpage, Quexx does not represent or imply that it endorses such Web Site or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses and other harmful or destructive content. Quexx disclaims any responsibility for any harm resulting from your use of non-Quexx Web Sites and webpages.

5.      Legal Disclaimers, Limitations and Warranties
Except as otherwise expressly stated, all content located at or available from Quexx’s Web Sites is provided “as is” and Quexx, its Subsidiaries and Associates, Clients, Licensors and Contractors make no representations or warranties, express or implied, including but not limited to warranties of fitness of the provided services and products, for a particular purpose, or warrant a non-infringement of proprietary rights. Without limiting the foregoing, Quexx, its Subsidiaries and Associates, Clients, Licensors and Contractors make no representation or warranty that content provided by Quexx’s Web Sites is free from error or suitable for any purpose; nor that the use of such content will not infringe any third party Copyrights, Trademarks or other Intellectual Property rights.
You understand and agree that you download or otherwise obtain any content through Quexx’s Web Sites at your own discretion and risk, and that Quexx, its Subsidiaries and Associates, Clients, Licensors and Contractors will have no liability or responsibility for any damage to your computer system or data that results from the download, copying or other use of such content. Some jurisdictions may not allow the exclusion of implied warranties and, in these specific circumstances, the above limitations may not apply to you.

6.      Limitation of Liability
Except when otherwise expressly stated, in no event will Quexx, its Subsidiaries and Associates, Clients, Licensors and Contractors be liable to you or any other party for any direct, indirect, special, consequential or exemplary damages, regardless of the basis or nature of the claim, resulting from any use of Quexx/s Web Sites, or the contants thereof or any hyperlinked Web Site, including without limitation any lost profits, business interruption, loss of data or otherwise, even if Quexx, its Subsidiaries and Associates, Clients, Licensors and Contractors were specifically advised of the possibility of such damage or limitation of liability for certain incidental or consequential damages, so some of the above limitations may not apply to you.

7.      General Representation and Warranty
You represent and warrant that your use of Quexx’s Web Sites will be in accordance with Quexx’s Privacy Policy, with these Legal Disclaimers and Limitations, with any applicable laws and regulations, and with any other applicable policy or terms and conditions.

8.      Indemnification
You agree to defend, indemnify and hold harmless Quexx, its Subsidiaries and Associates, Clients, Licensors and Contractors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of Quexx's Web Sites, including but not limited to out of your violation of any representation or warranty contained in these Legal Disclaimers and Limitations.

9.      Copyright
If you believe that content available by means of one of Quexx’s Web Sites infringes one or more of your copyrights, please immediately notify Quexx by means of a mailed or faxed notice ("Infringement Notice") providing the information described below to the address or fax number listed below. If Quexx takes action in response to an Infringement Notice, it will make a good faith attempt to contact the party that made such content available by means of the most recent email address, if any, provided by such party to Quexx. Please be advised that you may be held liable for damages based on certain material misrepresentations contained in an Infringement Notice. Thus, if you are not sure content located on or linked-to by the Web Site infringes your copyright, you should consider first contacting an attorney.

All Infringement Notices should include the following:
- A signature, electronic or physical, of the copyright owner or a person authorized to act on their behalf;
- An identification of the copyright claimed to have been infringed;
- A description of the nature and location of the content that you claim to infringe your copyright, in sufficient detail to permit Quexx to find and positively identify that content.
- Your name, address, telephone number and email address; and,
- A statement that:
(i) you believe in good faith that the use of the content that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner's agent; and,
(ii) under penalty of perjury, that all of the information contained in your Infringement Notice is accurate, and that you are either the copyright owner or a person authorized to act on their behalf.

Infringement Notices should be communicated to Quexx International Ltd.
Fax #: (1)( 604) 944 0752 or  e-mail.
 
 

Vancouver 2010

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