1. Registration Information
In order to access certain restricted portions of this Site or to sign-up for the Service, You must be 18 years old and You are required to register on this Site by completing a Registration Form or Enrollment Form (collectively, the “Registration Form”). Qwoach may accept or reject any Registration Form in its sole discretion. You represent and warrant that the information provided when registering is accurate, complete and current as of the date submitted and that You will update such information from time to time as necessary. These Terms shall be incorporated into, and form an integral part of, each Registration Form.
As part of the registration process, You will select a user name based on your e-mail (“User Name”), and a password (“Password”) to access the User Name. Your User Name and Password are your credentials (“Credentials”) to access the restricted portions of this Site. You may not have a User Name that is vulgar, attempts to impersonate another person, or violates the rights of others. Qwoach may also reject any User Name that Qwoach determines in its discretion is unacceptable for use on this Site.
You are solely responsible for all use of this Site under your User Name and Password and for maintaining the confidentiality of your User Names and Passwords and will (i) promptly notify Qwoach of any actual or suspected unauthorized use of this Site or Service, and (ii) ensure that you exit from your account at the end of each session. If you disclose or otherwise allow discovery of your User Name and/or Passwords to or by any person(s) or entity, you assume all risks and losses associated with such disclosure.
2. General Rules and Abuse
You agree not to engage in any of the following prohibited activities: (i) copying, modifying, creating derivatives, distributing, disclosing, selling or offering to sell any part of the Site or Service in any medium, including without limitation by any automated or non-automated scraping; (ii) using any automated system, including without limitation robots, spiders, offline readers, etc., to access the Site or Service in a manner that sends more request messages to the Qwoach servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Qwoach grants the operators of public search engines revocable permission to use spiders to copy materials from qwoach.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited emails or messages through the Site or Service; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Site or Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Site or Service; (viii) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (ix) interfering with the proper working of the Site or Service; (x) accessing any content on the Site or Service through any technology or means other than those provided or authorized by the Site or Service; or (xi) bypassing the measures we may use to prevent or restrict access to the Site Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or Service or the content therein.
We may, without prior notice, change the Site or Service; stop providing the Site or Service or features of the Site or Service, to you or to users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Site or Service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms.
Qwoach has the right to modify, suspend or discontinue, temporarily or permanently, the Site or Service, any products or services provided by Qwoach through the Site or Service, or your right to access or use any portion of the Site or Service, in Qwoach’s sole discretion, at any time and without prior notice, for any reason, including without limitation: (1) attempts by you (or another party) to gain unauthorized access to the Site, Service or assist others in attempting to do so, (2) your (or another party’s) disabling of any security features on the Site or Service, (3) your violation of these Terms, (4) suspected or actual infringement of a third party’s intellectual property rights or (5) pursuant to requests by law enforcement or other government agencies. The obligations and liabilities you incurred prior to the termination date shall survive the termination of these Terms for all purposes. In the event of any such termination, the restrictions on your use of the material on the Site or Service shall survive such termination, and you agree to be bound by those terms. YOU ACKNOWLEDGE AND AGREE THAT Qwoach SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF ANY SITE OR ANY SERVICE OR INFORMATION PROVIDED ON THIS SITE OR ACCESSED BY YOU THROUGH THIS SITE OR SERVICE.
3. Our Proprietary Rights; License Grant
Qwoach Site, Service and Content. The Service, Site and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music (collectively, the ”Qwoach Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Qwoach and, to the extent applicable, its licensors. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Qwoach Content. Use of the Qwoach Content for any purpose not expressly permitted by these Terms is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Site, Service or the Qwoach Content, including without limitation about how to improve the Site, Service, our products, services and the Qwoach Content (collectively, “Idea”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Qwoach under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Qwoach does not waive any rights to use similar or related ideas previously known to Qwoach, or developed by its employees, or obtained from sources other than you.
License Grant. Subject to the terms and conditions of these Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Site, Service and Qwoach Content for your personal or internal business purpose use only and as permitted by the features of the Site or Service. Qwoach reserves all rights not expressly granted herein in the Site, Service and the Qwoach Content (as defined below). Qwoach may terminate this license at any time for any reason or no reason.
The Site provides general information about Qwoach and its products and services. Use of this Site is limited to legitimate purposes. Qwoach may, from time to time, introduce new features to the Site or Service, or modify or delete existing features, in its sole discretion. Qwoach shall notify you of any of these changes to features to the extent Qwoach is required by law to do so. By using any new or modified features to the Site or Service when they become available, you agree to be bound by these Terms concerning such new features.
Qwoach has no obligation to update any information or content on any Site. Accordingly, Qwoach, its subsidiaries, affiliated companies and joint partners assume no responsibility regarding the accuracy of the information or content provided on the Site. Any use of the information or content provided on this Site is done so at your own risk.
4. Third Party Websites
5. Paid Services
Billing Policies. Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the pricing and payment terms listed on the Site, as Qwoach may update them from time to time. Qwoach may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in these Terms. Qwoach may lock your account for non-payment at any time. In addition to the amount due, delinquent accounts and/or chargebacks will be charged with fees and/or charges that are incidental to the collection of delinquent accounts and/or chargebacks including, but not limited to, collection fees and/or convenience fees and/or other third parties’ charges. You hereby explicitly agree that all communication in relation to delinquent accounts will be made by electronic mail or by phone. Such communication may be made by Qwoach or by anyone on our behalf, including but not limited to a third party collection agent.
Payment Information; Taxes. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
Free Trial. Qwoach is under no obligation to offer a free trial of any products or services. However, Qwoach may, at its sole discretion, offer free trials. Qwoach makes no warranties about the delivery time of such a free trial, and all free trials are subject to discontinuation by Qwoach at any time for any reason, without notice. Upon the cancellation of a free subscription of the Service, any discount obtained via a coupon code will be null and void and any future subscription for the Service will be charged pursuant to Qwoach’s normal pricing structure at that time.
Qwoach will attempt to find email addresses or a contact form link for each contact through your use of the Service. Any contact that you submit for a crowdsourcing campaign must have a website listed.
7. Third-Party Reliance
Some of Qwoach’s products and services exist and rely on sites owned and operated by third-parties. Certain functional aspects of Qwoach’s products and services may be out of our control. Accordingly, Qwoach cannot guarantee the continued reliability or functionality of products or services hosted on third-party sites. Qwoach will make commercially reasonable efforts to assist you in accessing and trouble-shooting affected products.
You understand that some websites may require permission to scan their URL or website content. According, You agree that You have obtained the necessary permission to access and scan any URLs or website content that you submit through the Site or Service. Qwoach hereby disclaims, and You release Qwoach from any and all liability associated with unauthorized scanning of any website URL or website content.
9. International Use
Qwoach makes no representation that materials on the Site or the Service are appropriate or available for use in any location, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Site or Service from other locations do so on their own initiative and are responsible for compliance with local laws.
10. User Contributions to the Site or Service
There may be opportunities for you to contribute information, data or materials to the Site, which may include, among others, uploading information, participating in chats, using our bulletin boards, etc., which information, data or materials we collectively call “User Content.” Qwoach is not liable or responsible for any User Content provided by its users or other third parties to the Site, including Suppliers. The contributions of third parties do not necessarily represent the view or opinions of Qwoach. Qwoach cannot preview User Content before it appears on the Site. You can be held liable for any illegal or prohibited User Content you provide to any Site, including among other things, infringing, defamatory or offensive materials.
You acknowledge and agree that any information, comments, documents, images or general content you enter in or post on this Site may be viewed by any other users with access to this Site, and therefore will not be considered confidential by you. By providing any such information, comments, documents, images or general content to Qwoach, you grant to Qwoach an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information, comments, documents, images or general content on this Site. You further agree that Qwoach is free to use any ideas, concepts or know-how that you, or individuals acting on your behalf, provide to Qwoach.
11. Links and Search Results
For the avoidance of doubt, the Site or Service may automatically produce search results that reference or link to third-party sites throughout the World Wide Web. Qwoach has no control over those sites or the content within them. Qwoach cannot guarantee, represent or warrant that the content contained in those third-party sites is accurate, legal and/or inoffensive. Qwoach does not endorse the content of any third-party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. By using the Site or Service to search for or link to another site, you agree and understand that you may not make any claim against Qwoach for any damages or losses whatsoever resulting from your use of the Site or Service to obtain search results or to link to another site.
This Site may use hyperlinks as a convenience to you so that certain reference material, Qwoach-related subjects and other pertinent material is easily accessible. Linked and referenced sites may not be operated, controlled or maintained by Qwoach. Hyperlinks and references to other sites, including any Qwoach-affiliated entity, do not constitute sponsorship, endorsement or approval by Qwoach of the information, content, policies or practices of such linked or referenced sites. Qwoach, its subsidiaries, affiliated companies and joint partners do not accept any responsibilities for any information or content, availability, policies, practices or any use of such sites. You access, browse and use such sites at your own risk.
12. Commercial User
For the avoidance of doubt, the Site may not be used by our visitors for any commercial purposes other than to inquire about the products or services of Qwoach, and use such products or services, without the express consent of Qwoach. You must obtain our prior written consent to make commercial offers of any kind on the Site, whether by advertising, solicitations, links, or any other form of communication. Without limiting the foregoing, you may not resell or link to other sites for the purpose of selling Qwoach products or services of any kind. We will investigate and take appropriate legal action against anyone who violates this provision, including, without limitation, removing the offending communication from the Site and barring such violators from use of the Site. We reserve the right to block access to or cancel any order for any user known or reasonably believed to be in violation of this provision.
13. Violation of these Terms
You understand and agree that in Qwoach’s sole discretion, and without prior notice, we may terminate your access to the Site or Service, cancel any transactions or exercise any other remedy available and remove any unauthorized User Content if we believe that the User Content you provided, or your use of the Site or Service, has violated or is inconsistent with these Terms or violated the rights of Qwoach, another user, or the law or constitutes a breach of these Terms. You agree that monetary damages may not provide a sufficient remedy to Qwoach for violations of these Terms and you consent to injunctive or other equitable relief for such violations. Qwoach may release user information about you if required by law or subpoena, or if release of the information is necessary or appropriate to address an unlawful or harmful activity. Qwoach is not required to provide any refund to you if your account is terminated because you have violated these Terms.
Qwoach is not responsible for the products, services, actions or failures to act of any third party referenced on the Site.
14. Disclaimer of Warranties
YOU USE THE SITE, THE SERVICE AND THE PRODUCTS AND OTHER SERVICES OFFERED ON THE SITE AT YOUR OWN RISK. ALL INFORMATION AND CONTENT AND ALL PRODUCTS AND SERVICES OFFERED OR ACCESSED THROUGH THE SITE OR SERVICE, INCLUDING CONTENT PROVIDED BY THIRD-PARTY PROVIDERS, ADVERTISERS AND SPONSORS ON ANY SITE, IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURCHASE, TITLE OR NON-INFRINGEMENT. ALL INFORMATION, CONTENT, PRODUCTS AND SERVICES OFFERED OR ACCESSED THROUGH ANY HYPERLINKED SITE IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION OF ANY KIND, AND IS USED AT YOUR OWN RISK.
WITHOUT LIMITING THE ABOVE DISCLAIMERS, Qwoach AND ITS SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, AND JOINT PARTNERS: (1) MAKE NO WARRANTIES OR REPRESENTATIONS WHATSOEVER CONCERNING THIS SITE, THE SERVICE OR ANY OTHER INTERNET SITE, THE ACCESS TO, OR THE AVAILABILITY OR USE OF, THIS SITE, THE SERVICE OR ANY OTHER INTERNET SITE, THE INFORMATION AND CONTENT FROM WHATEVER SOURCE POSTED ON OR REFERRED TO ON THE SITE, THE SERVICE OR ANY OTHER INTERNET SITE OR THE ACCURACY, COMPLETENESS OR TIMELINESS OF SUCH INFORMATION OR CONTENT; (2) DO NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO, OR USE OF, THIS SITE, THE SERVICE OR ANY OTHER INTERNET SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE SERVICE OR ANY OTHER INTERNET SITE IS, OR THE INFORMATION OR CONTENT FROM WHATEVER SOURCE AVAILABLE FOR USE OR DOWNLOADING ARE, FREE OF COMPUTER VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS; (3) DO NOT REPRESENT OR WARRANT THAT THE SERVICE OR ANY OTHER SERVICES OR PRODUCTS LISTED ON, OR ACCESSED THROUGH, THIS SITE WILL BE AVAILABLE FOR PURCHASE OR NOT WITHDRAWN AT ANY TIME AND MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER CONCERNING SUCH PRODUCTS OR SERVICES; AND (4) DO NOT REPRESENT OR WARRANT THE ACCURACY, FUNCTIONALITY OR SPECIFICATIONS OR ANY OTHER ASPECT OF ITEMS FROM WHATEVER SOURCE POSTED OR ACCESSED THROUGH THIS SITE. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
15. Limitation of Liability
IN NO EVENT WILL Qwoach, ITS SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, OR SUPPLIERS BE LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THIS SITE, THE SERVICE OR ANY OF THE PRODUCTS OR SERVICES OFFERED OR ACCESSED THROUGH THIS SITE, OR ANY OTHER HYPERLINKED SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST REVENUES, LOST PROFITS, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR SYSTEM OR OTHERWISE ARISING OUT OF THE USE OR MISUSE OF OR INABILITY TO USE ANY SITE OR THE INFORMATION, CONTENT, DOCUMENTS OR SOFTWARE THEREOF, EVEN IF Qwoach, ITS SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, OR SUPPLIERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY A THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY AGAINST Qwoach, ITS SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, AND SUPPLIERS IS TO DISCONTINUE USE OF THIS SITE AND ANY HYPERLINKED SITES AND TO DISCONTINUE THE USE OF PRODUCTS AND SERVICES OFFERED OR ACCESSED ON THIS SITE AND ANY HYPERLINKED SITES.
You agree to defend, indemnify, save and hold harmless Qwoach and its subsidiaries, affiliated companies, joint partners and licensees and their respective directors, members, shareholders, officers, employees and agents from and against all liabilities, claims, damages and expenses, including reasonable attorneys’ fees as incurred, arising out of your use of the Site and the Service, including any violation or alleged violation of these Terms.
18. No Recommendations or Advice Provided
Although information and User Content may be available through the Site or Service, You should not construe such information and content as expressing the opinions of or endorsement by Qwoach. You alone bear the responsibility of evaluating any information or content available on the Site or Service. In exchange for using such information or content, You hereby agree to release Qwoach from any claim and to not hold Qwoach liable for any possible claim for damages arising from any decision You may make based on information or content available on the Site or the Service.
You warrant to Qwoach that you will not attempt to gain unauthorized access to any services offered by Qwoach or computer systems or networks connected to any Qwoach server through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by Qwoach. When using the Site You agree not to pretend to be someone else or spoof their identity.
Qwoach controls the Site and the Service (excluding linked sites) from its offices in Denmark and makes no representation that any content contained in this Site is appropriate or available for use in other locations. Accessing this Site in locations where the use of such content is illegal is prohibited. By accessing this Site You agree that the statutes and laws of the Republic of Belarus, notwithstanding any principles of conflicts of law, will apply to all matters relating to use of the Site and the Service and that if You use this Site from any other location you are responsible for compliance with applicable local laws. Any claim relating to the Site or Service shall be litigated in the state and courts having jurisdiction in the Republic of Belarus and You hereby consent to the jurisdiction and venue of those courts. If any part of these Terms is deemed unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site, the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles herein are for convenience only and have no legal or agreementual effect. When applicable, You further agree, as a condition of using this Site, to ensure that all of your agents, employees and independent agreementors adhere to these Terms.