Our intellectual
property
We are the owner or the licensee of all intellectual
property rights in our Services, including all source code, databases, functionality,
software, website designs, audio, video, text, photographs, and graphics in the Services
(collectively, the "Content"), as well as the trademarks, service
marks, and logos contained therein (the "Marks").
Our Content and Marks are protected by copyright and
trademark laws (and various
other intellectual property rights and unfair competition laws) and treaties in the
United
States and around the world.
The Content and Marks are provided in or through the
Services "AS IS" for your
personal, non-commercial use only.
Your use of our
Services
Subject to your compliance with these Legal Terms, including
the "
PROHIBITED
ACTIVITIES
"
section below, we grant you a non-exclusive, non-transferable, revocable license
to:
- access the Services; and
- download or print a copy of any portion of the Content
to which you have properly gained access.
solely for your
personal, non-commercial use.
Except as set out in this section or elsewhere in
our Legal Terms, no part of the Services and no Content or Marks may be copied,
reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
permission.
If you wish to make any use of the Services,
Content, or Marks other than as set out in this section or elsewhere in our Legal Terms,
please address your request to quisco.helpdesk@gmail.com. If
we ever grant you the permission to post, reproduce, or publicly display any part of our
Services or Content, you must identify us as the owners or licensors of the Services,
Content, or Marks and ensure that any copyright or proprietary notice appears or is
visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you
in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights
will constitute a material breach of our Legal Terms and your right to use our Services
will terminate immediately.
Your submissions and contributions
Please review this section and the "PROHIBITED ACTIVITIES
"
section carefully prior to using our Services to understand the (a) rights you give us
and (b) obligations you have when you post or upload any content through the Services.
Submissions: By directly sending us any
question, comment, suggestion, idea, feedback, or other information about the Services (
"Submissions"
), you agree to assign to us all intellectual property rights in such Submission.
You agree that we shall own this Submission and be entitled to its unrestricted use and
dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or
compensation to you.
Contributions: The Services may invite you to
chat, contribute to, or participate in blogs, message boards, online forums, and other
functionality during which you may create, submit, post, display, transmit, publish,
distribute, or broadcast content and materials to us or through the Services, including
but not limited to text, writings, video, audio, photographs, music, graphics, comments,
reviews, rating suggestions, personal information, or other material ("Contributions"). Any Submission that is publicly
posted shall also be treated as a Contribution.
You understand that Contributions may be viewable by other
users of the Services and possibly through
third-party websites.
When you post Contributions, you grant us a license (including use of your name,
trademarks, and logos): By posting any Contributions, you grant us an
unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable,
royalty-free, fully-paid, worldwide right, and
license to: use, copy, reproduce,
distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly
display, reformat, translate, excerpt (in whole or in part), and exploit your
Contributions (including, without limitation, your image, name, and voice) for any
purpose, commercial, advertising, or otherwise, to prepare derivative works of, or
incorporate into other works, your Contributions, and to
sublicense the licenses granted in
this section. Our use and distribution may occur in any media formats and through any
media channels.
This license includes our use of your name, company
name, and franchise name, as applicable, and any of the trademarks, service marks, trade
names, logos, and personal and commercial images you provide.
You are responsible for what you post or
upload: By sending us Submissions
and/or posting Contributions through any
part of the Services or making Contributions
accessible through the Services by linking your account through the Services to any of
your social networking accounts,
you:
- confirm that you have read and agree with our "
PROHIBITED ACTIVITIES
"
and will not post, send, publish, upload, or transmit through the
Services any Submission nor post any
Contribution that is illegal,
harassing, hateful, harmful, defamatory, obscene, bullying, abusive,
discriminatory, threatening to any person or group, sexually explicit, false,
inaccurate, deceitful, or misleading;
- to the extent permissible by applicable law, waive any
and all moral rights to any such Submission
and/or Contribution;
- warrant that any such Submission and/or Contributions are original to you or that
you have the necessary rights and licenses
to submit such Submissions and/or Contributions and that you have full
authority to grant us the above-mentioned rights in relation to your Submissions
and/or Contributions; and
- warrant and represent that your Submissions and/or Contributions do not constitute confidential
information.
You are solely
responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for
any and all losses that we may suffer because of your breach of (a) this section, (b) any third
party’s intellectual property rights, or (c) applicable law.
We may remove or
edit your Content: Although we have no obligation to monitor any Contributions,
we shall have the right to remove or edit any Contributions at any time without notice if in our
reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. If
we remove or edit any such Contributions, we may also suspend or disable your account and report
you to the authorities.
Copyright
infringement
We respect the
intellectual property rights of others. If you believe that any material available on or through
the Services infringes upon any copyright you own or control, please immediately refer to the
"
COPYRIGHT INFRINGEMENTS
"
section
below.
9. SOCIAL
MEDIA
As
part of the functionality of the Services, you may link
your
account with online accounts you have with third-party
service
providers (each such account, a
"Third-Party Account") by
either:
(1) providing your Third-Party Account login information
through
the Services; or (2) allowing us to access your Third-Party
Account, as is permitted under the applicable terms and
conditions that govern your use of each Third-Party
Account. You represent and warrant that you are entitled
to
disclose your Third-Party
Account
login information to us and/or grant us access to your
Third-Party
Account, without breach by you of any of the terms and
conditions that govern your use of the applicable Third-Party
Account, and without obligating us to pay any fees or
making us
subject to any usage limitations imposed by the
third-party
service provider of the Third-Party
Account. By granting us access to any Third-Party
Accounts, you understand that (1) we may access, make
available,
and store (if applicable) any content that you have
provided to
and stored in your Third-Party
Account
(the "Social Network
Content"
) so that
it is
available on and through the Services via your account,
including without limitation any friend lists and (2) we
may
submit to and receive from your Third-Party
Account
additional information to the extent you are notified
when you
link your account with the Third-Party
Account. Depending on the Third-Party
Accounts you choose and subject to the privacy settings
that you
have set in such Third-Party
Accounts, personally identifiable information that you
post to
your Third-Party
Accounts may be available on and through your account on
the
Services. Please note that if a Third-Party
Account
or associated service becomes unavailable or our access
to such
Third-Party
Account
is terminated by the third-party service provider, then
Social
Network Content may no longer be available on and
through the
Services. You will have the ability to disable the
connection
between your account on the Services and your Third-Party
Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP
WITH
THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR
THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR
AGREEMENT(S)
WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no
effort to
review any Social Network Content for any purpose,
including but
not limited to, for accuracy, legality, or
non-infringement, and
we are not responsible for any Social Network Content.
You
acknowledge and agree that we may access your email
address book
associated with a Third-Party
Account
and your contacts list stored on your mobile device or
tablet
computer solely for purposes of identifying and
informing you of
those contacts who have also registered to use the
Services. You
can deactivate the connection between the Services and
your
Third-Party
Account
by contacting us using the contact information below or
through
your account settings (if applicable). We will attempt
to delete
any information stored on our servers that was obtained
through
such Third-Party
Account, except the username and profile picture that
become
associated with your account.
10. THIRD-PARTY
WEBSITES AND CONTENT
The Services
may
contain (or you may be sent via the Site) links to other websites (
"Third-Party Websites") as well as
articles,
photographs, text, graphics, pictures, designs, music, sound, video, information,
applications,
software, and other content or items belonging to or originating from third parties (
"Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated,
monitored, or checked for accuracy, appropriateness, or completeness by us, and we are
not
responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available
through,
or installed from the Services, including the content, accuracy, offensiveness,
opinions,
reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking
to, or
permitting the use or installation of any Third-Party
Websites or any Third-Party Content does not
imply
approval or endorsement thereof by us. If you decide to leave the Services and access
the Third-Party Websites or to use or install
any Third-Party Content, you do so at your
own risk,
and you should be aware these Legal Terms no longer govern. You should review the
applicable
terms and policies, including privacy and data gathering practices, of any website to
which you
navigate from the Services or relating to any applications you use or install from the
Services.
Any purchases you make through Third-Party
Websites
will be through other websites and from other companies, and we take no responsibility
whatsoever in relation to such purchases which are exclusively between you and the
applicable
third party. You agree and acknowledge that we do not endorse the products or services
offered
on Third-Party Websites and you shall hold us
blameless from any harm caused by your purchase of such products or services.
Additionally, you
shall hold us blameless from any losses sustained by you or harm caused to you relating
to or
resulting in any way from any Third-Party
Content or
any contact with Third-Party Websites.
11. SERVICES
MANAGEMENT
We reserve the right, but
not the
obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take
appropriate legal
action against anyone who, in our sole discretion, violates the law or these Legal Terms,
including
without limitation, reporting such user to law enforcement authorities; (3) in our sole
discretion and
without limitation, refuse, restrict access to, limit the availability of, or disable (to the
extent
technologically feasible) any of your Contributions or any portion thereof; (4) in our sole
discretion
and without limitation, notice, or liability, to remove from the Services or otherwise disable
all files
and content that are excessive in size or are in any way burdensome to our systems; and (5)
otherwise
manage the Services in a manner designed to protect our rights and property and to facilitate
the proper
functioning of the Services.
12. PRIVACY
POLICY
We care about
data
privacy and security. Please review our Privacy Policy: https://www.quisco.co/privacy-policy
. By using the Services, you agree to be bound by our Privacy Policy, which is
incorporated into these Legal Terms. Please be advised the Services are hosted in
Germany
. If you access the Services from any other region of
the
world with laws or other requirements governing personal data collection, use, or
disclosure
that differ from applicable laws in
Germany
, then through your continued use of the Services,
you are
transferring your data to
Germany
, and you expressly consent to have your data
transferred to
and processed in
Germany
.
13. COPYRIGHT
INFRINGEMENTS
We respect the
intellectual property rights of others. If you believe that any material available on or
through
the Services infringes upon any copyright you own or control, please immediately notify
us using
the contact information provided below (a
"Notification"). A copy of your
Notification will be sent to
the person who posted or stored the material addressed in the Notification. Please be
advised
that pursuant to applicable law you may be held liable for damages if you make material
misrepresentations in a Notification. Thus, if you are not sure that material located on
or
linked to by the Services infringes your copyright, you should consider first contacting
an
attorney.
14. TERM
AND TERMINATION
These Legal
Terms shall
remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER
PROVISION
OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE
OR
LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP
ADDRESSES), TO
ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF
ANY
REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY
APPLICABLE LAW OR
REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE
YOUR ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR
SOLE
DISCRETION.
If we terminate
or
suspend your account for any reason, you are prohibited from registering and creating a
new
account under your name, a fake or borrowed name, or the name of any third party, even
if you
may be acting on behalf of the third party. In addition to terminating or suspending
your
account, we reserve the right to take appropriate legal action, including without
limitation
pursuing civil, criminal, and injunctive redress.
15. MODIFICATIONS
AND INTERRUPTIONS
We reserve the
right to
change, modify, or remove the contents of the Services at any time or for any reason at
our sole
discretion without notice. However, we have no obligation to update any information on
our
Services. We will not be liable to you or any third
party for
any modification, price change, suspension, or discontinuance of the Services.
We cannot
guarantee the
Services will be available at all times. We may experience hardware, software, or other
problems
or need to perform maintenance related to the Services, resulting in interruptions,
delays, or
errors. We reserve the right to change, revise, update, suspend, discontinue, or
otherwise
modify the Services at any time or for any reason without notice to you. You agree that
we have
no liability whatsoever for any loss, damage, or inconvenience caused by your inability
to
access or use the Services during any downtime or discontinuance of the Services.
Nothing in
these Legal Terms will be construed to obligate us to maintain and support the Services
or to
supply any corrections, updates, or releases in connection therewith.
16. GOVERNING
LAW
These Legal
Terms are
governed by and interpreted following the laws of
Croatia
, and the use of the United Nations Convention of Contracts for the International
Sales
of Goods is expressly excluded. If your habitual residence is in the EU, and you are a
consumer,
you additionally possess the protection provided to you by obligatory provisions of the
law in
your country to residence. Quisco and yourself both agree to
submit
to the non-exclusive jurisdiction of the courts of Zagreb,
which
means that you may make a claim to defend your consumer protection rights in regards to
these
Legal Terms in
Croatia
, or in the EU country in which you reside.
17. DISPUTE
RESOLUTION
Binding
Arbitration
Any
dispute
arising from the relationships between the Parties to these Legal Terms shall be determined by
one
arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the
European
Court of Arbitration being part of the European Centre of Arbitration having its seat in
Strasbourg, and
which are in force at the time the application for arbitration is filed, and of which adoption
of this
clause constitutes acceptance. The seat of arbitration shall be
Zagreb,
Croatia
. The language of the proceedings shall be
Croatian
. Applicable rules of substantive law shall be the law of
Croatia
.
Restrictions
The
Parties
agree that any arbitration shall be limited to the Dispute between the Parties individually. To
the full
extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there
is no
right or authority for any Dispute to be arbitrated on a class-action basis or to utilize
class action
procedures; and (c) there is no right or authority for any Dispute to be brought in a purported
representative capacity on behalf of the general public or any other persons.
Exceptions to Arbitration
The Parties agree that the following Disputes are not subject
to the
above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect,
or
concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute
related
to, or arising from, allegations of theft, piracy, invasion of privacy, or
unauthorized use; and (c) any claim for
injunctive
relief. If this provision is found to be illegal or unenforceable, then neither Party will elect
to
arbitrate any Dispute falling within that portion of this provision found to be illegal or
unenforceable
and such Dispute shall be decided by a court of competent jurisdiction within the courts listed
for
jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
18. CORRECTIONS
There
may be
information on the Services that contains typographical errors, inaccuracies, or omissions,
including
descriptions, pricing, availability, and various other information. We reserve the right to
correct any
errors, inaccuracies, or omissions and to change or update the information on the Services at
any time,
without prior notice.
19.
DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND
AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK.
TO THE
FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN
CONNECTION
WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO
WARRANTIES
OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE
CONTENT OF
ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO
LIABILITY OR
RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS,
(2)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS
TO AND
USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR
ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS,
VIRUSES, TROJAN
HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD
PARTY,
AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR
DAMAGE OF ANY
KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE
MADE
AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR
ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY
HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR
OTHER
ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING
ANY
TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH
THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD
USE YOUR
BEST JUDGMENT
AND EXERCISE CAUTION WHERE APPROPRIATE.
20. LIMITATIONS
OF LIABILITY
IN NO EVENT WILL
WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY
FOR ANY
DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE
DAMAGES,
INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM
YOUR
USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
21. INDEMNIFICATION
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of:
(1) your Contributions;
(2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and
warranties set forth in these Legal Terms; (5) your
violation of the rights of a third party, including but not limited to intellectual
property
rights; or (6) any overt harmful act toward
any other
user of the Services with whom you connected via the Services. Notwithstanding the
foregoing, we
reserve the right, at your expense, to assume the exclusive
defense and control of any matter for
which you
are required to indemnify us, and you agree to cooperate, at your expense, with our defense
of
such claims. We will use reasonable efforts to notify you of any such claim, action, or
proceeding which is subject to this indemnification upon becoming aware of it.
21. USER
DATA
We will maintain
certain data that you transmit to the Services for the purpose of managing the
performance of the Services, as well as data relating to your use of the Services.
Although we
perform regular routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Services. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
23. ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and
completing online forms constitute electronic communications. You consent to receive
electronic
communications, and you agree that all agreements, notices, disclosures, and other
communications we provide to you electronically, via email and on the Services, satisfy
any
legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF
ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY
OF
NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE
SERVICES.
You hereby waive any rights or requirements under any statutes, regulations, rules,
ordinances,
or other laws in any jurisdiction which require an original signature or delivery or
retention
of non-electronic records, or to payments or the granting of credits by any means other
than
electronic means.
24. MISCELLANEOUS
These Legal Terms and any policies or operating
rules posted by us on the Services or in respect to the Services constitute the entire
agreement
and understanding between you and us. Our failure to exercise or enforce any right or
provision
of these Legal Terms shall not operate as a waiver of such right or provision. These
Legal Terms
operate to the fullest extent permissible by law. We may assign any or all of our rights
and
obligations to others at any time. We shall not be responsible or liable for any loss,
damage,
delay, or failure to act caused by any cause beyond our reasonable control. If any
provision or
part of a provision of these Legal Terms is determined to be unlawful, void, or
unenforceable,
that provision or part of the provision is deemed severable from these Legal Terms and
does not
affect the validity and enforceability of any remaining provisions. There is no joint
venture,
partnership, employment or agency relationship created between you and us as a result of
these
Legal Terms or use of the Services. You agree that these Legal Terms will not be
construed
against us by virtue of having drafted them. You hereby waive any and all defenses
you
may have based on the electronic form of these Legal Terms and the lack of signing by
the
parties hereto to execute these Legal Terms.
25. CONTACT
US
In order to resolve a complaint regarding the
Services or to receive further information regarding use of the Services, please contact
us at
quisco.helpdesk@gmail.com