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Effective Date: 07/04/2019Version 1.0Applicable To The Following Website: qpchat.com, qpchat.xyz
THE AGREEMENT. The use of the Website and Services provided by Qpchat, LLC. (hereinafter referred to as "Qpchat") are subject to the following Terms of Service (hereinafter the "Agreement"), all parts and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of all pages on the Website (hereinafter collectively referred to as "Website") and any Services provided by or on the Website ("Service" or "Services").
| Applicable Website | This Agreement will refer to and be applicable to the websites listed above, which shall hereinafter be referred to as "Website." Any listed Website may also refer to a corresponding mobile application and desktop application, should one be currently in use or hereinafter developed. |
|---|---|
| Effective Date | "Effective Date" means the date this Agreement comes into force and effect. |
| Company, Us, We | The Company, as the creator, operator, and publisher of the Website, makes the Website, and certain Services on it, available to users. Company, Us, We, Our, Ours and other first-person pronouns will refer to Qpchat, as well as all employees and affiliates of Qpchat. |
| You, the User | You, as the user of the Website, will be referred to throughout this Agreement with second-person pronouns such as You, Your, Yours, Subscriber, or as User. |
| Parties | Collectively, the parties to this Agreement (Qpchat and You) will be referred to as Parties. |
By using the Website, You warrant that You have read and reviewed this Agreement and that You agree to be bound by it. If You do not agree to be bound by this Agreement, please leave the Website immediately. Qpchat only agrees to provide use of the Website and Services to You if You assent to this Agreement.
Qpchat may provide You with certain information as a result of Your use of the Website or Services. Such information may include, but is not limited to, documentation, data, or information developed by Qpchat, and other materials which may assist in Your use of the Website or Services ("Qpchat Materials"). Subject to this Agreement, Qpchat grants You a non-exclusive, limited, non-transferable and revocable license to use Qpchat Materials solely in connection with Your use of the Website and Services. Qpchat Materials may not be used for any other purpose, and this license terminates upon Your cessation of use of the Website or Services or at the termination of this Agreement.
You agree that the Website and all Services provided by Qpchat are the property of Qpchat, including all copyrights, trademarks, trade secrets, patents, and other intellectual property ("Qpchat IP"). You agree that Qpchat owns all right, title and interest in and to Qpchat IP and that You will not use Qpchat IP for any unlawful or infringing purpose. You agree not to reproduce or distribute Qpchat IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from Qpchat.
As a user of the Website or Services, You may be asked to register with Us. When You do so, You will choose a user identifier, which may be Your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, Your name, Your phone number, Your billing information. You are responsible for ensuring the accuracy of this information. This identifying information will enable You to use the Website and Services. You must not share such identifying information with any third party, and if You discover that Your identifying information has been compromised, You agree to notify Us immediately in writing. Email notification will suffice. You are responsible for maintaining the safety and security of Your identifying information as well as keeping Us apprised of any changes to Your identifying information. Providing false or inaccurate information, or using the Website or Services to further fraud or unlawful activity is grounds for immediate termination of this Agreement.
You agree not to use the Website or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of Qpchat.
By using Our Services, You are expressly agreeing that We are permitted to bill You charges associated with the Pricing page, any applicable tax, customs duties and any other charges You may incur in connection with Your use of Our Services.
Your subscription fee is billed at the start of each billing cycle. You agree that Qpchat shall be permitted to charge Your credit card on a monthly, annual or otherwise agreed basis prior to the provision of Services. Payment is due as soon as the invoice is issued. The Services may be interrupted if payment is not made 5 days overdue. Our pricing may change from time to time, subject to the Pricing page, for Subscriber, We will inform You of the changed price 5 days in advance by email.
We offer a 14-day free trial for registered users. During the trial period, We do not charge any fee and no credit card is required.
All data or traffic during 14-day free trial will be provided according to the lowest-cost plan.
Please check out Our refund policy available at Refund Policy.
You may cancel the Services at any time by clicking on the "Cancelling Account" > "Cancell my account" of Account page. Your account will be locking immediately after confirmation, then Your cancellation request will be processed within 5 business days. Account cancellation does not relieve Subscriber of responsibility for the payment of all accrued charges.
For information about how We collect and use information about users of Our Services, please check out Our privacy policy available at Privacy Policy.
You agree not to undertake any of the following actions:
Qpchat does not accept responsibility for the security of Your account or content. You agree that Your use of the Website or Services is at Your own risk.
You agree to defend and indemnify Qpchat and any of its affiliates (if applicable) and hold Us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to Your use or misuse of the Website or Services, Your breach of this Agreement, or Your conduct or actions. You agree that Qpchat shall be able to select its own legal counsel and may participate in its own defense, if We wishes.
You are strictly prohibited from using the Website or any of Our Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
Qpchat allows You and other users to post, link and otherwise make available content. You are responsible for the content that You make available to the Service, including its legality, reliability, and appropriateness. When You post, link or otherwise make available content to the Service, You grant Qpchat the right and license to use, reproduce, modify, publicly perform, publicly display and distribute Your content on or through the Service. We may format Your content for display throughout the Service, but We will not edit or revise the substance of Your content itself. Aside from Our limited right to Your content, You retain all of Your rights to the content You post, link and otherwise make available on or through the Service. You can remove the content that You posted by deleting it. Once You delete Your content, it will not appear on the Service, but copies of Your deleted content may remain in Our backup system for some period of time.
Qpchat may occasionally post links to third party websites or other services. You agree that Qpchat is not responsible or liable for any loss or damage caused as a result of Your use of any third party services linked to from Our Website.
Qpchat may, from time to time and at any time without notice to You, modify this Agreement. You agree that Qpchat has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
This Agreement constitutes the entire understanding between the Parties with respect to any and all use of the Website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of the Website.
Qpchat may need to interrupt Your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that Your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that Qpchat shall have no liability for any damage or loss caused as a result of such downtime.
Qpchat specifically reserves the right to terminate this Agreement if You violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of Qpchat or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If You have registered for an account with Us, You may also terminate this Agreement at any time by contacting Us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
You agree that Your use of the Website and Services is at Your sole and exclusive risk and that any Services provided by Us are on an "As Is" basis. Qpchat hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. Qpchat makes no warranties that the Website or Services will meet Your needs or that the Website or Services will be uninterrupted, error-free, or secure. Qpchat also makes no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. You agree that any damage that may occur to You, through Your computer system, or as a result of loss of Your data from Your use of the Website or Services is Your sole responsibility and that Qpchat is not liable for any such damage or loss.
Qpchat is not liable for any damages that may occur to You as a result of Your use of the Website or Services, to the fullest extent permitted by law. The maximum liability of Qpchat arising from or relating to this Agreement is limited to the greater of one hundred ($100) US Dollars or the amount You paid to Qpchat in the last six (6) months. This section applies to any and all claims by You, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
LANGUAGE. All communications made or notices given pursuant to this Agreement shall be in the English language.
JURISDICTION, VENUE & CHOICE OF LAW. Through Your use of the Website or Services, You agree that the laws of the State of Delaware shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between You and Qpchat, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of the following county: Wilmington, Delaware. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.
ARBITRATION. In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the following county: Wilmington, Delaware. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of the following state: Delaware. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by Qpchat will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
ASSIGNMENT. This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by You. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by Qpchat, the rights and liabilities of Qpchat will bind and inure to any assignees, administrators, successors, and executors.
SEVERABILITY. If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
NO WAIVER. In the event that We fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
HEADINGS FOR CONVENIENCE ONLY. Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
NO AGENCY, PARTNERSHIP OR JOINT VENTURE. No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.
FORCE MAJEURE. Qpchat is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
If You have any questions or concerns about this Agreement, You may write to Us at:
| Qpchat, LLC. 24A Trolley Square #1137 Wilmington, DE 19806-3334 USA |
or email to Us at: [email protected]
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