QuickieTools may monitor or review your conduct on any of the services offered by QuickieTools (referred to collectively as the “Service”).
In using the Service you agree not to:
* Use it for illegal purposes;
* Use the Service in connection with chain letters, junk mail, surveys, contests, pyramid schemes, or use any distribution lists including any person who has not given specific permission to be included in such a process (commercial or otherwise);
* Collect or disseminate information about other users, including e-mail addresses, without their consent, or otherwise invade another’s privacy or violate rights of publicity or intellectual property rights (including but not limited to copyright, trademark and patent rights);
* Use the Service in a manner, or transmit material through it, that is unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, sexually explicit, or otherwise objectionable material of any kind or nature;
* Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs; or
* Engage in any other conduct which, in QuickieTools’s sole discretion, is considered inappropriate, unauthorized or objectionable.
You understand and agree that you may be exposed to content posted by other users that may be offensive, indecent or objectionable. Under no circumstances will QuickieTools be liable in any way for any content posted by any user or third party. QuickieTools does not control the content posted by users via the Service and, as such, does not guarantee the accuracy, integrity or quality of such content.
We may remove any content that you transmit to us, or terminate your account or subscription, if we are requested to do so by a copyright holder, or if your use of our software, the service, or that content violates this terms of use or is otherwise, deemed to be, in our reasonable discretion, inconsistent with the legitimate purposes and uses of the service.
DISCLAIMER OF WARRANTY
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. QuickieTools EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. QuickieTools MAKES NO WARRANTY THAT ITS SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ITS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. YOU ACKNOWLEDGE THAT QuickieTools DOES NOT CONTROL CONTENT, PRODUCTS OR SERVICES OFFERED BY ADVERTISERS, THIRD PARTIES OR OTHER USERS ON OR THROUGH THE SERVICE.
LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL QuickieTools BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF QuickieTools HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall QuickieTools’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed amounts paid to it by you over the prior 12 months. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
INDEMNIFICATION
You agree to indemnify and hold QuickieTools harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service, the violation of these Terms of Use by you, the infringement by you (or other user of the Service using your account) of any intellectual property or other right of any person or entity or violation of any federal, state or local law or regulation.