QI Software Terms of Use

QI Software ("Company", "We") respects and values visitors to its websites, including qi.games and any related websites ("Website"). The Terms of Use on this page outline the relationship between the Company and you.

By using the Website, you agree to these Terms of Use. If you do not agree to these Terms of Use, do not use the Website. The Company may update these Terms of Use at any time, without notice. Please ensure you check these Terms of Use from time to time to stay aware of any changes. Your continued use of the Website indicates your acceptance of any changes to the current Terms of Use which replaces any prior version.

Content

  1. "User Content" means any content posted to, or otherwise provided to or through, the Website by a user not affiliated with the Company.
  2. You acknowledge and agree that:
    1. All Website content, including the selection, coordination, arrangement, and enhancement of all Website content but not including other third party content such as User Content, is copyright of the Company, who reserves all rights;
    2. The Company owns the following trademarks: "Dead Matter" and its associated logo, and no right to use these marks is granted;
    3. The Company permits access to content that is protected by copyrights, trademarks, and other intellectual or other property rights;
    4. The Company has no control over, and no liability for, links to third party websites;
    5. The Company has no obligation to ensure Website content is updated or accurate;
    6. The Company has no liability for, and no responsibility to remove, any third party content or User Content; and
    7. Except as explicitly provided otherwise, this Agreement, applicable copyright, and other laws govern your use of Website content.
  3. You:
    1. grant to the Company the approval to aggregate usage statistics and use anonymized or aggregated data from your use of the Website for marketing, billing, and other business purposes, and all property rights to any feedback and information provided;
    2. waive all moral rights over your User Content;
    3. agree that the Company may license, sublicense, and/or transfer the above rights to others; and
    4. agree that your User Content does not and will not contain any material to which you do not have rights to provide the above grants.
  4. You may not copy, redistribute, use, or publish the Website or its content in any way or for any reason not expressly provided for in these Terms of Use.
  5. The Company may in its sole discretion and for any reason regulate, edit, delete, modify, or update any Website content including your User Content. However, the Company has no obligation to do so, or to otherwise moderate any Website content including any User Content.

User Access

  1. You understand that you are responsible for your own negotiation's security, and agree that you share your credentials at your own risk.
  2. You agree that the Company may terminate user access or discontinue any part of the Website at any time, at its sole discretion, and for any reason.

Fair Use

  1. The Company limits the sharing of any personal information you provide. The Company does not sell your personal information, or provide it to marketers.
  2. You agree to use the Website only for lawful purposes. Without limiting this obligation, you agree that in connection with your use of the Website you will not:
    1. restrict or inhibit anyone from using the Website, including by placing an unreasonably large load on the Company's infrastructure;
    2. use any device, software, or technique to interfere or attempt to interfere with the Website's operation;
    3. post, transmit, or promote any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially objectionable, ethnically objectionable, or otherwise objectionable;
    4. harass, threaten, embarrass, or cause distress, unwanted attention, or discomfort to another user of the Website or other person or entity;
    5. post, transmit, promote, link, distribute, or facilitate the distribution of sexually explicit or offensive material;
    6. upload files to the Website that contain material protected by intellectual property laws or other applicable laws unless you own or control the rights thereto or have received all necessary consents;
    7. upload anything intended or likely to harm or damage the operation of a computer or computer system, including corrupted files or viruses;
    8. post or transmit, or cause to be posted or transmitted, chain letters or pyramid schemes;
    9. post or transmit, or cause to be posted or transmitted, any unsolicited advertising, promotional materials, or other forms of solicitation;
    10. collect or harvest information from the Website without permission;
    11. falsify the origin or source of software or other material contained in a file that is uploaded;
    12. violate any operating rule, policy, or guideline of the Website;
    13. violate any applicable law, whether provincial, municipal, local, state, national, international, or foreign (including rules and regulations), whether intentionally or unintentionally; or
    14. modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any content, information, software, products, or services obtained from the Website.

Disclaimer

  1. In this section, and under "Indemnity" (below), the Company includes its partners, employees, affiliates, and successors.
  2. THE COMPANY IS NOT LIABLE FOR ANY ACTION OR INACTION BY THE COMPANY IN CONNECTION WITH THE WEBSITE OR THESE TERMS OF USE.
  3. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR PERSONAL USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, THE COMPANY'S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. THE COMPANY DOES NOT ENDORSE, WARRANT, OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE OFFERED THROUGH THE WEBSITE, EXCEPT AS EXPRESSLY PROVIDED ELSEWHERE, AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES OR OTHER USERS OF THE WEBSITE.
  4. THE COMPANY'S MAXIMUM LIABILITY IN CONNECTION WITH YOUR USE OF THE WEBSITE IS THE GREATER OF
    1. $50 CANADIAN DOLLARS; and
    2. THE FEES ACTUALLY PAID TO THE COMPANY FOR YOUR USE OF THE WEBSITE IN THE TWO MONTHS PROCEEDING ANY EVENT GIVING RISE TO LIABILITY, UP TO A MAXIMUM OF $500 CANADIAN DOLLARS.

Indemnity

  1. You agree to indemnify, defend, and hold THE COMPANY harmless from any and all liabilities, losses, claims, and expenses, including attorney fees, related to your violation of these terms of use or your use of the Website.

Survival

  1. All obligations and rights, including but not limited to your grant of rights with respect to User Content, created during the term of these Terms of Use along with sections 2-3 and 9-22 survive the termination of these Terms of Use.

Severability

  1. In the event that any provision of these Terms of Use is found to be unenforceable by a court of competent jurisdiction, such finding will not affect any other provision of these Terms of Use. If any provision of these Terms of Use is so broad as to be unenforceable, such provision will be interpreted to be only so broad as is enforceable.

Waiver

  1. The waiver by the Company of any provision of these Terms of Use does not waive any subsequent breach or violation.

Sole Agreement

  1. These Terms of Use constitute the entire agreement between the Company and you pertaining to the Website, and supersedes all prior representations, discussions, or agreements.

Modification of Agreement

  1. These Terms of Use may only be modified by the Company, by posting revised Terms of Use on the Website.

Term

  1. These Terms of Use may be terminated by either the Company or you at any time, for any reason, with or without cause or notice. If the Terms of Use are terminated, you agree to cease all use of the Website and, on the Company's request, return all information in your possession relating to the Website to the Company.

Assignment

  1. The Company may assign its rights and obligations hereunder to any person.

Headings

  1. The headings in these Terms of Use are for convenience only and are not to be construed in any way as additions or limitations of these Terms of Use.

Governing Law

  1. These Terms of Use shall be treated as though there were executed and performed in Calgary, Alberta, Canada. These Terms of Use, their application, and their interpretation are governed exclusively by the laws of Alberta and the federal laws of Canada applicable therein, without reference to conflicts of laws principles. You attorn to the courts of Calgary, Alberta, Canada with respect to any dispute which may arise between you and the Company.