Effective Date: 10.02.2020
By downloading, installing, copying, or otherwise using all or any portion of QUESTS you agree to be bound by the terms of this Agreement. If you do not agree to this Agreement, do not use QUESTS. Violation of any part of the Agreement will result in termination of your account.
QUESTS INC may grant you a non-exclusive, non-transferable license to use QUESTS only in accordance with the terms and conditions set forth herein. You agree not to transfer, assign, rent, lease, sublicense, or lend QUESTS to any other person or entity, except as expressly provided herein, and that any attempt to do so in any other way can be regarded as a violation of this Agreement and rights of QUESTS INC and shall render the license null and void.
This Agreement is available only to individuals who are at least 16 years old or have their legal guardians’ permission. By agreeing, you certify that you are 16 years old or have the requisite permission. The Company may in its sole discretion terminate the Agreement with any person or entity and change its eligibility criteria at any time. This provision is valid to the fullest extent permitted by the applicable jurisdiction.
You will need a QUESTS account in order to use our services. To protect your QUESTS account, keep your password confidential. You are responsible for the activity that happens on or through your QUESTS account. We advise you not to reuse your QUESTS account password on third-party applications. Only you are responsible for everything that happens because you have not provided the proper security and privacy of your password. If anyone uses your password or access your account without your permission, you may contact to our customer support (email@example.com).
You agree that you will not:
- Use QUESTS, services, and/or websites in connection with surveys, contests, chain letters, junk email, spamming or any duplicative or unsolicited messages.
- Publish, post, upload, save, transmit, distribute or disseminate content that QUESTS INC determines is beyond the acceptable level. For example, content that is illegal, harmful, abusive, threatening, vulgar, distasteful, sexually explicit, defamatory, obscene, embarrassing, unwanted, rude, hateful or otherwise offensive.
- Use, upload, transmit, distribute or otherwise make available any material or information, which contain any materials that could infringe any copyright, trademark, patent, trade secret, publicity or privacy right or any other proprietary right or disclose any trade secret of or violate any confidential obligation of any person or entity, unless you have first received permission from the owner of those rights to use the materials in this manner.
- Use, post, store, reproduce, publish, distribute, publicly display, modify, create derivative works (product name) as a whole and / or part thereof.
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of QUESTS and/or websites and/or other users’ devices.
- Except as expressly authorized by QUESTS INC, advertise or offer to sell or buy any goods or services in QUESTS and/or on the website.
- Falsify, delete or disable any copyright management information. For example, author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in the application that is uploaded or on the website.
- Impersonate or create a false identity for the purpose of misleading others.
- Use, download or otherwise copy, or provide to a person or entity any directory of users or other user or usage information or any portion thereof.
- Use the application and/or the website for fraudulent transactions.
- Sell, buy, or transfer access to your account.
If you consider that any content made available on any service by users does not comply with these requirements, you may report this to QUESTS INC by sending an e-mail to our customer support (firstname.lastname@example.org).
USER GENERATED CONTENT
You are solely responsible for all content generated by you through the use of QUESTS or Company’s services, (“User-Generated Content”). It is your responsibility to ensure that your User-Generated Content does not infringe or violate any rights of QUESTS INC or any third party. QUESTS INC shall have no rights in any User-Generated Content.
COPYRIGHT AND RESTRICTIONS
Copyright and other intellectual, industrial, and/or proprietary rights to QUESTS and to any whole or partial copies that you make are owned by QUESTS INC or its licensors. QUESTS INC permits you to use QUESTS INC only in accordance with the terms of this Agreement. All rights not specifically granted by QUESTS INC are reserved by QUESTS INC. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to reveal the mechanism/principle of functionality or modify the functionality, or to allow to any third party to make benchmark or other tests of QUESTS except for those uses allowed in this Agreement. You agree not to remove any label indicating that QUESTS INC is the subject of copyright and other intellectual, industrial or proprietary rights of QUESTS INC and/or third parties.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF QUESTS IS AT YOUR SOLE RISK. QUESTS IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. QUESTS INC, ITS AFFILIATES AND THEIR RESPECTIVE LICENSORS (HEREINAFTER, COLLECTIVELY REFERRED TO AS ” QUESTS INC”) EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT. QUESTS INC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN QUESTS WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF QUESTS WILL BE CORRECTED. FURTHERMORE, QUESTS INC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF QUESTS IN TERMS OF ITS CORRECTNESS, ACCURACY, OR RELIABILITY, OR IN ANY OTHER TERMS. QUESTS INC DOES NOT GUARANTEE THAT QUESTS WILL WORK CORRECTLY IF YOU TURN OFF AUTOMATIC UPDATES OF QUESTS, SPECIFIED IN THE SECTION “UPDATES” OF THIS AGREEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY QUESTS INC, QUESTS INC AUTHORIZED REPRESENTATIVE, OR ANY OTHER PARTY SHALL CREATE ANY WARRANTY WITH RESPECT TO QUESTS. SHOULD QUESTS PROVE DEFECTIVE, YOU (AND NOT QUESTS INC OR A QUESTS INC AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE EXCLUSIONS DESCRIBED IN THIS AGREEMENT MAY NOT APPLY TO YOU. QUESTS INC PROVIDES NO WARRANTY THAT ANY HARDWARE OR SOFTWARE WILL NOT BE DAMAGED BY THE SOFTWARE OR ANY DATA YOU DOWNLOAD USING THE SOFTWARE. YOU ASSUME THE ENTIRE RISK OF DOWNLOADING, INSTALLING, COPYING, OPERATING AND USING THE SOFTWARE.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER QUESTS INC NOR ANY OF ITS AFFILIATES, ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, LICENSORS, AND/OR CONTRACTORS SHALL BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND, DIRECT OR INDIRECT, INCLUDING BUT NOT LIMITED TO COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, IN CONNECTION WITH OR ARISING FROM USE OF QUESTS OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT. IN ALL CASES, QUESTS INC’s ENTIRE LIABILITY UNDER ANY PROVISION OF THIS LICENSE SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID FOR THE ASSOCIATED SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR CERTAIN LIMITATIONS ON DAMAGES AND REMEDIES. ACCORDINGLY, SOME OF THE EXCLUSIONS AND LIMITATIONS DESCRIBED IN THIS AGREEMENT MAY NOT APPLY TO YOU.
LIMITATION OF SUPPORT
QUESTS INC will make an effort to provide you with email: email@example.com, phone +16508439110, pertaining to your use of QUESTS. The said support will be limited to topics within the domain of basic usage of QUESTS. QUESTS INC is not required to offer you general advice on technologies underlying or related to QUESTS. QUESTS INC reserves the right to cease offering support of any kind pertaining to the usage of older releases of QUESTS whenever a new release becomes available.
You agree to defend QUESTS INC, its affiliates and its and/or their respective successors and assigns, as well as their respective officers, directors, employees, agents, licensors, representatives, operational service providers, and suppliers against any and all claims, demand and/or actions and indemnify and hold QUESTS INC, its affiliates and its and/or their respective successors and assigns, as well as their respective officers, directors, employees, agents, representatives, suppliers, licensors, and contractors harmless from and against any and all losses, damages, costs, and expenses (Including reasonable attorneys’ fees), resulting from your breach or violation of this Agreement, infringement, misappropriation or your violation of the rights of any other party, your violation or non-compliance with any law or regulation, or your alteration or export of QUESTS. QUESTS INC reserves the right to assume, at its expense, the exclusive defense and control of any claims or actions and all negotiations for settlement or compromise, and you agree to fully cooperate with QUESTS INC upon its request.
TECHNICAL AND RELATED INFORMATION
QUESTS INC and its subsidiaries may collect and use technical and related information, including but not limited to technical information concerning your device, system and software. QUESTS INC and its subsidiaries are free to use this information in any form that does not personally identify you or your device. Any collection of technical and related information by QUESTS INC and its subsidiaries shall be limited in such a manner that QUESTS INC and its subsidiaries will not be capable of reconstructing the contents of files you use from within QUESTS INC or any other personal files that are accessible to QUESTS when you use it.
TERM AND TERMINATION
This Agreement is effective until terminated. Without prejudice to any other rights, QUESTS INC may immediately terminate this Agreement if you fail to comply with any of the terms and conditions set out in this Agreement. In such an event, you must cease all use of QUESTS and destroy all copies of QUESTS that are in your possession. Inaction of QUESTS INC to terminate this Agreement after you fail to comply with any of the terms and conditions set out in this Agreement does not imply a waiver of any kind of the rights reserved by QUESTS INC under this and other provisions.
QUESTS INC is constantly working to improve QUESTS. At the time of download, the software may not include all or may include different functions and features than advertised. Functions and features are subject to further change. In case of any material change to QUESTS, QUESTS INC will notify the user via e-mail or through the application or website.
QUESTS INC shall not be in default of any obligation under the Agreement, if the failure to perform the obligation is due to any event beyond QUESTS INC’s control, INCluding, without limitation, power failures, internet failures, dislocating servers, DDoS attacks, hack attacks, viruses, natural disaster, war, riot, insurrection, epidemic, strikes, or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
This Agreement is the entire agreement between you and QUESTS INC relating to QUESTS and supersedes all prior oral or written communications and representation in respect to QUESTS or any other subject matter covered by this Agreement. If any of the provisions of this Agreement is held to be void, unenforceable or illegal, the other provisions shall continue in full force and effect. The affected provision will be construed as limited to the extent necessary to be consistent with and fully enforceable under the applicable law.
GOVERNING LAW AND JURISDICTION, JURY TRIAL WAIVER
The parties mutually acknowledge and agree that this Agreement shall be construed and enforced in accordance with the laws of (enter preferred jurisdiction), to the exclusion of the conflicts of laws provisions thereof. In the event any disputes, differences, or controversies arise between the parties in connection with this Agreement, the parties shall thoroughly explore all possibilities for the amicable settlement. In such cases where amicable settlement cannot be reached, all disputes, differences, or controversies shall be determined by arbitration administered by the International Centre for Dispute Resolution® in accordance with its International Dispute Resolution Procedures, as modified by the ICDR® Online Protocol for Manufacturer/Supplier Disputes then in effect (please find the International Dispute Resolution Procedures and the ICDR Online Protocol for Manufacturer/Supplier Disputes www.icdr.org). The language of the arbitral proceedings shall be English.
The parties hereto waive trial by jury with respect to any matters arising under or relating to this Agreement. The parties hereto agree that no failure or delay by either party in exercising any right, power or privilege hereunder will operate as a waiver thereof; nor will any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power or privilege hereunder.
CHANGES TO THIS AGREEMENT
We will keep you up to date about any possible changes to this Agreement. As soon as such changes occur, we will inform you via email and/or on our website.
If you have any questions regarding this Agreement you may contact QUESTS INC in writing at Delaware Corporation having a principal place of business at 8 The Green, Suite #10341, Dover, DE 19901, USA or by contacting our customer support at firstname.lastname@example.org.