Quantaad is a web-based search engine that helps you identify applications of interest. The main features of our service let you: (i) use the Website’s search functionality to locate the right application and users’ reviews or recommendations about it; (ii) conveniently connect to the third party site where the application is available via links on the Website; and (iii) post reviews, referrals and comment on the Website about applications if you are a registered user (the “Services”).
We reserve the right to change the form and nature of the services we provide from time to time without prior notice to you. In addition, we may stop providing access to or aspects of the Website and/or Services (or any features within the Services) and we may not be able to provide you with prior notice.
You are responsible for your use of the Website and Services including any Content you post on the Website (eg. posting a review of a game or another application). The Content you submit, post, or display will be viewed by other users of the Website and may be viewed through third party services and websites.
The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Service or other information. The types and extent of advertising on the Services are subject to change. In consideration for our granting you access to and use of the Services, you agree that we (and our partners) may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
The Website and Services contain links to third-party websites or resources. If you use the search-feature on the Website, the search results will provide links to sources where you can purchase and/or download that application. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources (including the applications you selected).
Links to third party websites or resources do not imply any endorsement by us of the content, products, or services available from such websites or resources. You have sole responsibility for and assume all risk arising from your use of any such websites or resources. You further acknowledge that your use of those third party sites and services will be subject to the user terms and policies of each individual site, including terms relating to privacy and order fulfillment when you purchase any goods or services from a third party website linked to from the Website.
Restrictions on Content and Use of the Services
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of our users and the public.
You may not do any of the following while accessing the Website or using the Services:
- Contravene any applicable laws relating to acceptable online conduct, behavior and content usage;
- Engage in any illegal, offensive or unauthorized conduct including:
- Hacking, accessing, tampering with, or using non-public areas of the Services, our computer systems, or the technical delivery systems of our providers and partners;
- Promoting bigotry, threaten, discriminate against or impersonate other Quantaad users (based on race, sex, religion, nationality, disability, sexual orientation, age or otherwise);
- Posting any sexual or explicit content;
- Probing, scanning, or testing the vulnerability of any system or network or breaching or circumventing any security or authentication measures;
- Interfering with, or disrupting, (or attempting to interfere or disrupt), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services;
- Removing or modifying any copyright, trade mark or other proprietary notice on the Website;
- Use automated devices (such as robots and spiders) to scrape or index the Website or its Content;
- Record or mine information about other users of the Website and Services;
- Create or post shill reviews for your own business, products and services or those of any other user of the Website and Services.
You agree to indemnify us for any and all claims, damages, losses and expenses (including reasonable legal fees) relating to any acts by you, including but not limited to any Content submitted by you, in connection with using the Service, resulting in claims against us by other users or third parties.
You are responsible for safeguarding the password that you use to access the Website and Services and you are responsible for any activities or actions under your password. You agree to keep your password secure. We cannot, and will not, be liable for any loss or damage arising from your failure to comply with these requirements.
Content on the Services
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the originator. We may not monitor or control the Content posted through the Services and we cannot take any responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
We do not represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or 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 Services or broadcast elsewhere.
License of Rights
By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
You agree that this license includes the right for us to make such Content available to other companies, organizations or individuals who partner with Quantaad for the broadcast, distribution or publication of such Content on other media and services, subject to the terms and conditions for such Content use.
Such additional uses by Quantaad, or other companies, organizations or individuals who partner with Quantaad, may be made with no payment or other compensation to you in respect of the Content that you submit, post, transmit or otherwise make available through the Services. Quantaad will not be responsible or liable for any use of your Content by Quantaad in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
Quantaad gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided by Quantaad as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Quantaad, in the manner permitted by these Terms.
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain our exclusive property and the property of our licensors. The Services are protected by copyright, trademark, and other laws of both Canada and foreign countries. Nothing in the Terms gives you a right to use the Quantaad or Quantaad names or any of the Quantaad or Quantaad trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding the Website and Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
The Services are Provided “AS-IS”
Your access to and use of the Website, Services and any Content is at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, Quantaad AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content thereon. We will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Website, Services, or any Content. You also agree that we have no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Website and Services. We make no warranty that the Website or Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained through the Website or Services, will create any warranty not expressly made herein.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Quantaad AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT QUANTAAD HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Waiver and Severability
The failure of Quantaad to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the province of Ontario without regard to or application of its conflict of law provisions or your province or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in Ontario, Canada, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
We may revise these Terms from time to time and the most current version will always be at www.quantaad.com/terms.html. If the revision, in our sole discretion, is material we will notify you via an update or e-mail to the email associated with your account. By continuing to access or use the Website and Services after those revisions become effective, you agree to be bound by the revised Terms.
If you have any questions about these Terms, please contact us at email@example.com or:
440 North Wolfe Road,
Sunnyv ale, CA 94085