TERMS OF USE
Please, carefully read these terms and conditions of use before in any way using this Site (QUBIDRAW - www.bravekidgames.com/qubidraw/).
By accessing and using this Site, you are hereby agreeing to be legally bound by these terms and conditions of this Agreement. If you do not agree with all of the following terms and conditions, please do not use this Site.
We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this Site following the posting of changes to these terms will mean you accept those changes.
USER RULES
By using this Site, you agree:
- not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site;
- not to disrupt or interfere with any other user's enjoyment of the Site;
- not to use or attempt to use another's account, service or system, or create or use a false identity on this Site;
- not to attempt to obtain unauthorized access to the Site or portions of the Site which are restricted from the general access;
You should NOT post or submit any information that contain:
- private or personal information which might identify a user, e.g., full name, telephone number, home address, email address, or instant messenging handles;
- profanity or obscenities;
- personal attacks on other individuals;
- slanderous, defamatory, obscene, pornographic, threatening and harassing comments;
- bigoted, hateful or racially offensive statements;
- information that ITM METELKO deems in its sole discretion to be inappropriate for this Site.
NO WARRANTY
THE WEBSITE (INCLUDING WITHOUT LIMITATION ANY CONTENT) IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, OR STATUTORY.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ITM METELKO K.D. DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. WE DO NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS, THAT YOUR ACCESS OR OPERATION OF THE SITE OR ANY CONTENT ACCESSIBLE THROUGH THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE QUBIDRAW SITE (OR ANY SERVERS THAT MAKE SUCH MATERIALS AVAILABLE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, OR THAT THE USE OF THE SITE WILL NOT ADVERSELY AFFECT YOUR OR ANY OTHER PERSON’S USE OF THE COMPUTER(S) ON WHICH THE SITE IS ACCESSED FROM. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ITM METELKO K.D. OR QUBIDRAW OR AN AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OF ANY KIND. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, SO CERTAIN OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU, MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
INDEMNIFICATION
You hereby agree to indemnify, defend, and hold us and our affiliates and our officers, directors, owners, agents, information providers, licensors, and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities and costs (including reasonable attorney’s fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this agreement. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
LIMITATION ON LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY PERSONAL INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION UNDER ANY LEGAL THEORY (TORT, CONTRACT OR OTHERWISE), THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR MATERIALS OR FUNCTIONS AVAILABLE THROUGH THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO ITM METELKO K.D. FOR THE SITE, IF ANY, FOR ACCESSING THE SITE OR $50, WHICHEVER IS LESS.
The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
TERMINATION
These terms are effective until terminated by either party. We reserve the right, in our sole discretion, to terminate your access to any or all of the Site and the related services or any portion thereof at any time, without notice, which such termination may include an automatic closure of your user account by ITM METELKO K.D.. You may terminate these terms at any time by discontinuing use of the Site, and canceling your user account.
PRIVACY POLICY
Use of any information gathered during, or by, your use of the Site shall be governed by IMT METELKO K.D.'s privacy policy currently located at [www.bravekidgames.com/qubidraw/privacy_policy.htm]. By using the Site, you signify your agreement to ITM METELKO K.D.’s privacy policy. If you do not agree to the privacy policy, do not use the Site. We reserve the right, at our discretion, to change, modify, add, or remove portions privacy policy at any time. Your continued use of this site following the posting of these changes to the privacy policy will mean you accept those changes.
ENTIRE AGREEMENT
These terms shall be governed by and construed in accordance with the laws of Slovenia, EU, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the province or courts located in Ljubljana, Slovenia, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.
