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Disclaimers
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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.
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