Terms and Conditions
Last Updated February 1st, 2013
We may terminate, change, suspend or discontinue any aspect of the Site or the Site’s services at any time. The Company may restrict, suspend or terminate your access to the Site and/or its services with or without cause.
II. INTELLECTUAL PROPERTY RIGHTS
As between you and the Company, the Company owns, controls, or licenses all rights, title and interest in and to the Site, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, software, etc.), code, data and materials thereon, the look and feel, design and organization of the Site, and the compilation of the content, code, data and materials on the Site, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein.
Your use of the Site does not grant to you ownership of any content, code, data or materials you may access on the Site. You may view the content on the Site on your computer or other internet compatible device, and make single copies or prints of the content on the Site for your personal, internal use only. The Site and the services offered on or through the Site, including any content and materials thereon, are only for your personal, non-commercial use.
Any commercial distribution, publishing or exploitation of the Site, or any content, code, data or materials on the Site, is strictly prohibited unless you have received the express prior written permission of the Company or the applicable rights holder. You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on the Site. Any use of the Site, or the content, code, data or materials thereon, except as otherwise provided herein, is strictly prohibited. We will enforce our intellectual property rights to the fullest extent of the law. The use of this Website and its services is a privilege. eQuoto reserves the right to suspend your use of this Website for any reason at any time, in its sole discretion.
III. USER SUBMISSIONS
The Company values your ideas and welcomes your feedback. Please note, however, that the Company does not solicit and will not pay for your creative ideas. If you choose to send the Company feedback, you acknowledge and agree that you do so voluntarily and that no contract or confidential relationship is thereby created. You agree that you did not get the material from another person and are free to provide it to the Company. You also agree that the Company’s review of your material does not mean that it is unique or original and that the Company may independently have created or create it in the future something substantially similar or identical to your submission, with no liability or obligation to you. The content of your submission will become and remain the sole property of the Company, and the Company shall be entitled to unrestricted use of your material for any purpose whatsoever, without compensation to you.
IV. ACCEPTABLE USE OF THE WEBSITE
The Site and its services are intended to facilitate collection of certain information from you, for the promotion of third party goods and services. You warrant and agree that you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information or other material); or (c) attempt to gain unauthorized access to other computer systems through the Site.
You agree that if you include a link from any other web site to the Site, such link shall open in a new browser window. You agree not to link from any other web site to this Site in any manner such that the Site, or any page of the Site, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We reserve the right to revoke your right to link to the Site from your web site at any time upon written notice to you.
V. LIMITATIONS ON INFORMATION SUBMITTED
Any submission of information to us through the Site is subject to the following guidelines and restrictions:
a. It may not contain URLs or links to any Internet Web sites;
b. It may not contain copyrighted material (unless you own the copyright or have the owner's permission to post the copyrighted material);
c. It may not contain trade secrets (unless you own them or have the owner's permission to post them);
d. It may not contain material that infringes on the intellectual property rights of others, including but not limited to, copyright, trademark, patent, or trade secret rights;
e. It may not contain material that is sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful;
f. It may not contain information that is known by you to be untrue, false or misleading or which does not fairly or accurately depict or describe the subject matter which is the subject of the information posted by you;
g. It may not present information which impersonates another person, whether living or dead, misstate the identity of any person, or misstate or mislead as to gender or age;
h. You may not solicit money, investments or make any offering of securities or investments;
i. You may not submit chain letters or pyramid schemes; and
j. You may not submit opinions or notices, commercial or otherwise.
VI. MONITORING OF INFORMATION
The Company does not assume any obligation to review the accuracy, completeness, truthfulness or content of any information submitted to the Site. You assume the risk of verifying the accuracy of information posted through independent investigation. Notwithstanding, the Company in its discretion may review information submitted to the Site for any purpose whatsoever and it reserves the right, in its sole discretion, to reject any information submitted to the Site for any reason whatsoever.
VII. RIGHTS TO INFORMATION
VIII. THIRD PARTY SERVICES
You may be able to link from the Site to third party web sites (“Linked Sites”). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites. Links to Linked Sites do not constitute an endorsement by us of such web sites or the information, content, products, services, advertising, code or other materials presented on or through such web sites.
The Company disclaims any liability for links (1) from another web site to this Site and (2) to another web site from this Site. The Company cannot guarantee the standards of any web site to which links are provided on this Site nor shall the Company be held responsible for the contents of such non-Company sites, or any subsequent links. For this reason, the Company does not represent or warrant that the contents of any third party web site is accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Also, the Company is not responsible for web casting or any other form of transmission received from any linked web site. Any reliance on the contents of a third party web site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.
IX. DISCLAIMER OF WARRANTIES
COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE SITE OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE CONTENT, INFORMATION AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, INFORMATION AND MATERIALS. COMPANY ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE SITE OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT COMPANY OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT AND MATERIALS ON THIS SITE ARE PROVIDED TO USERS "AS IS," WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, ACCURACY, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE "AS IS" CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE 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. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
X. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL COMPANY, ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES OR AGENTS, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE SITE, EVEN IF COMPANY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COMPANY’S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your use of this site (including negligent or wrongful conduct) by you or any other person accessing this site using your computer or Internet account.
XII. APPLICABLE LAWS
We control and operate the Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these terms and conditions waive their respective rights to a trial by jury.