Terms of Service
由 Quetta Networks 法律團隊更新:2023年12月12日
Welcome to the services operated by Quetta Networks Limited (with its affiliates, “QUETTA”) consisting of, its network of websites, software applications, or any other products or services offered by QUETTA (the “Quetta Services”). Other services provided by QUETTA may be subject to separate terms.
We’re thrilled to have you on board! Before we get started, please take a moment to review our Terms of Service. THIS IS A BINDING CONTRACT. They’re designed to protect both you and us, and we want to make sure you feel comfortable and confident in our services.
Your Agreement to these Terms of Service
When using the online Services, the User shall be subject to any additional posted guidelines or rules applicable to specific services and features that may be posted online by Quetta from time to time (the “Guidelines”). All such terms and guidelines are incorporated into these terms of use by reference.
You can accept the Terms by accessing or using our Services. You understand and agree that we will treat your access or use of the Services as acceptance of the Terms from that point onwards. If you do not want to agree to these Terms or the privacy policy, you must not access or use the Quetta Services.
You understand and acknowledge that when using the Quetta Services, you will be exposed to content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content.
You further understand and acknowledge that you may be exposed to content that is inaccurate, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Quetta Services with respect thereto, and agree to indemnify and hold the Quetta Services, their site operator, their parent corporation, their respective affiliates, licensors, service providers, officers, directors, employees, agents, successors and assigns, harmless to the fullest extent allowed by law regarding all matters related to your use of the Quetta Services.
We do not do business with individuals or entities in Cuba, Iran, North Korea, Sudan, Syria, the Crimean region, DNR and LNR. If you are from such regions, you may be prohibited from using the Quetta Services.
We amend these Terms from time to time, for instance when we update the functionality of our Services, when we combine multiple apps or services operated by us or our affiliates into a single combined service or app, or when there are regulatory changes. We will use commercially reasonable efforts to generally notify all users of any material changes to these Terms, such as through a notice on our Platform, however, you should look at the Terms regularly to check for such changes. We will also update the “Effective Date” date at the top of these Terms, which reflect the effective date of such Terms. Your continued access or use of the Services after the date of the new Terms constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop accessing or using the Services.
Assessing Quetta Services
You agree to comply with and abide by the provisions of this Terms, the Guidelines, and all applicable national and local laws and regulations governing the use of the Quetta Services. The User shall not use the Quetta Services in any manner that causes harm, damage, losses, or interference to other users, third parties, and Quetta, or that adversely affects the operation of the Quetta Services.
Violation of any of the provisions of this Terms may result in termination of your access to the Quetta Services, without prejudice to any other remedies available to Quetta under this Terms, at law, or in equity.
Information about how we collect, use and disclose your personal information when you use Quetta can be found in our privacy policy.
Third-Party Websites
Notwithstanding anything to the contrary contained herein, Quetta disclaims any liability for damages, losses, or expenses (including but not limited to consequential damages, loss of profits, or punitive damages) resulting from or in connection with your use of, reliance upon, or interaction with any third-party website or resource to which a link is provided on the site or through the Quetta Services, regardless of whether such damages arise from claims based on breach of contract, tort, strict liability, or otherwise.
By using the Quetta Services, you acknowledges and agrees that Quetta has no control over the accessibility, accuracy, timeliness, completeness, or fitness for a particular purpose of any third-party website or resource, and that Quetta shall not be responsible for any errors, omissions, interruptions, deletions, defects, viruses, worms, trojan horses, or other malicious code that may be present on or transmitted via such third-party websites or resources.
You further acknowledge and agree that Quetta shall not be liable for any damage or loss caused or alleged to be caused by or in connection with your use of, reliance upon, or interaction with any third-party website or resource, including without limitation, any damage or loss resulting from hacking, tampering, unauthorized access, data breaches, or other security intrusions.
Intellectual Property Rights
QUETTA respects the intellectual property of others and follows the requirements set forth in the relevant applicable laws. If you are a copyright owner or agent thereof and believe that content posted on the Quetta Services infringes upon your copyright, you may submit a notification to Quetta in which you provide the following information:
a. identification of the rights / works that are being infringed upon;
b. identification of the content that is infringing your rights (including URL(s) for the content);
c. your name, address, telephone number, and electronic mail address;
d. a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by the rights holder, its agent, or the law;
e. 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; and
f. your physical or electronic signature, or that of a person authorized to act on your behalf, of the owner of an exclusive right that is allegedly infringed.
Notices may be sent to submit a notice to us at support@quetta.net.
Trademark and License
We and our associated logos and names are our trademarks and/or service marks. Other trademarks, service marks, names and logos used on or through the Quetta Services, such as trademarks, service marks, names or logos associated with third party content creators, are the trademarks, service marks or logos of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks, service marks or logos.
The websites and certain materials available on or through the Quetta Services are content we own, authored, created, purchased, or licensed (collectively, our “Works”). Our Works may be protected by copyright, trademark, patent, trade secret and/or other laws, and we reserve and retain all rights in our Works and Quetta Services.
Unless otherwise expressly stated in writing by Quetta Services, by agreeing to these terms of use you are granted a limited, revocable, non-sublicensable, and non-exclusive license (i.e. a personal and limited right) to access and use the Quetta Services for your personal use or internal business use only. You are prohibited from copying, displaying, downloading, modifying, reproducing, adapting, translating, decompiling, reverse engineering, disassembling, attempting to derive source code from, or creating any derivative works of any Works, or directly or indirectly published, performed, rewritten or republished any Works without prior written consent from us.
The above-described license is conditioned on your compliance with these terms of use. If you breach any provision of these terms of use, any license you have obtained will be automatically rescinded and terminated. In order to protect our rights some content made available on the Quetta Services may be controlled by digital rights management technologies, which will restrict how you may use the content. You must not circumvent, remove, delete, disable, alter or otherwise interfere with any digital rights management technology.
Indemnification
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Quetta Services, their site operator, their parent corporation, their respective affiliates, licensors, service providers, officers, directors, employees, agents, successors and assigns from and against any and all claims, damages, judgments, awards, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Quetta Services; (ii) your violation of any term of these terms of use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) your violation of any applicable law, rule or regulation; (v) UGC that is submitted via your account including misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any claim that your UGC caused damage to a third party. This defense and indemnification obligation will survive these terms of use and your use of the Quetta Services. You agree that we shall have the sole right and obligation to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.
Disclaimers
You use the Quetta Services at your sole risk. We provide the Quetta Services “as is” and “as available”. To the fullest extent permitted by law, Quetta Services, their site operator and their respective officers, directors, employees, and agents expressly disclaim all warranties of any kind related to the Quetta Services and goods or services purchased and obtained through the Quetta Services, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You will be solely responsible for any damage to your computer system or loss of data that results from your use of the Quetta Services.
We make no warranty or representation about the accuracy or completeness of Quetta Services’ content or the content of any sites linked to Quetta Services or that the Quetta Services will meet your requirements and assume no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the websites or our services, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Quetta Services or our services by any third party, and/or (v) any errors or omissions in any UGC or for any loss or damage of any kind incurred as a result of the use of any UGC posted, emailed, transmitted, or otherwise made available via the Quetta Services or our services; and (vi) disputes between you and another user of the Quetta Services.
Limitation on Time to File Claims
REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE Quetta SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Limitation of Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, QUETTA’S CUMULATIVE LIABILITY TO YOU ARISING FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE CHARGES (IF ANY) PAID BY YOU. IF NO AMOUNTS WERE PAID, YOU SHALL NOT BE ENTITLED TO ANY MONETARY OR EQUIVALENT REMEDY.
IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, STATUTORY, EXEMPLARY, EXPECTATION, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFIT, LOSS OF GOODWILL, INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER FINANCIAL LOSS) IN ASSOCIATION WITH ANY INDIVIDUAL OR CLASS-ACTION CLAIM, OR ANY LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING RELATING TO OR ARISING UNDER OR OUT OF THE TERMS OF USE, EVEN IF WE HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS FOUNDED UPON CONTRACT, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, TORT, NEGLIGENCE OR OTHER GROUNDS.
YOU SPECIFICALLY ACKNOWLEDGE THAT THE Quetta SERVICES SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS.
Choice of Law and Disputes Resolution
These terms of shall be governed by and construed in accordance with the laws of United Kingdom, without regard to choice of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these General Terms.
Should a dispute arise between the parties in connection with these terms of use, the parties shall attempt to resolve such dispute through friendly consultations between themselves.
If, however, the dispute cannot be resolved within thirty (30) days after commencement of such friendly consultations, then the parties agree that such dispute shall be submitted to The London Court of International Arbitration in accordance with its arbitration rules in force at the time of applying for arbitration. The seat of arbitration shall be London. The arbitration shall be resolved by a sole arbitrator. The language of arbitration shall be English. The arbitral award shall be final and binding on both parties.
Without prejudice to any rules of confidentiality or equivalent in the applicable arbitration rules, the parties shall keep confidential all information relating to the arbitration, including without limitation, the existence of arbitration proceedings (or the possibility thereof), the proceedings themselves, all statements given or made during the course of the proceedings, all documents and other information submitted by parties in connection with the proceedings, all documents and other information issued by the arbitrator and/or the arbitration center and the arbitral award.
Miscellaneous
If we fail to exercise or enforce any right or provision of these terms of use, it will not constitute a waiver of such right or provision. Any waiver of any provision of these terms of use will be effective only if in writing and signed by the relevant party.
If any provision of these terms of use is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these terms of use to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
These terms of use and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by QUETTA without restriction. Any assignment attempted to be made in violation of this terms of use shall be void.
Upon termination of these terms of use, any provision which, by its nature or express terms should survive, will survive such termination or expiration.
The terms of use, our privacy policy and any documents that expressly incorporate by reference constitute the sole and entire agreement between you and us with respect to the Quetta Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Quetta Services.
The headings in these terms of use are for convenience only and have no legal or contractual effect.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these terms of use.
We may terminate these terms of use for any or no reason at any time by notifying you through a notice on the Quetta Services, by email, or by any other method of communication. Any such termination will be without prejudice to our rights, remedies, claims, or defenses hereunder.
Ability to Accept Terms of Use
YOU AFFIRM THAT YOU ARE AT LEAST 18 YEARS OF AGE OR THE AGE OF MAJORITY IN THE JURISDICTION YOU ARE ACCESSING THE QUETTA SERVICES FROM, AND ARE FULLY ABLE AND COMPETENT TO ENTER INTO THE TERMS, CONDITIONS, OBLIGATIONS, AFFIRMATIONS, REPRESENTATIONS, AND WARRANTIES SET FORTH IN THESE TERMS OF USE, AND TO ABIDE BY AND COMPLY WITH THESE TERMS OF USE. IF YOU ARE UNDER 18 OR THE APPLICABLE AGE OF MAJORITY, YOU MAY ONLY USE THE Quetta SERVICES UNDER THE SUPERVISION OF A PARENT OR LEGAL GUARDIAN WHO AGREES TO BE BOUND BY THESE TERMS OF USE.
The Quetta Services are operated by Quetta Networks Limited, with its registered office at Office Suite 29A, 23 Wharf Street, London, England, SE8 3GG.
If you have any feedback, comments, requests for technical support relating to the Quetta Services, please send to support@quetta.net.