Conditions
& Terms of Service
1. Acceptance
of Terms
2. Description
of Service
3. Acceptance/Obligation
and Conditions and Regulations
4. Content
Submitted and /or Made Available for Inclusion
5. Indemnity/Release
6. No
Resale of Service
7. Uses
and Storage of Content
8. Service
Modifications
9. Dealing
with Advertisers
10. Links
11. Proprietary Rights
12. Disclaimer & Warranties
13. Limited Liability
14. Exclusion and Limitations
15. Third Party Disclaimer
16. Special Admonition for Services
Relating to Financial Matters
17. Quick e Links Bulletin Boards and
Message Centers
18. Copyrights and Infringements
19. Violation of the Terms and Conditions
20. General Information
1. Acceptance
of Terms
Welcome to Quick e Links, your portal to the
World Wide Web. Quick
e Links provides its service to you under the
following Terms and Conditions (“TAC”), which may be
updated and revised from time to time without prior
notification. Please
check back periodically to review the most current
version. If at anytime you do not agree with our “TAC” we
recommend you discontinue use of our service
immediately. Additionally
when using particular services on Quick e Links
you shall be subject to any posted guidelines and/or
rules applicable to such services.
All such guidelines or regulations are hereby
incorporated by reference into the “TAC”.
2. Description
of Service
Quick e Links provides users with access to a wide
variety of on-line information including, but not
limited to, communication tools, forums, message boards,
shopping, personalized content and unless otherwise
stated any new features and services, shall be subject
to the “TAC”. You
(the user) understand and agree that the Service is
provided “AS-IS” and that Quick e Links assumes
no responsibility for the timeliness, deletion, mis-delivery
or failure to store any user communications or
personalized settings.
Please be fully aware that Quick e Links may
have areas that contain mature or adult content. Where there is mature or adult content, individuals who are
less than 18 years of age are not permitted to access
such content under the laws of any applicable
jurisdiction. Please
remember that the service is designed to appeal to a
large and broad audience.
Accordingly, as the legal guardian of a minor, it is your responsibility
to determine whether any of the Services and/or Content
are appropriate for your child.
In order to use
these Services and/or Products the user must have access
to the World Wide Web, either directly or through
devices that access the web-based community.
The user pays any and all fees associated with
such access. In
addition, the user must provide all necessary equipment
to utilize this access.
3. Acceptance/Obligation
& Conditions and Restrictions
In consideration of the use of this service you, the user,
agrees without limitation or qualification to be bound
by, and comply with all said “Terms and Conditions”
expressed and implied. In accepting said “TAC” you agree to: provide true and accurate, current and complete information.
If you provide any information that is untrue,
inaccurate, not current or incomplete, or Quick e Links
has reasonable grounds to suspect that such information
is untrue, inaccurate, not current or incomplete,
reserves the right to suspend or delete said
information, without prior consent.
Use of these Services is subject to compliance
with these Terms and Conditions.
You understand that Quick e Links
may terminate or block your access to these services
should you fail to comply with the “TAC”.
Quick e Links
Further reserves the right to terminate access for any
conduct that Quick e Links in its sole
discretion, believes is or may be directly or indirectly
harmful to other users, to Quick e Links
or its affiliates, or business contractors, or to other
third parties or for any conduct that violates any
local, state, federal or foreign laws or regulations.
Quick e Links further reserves the
right to limit access or terminate access to any user
for any reason or no reason at all, in our sole
discretion, without prior notice, or any notice.
You, the user, understand that all information, data, text,
software, music, sound , photography, graphics, video
messages or other materials (known here on out as
“content”), whether publicly posted or privately
transmitted, are the sole responsibility of the person
from which such content originated.
This means that you, not Quick e Links are
entirely responsible for all “content” that you
upload, post, email, transmit or otherwise make
available via the service. Quick e Links
does not control the “content” posted via the
service and, as such, does not guarantee the accuracy,
integrity or quality of such content.
You understand that by using the Service, you may
be exposed to “Content” that is offensive, indecent
or objectionable. Under
no conditions or circumstances will Quick e Links
be liable in any way for its content, including but not
limited to, for any errors or omissions in any content,
or for any loss or damage of any kind incurred as a
result of the use of any Content posted, emailed,
transmitted or otherwise made available via the service.
You agree to NOT use the service to:
a: upload, post, email, transmit or otherwise make available
any Content that is unlawful, harmful, threatening,
abusive, harassing, tortuous, defamatory, vulgar,
obscene, libelous, invasive of another’s privacy,
hateful, or racially, ethnically or otherwise
objectionable;
b: harm minors in any way;
c: impersonate any person or entity, including, but not
limited to, a Quick
e Links official forum leader, guide or host, or
falsely state or otherwise misrepresent you affiliation
with a person or entity;
d: forge headers
or otherwise manipulate identifiers in order to disguise
the origin of any Content transmitted through the
Service;
e: upload, post,
email, transmit or otherwise make available any Content
that you do not have the right to make available under
any law or under contractual or fiduciary relationships
(Such as inside information, proprietary and
confidential information learned or disclosed as part of
employment relationships or under nondisclosure
agreements);
f: upload, post,
email, transmit or otherwise make available any Content
that infringes any patent, trademark, trade secret,
copyright or other proprietary rights of any party;
g: upload, post,
email, transmit or otherwise make available any
unsolicited or unauthorized advertising, promotional
materials, “junk mail”, “spam”, “chain
letters”, “pyramid schemes” or any other form of
solicitation, except in those areas that are designated
for such purpose;
h: upload, post,
email, transmit or otherwise make available any material
that contains software viruses or any other computer
code, files or programs designed to interrupt, destroy
or limit the functionality of any computer software or
hardware or telecommunications equipment;
I: interfere
with or disrupt the Service or servers or networks
connected to the Service, or disobey any requirements,
procedures, policies or regulations of networks
connected to the Service;
j: intentionally
or unintentionally violate any applicable local, state,
national or international law, including, but not
limited to, regulations promulgated by the U.S.
Securities and Exchange Commissions, any rules of any
national or other securities Exchange, the American
Stock Exchange or the NASDAQ and any regulations having
the force of law;
k: “stalk”
or otherwise harass another;
l: upload, post,
email, transmit or otherwise make available any links to
any Content that facilitates hacking;
m: upload, post,
email, transmit or otherwise make available any Content
regarding the sale of any of the following:
Ø
Any
firearms, explosives or weapons
Ø
Any
Food that is not packaged or does not comply with all
laws governing the sale of food to consumers by
commercial merchants
Ø
Any
alcoholic beverages
Ø
Any
tobacco products for human consumption, including,
without limitation, cigarettes and cigars
Ø
Any
items that are indecent or obscene, that contain child
pornography, that are otherwise pornographic in nature
or are harmful to minors
Ø
Any
controlled substances or pharmaceuticals
Ø
Any
items that are counterfeit or stolen
Ø
Any
dangerous items
Ø
Any
goods or services, that in fact, do not exist
Ø
Any
registered or unregistered securities
Ø
Any
items that violate or infringe the rights of other
parties
Ø
Any
items that you do not have the legal right to sell.
You acknowledge that Quick e Links and
its designees shall have the right (but not the
obligation) in their sole discretion to refuse to
publish, remove or move any Content that is available
via the Service. Without
limiting the foregoing, Quick e Links has
the right to remove any Content that violates the TAC or
is otherwise objectionable. You agree that you must evaluate, and bear all risks
associated with, the use of any Content, including any
reliance on the accuracy, completeness, or usefulness of
such Content. With
this in mind, you acknowledge that you may not rely on
any content created by Quick e Links or
submitted to Quick e Links, including but
not limited to the Message Boards and in all other parts
of the Service.
You understand and agree that Quick e Links
may preserve Content and may also disclose Content if
required to do so by law or in the good faith belief
that such preservation or disclosure is reasonably
necessary to 1) comply with the legal process; 2)
enforce the TAC; 3) respond to claims that any Content
violates the rights of third parties; 4) protect the
rights, property or personal safety of its users and the
public.
You understand that the technical processing and
transmission of the Service, including your Content, may
involve 1) transmissions over various networks; and 2)
changes to conform and adapt to technical requirements
of connecting networks and devices.
Understanding and recognizing the global nature of the
Internet, you agree to comply with all local rules
regarding online conduct and acceptable Content.
You agree to comply with all applicable laws
regarding the transmission of the technical data
exported from the United States or the country in which
you reside.
4. Content
Submitted and/or Made Available For Inclusion
Quick e Links does not claim ownership of the
Content you submit or make available for inclusion and
use on the Service.
However, the Content you submit and or make
available for inclusion on publicly accessible areas of
the Service, you hereby give Quick e Links
the following world-wide, royalty free and non-exclusive
license(s) as listed and found applicable:
Ø
In
respect to Content you submit or make available for
inclusion on public access areas, the license to use,
distribute, reproduce, modify, adapt, and publicly
display such Content on the Service.
This license exists only for as long as you elect
to continue to include such Content on the Service and
will terminate at the time you remove or Quick e Links
removes such Content from the service.
Ø
With
respect to photos, graphics, audio/video and all other
Content you submit or make available for inclusion on
publicly accessible areas of the Service, the
irrevocable and fully sublicensable license to use,
distribute, reproduce, modify, adapt, publish and
display, in whole and in part, and to incorporate into
other works in any format or medium know now or later
developed.
Publicly accessible areas of the Service are those areas that
are intended to be available to the general public.
5. Indemnity/Release
The user agrees to indemnify and hold Quick e Links
and its subsidiaries, affiliates, officers, agents or
other partners and employees, harmless from any claim or
demand, including reasonable attorneys fees, made by any
third party due to or arising out of Content you submit,
post, email, transmit or make available through the
Service, your use of the Service, your connection to the
Service, your violation of the TAC, or your violation of
any rights of another.
By using the Quick e Links Service, or
submitting any ideas and/or related materials to Quick
e Links, you are hereby agreeing to release Quick
e Links and its parents, subsidiaries, affiliates,
officers and employees from any and all claims, demands,
debts, obligations, damages (actual or consequential),
costs and expenses of any kind or nature whatsoever,
whether known or unknown, suspected or unsuspected,
disclosed or undisclosed, that you may have against them
arising out of or in any way related to such disputes
and/or to the Services and Products or to any disputes
regarding use of ideas and/or related materials
submitted to Quick e Links.
YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT
THE EFFICACY OF SUCH RELEASES, (example; YOU AGREE TO
WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION
1542, WHICH PROVIDES
“A General release does not extend to claims which
the creditor does not know or suspect to exist in his
favor at the time of executing the release, which is
known by him must have materially affected his
settlement with the debtor.”
6. No Resale of Service
The user agrees not to reproduce, duplicate, copy, sell,
resell or exploit for any commercial purposes, any
portion of the Service, use of the Service or access to
the Service.
7. Uses and Storage of Content
This acknowledges that Quick e Links may
establish general guidelines, practices and limits
concerning the use of the Service, including and without
limitation to the maximum number of days that email
messages, message board postings or other uploaded
Content will be retained by the Service.
You agree that Quick e Links has no
responsibility or liability for the deletion or failure
to store any messages and other communications or other
Content maintained or transmitted by the Service.
Quick e Links also reserves the
right to change these guidelines and limits and any
time, in its sole discretion, with or without
notification.
8. Service
Modifications
Quick e Links has the right at any time and from
time to time to modify or discontinue, temporarily or
permanently, the Service, or any part there of, with or
without prior notification.
You agree that Quick e Links shall
not be liable to you or any third party for any
modification, suspension or discontinuance of the
Service.
9. Dealing with Advertisers
Your business dealing, correspondence with or participation
in promotions of, advertisers found on or through the
Service including payment and delivery of related goods
and services and any other terms and conditions,
warranties or representations associated with such
dealings, are solely between you and the advertiser.
You agree that Quick e Links shall
not be responsible or liable for any loss or damage of
any sort incurred as the result of any such dealings or
as the result of the presence of such advertisers on the
Service.
10. Links
The Service may provide and third parties may provide, links
to other Internet sites or resources.
Because Quick e Links has no
control over such sites and resources, you acknowledge
and agree that Quick e Links is not
responsible for the availability of such external sites
or resource and does not endorse and is not responsible
or liable for any Content, advertising, products or
other materials on or available from such sites or
resources. You
also further agree that Quick e Links
shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to
be caused by or in connection with use of or reliance on
any such Content, goods or services available on or
through any such site or resource.
11. Proprietary
Rights
You acknowledge and agree that the Service and software used
in connection with the Service contain proprietary and
confidential information that is protected by applicable
intellectual property and other laws.
You further acknowledge and agree that Content
contained in sponsor advertisements or information
presented to you through the Service or advertisers, is
protected by copyrights, trademarks, service marks,
patents or other proprietary rights and laws.
Except as expressly authorized by Quick e
Links or advertisers, you agree not to rent, modify,
lease loan, sell, distribute or create derivative works
based on the Service or the Software, in whole or in
part.
12. DISCLAIMER
OF WARRANTIES
YOU ACKNOWLEDGE AND UNDERSTAND THAT THE SERVICES AND
PRODUCTS ARE FOR USE AT YOUR SOLE RISK AND
RESPONSIBILITY, AND ARE PROVIDED “AS IS” AND “AS
AVAILABLE”, WITH NO WARRANTIES WHATSOEVER. Quick e
Links EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Quick e Links DISCLAIMS TO THE FULLEST EXTENT OF
THE LAW ANY WARRANTIES FOR SECURITY, RELIABILITY,
TIMELINESS AND PERFORMANCE OF THE PRODUCT/SERVICE.
TO THE FULLEST EXTENT PERMITTED BY LAW, Quick
e Links DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES
OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES
OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES,
AS WELL AS, FOR ANY INFORMATION OR ADVICE RECEIVED
THROUGH THE PRODUCTS OR SERVICES OR THROUGH ANY LINKS
PROVIDED IN THE PRODUCTS AND SERVICES.
Quick e Links MAKES NO WARRANTY THAT: THE SERVICE
WILL MEET YOUR REQUIREMENTS, THAT THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, THAT THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE
WILL BE ACCURATE OR RELIABLE, THAT THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY
YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS AND
THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
Quick e Links MAKES NO WARRANTY THAT ANY
MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND
RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
Quick e Links DISCLAIMS ANY RESPONSIBILITY OR
LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR
ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE SERVICE,
INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY
VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE
FEATURES.
Quick e Links DISCLAIMS ANY AND ALL
RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT,
COMPLETENESS, LEGALITY, RELIABILITY, OPERABILITY OR
AVAILABILITY OF INFORMATION OR MATERIAL IN THE SERVICE
OR PRODUCTS. Quick
e Links DISCLAIMS ANY RESPONSIBILITY FOR THE
DELETION, FAILURE TO STORE, MISDELIVERY OR UNTIMELY
DELIVERY OF ANY INFORMATION OR MATERIAL.
13. LIMITATIONS
OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Quick e Links
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES
(EVEN IF Quick e Links HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: a) THE USE
OF THE INABILITY TO USE THE SERVICE; b) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICED RESULTING
FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED
OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED
INTO THROUGH OR FROM THE SERVICE; c) UNAUTHORIZED ACCESS
TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; d)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;
e) ANY OTHER MATTER RELATING TO THE SERVICE.
14. EXCLUSIONS
AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME
OF THE ABOVE LIMITATIONS OF SECTION 12 AND 13 MAY NOT
APPLY TO YOU.
15. Third
Party Disclaimer
Quick e Links offers access to numerous third
party web pages and content available over the Internet.
We have no control whatsoever, over the content
of such sites. Accordingly,
Quick e Links assumes no responsibility for the
content of any site linked directly or indirectly to the
service.
16. Special
Admonition for Services Relating to Financial Matters
If you intend to join, receive or request from the Service
any news, messages, alerts or other information from the
Service concerning companies, stock quotes, investments
or securities, please read the above sections 12 and 13
again. They
go doubly for you.
In addition, for this type of information
particularly, the phrase “Let the investor beware”
is apt. The
Service is provided for informational purposes only and
no Content included in the Service is intended for
trading or investing purposes.
Quick e Links shall not be held
responsible or liable for the accuracy, usefulness or
availability of any information transmitted or made
available via the Service, and decisions made based on
such information.
17. Quick
e Links Bulletin Boards/Message Centers
Use of the Bulletin Boards and Message Centers is restricted
to users who are at least 18 years of age.
Users may not make duplicate listings, nor may they be
used to post personal advertisements.
By using the Quick e Links Bulletin Boards and
Message Centers, you hereby agree that you shall be
solely responsible for all tax obligations and cost
obligations arising from or relating to your use of the
Service, including, without limitation tax obligations
and costs for transactions that arise from or relate to
your purchase or sale of any goods or services through
the Bulletin Board/Message Centers. Please exercise caution and proper judgment when dealing with
persons encountered on the Service.
You may wish to consider using a third party
escrow service to provide additional user verification.
We cannot confirm that any particular user is who that user
claims to be, nor can we confirm the truth or accuracy
of any statements made by users.
PLEASE EXERCISE CAUTION IN USING THE Quick e
Links BULLETIN BOARDS AND MASSAGE CENTERS AND IN
INTERACTING WITH ANY PERSONS YOU ENCOUNTER THROUGH THE
SERVICE. YOU
SHOULD TREAT PERSONS YOU ENCOUNTER WITH THE SAME CAUTION
THAT YOU WOULD WHEN APPROACHING A STRANGER.
Like all areas of the Quick e Links Service your use
of the Bulletin Boards and Message Centers is subject to
the language set forth above regarding DISCLAIMER OF
WARRANTIES and LIMITATIONS OF LIABILITY, Please reread
those provisions carefully.
Quick e Links will not get involved in any
dispute between users of the Service.
Please read the entire Terms and Conditions as all Quick
e Links Services and Products are subject to these
Terms and Conditions.
18. Copyrights and Infringements
Quick e Links respects the intellectual property
of others and we ask or users to do the same.
If you believe that your work has been copied in
a way that constitutes copyright infringement, please
provide Quick e Links Legal Agent the following
information:
Ø
an
electronic or physical signature of the person
authorized to act on behalf of the owner of the
copyright interest;
Ø
a
description of the copyrighted work that you claim has
been infringed;
Ø
a
description of where the material that you claim is
infringing is located on the site;
Ø
your
address, telephone number and email address;
Ø
a
statement by you that you have a good faith belief that
the disputed use is not authorized by the copyright
owner, its agent or the law;
Ø
a
statement by you made under penalty of perjury, that the
above information in your Notice is accurate and that
you are the copyright owner or authorized to act on the
copyright owners behalf.
Send to Quick e Links “Legal Agent for Notice of
claims of copyright infringement”, by mail only, at:
Quick e Links
Legal Agent – Infringement Claim
9009 SE CR 325
Hampton, Florida 32044
19. Violation
of Terms and Conditions
Should you violate these Terms and Conditions or any other
rights of Quick e Links and the Service, we
reserve the right to pursue any and all legal and
equitable remedies against you, including, with out
limitation, any and all use of the Service.
20. General
Information
The TAC constitute the entire agreement between you and Quick
e Links and govern your use of the Service,
superceding any prior agreements between you and
Quick e Links.
You also may be subject to additional terms and
conditions that may apply when you use affiliate
services, third party content or third party software.
The TAC and the relationship between you and Quick
e Links shall be governed by the State of Florida
without regard to its conflict of law provisions.
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