Quepasa.com Terms of Use
Welcome to
Quepasa.com. Quepasa Corporation provides its Service to you conditioned upon
your acceptance, without modification, of these terms, conditions and notices
("Terms"). The Terms may be updated and modified by us from time to
time without notice to you. Your continued use of the
Service or the Site after any revision of these Terms constitutes your
acceptance of the revised Terms of Use. If
you do not agree to abide by these or any future Terms of Use, do not use or
access (or continue to use or access) the Service or the Site. It is your
responsibility to regularly check the Site to determine if there have been
changes to these Terms of Use and to review such changes. You
can review the most current version of the Terms at any time by clicking on
"Terms of Use" from anywhere on our Service. In addition, when using
particular Quepasa Services, you and Quepasa shall be subject to any posted
guidelines or rules applicable to such Services, which may be revised from time
to time. All such guidelines or rules
are hereby incorporated by reference in the Terms. BY ACCESSING, USING, OR
REGISTERING FOR QUEPASA.COM, YOU CERTIFY THAT YOU HAVE READ, UNDERSTAND, AND
AGREE TO BE BOUND BY THE TERMS OF THIS USER AGREEMENT AS IT EXISTS AT THE TIME
OF YOUR INITIAL OR SUBSEQUENT ACCESS, USE AND/OR REGISTRATION. IF YOU DO NOT
WISH TO BE BOUND BY THIS USER AGREEMENT, DO NOT ACCESS, REGISTER FOR, OR USE
QUEPASA.COM.
1.
Description
of Service. Quepasa provides registered users
with access to a large collection of online resources including but not limited
to: content, news, online search capabilities, email, chat, blogs, message
boards, maps, personalized web pages, ringtones, games, graphics, mobile media,
customization features, shopping services and Streaming videos
("Streaming" and its formatives include a method of viewing videos in
real time without allowing the videos to be (i) stored permanently to a user’s
hard drive, (ii) copied, or (iii) retransmitted) (collectively, the "Services"). Unless explicitly
stated otherwise, any new features that augment or enhance the Services and/or
that are offered on Quepasa.com and related and associated websites and web
pages ("Quepasa’s Website") shall be subject to the terms, conditions
and notices contained in these Terms regardless of whether the Terms are
updated to explicitly reflect such new features. As set forth in more detail below, you
understand that the Services are provided "AS IS"; and that Quepasa
assumes no responsibility for the accuracy, timeliness, deletion, misdelivery
of any information or for the failure to store any user communications or
customization settings.
2.
Access to the
Service. Quepasa is providing you with the right to use the Services
without charge (with the exception of ringtones and other mobile media as set
forth in the Quepasa Mobile Entertainment Terms and Conditions),
provided, however, that Quepasa reserves the right to start or continue to
charge for some or all of the Services, in which case Quepasa will clearly
indicate this change and the charges to be applied when you use the Service.
You are responsible for providing all equipment necessary to establish a
connection to the Internet and any telephone or other connection and service
fees associated with Internet access or telephone service.
3.
Eligibility
for Membership. The Service is intended solely for users who are thirteen
(13) years of age or older. By using or registering for the Quepasa
Services, you represent and warrant that:
(a) all registration information
you submit is truthful and accurate; (b) you will maintain the accuracy of such
information; (c) you are 13 years of age or older; and (d) your use of Quepasa
does not violate any applicable law or regulation. Your profile may
be deleted and your Membership may be terminated without warning, if we believe
that you are under the age of 13, that you have entered inaccurate or
untruthful information, or that you have violated any of the Terms or Policies
of the Site or the Service. If
you cannot comply with the Terms, please do not use the Service. Quepasa may
ban the use of the Service or any part of the Service by any person or entity
at any time at Quepasa's sole discretion.
4.
Registration
Obligations. In consideration of your membership
in the Service, you agree: (a) to provide true, accurate, current and complete
information about yourself as prompted by the Service’s registration form (the
"Registration Information"); (b) to maintain and promptly update the
Registration Information to keep it true, accurate and complete; and (c) that
you will not use the Service for any purpose that is unlawful or prohibited by
the Terms. If you provide any information that is untrue, inaccurate, not
current or incomplete, or if Quepasa has reasonable grounds to suspect that
such information is untrue, inaccurate, not current or incomplete, Quepasa has
the right to suspend or terminate your account and refuse any and all current
or future use of the Service (or any portion thereof). See Quepasa’s Privacy
Policy (which is incorporated herein by reference and to which you also
agree when you agree to this Terms) regarding the use and protection of your
personal information.
5.
Account and
Password Security. You will select a password and
account designation upon completing the Service’s membership registration
process. You agree to: (i) immediately notify Quepasa of any unauthorized use
of your password or account or any breach of security and (ii) ensure that you
fully logout and exit from your account at the end of each session. Quepasa
cannot and will not be liable for any loss or damage arising from your failure
to comply with this provision.
6.
Member
Conduct.
A. You are responsible for maintaining the confidentiality of
your password and accuracy of your account information and Registration Information,
and are fully responsible for all activities which occur under your password or
account.
B. You agree to be solely responsible for your comments,
videos, data, and other submissions under our Content Submission Policy
(see below).
C. You acknowledge that Quepasa cannot pre-screen all User
Content (as defined in the Content Submission Policy) before it is posted on
the site, but that Quepasa and its designees shall have the right (but not the
obligation) in their sole discretion to refuse, delete, edit or move any User
Content that is available via the Service. You agree that you must evaluate,
and bear all risks associated with, the use of any User Content, including any
reliance on the accuracy, completeness, or usefulness of such User Content. In
this regard, you acknowledge that you may not rely on any User Content created
by Quepasa, submitted to Quepasa, or posted on Quepasa’s Website.
D. Caution! Receiving
files from third parties, via any application (i.e., email) may be harmful.
Before receiving any files from any user, even if the account from which the
file transfer notice is sent looks familiar to you, it is strongly recommended
that you verify that the person sending you these files is indeed the person
you think he or she is, by, for example, asking for some kind of information
known only to the two of you. Please make sure not to accept files from users
you do not trust, from users you are not sure they are whom they say they are,
or whenever you are not sure you want to accept the files.
E. Illegal and/or unauthorized use of the Quepasa
Services, including collecting usernames, user id numbers, and/or email
addresses of Members by electronic or other means for the purpose of: (i)
sending unsolicited email; (ii) unauthorized framing of or linking to the
Quepasa Website; or (iii) employing third party promotional sites or software
to promote profiles for money, is prohibited.
Commercial advertisements, affiliate links, and other forms of unauthorized
solicitation may be removed from Member profiles without notice or explanation
and may result in termination of Membership privileges. Quepasa reserves the right to take
appropriate legal action for any
illegal or unauthorized use of the Quepasa Services.
F. You may not impersonate or
attempt to impersonate another Member, person or entity. You may not use the account, username,
or password of another Member at any time or disclose your password to any
third party or permitting any third party to access your account. You may not sell or otherwise transfer your
Member account or profile.
7.
Content. It is solely your responsibility to evaluate the accuracy,
completeness, and usefulness of all opinions, advice, services, and other
information provided through the Service. Quepasa does not endorse or guaranty
the reliability, accuracy, or quality of any information, goods, services, or
products displayed or advertised on the Service. Any items purchased or
obtained by any User through the Service is done at the User's sole risk. Any
content within the Service related to business, finance and/or securities
matters and the like contained on the Service is provided for informational
purposes only, and no content included in the Service is intended for trading
or investing purposes. Quepasa shall not be responsible or liable for the
accuracy, usefulness or availability of any information transmitted via the
Service, and shall not be responsible or liable for any trading, investment or
other decisions made based on such information.
8.
Content
Submission Policy. If you are a copyright owner and
believe that content on Quepasa’s Service infringes upon your copyright, you
may submit a notification pursuant to the Digital Millennium Copyright
Act ("DCMA"). Quepasa’s DMCA Policy is outlined below within
these Terms.
By submitting any User Content, as defined below, to be
uploaded, you agree to the following terms and conditions for submission of the
User Content:
A. You understand and agree that all information, data, text,
software, music, sound, photographs, images, graphics, videos, messages,
content or other materials submitted by users of the Services ("User
Content"), whether publicly posted or privately transmitted, are the sole
responsibility of the person from which such User Content originated. In other
words, you, and not Quepasa, are entirely responsible for all User Content that
you upload, download, post, email or otherwise transmit via the Service. While
Quepasa may remove objectionable and/or illegal User Content or other content if
Quepasa becomes aware of such content, Quepasa does not control the posting of
User Content via the Service and, as such, does not guarantee the accuracy,
integrity or quality of such User Content. You understand that by using the
Service, you may be exposed to User Content that is offensive, indecent or
objectionable. Under no circumstances will Quepasa be liable in any way for any
User Content, including, but not limited to, any errors or omissions in any
User Content, or any loss or damage of any kind incurred as a result of any
User Content posted, emailed, or otherwise transmitted to you via the Service.
B. You agree not to use the Service to:
(1) upload, download, post, email or
otherwise transmit any User Content that is unlawful, harmful, threatening,
abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive
of another’s privacy, hateful, or racially, ethnically or otherwise objectionable in
Quepasa’s sole judgment;
(2) harm minors in any way or solicit
personal information from anyone under the age of 18;
(3) impersonate any person or
entity, including, but not limited to, a Quepasa official, forum leader, guide
or host, or falsely state or otherwise misrepresent your affiliation with a
person or entity;
(4) forge headers or otherwise
manipulate identifiers in order to disguise the origin of any User Content
transmitted through the Service;
(5) upload, download, post, email or
otherwise transmit any User Content that you do not have a right to transmit
under any law or under any contractual or fiduciary relationships (such as
inside information, proprietary and confidential information learned or
disclosed as part of employment relationships or under nondisclosure
agreements);
(6) upload, download, post, email or
otherwise transmit any User Content that infringes any patent, trademark, trade
secret, copyright or other proprietary rights of any party;
(7) upload, download, post, email or
otherwise transmit any unsolicited or unauthorized advertising, or promotional
materials, or any other form of solicitation, except in those areas (such as
shopping rooms) that are designated for that purpose;
(8)upload, download, post, email or
otherwise transmit any unsolicited or unauthorized advertising, or promotional
materials, or any other form of solicitation, instant messages, texts, "junk
mail," "spam," "chain letters," "pyramid
schemes," or any other similar form of solicitation;
(9) upload, download, post, email or
otherwise transmit any material that contains software viruses or any other
computer code, files or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or telecommunications
equipment;
(10) disrupt the normal flow of dialogue, cause a screen to
"scroll" faster than other users of the Service are able to type, or
otherwise act in a manner that adversely affects other users’ ability to engage
in real time exchanges;
(11) interfere with or disrupt the
Service or servers or networks connected to the Service, or disobey any
requirements, procedures, policies or regulations of networks connected to the
Service, including without limitation by using an automated process that is
capable of performing a greater number of interactions with the Services over a
given time period than a human of normal capabilities would be capable of
performing through a standard Internet browser during the same time period;
(12) violate any applicable local,
state, federal or international law, including, but not limited to, regulations
promulgated by the U.S. Securities and Exchange Commission, any rules of any
national or other securities exchange, including, but not limited to, the New
York Stock Exchange, the American Stock Exchange or the Neasden, and any
regulations having the force of law;
(13) "stalk", “bully” or
otherwise harass another;
(14) collect or store personal data
about others;
(15) encourage, facilitate, or
promote any illegal or otherwise unauthorized copying of any work protected by
copyright laws;
(16)
publicly post information that creates a privacy or security risk for
anyone; or
(17) conducting or engaging in any criminal or tortious activity, including child pornography,
fraud, trafficking in obscene material, drug dealing, gambling, harassment,
stalking, spamming, spimming, sending of viruses or other harmful files,
copyright infringement, patent infringement, or theft of trade secrets.
C. You acknowledge and agree that Quepasa may preserve and
disclose User Content if required to do so by law or believes that such
preservation or disclosure is reasonably necessary to: (1) comply with legal
process; (2) enforce the Terms; (3) respond to claims that any User Content
violates the rights of third parties; or (4) protect the rights, property, or
personal safety of Quepasa, its users and the public.
D. You understand and agree that the technical processing and
transmission of the Service, including your User Content, may involve: (1)
transmissions over various networks and (2) changes to your User Content to
conform and adapt to technical requirements of various networks or devices used
in providing the Service. With respect to all User Content you elect to post
for inclusion in publicly accessible areas of the Service, including photos,
videos, audio recordings, images, graphics, comments or other content, you
grant Quepasa a world-wide, royalty-free, perpetual, irrevocable, non-exclusive
and fully sub-licensable right and license to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, perform and
display such User Content (in whole or part) and/or to incorporate it in other
works in any form, media, or technology now known or later developed. You
represent and warrant that you own all right, title, and interest in and to the
User Content you submit, or that you have the licenses or other permissions
necessary to allow you to submit the User Content and to grant to Quepasa the
license specified in this paragraph. For purposes of this policy,
"publicly accessible areas of the Service" are those areas accessible
by the general public. You retain full ownership of your User Content subject
to the rights and restrictions set forth herein. Quepasa does not make any
representation or warranty with respect to the confidentiality of Member
Submissions.
9.
Accessing
User Content. You may only view, Stream, or
otherwise use ("Access") User Content for your personal,
non-commercial use. You may not use the User Content in any manner not provided
for in this Terms.
A. You may not download any User Content or other content
available through the Services (except that you may download certain ringtones,
games, graphics, and other mobile media to a mobile device in accordance with
and subject to the Quepasa Mobile Entertainment Terms and Conditions).
B. Although Quepasa uses reasonable efforts to ensure that
copyrighted User Content is not available on Quepasa’s Website without the
copyright holder’s consent, some unauthorized copyrighted User Content may
nonetheless be available. You agree not to Access such unauthorized User
Content, and you agree to notify Quepasa if you find such unauthorized User
Content on the Quepasa’s Website.
C. You agree not to Access the User Content in a manner not
provided for in this Terms. Specifically, you agree not to Access the User Content
for commercial purposes.
D. You agree that you will not attempt to circumvent any
security measures employed by the Services to protect the User Content or
regulate the manner the User Content is Accessed.
E. You agree that you will only Access videos on Quepasa’s
Website for your personal, non-commercial use, and that you will not download,
copy, deliver, transmit, retransmit or otherwise provide these videos to any
third party, except by providing a link to the videos that directs a user to
the videos’ location on Quepasa’s servers and/or on Quepasa’s Website. Quepasa
only allows users to Stream videos provided through the Services. You agree not
to use any software, hardware, or other means to copy or download the videos
while they are being Streamed to your computer.
10.
DMCA Policy. Please note that under 17 U.S.C. § 512(f) any person who
knowingly and materially misrepresents that material or an activity is
infringing may be subject to liability. Also, any person who knowingly misrepresents
material or an activity causing it to be removed by mistake or
misidentification may be subject to liability.
To file a
copyright infringement notice with Quepasa,
you must send a written communication that substantially includes the following
as outlined in 17 U.S.C. § 512(c)(3):
A. A physical or electronic signature of a person authorized to
act on behalf of the owner of an exclusive right that is allegedly infringed.
B. 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.
C. 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.
D. Information reasonably sufficient to permit the service
provider to contact the complaining party, such as an address, telephone
number, and, if available, an electronic mail address at which the complaining
party may be contacted.
E. A statement that the complaining party has 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.
F. A statement that the information in the notification is
accurate, and under penalty of perjury, that the complaining party is
authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed.
To file a
copyright infringement counter-notice with Quepasa you will need to send a written communication that
substantially includes the following as outlined in 17 U.S.C. § 512(g)(3):
A. A physical or electronic signature of the subscriber.
B. Identification of the material that has been removed or to
which access has been disabled and the location at which the material appeared
before it was removed or access to it was disabled.
C. A statement under penalty of perjury that the subscriber has
a good faith belief that the material was removed or disabled as a result of
mistake or misidentification of the material to be removed or disabled.
D. The subscriber’s name, address, and telephone number, and a
statement that the subscriber consents to the jurisdiction of Federal District
Court for the judicial district in which the address is located, or if the
subscriber’s address is outside of the United States, for any judicial district
in which the service provider may be found, and that the subscriber will accept
service of process from the person who provided notification under subsection
(c)(1)(C) or an agent of such person.
Any infringement
notices or counter-notice should be sent to:
Quepasa Copyright Agent
c/o Chief Executive Officer
Quepasa Corporation
224 Datura Street, Suite 1100
West Palm Beach, FL 33401
support@quepasacorp.com
11.
Proprietary
Rights. You agree that the Service and any
software, photographs, images, music, videos, and other works used in
connection with the Service may contain proprietary and confidential
information that may be protected by applicable intellectual property and other
laws, including intellectual property that is owned and/or licensed by and to
Quepasa. You further acknowledge and agree that content contained in sponsor
advertisements or information presented to you through the Service or
advertisers may be protected by copyrights, trademarks, service marks, patents
or other proprietary rights and laws. Except as expressly authorized by Quepasa
or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or
create derivative works based on the Service, in whole or in part. All content
of the Services, including User Content, is copyrighted and protected by international
copyright law. Quepasa makes no claims of ownership to User Content. Quepasa and Quepasa.com are just some of the
trademarks owned by Quepasa Corporation. Nothing contained in the Service
should be construed as granting, by implication or otherwise, any other
licenses not specifically disclosed herein or any license or right to use any
of the trademarks, logos, service and service marks without the written
permission of Quepasa, or such other party that may own them.
12.
No
Reproduction or Resale. You agree
not to reproduce, duplicate, copy, sell, resell or exploit for any commercial
purposes, any portion of the Service, use of the Service, or access to Service.
13.
Dealings with
Advertisers. You may choose to enter into
correspondence with or participate in promotions of advertisers on the Service
showing their products on the Service. Your correspondence or business dealings
with, or participation in promotions of, advertisers found on or through the
Service, including payment and delivery of related goods or services, and any
other terms, conditions, warranties or representations associated with such
dealings, are solely between you and such advertiser. You agree that Quepasa
shall not be responsible or liable for any loss or damage of any sort incurred
as the result of any such dealings or as the result of the presence of such
advertisers on the Service.
14.
Links to
Third Party Sites. Quepasa provides links to other web
sites or resources. Because Quepasa has no control over such sites and
resources, you acknowledge and agree that Quepasa is not responsible for the
availability of such external sites or resources, does not control the use of
or information gathered by such sites, and does not endorse and is not
responsible or liable for any content, advertising, products, policies or terms
of use, or other materials on or available from such sites or resources. You
further acknowledge and agree that Quepasa shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be caused
by or in connection with use or reliance on any such content, goods or services
available on or through any such site or resource.
15.
International
Use. Recognizing the global nature of
the Internet, you agree to comply with all local and international rules
regarding online conduct and acceptable User Content. Specifically, you agree
to comply with all applicable laws regarding the transmission of technical data
exported from the United States or the country in which you reside. No software,
User Content, or other content available through the Services may be downloaded
from the Service or otherwise exported from the United States in violation of
United States export laws.
16.
No Commercial
Use. You agree not to use the Services
for commercial purposes unless you receive prior written permission from
Quepasa. The following is a non-exhaustive list of prohibited commercial
purposes:
A. Selling any portion or aspect of the Services, User Content,
or other content offered through the Services.
B. Using any of the Services, User Content, or other content
offered through the Services to operate a website or business that competes
with Quepasa, Quepasa’s Website, and/or the Services.
C. Collecting information on Users of the Services for the
purpose of sending mass communications, advertising communications, or any
other type of unsolicited communications.
D. Selling advertising that is directed to the Services, User
Content, or other content offered through the Services.
E. Posting advertising information in connection with any
Services, User Content, or other content offered through the Services.
F. Downloading, copying, or otherwise gaining more access to
videos offered through the Services than you would have merely by Streaming the
videos, regardless of whether or not you sell, transmit or otherwise distribute
these unauthorized videos to a third party.
However, you may upload original videos you have created,
but you may not offer them for sale through the Services or offer any type of
advertising in connection with those videos.
17.
Indemnification.
You agree to indemnify and hold
Quepasa, its directors, officers, employees, agents, co-branders or other
partners harmless from any claim or demand, including reasonable attorneys’
fees, made by any third party due to or arising out of the User Content you
submit, post, upload, download, to or otherwise transmit through the Services,
your use of the Services, your connection to the Services, your violation of
the Terms, your infringement of any intellectual property or other right of any
other person or entity, and/or, to the fullest extent allowable by law,
regarding all matters related to your use of the Quepasa’s Website, the
Services, User Content, or other content offered through the Services. You
hereby waive any legal or equitable rights or remedies with respect to any such
claim or demand as set forth in the preceding sentence.
18.
User Disputes.
You are solely responsible for your interactions with other Quepasa
Users. Quepasa reserves the right, but
has no obligation, to become involved in any way with disputes between you and
other Users.
19. DISCLAIMERS. YOU
EXPRESSLY UNDERSTAND AND AGREE THAT:
A. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS
PROVIDED ON AN “AS IS” AND”AS
AVAILABLE” BASIS. WITH RESPECT TO THE SERVICE, QUEPASA 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, TITLE AND NON-INFRINGEMENT.
B. QUEPASA MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET
YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR
ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE
WILL BE ACCURATE OR RELIABLE; AND (iv) ANY ERRORS IN THE SERVICE’S SOFTWARE
WILL BE CORRECTED.
C. ANY MATERIAL, PRODUCTS OR SERVICES DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK
AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
D. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM QUEPASA OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THE USER AGREEMENT.
20. LIMITATION OF
LIABILITY; EXCLUSIONS. QUEPASA SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER,
RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICE, OR FOR COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (B) ANY GOODS OR SERVICES
PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO
THROUGH THE SERVICE; OR (C) UNAUTHORIZED ACCESS TO, OR ALTERATION OF A USER’S
TRANSMISSIONS OR DATA, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF QUEPASA HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, QUEPASA’S
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE
ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO
QUEPASA FOR THE QUESPASA SERVICES DURING THE TERM OF MEMBERSHIP. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS
MAY NOT APPLY TO YOU.
21. Disputes. By using the
Service you agree to submit any controversy or claim arising out of or relating
to the Terms to binding arbitration in West Palm Beach, Florida, in accordance
with the commercial arbitration rules of the American Arbitration Association.
Any such controversy or claim shall be arbitrated on an individual basis, and
shall not be consolidated in any arbitration with any controversy or claim of
any other party. Judgment on the arbitration award may be entered into any
court having jurisdiction thereof. Quepasa may seek any interim or preliminary
relief from a court of competent jurisdiction in West Palm Beach, Florida
necessary to protect the rights or property of Quepasa pending the completion
of arbitration.
Injunctive Relief.
You acknowledge that a violation or attempted violation of any of these Terms
will cause such damage to Quepasa as will be irreparable, the exact amount of which
would be difficult to ascertain and for which there is not adequate remedy at
law. Accordingly, you agree that Quepasa shall be entitled as a matter of right
to an injunction issued by any court of competent jurisdiction, restraining
such violation or attempted violation of these terms by you, your affiliates,
partners, or agents, as well as recover from you any and all costs and expenses
sustained or incurred by Quepasa in obtaining such an injunction, including,
without limitation, reasonable attorneys’ fees. You agree that no bond or other
security shall be required in connection with such injunction.
YOU AND QUEPASA AGREE THAT ANY CLAIM OR CONTROVERSY ARISING
OUT OF THIS USER AGREEMENT OR RELATED TO THE SERVICES, USER CONTENT, OR
QUEPASA’S WEBSITE MUST BE BROUGHT TO QUEPASA’S ATTENTION AT SUPPORT@QUEPASACORP.COM
WITHIN ONE YEAR AFTER THE CLAIM OR CONTROVERSY AROSE; OTHERWISE, SUCH CLAIM OR
CONTROVERSY IS PERMANENTLY WAIVED AND/OR BARRED.
22.
Governing
Law. The
Terms and the relationship between you and Quepasa shall be governed by and
construed in accordance with the laws of the State of Florida without regard to
its conflicts of law provisions.
23. Termination. You agree that Quepasa, in our sole discretion and with or
without notice, may terminate your password, account (or any part thereof) or
use of the Service (or any part thereof) for any reason, including, without
limitation, for lack of use or if Quepasa believes that you have violated or
acted inconsistently with the letter or spirit of the Terms. Quepasa may also
in its sole discretion and at any time discontinue providing the Service, or
any part thereof, with or without notice. You agree that any termination of
your access to the Service under any provision of the Terms may be effected
without prior notice, and acknowledge and agree that Quepasa may immediately
deactivate or delete your account and all related information and files in your
account and/or bar any further access to such files or the Service. Further,
you agree that Quepasa shall not be liable to you or any third-party for any
termination of your access to the Service. It is your responsibility to
maintain your own personal file on your own system of data, content, emails,
etc. that you deem important.
24. General Acknowledgments. You acknowledge that Quepasa may establish and/or revise
general practices and limits concerning use of the Service, including without
limitation the maximum number of days that email messages, message board postings
or other uploaded User Content will be retained by the Service, the maximum
number of email messages that may be sent from or received by an account on the
Service, the maximum size of any email message that may be sent from or
received by an account on the Service, the maximum disk space that will be
allotted on Quepasa’s servers on your behalf, and the maximum number of times
(and the maximum duration for which) you may access the Service in a given
period of time. You agree that Quepasa has no responsibility or liability for
the failure of the Service and the deletion of User Content or other content
maintained or transmitted by the Service. Quepasa reserves the right at any
time and from time to time to modify or discontinue, temporarily or permanently,
the Service (or any part thereof) with or without notice. You agree that
Quepasa shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service. You further acknowledge that
Quepasa reserves the right to change these general practices and limits at any
time, in our sole discretion, with or without notice.
YOU ARE ADVISED NOT TO USE OR RELY ON THE SERVICE AND
INFORMATION RELATED THERETO FOR "CONTENT SENSITIVE" OR "MISSION
CRITICAL" APPLICATIONS AND USE. "CONTENT SENSITIVE" MEANS ANY
INFORMATION OR DATA YOU DO NOT WISH TO BE FREELY ACCESSIBLE AND GENERALLY
AVAILABLE TO INTERNET USERS. "MISSION CRITICAL" APPLICATIONS AND USE
MEANS APPLICATIONS AND USE THAT MAY RESULT IN DAMAGE.
Waiver. Quepasa’s failure to exercise or enforce any right or
provision of the Terms shall not constitute a waiver of such right or provision
or any other right or provision unless acknowledged and agreed to by Quepasa in
writing.
Severability.
If any provision of the Terms is found by a court of competent jurisdiction to
be invalid or unenforceable, the parties nevertheless agree that the court
should endeavor to give effect to the parties’ intentions as reflected in such
provision, and, notwithstanding such finding, all other provisions of the Terms
shall remain in full force and effect.
Headings. The section
headings and sub-headings contained in the Terms are for convenience only and
have no legal or contractual effect.
Relationship.
Your use of this Service does not create a joint venture, partnership,
employment or agency relationship with Quepasa or any of our third party
providers.
If you have any questions regarding the Service or the Terms, please contact us at support@quepasacorp.com.