Terms of Service ("Terms")

Last updated: March 15, 2016

Hi there, we’re glad you consider Qatching your awesome life with us. These Terms are the binding contract between us, should you choose to go ahead and use Qatch.

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the Qatch mobile application (the "Service") operated by Qatch Inc (“Qatch”, "us", "we", or "our").

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then simply do not use the Service.

By using the Service, you state that:

You can form a binding contract with Qatch, meaning that if you’re between 13 and 17, your parent or legal guardian has reviewed and agreed to these Terms;

You are not a person who is barred from receiving the Services under the laws of the United States or any other applicable jurisdiction—meaning that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition; and

You will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.

If you are using the Services on behalf of a business or some other entity, you state that you are authorized to grant all licenses set forth in these Terms and to agree to these Terms on behalf of the business or entity.

Communications

By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

A few things you may not do and need to be aware of:

You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.

You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, or any account rights. 

With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, Qatch prohibits the creation of said accounts and you agree that you will not create an account for anyone other than yourself. 

You also represent that all information you provide or provided to Qatch upon registration  and at all other times will be true, accurate, current and complete and you agree to update  your information as necessary to maintain its truth and accuracy.

You agree that you will not solicit, collect or use the login credentials of other users of the Service.

You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person's credit card information, non-public phone numbers or non-public email addresses.

You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicableto your use of the Service and your Content (defined below), including but not limited to, copyright laws.

You are solely responsible for your conduct and any data, text, files, information, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "Content") that you submit, post or display on or via the Service.

You should only provide Content that you are comfortable sharing with others under these Terms, and that does not violate any third-party’s rights of any kind, including without limitation, any intellectual property rights, rights of privacy, or publicity rights

Qatch reserves the right, but is not obligated, to reject and/or remove any Content that Qatch, in its sole discretion, including, but not limited to, violations of these Terms. We reserve the right, but have no obligation, to monitor disputes between you and other users. Qatch shall have no liability for your interactions with other users, or for any user’s action or inaction.

You must not change, modify, adapt or alter the Service or change, modify or alter another  website so as to falsely imply that it is associated with the Service or Qatch.

You must not create or submit unwanted email, comments, likes, ratings or other forms of commercial or harassing communications (including but not limited to "spam") to any Service users.

You will not collect names and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Service.

You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Service page is rendered or displayed in a user's browser or device.

You must not attempt to restrict another user from using or enjoying the Service and you  must not encourage or facilitate violations of this Agreement or any other Qatch terms.

Violation of this Agreement may, in Qatch's sole discretion, result in termination of your Service account. You understand and agree that Qatch cannot and will not be responsible forthe Content posted on the Service and you use the Service at your own risk. If you violate theletter or spirit of this Agreement, or otherwise create risk or possible legal exposure for Qatch, we can stop providing all or part of the Service to you.

You will not solicit money from any users.

You will not ask or use users to conceal the identity, source, or destination of any illegally gained money or products.

You must not post any Content that is prohibited by this Agreement.

You will not express or imply that any statements you make are endorsed by Qatch without our specific prior written consent.

You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. Qatch reserves the right to assign you a different username in case your username violates our terms in this Agreement.

You will not use any robot, spider, site search/retrieval application, or other manual or  automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.

You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service (either directly or indirectly through the use of third party software).

You will not "frame" or "mirror" any part of the Service, without Qatch's prior written authorization.

You will not use meta tags or code or other devices containing any reference to Qatch or the Service (or any trademark, trade name, service mark, logo or slogan of Qatch or the Service) to direct any person to any other website for any purpose.

You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile orotherwise disassemble any portion of the Service any software used on or for the Service, or cause others to do so.

You will not post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Service other than solely in  connection with your use of the Service in accordance with this Agreement.

General Conditions

We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. You can deactivate your Service account by sending a request to us. If we terminate your access to the Service or you ask us to deactivate your account, your photos, videos, comments, likes, ratings, followers, and all other data will no longer be accessible through your account, but those materials and data may persist and appear within the Service.

Upon termination, all licenses and other rights granted to you in this Agreement will immediately cease.

We reserve the right, in our sole discretion, to change this Agreement ("Updated Agreement") from time to time. The Updated Agreement will be effective as of the time of posting, or such later date as may be specified in the Updated Agreement, and will apply to your use of the Service from that point forward. This Agreement will govern any disputes arising before the effective date of the Updated Agreement.

We reserve the right to refuse access to the Service to anyone for any reason at any time. We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates this Agreement.

There may be links from the Service, or from communications you receive from the Service, to third-party web sites or features. There may also be links to third-party web sites or features in images, videos, messages or comments within the Service. The Service also includes third-party content that we do not control, maintain or endorse. Functionality on the Service may also permit interactions between the Service and a third-party web site or feature, including applications that connect the Service or your profile on the Service with a third-party web site or feature. For example, the Service may include a feature that enables you to share Content from the Service or your Content with a third party, which may be publicly posted on that third party's service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. Qatch does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that Qatch is in no way responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third-party service (each, an "Application") and such Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about your profile on the Service being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Qatch has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold Qatch harmless for activity related to the Application.

We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with Qatch's express consent).

You understand that by using the Service you consent to the collection, use, and disclosure of your personally-identifiable information as set forth in our Privacy Policy, and to have your personally-identifiable information collected, used, transferred to and processed in the United States and abroad.

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us.

Qatch is not responsible for the conduct of any user. In no event shall Qatch, its affiliates or its partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users.

Your License

Qatch grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sub licensable license to access and use the Service. This license is for the sole purpose of letting you use and enjoy the Service’s benefits in a way that these Terms allow.

Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.

You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless applicable laws prohibit these restrictions or you have our written permission to do so.

Data Charges and Mobile Phones

You are responsible for any mobile charges that you may incur for using our Services, including text-messaging and data charges. If you’re unsure what those charges may be, you should ask your service provider before using the Services.

If you change or deactivate the mobile phone number that you used to create a Qatch account, you must update your account information through Settings within 72 hours to prevent us from sending to someone else messages intended for you.

Rights

Anything you post, upload, share, store, or otherwise provide through the Service is your “Content”. Some Content is viewable by other users. In order to display your Content on the Service, and to allow other users to enjoy them (where applicable), you grant us certain rights to the Content so that we can run the Service. Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to Content that is also your personally-identifiable information.

For all Content, you hereby grant Qatch a license to translate, modify (for technical purposes, for example, making sure your content is viewable on an iPhone and an android phone) and reproduce and otherwise act with respect to such Content, in each case to enable us to operate the Services and/or produce any product you request, as described in more detail below. This is a license only – your ownership of the Content is not affected.

If you store content in a Happening with no other members (“Private Content”), you grant Qatch the license above, as well as a license to display, perform, reproduce and distribute your Private Content for the sole purpose of making that Private Content accessible to you and providing the Services necessary to do so and/or produce any product containing such Private Content you request.

If you share Content in a manner that only certain specified users can view (such as a Happening with other members than yourself) (“Shared Content”), then you grant Qatch the licenses above, as well as a license to display, perform, reproduce and distribute your Shared Content for the sole purpose of making that Shared Content accessible to such other specified users, and providing the Services necessary to do so and/or produce any product containing such Shared Content to such other specified users request. Also, you grant such other specified users a license to access that Shared Content, and to use and exercise all rights in it, as permitted by the functionality of the Services and/or produce any product containing such Shared Content to such other specified users request.

You agree that the licenses you grant are royalty-free, perpetual, sub-licensable, irrevocable, and worldwide; You understand and agree that Qatch, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your Content to conform and adapt the Content to the technical requirements of connection networks, devices, services, or media, and any of the foregoing licenses include the rights to do so.

Some of the Service can be supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Qatch may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.

You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.

You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in this Agreement; (ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and (iv) you have the legal right and capacity to enter into this Agreement in your jurisdiction.

The page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Qatch, and may not be copied, imitated or used, in whole or in part, without prior written permission from Qatch.

Although it is Qatch's intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, Qatch reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by Qatch, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, Qatch encourages you to maintain your own backup of your Content. In other words, the Service is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. Qatch will not be liable to you for any modification, suspension, or discontinuation of the Service, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.

You agree that Qatch is not responsible for, and does not endorse, Content posted within the Service. Qatch does not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates this Agreement, you may bear legal responsibility for that Content.

Except as otherwise described in the Service's Privacy Policy, any Content will be non-confidential and non-proprietary and Qatch will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with Qatch is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place Qatch in a position that is any different from the position held by members of the general public, including with regard to your Content. None of your Content will be subject to any obligation of confidence on the part of Qatch, and Qatch will not be liable for any use or disclosure of any Content you provide.

It is Qatch's policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, Qatch does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that Qatch is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.

Termination

Qatch may, without prior notice, change the Service, stop providing the Service or features of the Service to you or to users generally, or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if, in our sole determination, you violate any provision of these Terms.

Upon termination of your access to or ability to use a Service, including but not limited to suspension of your account, your right to use or access that Service and any Content will immediately cease. All provisions of this Agreement that by their nature should survive termination, shall survive termination, including, without limitation, licenses, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability which you otherwise may have to Qatch or any third party.

On termination of your Account or upon your deletion of particular pieces of your Content from the Services, you acknowledge and agree that: (a) caching of, copies of, or references to the Content may not be immediately removed; (b) such removed Content may persist in backups (not available to others) for a reasonable period of time. You agree to release and indemnify Qatch from all claims related to the retention of deleted content.

Disclaimer of Warranties

1. THE SERVICE, WITHOUT LIMITATION, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, QATCH NOR ANY OF QATCH'S EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE "QATCH PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) USER CONTENT; OR (C) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO QATCH OR VIA THE SERVICE. IN ADDITION, QATCH HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

2. THE QATCH PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE QATCH PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE QATCH PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE QATCH PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THIS AGREEMENT.

3. BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.

4. THE QATCH PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

Limitation of Liability; Waiver

1. UNDER NO CIRCUMSTANCES WILL QATCH BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) USER CONTENT; (C) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (D) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY QATCH OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (F) ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; OR (G) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF QATCH HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL QATCH BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL QATCH'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED US DOLLARS ($100.00).

2. YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF QATCH'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY QATCH, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY QATCH.

3. QATCH IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

 

Indemnification
You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at Qatch's request), indemnify and hold Qatch harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your Content or your access to or use of the Service; (ii) your breach or alleged breach of this Agreement; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Qatch in the defense of any claim. Qatch reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Qatch.

Time Limitation on Claims

You agree that any claim you may have arising out of or related to your relationship with Qatch must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

Entire Agreement

If you are using the Service on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. This Agreement constitutes the entire agreement between you and Qatch and governs your use of the Service, superseding any prior agreements between you and Qatch. You will not assign this Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Qatch. Any purported assignment or delegation by you without the appropriate prior written consent of Qatch will be null and void. Qatch may assign this Agreement or any rights hereunder without your consent. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from this Agreement and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Agreement remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Agreement. This Agreement does not confer any third-party beneficiary rights.

Territorial Restrictions

The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Qatch to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that Qatch provides.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Delaware, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

 

The effective date of this Agreement is 15 March 2016.