1. ACCEPTANCE OF TERMS
Q88.com provides a Questionnaire Generation System that enables subscribers to easily store and share their vessel data with others using Web browsers, e-mail clients, data transfer and FAX facilities (collectively, "Data Services"). Our provision of Data Services is subject to the following terms and conditions and any rules, guidelines or policies ("Terms of Service") that may be published from time to time by Q88.com. Please read them carefully. Your use of the Q88.com site presumes your acceptance of these terms (and incorporated policies). The Terms of Service constitute the entire agreement between you and Q88.com and govern your use of the Service, superceding any prior agreements between you and Q88.com. If you do not agree to these Terms of Service then please do not use this web site.
2. USER REGISTRATION, PASSWORD SECURITY
As a condition of using the Data Services, you agree to:
- provide true, accurate, current and complete information about yourself and your organization (the "Registration Information") as prompted by the forms;
- to maintain and promptly update the Registration Information to keep it true, accurate, current and complete. If Q88.com has reasonable grounds to believe that such information is untrue, inaccurate, not current or incomplete, Q88.com has the right to suspend or terminate your account, and refuse any and all current or future use of the Data Services.
- to notify Q88.com immediately of any unauthorized use of your or your organization's password or account --you are responsible for maintaining the confidentiality of that password.
3. PROVISION OF SERVICES - PAYMENTS AND CANCELLATIONS
Q88.com will provide subscriber Data Services per the "Fee Schedule," excluding all trial periods, where Data Services are provided at no-cost to the subscriber.
- All payments for services must be "pre-paid," including set-up fees and service renewal fees.
- Failure to pay, cancellation of payment, or the refusal of a financial institution to honor the payment instrument will result in the suspension or termination of a subscriber's account at the option of Q88.com. See suspension and termination.
4. ACCEPTABLE USE
You acknowledge that Q88.com has established an acceptable use policy and that your use of Q88.com makes you subject to that policy; please see our Acceptable Use Policy.
5. PRIVACY
Certain other data you provide to Q88.com or process through the Data Services is subject to our privacy policy. For more information, please see our Privacy Policy.
6. PROPRIETARY RIGHTS
The technology underlying Q88.com Data Services is owned by or licensed to Q88.com and/or its providers, and is protected by copyright law and other protection provided by law for intellectual property. The Q88.com name, service mark and other related trademarks and tradenames are proprietary to Q88.com or their respective owners. Q88.com reserves all rights not explicitly granted to subscribers and other users in this Agreement.
7. DISCLAIMER OF WARRANTIES
Q88.Com expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and noninfringement. Due to the "third party" nature of information provided via Q88.com's Data Services, Q88.com makes no warranties or representations about accuracy, sequence, timeliness or completeness of vessel data. You expressly understand and agree that your use of the Data Services is at your sole risk. The Data Services are provided on an "as is" and "as available" basis.
8. MODIFICATIONS TO SERVICE
Q88.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Data Services with or without notice. You agree that Q88.com shall not be liable to you or any third party for any modification to or discontinuance of the Service, beyond the recovery of unexpended user fees.
9. LIMITATION OF LIABILITY
Q88.com's Potential Liability for the provision of services is Limited. Although reasonable care is taken to ensure that Q88.com meets its obligations to its subscribers and other users, neither Q88.com nor any of its officers, directors, agents, subsidiaries, affiliates, employees, successors, assigns, content providers or service providers will be liable to you for any punitive, indirect, incidental, special or consequential damages arising out of use of the services, or inability to gain access to or use the services --beyond the amount of specific user fees paid to Q88.com. Q88.com will not be liable for any representations of material of web sites to which it links as part of the Data Services. Further, Q88.com will not be liable to you for any damage to your computer system or loss of data that results from your accessing and downloading data from this web site or any third party web site to which Q88.com provides a link. Because some jurisdictions within the United States do not allow the exclusion or certain warrantees or limitation of liability for consequential or incidental damages, the above limitation may not apply. In such instances, the respective liability of Q88.com, its employees, agents, successors, assigns, affiliates, and content or service providers is limited to the greatest extent permitted by such law.
10. SUSPENSION OR TERMINATION
You agree that Q88.com, in its sole discretion, may suspend or terminate your general-user access to Q88.com Data Services and/or your account subscriber access, if Q88.com believes that you have violated the Terms of Service. In the event subscriber access is terminated, Q88.com may remove and discard any subscriber content. Further, you agree that Q88.com shall not be liable to you or any third party for any suspension or termination of access to the Data Services.
11. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Q88.com from any loss, liability, claim, demand, damage, or expenses (including attorney's fees and court costs) asserted by any third party due to or arising from or in connection with:"
- the data/information you upload, submit, post, or transmit through the Data Services;
- your use of the Data Services;
- your connection to the Data Services;
- your violation of the Terms of Service, or
- your violation of the rights of another.
Q88.com reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.
12. GOVERNING LAWS AND LANGUAGE
The federal laws of the United States shall govern this agreement. The United States federal courts shall decide any dispute arising out of or in relation to this agreement that cannot be solved amicably. In the event of litigation of an issue arising from your use of this site, the Data Services or the Terms of Service, you agree that such action be filed only in a federal court located within Connecticut, United States and you hereby submit to the personal jurisdiction or such court for the purposes of litigating such issue and waive such claims as inconvenient forum, improper venue or similar claims.
It is the express wish of the parties that the Terms of Service and all related documents have been drawn up in English.
13. NOTICE
Notices may be provided to you by e-mail or courier service. Q88.com may also provide indirect notice of changes to the Terms of Service or other matters by displaying notices or links to notices to you generally on the Service.
If you have any questions about anything in this Terms of Service Policy, Contact Us.
The Q88.com Terms of Service document was last revised Jul 26th, 2006. |