Terms and Conditions
QUIXELLS.COM
TERMS AND CONDITIONS
IMPORTANT: PLEASE READ THE FOLLOWING TERMS AND CONDITIONS (HEREINAFTER REFERRED TO AS THE TERMS OF USE OR THE “TERMS AND CONDITIONS” AND SUCH TERMS AND REFERENCES SHALL BE USED INTERCHANGEABLY). BY ACCESSING OR USING THIS WEBSITE AND/OR ALL OR ANY PART OF THE SERVICES ON THIS WEBSITE OR ANY OF THE PLATFORMS; SERVICES; PRODUCTS OR OTHER WEBSITES (EACH A “WEBSITE” AND TOGETHER THE “WEBSITES”) REFERRED TO HEREIN AND THROUGHOUT, YOU WILL BE DEEMED TO HAVE ACCEPTED THESE TERMS AND CONDITIONS IN THEIR ENTIRETY AND AS SHALL BE AMENDED FROM TIME TO TIME. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR ANY OF THE PLATFORMS; SERVICES; PRODUCTS, OR OTHER WEBSITES REFERRED TO HEREIN AND THROUGHOUT. WE MAY CHANGE MODIFY OR AMEND AND RESERVE THE RIGHT TO CHANGE; MODIFY OR AMEND THESE TERMS AND CONDITIONS AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND YOUR CONTINUED ACCESS TO AND OF AND USE OF THIS WEBSITE OR ANY OF THE PLATFORMS; SERVICES; PRODUCTS OR OTHER WEBSITES REFERRED TO HEREIN AND THROUGHOUT SHALL CONSTITUTE YOUR ACCEPTANCE OF AND CONTINUED ACCEPTANCE OF THE THESE TERMS AND CONDITIONS AS MAY BE CHANGED; MODIFIED OR AMENDED AT ANY TIME. YOU SHOULD CHECK THESE TERMS AND CONDITIONS EACH TIME YOU ACCESS OR USE THIS WEBSITE TO IDENTIFY CHANGES; AMENDMENTS OR MODIFICATIONS THAT MAY HAVE BEEN MADE AND YOU ARE DEEMED TO HAVE ACCEPTED THESE TERMS AND CONDITIONS IN FULL EACH AND EVERY TIME YOU USE OR ACCESS OR BROWSE THIS WEBSITE OR ANY OF THE PLATFORMS; SERVICES; PRODUCTS OR OTHER WEBSITES REFERRED TO HEREINANDTHROUGHOUT.
In these Terms and Conditions, references to the singular shall include the plural and vice versa. Any reference to a statute or statutory provision includes a reference to it as from time to time amended, extended or re-enacted. The headings in these Terms and Conditions are inserted for convenience only and do not affect its construction or interpretation. The expressions “include”, “includes”, “including”, “in particular” and similar expressions shall be construed without limitation.
This Website or any of the platforms; services or other websites referred to herein and throughout (“Website”) and all platforms; services; materials; websites and information relating to this Website or any of the platforms; services or other websites referred to herein and throughout and the other websites and services set out below and herein contemplated is owned, controlled and operated by Quixells Inc.
Your use of and your continued and ongoing use of this Website or any of the platforms; services or other websites referred to herein and throughout is subject to the Terms and Conditions and by accessing and using this Website or any of the platforms; services or other websites referred to herein and throughout you agree that you are signifying your agreement to be bound by the Terms and Conditions. These Terms and Conditions strictly binds all users as well as any party; parties or person(s) who access this Website or any of the platforms; services; products or other websites referred to herein and throughout to the terms herein in all circumstances and all users as well as any party; parties or person(s) who access this Website or any of the platforms; services; products or other websites referred to herein and throughout agree to be fully bound by these Terms and Conditions. If you do not read or if you disagree with any aspect of these Terms and Conditions, you should not use this Website or any of the platforms; services; products or other websites referred to herein and throughout. Your use of and continued use of this Website or any of the platforms; services; products or other websites referred to herein and throughout signifies your agreement and ongoing agreement to be bound by these Terms and Conditions in whatever capacity you use and/or access this Website or any of the platforms; services; products or other websites referred to herein and throughout and howsoever and by whatever means you use and/or access this Website or any of the platforms; services; products or other websites referred to herein and throughout. By using this Website or any of the platforms; services; products or other websites referred to herein and throughout, you acknowledge that you have read, understood and fully agree to our Terms and Conditions and to be bound by our Terms and Conditions.
Quixells Inc. may (and is fully entitled to) modify; amend; change or terminate any of Terms and Conditions and/or any of the facilities and/or any of the services offered through this Website or any of the platforms; services; products or other websites referred to herein and throughout any through any of the platforms and other websites herein contained at any time and from time to time, for any reason and without notice and without any liability to you; any other user or any third party. We reserve the right to change the content, presentation, performance, user facilities and/or availability of this Website or any of the platforms; services; products or other websites referred to herein and throughout or any part of this Website or any of the platforms; services; products or other websites referred to herein and throughout at our sole discretion, including changing these Terms and Conditions at any time and from time to time. Please ensure that you review this Website or any of the platforms; services; products or other websites referred to herein and throughout and the Terms and Conditions for any updates and changes each time you access this Website or any of the platforms; services; products or other websites referred to herein and throughout. Your continued use of the Website shall signify your acceptance of any amendments; modifications; changes or revisions to our Terms and Conditions.
Each time you use or access this Website or any of the platforms; services; products or other websites referred to herein and throughout, whether you are a registered user or not, you agree to be bound by these Terms and Conditions and such amendments and/or changes and/or modifications that may be made at any time and from time to time with or without notice to you. In addition, if you are using a particular service or services; products on or through this Website or any of the platforms; services; products or other websites referred to herein and throughout, you acknowledge and accept that you will be subject to any rules or guidelines applicable to those services; products and the rules and/or guidelines applicable to those services; products shall be incorporated into, form part of and be read in conjunction with these Terms and Conditions. If you are a registered user of this Website or any of the platforms; services; products or other websites referred to herein and throughout and by using a continuing to use this Website or any of the platforms; services; products or other websites referred to herein and throughout and intended to be hereby and herein contained, you all times to agree and acknowledge that you are bound by these Terms and Conditions (as may be amended from time to time with or without notice to you) and your use of or access to and/or ongoing use of or access to this Website or any of the platforms; services; products or other websites referred to herein and throughout signifies your ongoing and continued acceptance of the Terms and Conditions.
Nothing contemplated by this Website or any of the platforms; services; products or other websites referred to herein and throughout or by the service and/or services; products that we provide shall affect your Statutory Rights as a consumer under United Arab Emirates consumer legislation.
You agree that by using this Website or any of the platforms; services; products or other websites referred to herein and throughout you may provide us with personal information such as your name, address, e-mail address(es), and other contact details or personal information. Through the use of the services; products provided on this Website or any of the platforms; services; products or other websites referred to herein and throughout and thereby your agreement to our Terms and Conditions, you agree that we shall be in a position to use this personal information to assist us in improving our services to you. Whilst we do not share this personal information with any third party or parties unless required to do so by operation of law or in accordance with the terms of Data Protection legislation, by using this Website or any of the platforms; services; products or other websites referred to herein and throughout and thereby agreeing to our Terms and Conditions, you consent to us processing this personal information for the purposes of enhancing your enjoyment of this Website or any of the platforms; services; products or other websites referred to herein and throughout and in order that we can enhance your experience as a user.
You fully authorize Quixells Inc. to use this data (personal and otherwise) in its entirety and further authorize Quixells Inc. to share this data across all of the Quixells Inc. properties; platforms; products; and services; products. All data and information will be free for Quixells Inc. to use in line with Quixells’s Privacy Policy and for any other marketing or service enhancing activities at Quixells Inc.’s sole discretion. For the avoidance of doubt, all use of this data or information shall be in compliance with the Data Protection.
You consent to us to provide this personal information to any of our successors and/or assignees and/or any of our relevant businesses. Please refer to and review our Privacy Policy for more details.
“Intellectual Property” means, amongst other things (i) patents, trademarks, service marks, registered designs, utility models, petty patents, design rights, trade or business names, copyrights, database rights, logos, get-up and topography rights, inventions, rights to and in trade secrets and other confidential information and know-how (whether or not any of these is registered or capable of registration and all rights to apply for registration or other protection of, or to claim priority in, relation to any of the above; and (ii) all other intellectual property and neighboring rights and all rights or forms of protection of a similar nature or having equivalent or similar effect to any of the above in any part of the world; and
“Intellectual Property Rights” means the Intellectual Property which, or the subject matter of which, is used or intended to be used on this Website or any of the platforms; services; products, or other websites referred to herein and throughout.
All of the information, content, graphics, text, logos, and images contained in this Website or any of the platforms; services; products, or other websites referred to herein and throughout are protected by copyright, trademark, database rights, sui generis rights, and other intellectual property laws, under national laws and international treaties. Quixells Inc. and/or its licensors (as the case may be) retains all rights, title, interest, and Intellectual Property Rights in and to the materials relating to all matters set out herein. Any other use of the materials on this Website or any of the platforms; services; products or other websites referred to herein and throughout, including in any form of copying or reproduction (for any purposes other than those noted above) modification, distribution, uploading, re-publication, extraction, re-utilization, incorporation or integration with other materials or works or re-delivery using framing technology, without the prior permission of Quixells Inc. is strictly prohibited and is a violation of the proprietary and intellectual rights of Quixells Inc. Other than as expressly provided herein, nothing in these Terms and Conditions should or shall be construed as conferring by implication or otherwise any license or right under any copyright, patent, trademark, database right, sui generis right, or other Intellectual Property Rights or proprietary interest of Quixells Inc., its licensors or any third party.
You agree to defend, indemnify and hold Quixells Inc. and (as applicable) its officers; directors; employees; agents; subsidiaries; affiliates and any of our third party information service providers or other representatives harmless against any and all claims demands, losses, expenses, damages and costs, including legal costs, however arising resulting from any violation or breach by you of these Terms and Conditions or any claims made by or liabilities to any third party resulting from any activities conducted under your account, your use or misuse of this Website or any of the platforms; services; products or other websites referred to herein and throughout, including but not limited to posting content on this Website or any of the platforms; services; products or other websites referred to herein and throughout, entering into transactions with other websites users, contacting others as a result of their postings on this Website or any of the platforms; services; products or other websites referred to herein and throughout, infringing any third party’s intellectual property or other rights, or otherwise arising out of your breach of these Terms and Conditions.
You understand and agree that your use of this Website or any of the platforms; services; products; products or other websites referred to herein and throughout and any services; products or content provided is made available and provided to you at your own risk. It is provided to you “as is” and we expressly disclaim all warranties of any kind, implied or express, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement.
We make no warranty, implied or express, that any part of the service will be uninterrupted, error-free, virus-free, timely, secure, accurate, and reliable, of any quality, nor that any content is safe in any manner for download. You understand and agree that neither us nor any participant in the service provides professional advice of any kind and that use of such advice or any other information is solely at your own risk and without our liability of any kind.
Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties.
This Website or any of the platforms; services; products or other websites referred to herein and throughout is controlled and operated by Quixells Inc. Quixells Inc. does not make any representations that the facilities, services; products, and/or materials offered through this Website or any of the platforms; services; products, or other websites referred to herein and throughout are appropriate or suitable for use in countries other than the United Arab Emirates or that they comply with any legal or regulatory requirements in any such other countries. In accessing this Website or any of the platforms; services; products or other websites referred to herein and throughout, you do so at your own risk and on your own initiative, and are responsible for compliance with local laws, to the extent any local laws are applicable. If it is prohibited to make this Website or any of the platforms; services; products or other websites referred to herein and throughout, facilities, services; products and/or Materials offered through this Website or any of the platforms; services; products or other websites referred to herein and throughout or any part of them available in your country, or to you (whether by reason of nationality, residence or otherwise, this Website or any of the platforms; services; products or other websites referred to herein and throughout, the facilities, services; products and/or Materials offered through this Website or any of the platforms; services; products or other websites referred to herein and throughout or any part of them are not directed at you). These Terms and Conditions shall be governed by and construed in accordance with the laws of United Arab Emirates, and you hereby agree for the benefit of Quixells Inc. and without prejudice to the right of Quixells Inc. to take proceedings in relation to these Terms and Conditions before any court of competent jurisdiction, that courts of United Arab Emirates shall have the exclusive jurisdiction to hear and determine any actions or proceedings that may arise out of or in connection with these Terms and Conditions, or for such purposes you irrevocably submit to the jurisdiction of such courts.
Any waiver of any provision of these Terms and Conditions must be in writing signed by Quixells Inc. to be valid. Any waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of any provision in the future. If any court of competent jurisdiction finds any provision of these Terms and Conditions to be void or unenforceable for any reason, then such provision shall be ineffective to the extent of the court’s finding affecting the validity and enforceability of any remaining provision. These Terms and Conditions represent the entire understanding and agreement between you and Quixells Inc. relating to use of this Website or any of the platforms; services; products or other websites referred to herein and throughout, its facilities and/or services; products and supersede any and all prior statements, understandings and agreements whether oral or written and shall not be modified except in writing, signed by you and by Quixells Inc.
We shall use the data collected from you for the purpose of performing our obligations under the Agreement and for administration, risk assessment, marketing, and credit checking purposes. We may, for these purposes, disclose your data to our agents, service providers, and selected third parties at our sole discretion. Any of the information held by us in respect of your business or personal information (the “Information”) may be used by us in any other products or services; products it may provide and/or in carefully selected third party products or services; products which Quixells Inc. deems appropriate.
By using this Website or any of the platforms; services; products or other websites referred to herein and throughout and by continuing to browse and use this Website or any of the platforms; services; products or other websites referred to herein and throughout you are agreeing to allow Quixells Inc. to gather and collate your data as a user of this Website or any of the platforms; services; products or other websites referred to herein and throughout. You fully authorize Quixells Inc. to use this data (personal and otherwise) and Information in its and their entirety and further authorize Quixells Inc. to share this data and information across all of the Quixells Inc. properties; products; platforms; services; products and websites. All data and information will be free for Quixells Inc. to use in line with Quixells Inc.’s Privacy Policy and for any other marketing or service enhancing activities at Quixells Inc.’s sole discretion. For the avoidance of doubt, all use of this data or information shall be in compliance with the Data Protection.
Quixells Inc. grants you a personal, non-exclusive, and non-transferable license to access this Website and to use the information and other content provided on this Website subject to these Terms and Conditions. You shall not assign, dispose of, sub-license, or otherwise transfer this right.
Whilst your use of; access to and of; browsing of; registration with and general use of this Website or any of the platforms; services; products or other websites referred to herein and throughout are governed by these Terms and Conditions and any applicable term and condition and term of use as are set out above and below in respect of this Website or any of the platforms; services; products or other websites referred to herein (and same shall be construed accordingly), you agree to and accept and at all times agree to and accept that your use of; access to and of; browsing of; registration with and general use of this Website and/or all or any part of this Website or the platforms; products; services; and websites referred to herein and throughout howsoever and by whatever means you use and/or access this Website or any of the platforms; services; products or other websites referred to herein and throughout are governed by these Terms and Conditions. Where any conflict or discrepancy may arise, you acknowledge and accept in full that these Terms and Conditions and the terms and conditions and terms of use below shall be read in conjunction with each other and Quixells Inc. shall at all times reserve the right to determine at its sole discretion which applicable or relevant term or condition shall apply in any particular circumstance where a conflict or discrepancy may arise. By using and by continuing to use this Website and/or any of the platforms; services; products and other websites referred to herein and throughout, you grant Quixells.com the right to be the only party capable of making such a determination in that regard and its determination shall be conclusive.
Neither Quixells Inc. nor any of its directors, servants or agents accept any responsibility for any advertisements, content, description, comments, reliability, age, use and appropriateness of use, ability to use, size, measurement, color, state of repair, legality, location, delivery, representations or other descriptions in relation to any quantity, availability, goods, products and or services which may be advertised on or via the Website or any other Quixells Inc. service.
Quixells Inc. does not get involved in relations, contacts, offers or sales between members, advertisers, users, purchasers, sellers, and accept no responsibility and or liability in relation to any such transactions, adverts, contacts, and or contracts as may occur.
Registration is not required if you simply want to browse through the advertisements on this Website or any of the platforms; services; products or other websites referred to herein and throughout. However, registration is required to place advertisements, etc. In order to complete the registration, you must choose a User Name and password. You will be asked to provide information such as your name, address, telephone number, and email address, etc. All information supplied must be complete and accurate. Quixells Inc. may restrict the User Name or password you can choose. You are responsible for all actions taken under your account and you agree only to use or utilize this Website or any of the platforms; services; products or other websites referred to herein and throughout using your own User Name and password. You must make reasonable efforts to keep your password safe and not disclose it to any other person or permit either directly or indirectly any other person to utilize your User Name or password. You agree to immediately notify Quixells.com of any unauthorized use of your User Name and/or password. Quixells.com can terminate your registration without prior notice at the discretion of Quixells.com.
Private advertisements placed free of charge will remain active on the website for the specified period. Trade advertisements and “featured ads” or “upgrades” will remain active on the website for the time specified at the time of purchase.
All advertisement copy provided by the advertiser for publication must be legal, honest, and truthful and must comply with Advertising Practice and Quixells Inc. advertising policies and is accepted for publication, at Quixells Inc. absolute discretion. All advertisements may be edited and classified at Quixells Inc.’s sole and absolute discretion. All advertisements contained on this Website or any of the platforms; services; products or other websites referred to herein and throughout are accepted for publication and published in good faith, but it is emphasized that Quixells Inc. does not in or under any circumstances whatsoever and howsoever arising accept responsibility for the accuracy or otherwise of any advertisement or message published either online or off-line (nor is any kind of warranty expressed or implied by such publication). All users are advised to check the details of each advertisement carefully before entering into any agreements of any kind. If in doubt please seek legal advice. All private, trade, and business advertisements in Add must be repaid if a fee exists. We cannot refund Advertisers who wish to cancel their advertisement once their advertisement has been submitted online.
All users are advised to check the details of each advertisement carefully before entering into any agreements of any kind. If in doubt please seek legal advice.
Quixells Inc. may at any time, without notice to you, suspend or terminate your access to this Website or any of the platforms; services; products, or other websites referred to herein and throughout or any service forming part of this Website or any of the platforms; services; products or other websites referred to herein and throughout, wholly or partially for any reason, including without limitation, where you are in breach of these Terms and Conditions, or if Quixells Inc. cannot verify or authenticate any information submitted to the website, or if for any reason Quixells.com suspends or discontinues the website or this service, or is unable to supply a service to you. Quixells Inc. is not liable to you or any third party for any suspension or termination of access to this Website or any of the platforms; services; products or other websites referred to herein and throughout.
When creating an advertisement on the Website, you agree to provide fully accurate, up-to-date, current and complete information and to promptly update the information you provide to us as it changes. Please refer to our Terms and Conditions prior to posting any advertisement. Quixells Inc. acts as a passive conduit for the online distribution and publication of information and advertisements submitted by users and Quixells Inc. has no obligation to review or screen advertisements or information in advance of posting and Quixells Inc. is not responsible for screening or monitoring any material posted by users. Quixells Inc. does not exercise editorial or other control over the content of information posted on this Website or any of the platforms; services; products or other websites referred to herein and throughout or over other material created or accessible over or through this Website or any of the platforms; services; products or other websites referred to herein and throughout. However, Quixells Inc. retains the right to remove advertisements which it may at its sole discretion determine are or may be abusive, illegal or disruptive. Quixells Inc. reserves the right to take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for Quixells Inc… Quixells Inc. does not accept any responsibility whatsoever for failure to contact an advertiser or to notify the advertisers of any changes to or rejection of advertisements which Quixells Inc. deem necessary to comply with Quixells Inc.’s production and editorial requirements if such contact is not practical before the publication or due publication date. Quixells Inc. does not accept responsibility for the behavior of users on the website or the information made available on this Website or any of the platforms; services; products or other websites referred to herein and throughout by other users. Quixells Inc. does not guarantee or endorse the authenticity, quality, safety, or legality of any items offered or sold, the truth or accuracy of any adverts, or the ability of sellers to sell items. Quixells Inc. cannot guarantee that any transactions will be completed nor can it guarantee the ability or intent of users to fulfill their obligations in any transactions. If Quixells Inc. is notified by a user of this Website or any of the platforms; services; products or other websites referred to herein and throughout that certain communications do not conform to these Terms and Conditions, Quixells Inc. may investigate the allegation and determine in good faith and at its sole discretion whether to remove or request the removal of the advertisement. Quixells Inc. has no liability or responsibility whatsoever to users for the performance or nonperformance of such activity. Quixells Inc. reserves the right to expel, ban or prohibit users and to prevent their further access to this Website or any of the platforms; services; products or other websites referred to herein and throughout for violations of the Terms and Conditions or the law. You agree to grant Quixells Inc. a non-exclusive, royalty-free, worldwide, perpetual license with the right to sub-license, reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including without limitation ideas contained therein for new or improved goods and services; products) you submit to any public areas of this Website or any of the platforms; services; products or other websites referred to herein and throughout (such as bulletin boards, forms in newsgroups or by email to Quixells Inc.). You also grant Quixells Inc. the right to use your name in connection with the submitted advertisements.
To the fullest extent permitted by applicable law, neither Quixells Inc. nor any of its officers, directors, employees, affiliates, or other representatives will be liable for loss or damages arising out of or in connection with your use of any facilities, services; products, and/or the materials offered or transactions entered into through or from this Website or any of the platforms; services; products or other websites referred to herein and throughout or services; products through this Website or any of the platforms; services; products or other websites referred to herein and throughout, including, but not limited to, indirect or consequential loss or damages, loss of data, loss of income, profit or opportunity, loss of or damage to property and claims of third parties, even if Quixells Inc. has been advised of the possibility of such loss or damages, or such loss or damages were reasonably foreseeable. In no event shall Quixells Inc. nor any of its officers, directors, employees, affiliates or other representatives be liable for any damages whatsoever resulting from the statements or conduct of any third party or the interruption, suspension or termination of the services; products, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent. Without limiting the foregoing, under no circumstances shall Quixells Inc. nor any of its officers, directors, employees, affiliates or other representatives be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including, without limitation, internet failure, computer equipment failures, telecommunication failures, other equipment failures, electrical power failures, strikes, lay-way disputes, riots, interactions, civil disturbances, shortages of labour or materials, fires, floats, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third party.
If you are aged 18 or under you must get the permission of your parents/guardians before submitting Personal Data to this Website or any of the platforms; services; products or other websites referred to herein and throughout. Users without this consent should not use or submit any Personal Data to this Website or any of the platforms; services; products or other websites referred to herein and throughout. By using this Website or any of the platforms; services; products or other websites referred to herein and throughout you understand that you are legally and financially responsible for all use of this Website or any of the platforms; services; products or other websites referred to herein and throughout by you and those using your log-in information. You agree to notify us immediately of any unauthorized use or any other breach of security. Quixells.com shall in no way be responsible for any matters whatsoever or howsoever arising and relating to use of or access to this Website or any of the platforms; services; products or other websites referred to herein and throughout by a person or persons under the age of 18. If you are aged 18 or under you must get the permission of your parents/guardians before submitting Personal Data to this Website or any of the platforms; services; products or other websites referred to herein and throughout. Users without this consent should not use or submit any Personal Data to this Website or any of the platforms; services; products or other websites referred to herein and throughout. By using this Website or any of the platforms; services; products or other websites referred to herein and throughout you understand that you are legally and financially responsible for all use of this Website or any of the platforms; services; products or other websites referred to herein and throughout by you and those using your log-in information. You agree to notify us immediately of any unauthorized use or any other breach of security. Quixells.com shall in no way be responsible for any matters whatsoever or howsoever arising and relating to use of or access to this Website or any of the platforms; services; products or other websites referred to herein and throughout by a person or persons under the age of 18.
In the event of a sale, merger, liquidation, receivership, or transfer of all or substantially all of the assets of our company provided that the third party agrees to adhere to the terms of the Website Privacy Policy then we reserve the right to transfer information (including your Personal Data) to a third party and provided that the third party only uses your Personal Data for the purposes that you provided it to us. You will be notified in the event of any such transfer and you will be afforded an opportunity to opt-out.
You, the customer, agree to use Quixells.com only for lawful purposes. While Quixells.com has no responsibility to monitor your use of domain names, Quixells.com reserves the right to terminate any account for which a Quixells.com hosted domain is found to be pointing or otherwise directing traffic to any material in violation of local law or regulation, including but not limited to material in violation of copyright law, and material judged to be threatening or obscene. Any misuse of Quixells.com resources that disrupts the normal use of the system is strictly prohibited. Such system abuse may lead to termination of the account. Examples of system abuse include but are not limited to spawning many processes that consume resources, consuming excessive amounts of disk storage or main memory or CPU for long periods of time, etc. Any attempts to penetrate Quixells.com security will result in the termination of the Customers’ account without notice, as well as notification of appropriate law-enforcement agencies.
Any failure by you to abide by any provision of this Agreement, any Quixells.com operating rule or policy or the Dispute Policy, may be considered by us to be a material breach of this Agreement. We may provide written notice, describing the breach, to you. If within ten (10) calendar days of the date of such notice, you fail to provide evidence that is reasonably satisfactory to us that you have not breached your obligations under the Agreement, then we may delete the registration or reservation of your domain name or terminate the services without further notice. We reserve the right to suspend any Quixells.com services during such 10-day period. Any such breach by you will not be deemed to be excused simply because we did not act earlier in response to that, or any other, breach by you.
You agree that we may terminate your right to use our service(s) if the information that you are obligated to provide to register your domain name through one of our registrar partners or subscribe for other Quixells.com service(s), or that you subsequently modify, contains false or misleading information, or conceals or omits any information we would likely consider the material to our decision to register your domain name through one of our registrar partners or to continue to provide you domain name services. Furthermore, you agree that we may suspend, cancel or transfer your domain name services in order to: (i) correct mistakes made by us, a registrar partner, or the registry in registering your chosen domain name, or (ii) to resolve a dispute under the Dispute Policy. We will not refund any fees paid by you if we suspend or terminate your services.
We do not check to see whether the domain name you select to register infringes on the legal rights of others. We urge you to investigate to see whether the domain name you select or its use infringes the legal rights of others. You may wish to consider seeking one or more opinions from competent trademark practitioners in connection with your domain name. You agree to assume all responsibility in selecting a domain name to register and/or monitor. Should we be sued or threatened with a lawsuit in connection with your domain name and/or subscription to any other of our services, we may turn to you to hold us harmless and indemnify us pursuant to the Indemnification provision of this agreement. Similarly, you recognize that we have no responsibility to determine whether domain names monitored or acquired by others through our site infringe your own rights in trademarks or domain names, and you agree to release Quixells Inc. and Quixells.com from any legal claims asserting such a responsibility.
We will not participate in any way in any dispute between you and any party other than us regarding the registration and use of your domain name, and/or Quixells.com services. You will not name us as a party or otherwise include us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defenses deemed appropriate, and to take any other action necessary to defend ourselves. Quixells.com will not honor registrations that Quixells.com reasonably believes infringe on its own trademarks. Should you fail to substantially prevail in any lawsuit brought against Quixells.com will be entitled to recover its reasonable legal fees and costs from you.
Regards,
QUIXELLS Inc.
