June 30, 2015

Terms

Terms and Conditions

Version

These terms were last updated on 8 April 2015.

The most up-to-date version of these Terms and Conditions can be found at
http://www.qubular.com/termsofservice.html

Acceptance of Terms

Your access to and use of the Services outlined below, are subject exclusively to these Terms and Conditions. You will not use the Services for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Services you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Services.

Changes to Terms and Conditions

Qubular Software reserves the right to update or amend these Terms and Conditions at any time and your continued use of the Services following any changes shall be deemed to be your acceptance of such change. Updates to this policy will be posted on our website and via updates to the software.

The Services

Qubular Software may provide interactive gaming facilities and additional features such as email, bulletin boards, chat areas, news groups, forums and/or other message or communication facilities (“the Services”) designed to enable you to communicate with others. Unless stated otherwise the Services are for your personal and non-commercial use only.

Acceptable Use

You acknowledge that all information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials (“the Content”), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such Content originated.

Qubular Software does not control or endorse the Content and cannot guarantee the accuracy, integrity or quality of such Content and you acknowledge that by using the Services you may be exposed to Content that is offensive and/or indecent.

Qubular Software will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted via the Services and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.

In using the Services you agree not to:

  • use the Services to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;
  • post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
  • post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;
  • threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
  • use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;
  • make available or upload files that contain a virus, worm, trojan or corrupt data that may damage the operation of the computer or property of another;
  • collect or store personal information about others, including email addresses;
  • advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility specifically allows such messages;
  • impersonate any person or entity for the purpose of misleading others;
  • violate any applicable laws or regulations;
  • use the Services in any manner that could damage, disable, overburden or impair the Services or interfere with any other party’s use and enjoyment of the Services;
  • post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);
  • attempt to gain unauthorised access to any of the Services, other accounts, computer systems or networks connected to the Services through hacking, password mining or any other means.

Qubular Software has no obligation to monitor the Services but shall be entitled to review materials posted to a communications facility and, at its sole discretion, to remove any material that breaches these Terms and Conditions or is otherwise objectionable.

Privacy

Use of the Services is also governed by our Privacy Policy which is incorporated into these terms and conditions. To view the Privacy Policy, please click on the link above.

Termination

Qubular Software has the right to terminate your access to any or all of the Services at any time, without notice, for any reason, including without limitation, breach of these Terms and Conditions. Qubular Software may also at any time, at its sole discretion, discontinue the Services or any part thereof without prior notice and you agree that Qubular Software shall not be liable to you or any third party for any termination of your access to the Services.

Intellectual Property Rights

The Services and its content (including without limitation the design, text, graphics and all software and source codes connected with the Services) are protected by copyright, trade marks, patents and other intellectual property rights and laws. In accessing the Services you agree that you will access the contents solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder.

Qubular Software does not claim ownership of any materials you post, upload or submit to any publicly accessible area of the Services. However, by doing so you are granting Qubular Software a world-wide, royalty free, non-exclusive licence to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such Content for as long as you elect to display such Content via the Services. The licence shall be terminated when such Content is deleted from the Services.

Indemnity

You agree to indemnify and hold Qubular Software and its employees and agents harmless from and against any breach by you of these Terms and Conditions and any claim or demand brought against Qubular Software by any third party arising out of your use of the Services and/or any Content submitted, posted or transmitted through the Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by Qubular Software in consequence of your breach of these Terms and Conditions.

Disclaimers and Limitation of Liability

Use of the Services is at your own risk. The Services are provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

To the extent permitted by law, Qubular Software will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Services.

Qubular Software makes no warranty that the Services will meet your requirements, that the Content will be accurate or reliable, that the functionality of the Services will be uninterrupted or error free, that defects will be corrected or that the Services or the server that makes them available are free of viruses or anything else that may be harmful or destructive.

Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Qubular Software for death or personal injury as a result of the negligence of Qubular Software or that of its employees or agents.

Nothing in these Terms and Conditions shall affect your statutory rights as a consumer.

Severance

If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

Governing Law

This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.