TERMS & CONDITIONS
Thank you for your interest in Qasmyr. These Qasmyr. terms (the “Terms”) govern the relationship between you and Qasmyr (“Qasmyr”, “we”, “our”, “us”), your access and use of all content and functionalities available at the Qasmyr website, located at www.qasmyr.com, related domain names, and any other website, or social media channel of Qasmyr (collectively the “Site”). The terms “you,” “your,” and “yours” refer to anyone accessing, viewing, browsing, visiting or using the Site in any manner.
Use of the Site is also governed by our Privacy Policy, the most current version which can be found at www.qasmyr.com/utilitypage#/privacy (the “Privacy Policy”), which is incorporated herein by reference.
IMPORTANT – PLEASE READ CAREFULLY – THESE TERMS CREATE A LEGALLY BINDING AGREEMENT WHICH GOVERNS YOUR USE OF OUR SITE. BY CREATING AN ACCOUNT (AS DEFINED BELOW) OR BY ACCESSING OR USING OUR SITE, YOU ACCEPT AND AGREE TO BE BOUND, WITHOUT LIMITATION OR QUALIFICATION, BY THESE TERMS. IF YOU DO NOT ACCEPT ANY OF THESE TERMS, YOU ARE PROHIBITED FROM USING OUR SITE. IF YOU WERE USING A BETA VERSION OR OTHER VERSION OF OUR SITE OFFERED PRIOR TO YOUR ACCEPTANCE OF THESE TERMS, THESE TERMS ALSO APPLY TO YOUR PAST USE OF THAT BETA OR OTHER VERSION OF OUR SITE.
By visiting the Site, you hereby accept and consent to the practices and provisions in these Terms by posting the amended Terms on our Site. We reserve the right, at our sole discretion, to modify these Terms from time to time. You may also be given additional notice, such as an e-mail message of any material changes. You will be deemed to have accepted such changes by continuing to use our Site following such change. Please check our Site often to review the most recent terms. If at any point you do not agree to any portion of the then-current version of our Terms, the Privacy Policy or any other Qasmyr policy, rules or codes of conduct relating to your use of the Site, you must immediately stop using the Site.
If you are under 18, you must let your parent or guardian know about our Privacy Policy before you register to use this Site or any of this Site’s services. Please read these Terms and check back often. If you do not agree to any change to the Terms, then you must immediately stop using the Site.
REGISTRATION
Subject to your agreement and continuing compliance with these Terms and any other relevant Qasmyr policies, we grant you a non-exclusive, non-transferable, revocable limited license to access and use Site through a web browser or mobile device.
To use some of the services or features made available to you on this Site you will need to register for an account (“Account”). If you need to change any of the information you provided when registering for an Account, please email us at info@qasmyr.com. An Account not registered to you is referred to as a “Third Party Account.” You acknowledge that the contact person associated with your Account is responsible for regularly reading all communications sent to such contact and that important notices and consents may be sent to such contact person and that such notices and consents may be material or crucial to your use of your Account, this Site or any services offered by Qasmyr.
You agree to notify Qasmyr immediately of any breach of security or unauthorized use of your Account. Although we will not be liable for your losses caused by any unauthorized use of your Account, you may be liable for our losses or the losses of other parties due to such unauthorized use.
You are solely responsible for your access to our Site using your Account. Since Accounts are a key mechanism for the use of our Site we have to impose the following rules regarding creation and use of Accounts:
You will not create an Account using a false identity or false information, or on behalf of someone other than yourself;
You are responsible for any use of your credit card or other payment instrument (e.g. PayPal) incurred by anyone who incurs charges using your Account;
You will not have an Account or use our Site if your Account has previously been removed by us or you have previously been banned; and
You will not rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account to anyone without our written permission.
Any use of our Site in violation of these Terms is strictly prohibited and can result in the immediate revocation of your limited license granted herein, and may subject you to liability for violations of law.
You agree that you will not, under any circumstances:
Engage in any act that we deem to be in conflict with the spirit or intent of these Terms, including but not limited to circumventing or manipulating these Terms and other terms to which you are subject by Qasmyr;
Use our Site in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation;
Without our express written consent, modify or cause to be modified any files or content that are used on our Site;
Disrupt, overburden, or aid or assist in the disruption or overburdening of (1) any computer or server used to support our Site (each a “Server”) or (2) the enjoyment of our Site by any other person;
Institute, assist or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon our Site or other attempts to disrupt any other person’s use or enjoyment of our Site;
Gain or attempt to gain unauthorized access to Third Party Accounts, Servers or networks connected to our Site by any means, including but not limited to circumventing or modifying, attempting to circumvent or modify or encouraging or assisting any other person to circumvent or modify, any security, technology, device or software that is used to support our Site;
Post or attempt to post any information that is abusive, threatening, obscene, defamatory, libelous, racially, sexually, religiously or otherwise objectionable or offensive;
Post or attempt to post any information that contains nudity, violence or offensive subject matter or that contains a link to such content;
Attempt to, or harass, abuse, harm, or advocate or incite harassment, abuse or harm of another person or group of persons, including our employees or customer service representatives;
Post or attempt to post, distribute or make available through our Site any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity or other right of any person or entity or impersonates any other person;
Transmit or attempt to transmit unauthorized communications through our Site, including junk mail, chain letters, spam and any materials that promote malware, spyware and downloadable items;
Interfere or attempt to interfere with the proper functioning of our Site or connect to or use our Site in any way not expressly permitted by these Terms;
Engage in the unauthorized access to Accounts of other users;
Intercept, examine or otherwise observe any proprietary communications protocol used by a client, or a Server, whether through the use of a network analyzer, packet sniffer or other program or device;
Make any automated use of our Site or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure, as we determine in our sole discretion;
Bypass any robot exclusion headers or other measures we take to restrict access to our Site or use any software, technology or device to send content or messages, scrape, spider or crawl our Site, or harvest or manipulate data;
Use, facilitate, create or maintain any unauthorized connection to our Site, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate, any part of our Site or (2) any connection using programs, tools or software not expressly approved in writing by us;
Copy, modify or distribute rights or content from any of our sites, including but not limited to content that contains or is protected by copyright or trademark or use any method to copy or distribute the content of our Site, except as specifically allowed in these Terms;
Solicit or attempt to solicit personal information from other users;
Collect, harvest or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents or financial information through our Site; or
Upload or transmit or attempt to upload or to transmit, without our express written permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation clear graphics interchange formats (“gifs”), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”)
You understand and agree that Qasmyr reserves the right to stop offering and/or supporting the Site or part of the Site at any time, at which point your license to use the Site or a part thereof will be automatically terminated. In such event, Qasmyr shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued features or services of the Site.
ELIGIBILITY TO PURCHASE
Only parties who can lawfully enter into contracts, in accordance with the laws of the State of New York, may purchase merchandise through our Site.
If you wish to make a purchase on our Site, you will need to provide certain information. In particular, you must provide your name, phone number, e-mail address, payment details (such as a valid credit card number) and other requested information as indicated. You represent and warrant that all such information provided is valid, correct, and complete. You also represent and warrant that you are the person referred to in the credit card information provided.
We reserve the right, in our sole discretion, to restrict multiple quantities of an item shipped to any one customer or postal address.
You agree and understand that by submitting an order to purchase merchandise, you expressly authorized us to perform credit checks and, where we deem appropriate, to obtain credit report information (including any updated information) from third parties solely to authenticate your identity, to validate your credit card or debit card, to obtain an initial credit card authorization and/or to authorize individual purchase transactions.
ORDERS
You agree and understand that all orders are subject to acceptance and availability. You also agree and understand that, unless and until your purchase order is confirmed by us, any items in your shopping basket are not reserved and may be purchased by other customers.
We offer products for sale that are in stock and available for dispatch from our distribution center. Although we sell products that are in stock and available in our distribution center, there are instances we may be dependent on shipments of certain items from our suppliers. As a result, we may offer you the opportunity to make an advance payment (“Advance Payment”) for such items, subject to our acceptance (“Advance Purchase”). Qasmyr will only accept Advance Purchase orders for items that have been scheduled for delivery by a supplier. You agree and understand that your rights regarding Advance Purchases are the same as those for any other purchase at Qasmyr and are subject to these Terms. If you do not wish to make an Advance Purchase, you may choose to register your email address for notification of arrival of the selected merchandise not held in stock.
We may pre-allocate items in our stock to fulfill Advance Purchase orders. We make no guarantees that all Advance Purchase orders will be fulfilled with items in our available stock. We will notify customers making Advance Payments that they will receive such items in priority to customers on a waiting list for such items or customers ordering such items through our Site for immediate delivery. In some instances, we may be unable to deliver selected Advance Payment merchandise due to production problems or quality check issues identified when we receive an order into stock. In such instances, we will notify you by email and refund the Advance Payment amount to your credit card or debit card, as appropriate, within thirty days of being advised that merchandise has become unavailable.
You may be given the option of registering your email address for the purpose of being notified when a specific item featured on our Site is available for purchase. If you have registered your email address for such purpose, we will attempt to notify you, via email, within 48 hours of such item becoming available on our Site. You agree and understand that such item may sell out during this period and you may not be able to purchase such item.
PRICING POLICY
Prices shown on the Site are in US Dollars and are exclusive of taxes. We will charge sales tax on orders as applicable by state laws..
If your credit card or debit card does not process payments in US Dollars, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
You agree and understand that we may change advertised prices in our discretion. The price of a product displayed on the Site at the time the Order is accepted will be honored, except in cases of patent error, such determination to be made by us in our sole discretion.
If you purchase an item from a country served as delivery duty paid, then such costs are included in the final purchase price. If you purchase an item from a country served as delivery duty unpaid, then you will be charged for the items purchased and shipping costs. You will be separately invoiced for any import duty or taxes by your import broker. We recommend you contact your local customs authority to determine a landed cost price prior to purchase completion.
SALE PRICE ADJUSTMENT POLICY
In our discretion, we may offer a sale price adjustment (“Sale Price Adjustment”) on items purchased up to 7 days prior to the commencement date of a sale. Please be aware that the exact style and size of an item must be available for purchase at the time your request is made before any Sale Price Adjustment is approved. All approved Sale Price Adjustments will be credited to the form of payment that you used to place your order.
If an item was purchased while on sale or on any other promotion, we are unable to offer price adjustment on such items. Furthermore, if an item has been purchased at a discounted sale price, there will be no Sale Price Adjustment in the event the price is further reduced.
ACCEPTANCE OF YOUR ORDER
After you place your order for items features on our Site (the “Order”), you will receive an email notice from us acknowledging the details of your Order. You agree that this email is NOT an acceptance of your Order. You understand that this email is merely a confirmation that we have received your Order.
Unless you cancel your order and subject to any pricing errors (as discussed below), your Order will be accepted when we complete packaging the items specified in your Order. You agree and understand that we will have completed our obligations in connection with your Order, and we will have no further liability to you, upon mailing the items purchased to the address specified in your Order. We will send you an email containing you tracking number, and confirming that your Order has been dispatched. You agree and understand that neither our third party payment processor nor our courier has the authority to accept an order on behalf of Qasmyr.
We reserve the right, in our discretion, to reject your Order for any reason which includes, but is not limited to, the event that we are unable to obtain authorization for payment, shipping restrictions apply to a particular item, an item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or you do not meet the eligibility criteria set-out within these Terms.
You understand and agree that we frequently change our inventory and our Site. As a result, we will not be liable to you or any third party if we withdraw any merchandise from the Site (regardless of whether or not such merchandise has been sold); remove, screen or edit any materials or content on the Site; or refuse to process a transaction or unwind or suspend any transaction after processing has begun (but before we package the items in an Order).
We make every reasonable effort to ensure that details on our Site are accurate. We may, from time to time, discover an error on our Site which includes the pricing of products. If we discover an error in the pricing of a product in your Order, we will let you know as soon as possible. You understand and agree that we shall be under no obligation to accept or fulfill an Order for a product that was advertised at an incorrect price and that we reserve the right to cancel and reject such an Order that has been accepted or is in transit. If you place an order for a product that is priced incorrectly for any reason, we will email you to inform you that we have not accepted your Order and/or that the relevant part of your Order has been cancelled. If you have already paid for the items, we will refund your full purchase amount as soon as we are able. In the event that such items are recalled while in transit, we will process your refund once the products have been returned to us.
PAYMENT
Payment can be made by and methods which are clearly advertised on the Site from time to time. Payment will be debited and cleared from your Account upon completion of the packing of your order by Qasmyr.
You represent and warrant that the credit card and/or debit card that is being used to place an Order is yours or that you have been specifically authorized by the owner of the credit card and/or debit card to use it. You understand that fulfillment of Orders may be subject to validation checks and authorization by the card issuer. As a result, you understand and agree that if the issuer of your credit card and/or debit card refuses to authorize payment to Qasmyr, we will not be liable for any delay or non-delivery.
Due to high demand, we may, on occasion, experience shortages of certain items. If we don’t have an item that you have ordered in stock, we will notify you via email.
Sometimes, an item is out of stock and not expected to come back in stock, so we must cancel the item. In this case, if you paid with a credit/debit card, we will not charge you for the item or any taxes, shipping or handling charges.
We take reasonable care to make our Site secure. For instance, we use use Secure Socket Layer (SSL) technology. All credit card and debit card transactions on this site are processed using Authorize.net, a secure online payment gateway that encrypts your card details in a secure host environment. [If you have an Account, we will securely store your credit card and/or debit card details on our systems. These details will be fully encrypted and only used to process card transactions which you have initiated].
We take reasonable care to keep the details of your Order and payment secure. You understand and agree that we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.
PROMOTION CODES
From time to time, we may make promotional codes available for use on our Site. You understand and agree that such codes are non-transferable and have no cash value. You also understand that promotion codes cannot be used or combined with any other promotion code or offers, and must be redeemed by the date indicated in connection with such code, if any.
RETURNS & EXCHANGES
RECEIVING YOUR RETURN AUTHORIZATION (RA)
If you wish to return an item, a Returns Authorization (“RA”) number should be requested online within 21 days of receiving your Order. Please send the details of your purchase (name, date of purchase, item to be returned, reason for return) to info@qasmyr.com and we will respond as soon as possible with an RA.
RETURNING YOUR PURCHASE
If you request a return, you must return the items to us within 21 days of purchase. For full details on how to return your purchase see our Returns & Exchanges policy.
EXCHANGES
If you would like to make an exchange, please return the original item and then purchase the new item. If you have any questions you can reach us at: info@qasmyr.com.
OUR POLICY
You agree to return all items unused, including all tags still attached and any other designer packaging (such as dust bags). We reserve the right to reject any damaged or soiled items and return such items to you.
You agree to include the applicable RA number on all returns. Unidentified returns may be returned to the sender.
FAULTY GOODS
An item is considered faulty if it is received with obvious damage or if a manufacturing defect is discovered within six months of the date of purchase. You agree that the determination of whether or not an item is faulty is in our sole discretion. You agree that in no circumstances will normal wear and tear result in an item being considered faulty.
You may exchange a faulty item, in lieu of obtaining a refund, only in exchange for the same items in the same size and color, subject to availability. Where possible, we will offer to repair faulty items. If it cannot be repaired or the same product is not available, you are entitled to a full refund.
REPEATED RETURNS
We reserve the right to reject orders or refuse to accept returns or exchanges if we determine, in our discretion, that the number of returns made by a particular customer is excessive.
INTELLECTUAL PROPERTY RIGHTS
You understand and agree that all copyright, designs, the “look and feel” of the Site, trademarks and all other intellectual property and material rights relating to the Content as herein described, including all software and other code contained in this Site, shall remain at all times vested in Qasmyr and/or are the property of their respective owners.
All Content displayed on our Site is protected by federal and state laws and regulations and international treaty provisions. You are permitted to use the Content only as expressly authorized by us and/or the third party licensors of such Content. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
CONTENT
In addition, “Content” is defined as all information on the Site, including the “look and feel” of the Site, data files, graphics, text, photographs, drawings, logos, images, sounds, music, video or audio files on this Site. We not represent or warrant that the Content is accurate, error-free or reliable or that your use of the Content will not infringe rights of third parties. Your use of our Site is at your risk. Qasmyr does not warrant that the functional aspects of the Site or the Content will be error free or that our Site, the Content or the server that makes it available are free of viruses or other harmful components. You agree that we are not responsible for repairing or replacing any property, material, equipment or data as a result of using our Site.
Qasmyr reserves the right to withdraw any Content from our Site at any time and for any reason. Removal may be immediate and without notice. You understand and agree that we are not liable to you or any third party for any such withdrawal.
CONTENT SCREENING
We assume no responsibility for the conduct of any user submitting any content (“User Content”) and assume no responsibility for monitoring our Site for inappropriate content or conduct.
We do not, and cannot, pre-screen or monitor all User Content. However, at our sole discretion, our representatives or technology may monitor and/or record your interaction with our Site or communications (including without limitation chat text) when you are using our Site.
By entering into these Terms, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications. We may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to User Content that in our sole judgment violates these Terms.
We reserve the right to limit the amount of User Content that you post on, through or in connection with our Site, in its sole discretion, based upon the amount of storage capacity that we allocate for User Content.
If at any time we choose, in our sole discretion, to monitor our Site, we assume no responsibility for User Content and assume no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post or remove any User Content.
USER INTERACTIONS
You are solely responsible for your interactions with other Account Holders and any other parties with whom you interact through our Site. We reserve the right, but have no obligation, to become involved in any way with your interactions or potential disputes with or between Account Holders.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
NO COMMERCIAL USE
This Site is for your personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained or displayed within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
YOUR ACTIVITY
You agree that you will be personally responsible for your use of this Site and for all of your activity on this Site. We reserve the right to deny you access to this Site, or any part of this Site, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities or otherwise violated the spirit of these Terms, we may deny you access to this Site and any decision to do so is final.
You agree not to collect any personally identifiable information, including the names of Account holders, from the Site. You agree not to solicit, for commercial purposes, any users of the Site.
THIRD PARTIES
We may include links on this Site to other websites operated by third parties, including advertisers. Qasmyr has not reviewed all of the sites linked to the Site and is not responsible for the content or accuracy of any off-site pages. We make no representation or warranty regarding any content, goods and/or services provided by any third party even if linked from our Site, and will not be liable for any claim relating to any third party content, goods and/or services. The linked third party sites are not under our control and may collect data or solicit personal information from you. We are not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. Further, the inclusion of any third party link does not imply our endorsement by of these linked sites.
GENERAL
We reserve the right, at our discretion, to change, modify, add or remove portions of these Terms and its Privacy Policy at any time by posting the amended Terms on the Site. You may also be given additional notice, such as an e-mail message of any changes. You will be deemed to have accepted such changes by continuing to use the Site. Except as otherwise stated, all amended terms shall automatically be effective thirty (30) calendar days after they are initially posted. We may also revise other policies, codes or rules at any time, and the new versions will be available on our Site. No amendment to the Terms or Privacy Policy shall apply to any dispute of which Pam & Gela had actual notice before the date of the amendment.
If we revise these Terms or its Privacy Policy and seeks your consent to be bound by such revised Terms or revised Privacy Policy and you do not agree to be bound by such revised Terms or revised Privacy Policy before using the Site again, then notwithstanding anything to the contrary, we reserve the right to terminate your Account and use of the Site.
If at any point you do not agree to any portion of the then-current version of our Terms, the Privacy Policy, or any other Qasmyr policy, rules or codes of conduct relating to your use of the Site, your license to use the Site shall immediately terminate, and you must immediately stop using the Site.
While we will use reasonable efforts to verify the accuracy of any information on the Site, we make no warranties, whether express or implied, regarding the accuracy of any information.
We make no warranty that this Site will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or bugs. You understand and agree that we will not be responsible or liable to you for any loss of Content or material uploaded or transmitted through this Site.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products available through this Site including but not limited to, fitness for a particular purpose. Nothing in these Terms shall limit your rights as a consumer under the laws of the State of New York.
You understand and agree that we are unable to guarantee the security or privacy of this Site. As a result, we cannot be responsible for any information provided to or taken from this Site by you.
You agree that, except for death and personal injury arising from our negligence, we will not be liable in contract, tort, pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with this contract, for any economic losses (including without limitation, loss of revenues, profits, contracts, or business), any loss of goodwill or reputation, or any special or indirect or consequential losses in any case whether or not such losses were incurred by that party arising out of or in connection with the provisions of any matter under these Terms.
DISCLAIMER OF WARRANTIES
SERVICE PROVIDED “AS IS”. YOU EXPRESSLY AGREE THAT USE OF OUR SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD THE SHORTER OF THIRTY (30) CALENDAR DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED).
NO WARRANTY OF ERROR-FREE OPERATION. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR OUR AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, SUPPLIERS, LICENSEES OR LICENSORS (COLLECTIVELY, “QASMYR”) WARRANT THAT OUR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
NO WARRANTY REGARDING ACCESS TO ACCOUNTS AND CONTENT. WE DO NOT GUARANTEE THAT ANY INDIVIDUAL OR ACCOUNT HOLDER WILL ALWAYS BE PREVENTED FROM VIEWING INFORMATION OR CONTENT THAT OUR SERVICE INTENDED TO NOT BE AVAILABLE TO SUCH INDIVIDUAL. WE DO NOT WARRANT THAT ALL CONTENT OR INFORMATION POSTED BY AN ACCOUNT HOLDER WILL REMAIN AVAILABLE AT ALL TIMES OR WILL NEVER BE DELETED, CORRUPTED OR OTHERWISE UNAVAILABLE. WE DO NOT WARRANT THAT OUR SITE, ACCOUNT HOLDER INFORMATION OR ANY INFORMATION POSTED BY AN ACCOUNT HOLDER WILL BE KEPT FROM ANY PARTICULAR INDIVIDUAL WHO EITHER HACKS OR ENGAGES IN ANY FORM OF UNAUTHORIZED ACCESS TO SUCH CONTENT OR INFORMATION OR IS MISTAKENLY GRANTED ACCESS BY US OR THROUGH OUR SITE.
LIMITATION OF LIABILITY
DISCLAIMER OF INDIRECT DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, OUR SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT THE QASMYR PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, OUR SERVICE.
NOT RESPONSIBLE FOR THIRD PARTY CONDUCT. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE QASMYR PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE QASMYR PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER ACCOUNT HOLDERS OR USERS OF OUR SITE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF OUR SITE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
MONETARY LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WILL THE QASMYR PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID US IN THE ONE HUNDRED AND EIGHTY (180) CALENDAR DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
FAILURE TO PAY. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID US ANY AMOUNTS IN THE ONE HUNDRED AND EIGHTY (180) CALENDAR DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO STOP USING OUR SITE AND TO CANCEL YOUR ACCOUNT.
DISCLAIMER MAY NOT BE APPLICABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THE SECTION MAY NOT APPLY TO YOU.
INDEMNIFICATION
At our request, you agree fully to defend, indemnify and hold harmless the Qasmyr Parties from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of these Terms by you or any other liabilities arising out of your use of our Site, or the use by any other persons accessing our Site using your Account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder. This defense and indemnification obligation will survive these Terms and your use of the Site.
DIGITAL MILLENNIUM COPYRIGHT ACT
If you are a copyright owner or an agent thereof and believe that any Content infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please contact our Copyright Agent as follows: info@qasmyr.com
GENERAL LEGAL TERMS
Confidentiality: You understand that we grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases.
Liability in the Event of Breach: You agree that you will comply with all of the provisions of these Terms. You understand that you are solely responsible for any breach of your obligations under these Terms and for the consequences of any such breach.
Rights Not Waived: You agree that if Qasmyr does not exercise or enforce any legal right or remedy which is contained in these Terms (or which Qasmyr has the benefit of under any applicable law), this will not be taken to be a formal waiver of Qasmyr’s rights and that those rights or remedies will still be available to Qasmyr.
Severability: If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from these Terms without affecting the rest of these Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
Governing Law: These Terms, and your relationship with Qasmyr under these Terms, shall be governed by the laws of the State of New York]. You and Qasmyr agree to submit to the exclusive jurisdiction of the State and Federal courts in Los Angeles, California, and waive any claim or defense of inconvenient forum or lack of personal jurisdiction in such forum under any applicable law or decision or otherwise.
Violation of Terms: If you become aware of any violations of these terms, please email info@qasmyr.com