Terms of Use
Effective Date of Terms of
Use: March 21, 2024
These Terms of Use apply
to this website and any other website, application, or other online service
that links to these Terms of Use, including author websites and online
services, however accessed and/or used, that are operated or otherwise made
available by Qix - The BookMakers
LTD (collectively referred to as the “Sites”). QIX - THE BOOKMAKERS LTD (“QIX”,
“WE”, “US”, OR “OUR”) RESERVES THE RIGHT, AT OUR DISCRETION, TO CHANGE, MODIFY,
ADD, OR REMOVE PORTIONS OF THESE TERMS OF USE AT ANY TIME. PLEASE CHECK THESE
TERMS OF USE PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THE SITES
FOLLOWING THE POSTING OF CHANGES TO THESE TERMS OF USE WILL MEAN YOU ACCEPT
THOSE CHANGES. Additional terms and conditions may apply to the purchase of
products, such as shipping and return policies (e.g., https://www.qix.ink/faqs/).
This is a legal agreement
between you (“you” or “user”) and us and states the material terms and
conditions that govern your use of the Sites. This agreement, together with all
updates, supplements, additional terms, and all of QIX’s rules and policies
collectively constitute and shall be referred to as the “Agreement” between you
and QIX. BY ACCESSING THE SITES, YOU AGREE TO BE LEGALLY BOUND BY THIS
AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE AND CONDITIONS OF USE
STATED HEREIN, PLEASE IMMEDIATELY LEAVE THIS SITE.
Copyright and Ownership
The
websites are operated and owned by QIX along with its affiliates and vendors.
The content showcased, displayed, or sold on these websites, which includes
texts, graphics, photographs, images, animations, sounds, illustrations,
software, and other types of content (collectively referred to as the
"Content"), is the property of QIX, its licensors, vendors, or
content providers. The design and Content of the websites are protected by
copyright, moral rights, trade dress, trademark, and other intellectual property
laws. Each website should be used only for its intended purpose. Unless
otherwise stated in specific documents on the websites, you are permitted to
view, play, print, and download documents, audio, and video for personal,
informational, and non-commercial use only. You may not alter the materials and
you are prohibited from copying, distributing, transmitting, displaying,
performing, reproducing, publishing, licensing, creating derivative works from,
transferring, or selling any content on the websites. You must obtain
permission under applicable copyright laws before reusing any copyrighted
material available on the websites. The use of such material on any other
website or in a networked computer environment is forbidden. You must adhere to
all relevant local and international laws, statutes, ordinances, and
regulations in your use of the websites. The rights to the Sites, the Content,
and all associated rights shall remain the sole property of QIX and its
licensors unless explicitly agreed otherwise in writing. You must not remove
any copyright, trademark, or other proprietary notices from materials found on
the websites.
Site Access License
QIX
provides you with a limited, revocable, non-exclusive, and non-transferable
license to access and use the Sites and their Content for personal,
noncommercial purposes. This license does not permit downloading (except for
page caching or as specifically allowed by QIX or permitted by law) or
modifying any part of the Sites or their Content. The license does not extend
to any commercial use of the Sites or their Content, the collection and use of
any product listings, descriptions, or prices; any derivative use of the Sites
or their Content; downloading or copying of account information for another
merchant's benefit; or any use of data mining, robots, or similar data
extraction and gathering tools. The reproduction, duplication, copying, sale,
resale, visitation, or any other exploitation of the Sites or any part of the
Sites or their Content for commercial purposes without explicit prior written
consent from QIX is prohibited. You are also prohibited from framing or using
framing techniques to enclose any trademark, logo, or other proprietary
information (including images, text, page layout, or form) of QIX, its content
providers, or affiliates without express written consent. The use of meta tags
or any other "hidden text" utilizing QIX's name or trademarks without
express written consent is not allowed. Furthermore, you agree not to: (i) undertake any action that places, or may place, an
unreasonably large load on our infrastructure, as judged by us; (ii) interfere
with or attempt to interfere with the proper operation of the Sites or any
activities conducted on the Sites; or (iii) circumvent any measures we employ
to prevent or restrict access to the Sites. Any unauthorized use will
immediately terminate the permissions and/or licenses granted by us to you.
Corporate Identification & Trademarks
All
trademarks, service marks, and trade names used herein, including but not
limited to QIX's corporate names, logos, the names and designs of the Sites,
and any associated logos, are trademarks or registered trademarks of QIX or its
affiliates, partners, vendors, or licensors. You are prohibited from using,
copying, reproducing, republishing, uploading, posting, transmitting,
distributing, or modifying these trademarks in any manner, including for
advertising or publicity related to the distribution of materials on the Sites,
without the express prior written consent of QIX. The use of our trademarks on
any other website or networked computer environment is not permitted. You are
granted a limited, revocable, non-exclusive, non-transferable right to create a
link to any page of the Sites, provided the link does not portray us, our
content providers, our licensors, our affiliates, or our products or services
in a false, misleading, derogatory, or otherwise offensive manner. You may not
use any QIX logo or other proprietary graphic or trademark as part of the link
without express written permission. No rights or licenses are granted
explicitly hereunder, except as stated herein.
Links to Third Parties & No Endorsement
The
Sites provide links to websites controlled by third parties solely for your
convenience. These links do not constitute an endorsement by QIX of the linked
sites, nor do they imply any affiliation with, or endorsement by, the site
owners. QIX is not liable for the content or use of these linked sites, or for
any consequences arising from using these links. Additionally, the Sites may
include tools that allow you to sign in or register using your account
information from third-party services (e.g., Facebook, Twitter). These services
are independent from the Sites, and your use of them is governed by their
respective terms and policies.
You are
not permitted to use QIX’s name or any language, pictures, or symbols that
could, in QIX’s judgment, suggest QIX’s endorsement in any (i)
written or oral advertising or presentation, or (ii) brochure, newsletter,
book, or any other written material, without QIX's prior written consent.
Fees
QIX, or
its vendors or agents, will charge your credit card or an alternative payment
method for all costs related to products and services purchased on the Sites.
Charges will be applied at the time your item is shipped. Note that prices may
change between the time of pre-order and shipment. If you wish to cancel your
order, please contact our customer service at consumerservices@qix.ink.
By
providing credit card information to us or our vendors, you affirm that you are
the authorized holder of the credit card used for purchasing products and
services. Should legal measures become necessary to recover outstanding
balances, you agree to reimburse QIX and its vendors or agents for any expenses
incurred in collecting these amounts, including attorneys’ fees and other legal
costs. You are also responsible for acquiring and paying for the necessary
Internet and telecommunications services required to use the Sites.
Privacy Policy
The
collection and use of data, including the use of personal information, are
governed by QIX's Privacy Policy, which is incorporated by reference into and
forms a part of this Agreement.
User Submissions
When we
specifically invite or request submissions of user-generated content, such as
posts on forums, comments, or participation in online communities, we encourage
the public to submit their original content to QIX for consideration on the
Sites and any associated programs ("User Submissions"). The
intellectual property rights of User Submissions remain with the individual
user. By posting your content on the Sites, you grant QIX a non-exclusive,
perpetual, irrevocable, royalty-free, worldwide license that is fully paid-up
and fully sublicensable to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, perform, and display your content
(including your name, voice, and likeness as part of your User Submission) in
any form, globally in any existing or future media. This includes rights for
promotion, advertising, marketing, merchandising, publicity, and other
ancillary uses, with the unlimited right to sublicense these rights. We reserve
the right to refuse or remove User Submissions without notice and at our
discretion. All User Submissions are considered non-confidential, and QIX is
not obligated to maintain the confidentiality of any information included in
these submissions.
By
making a User Submission, you agree to adhere to the following rules:
- User
Submissions must not infringe upon any third party's intellectual property
rights. If your submission is not entirely your original work, you must secure
the necessary permissions from anyone who may have contributed to or hold
rights in the User Submission.
- User
Submissions must not violate anyone's rights to privacy or publicity. Necessary
permissions must be obtained from all individuals identified or implicated in
your submission, including those in photographs, and from parents or guardians
for minors, where applicable.
-
Submissions should pertain to the content on the Sites and aim to contribute
constructively to the community and discussions.
- Be
respectful in your submissions; content that is threatening, incites violence,
or includes hate speech or material that is racial, gender-biased, or
discriminatory in any other way is strictly prohibited. Content must not be
defamatory, indecent, obscene, pornographic, or sexually explicit.
- Do not
include any commercial content in your submissions. Solicitations for funds,
promotions for commercial entities, or other forms of commercial engagement
through your submissions are prohibited. It is also forbidden to solicit other
users to join commercial online services or organizations.
- Avoid
impersonating any person or entity, or misrepresenting your relationship with
any person or entity.
- Be
mindful that forums and other public areas of the Sites should not be used for
posting personal information like your full name, passwords, phone numbers,
addresses, email addresses, or other sensitive details.
All User
Submissions must comply with these guidelines and any additional instructions
provided on the Sites. The views expressed in User Submissions do not
necessarily reflect those of QIX or its affiliates, nor does QIX control or
endorse this content. QIX is not responsible for the accuracy or reliability of
User Submissions and assumes no liability for any actions taken based on
information found in these submissions. By using the Sites, you acknowledge and
accept the potential risks, including exposure to content you might find
offensive or dealing with minors, imposters, and international trade issues.
Removal of User Submissions
We will not monitor, edit,
or disclose the contents of a user's email unless it is necessary for the
routine maintenance of the Sites and its systems, or we are compelled by law or
believe in good faith that such action is required to: (1) adhere to legal
obligations or respond to legal processes served on QIX or the Sites; (2)
protect and defend the rights or property of QIX, the Sites, or their users; or
(3) act urgently to protect the safety of our visitors, the Sites, or the
public. Users are solely responsible for the content of their messages, and QIX
is not obligated to pre-screen any such content. However, we reserve the right,
at our sole discretion, to edit, refuse to post, or remove any material
submitted to or posted on the Sites. We may remove any material that violates
these terms or that we find otherwise objectionable, and we may deny access to
the Sites to any user who does not comply with these terms.
In addition to any legal
or equitable remedies, if we determine, at our sole discretion, that you have
or are likely to violate these prohibitions, we may take any necessary action
to rectify or prevent the violation, including, but not limited to, promptly
removing the offending materials from the Sites. We will cooperate fully with
any law enforcement authorities or court order or subpoena that requests or
directs us to disclose the identity of anyone posting such materials.
Account Registration and Security
If you choose to register
as a member on a Site, you may be assigned one or more usernames, passwords,
and accounts. As part of your registration, you agree to: (a) provide true,
accurate, current, and complete information about yourself as required by the
registration form (referred to as “Registration Data”); and (b) keep this
Registration Data up to date. If you submit any information that is false,
inaccurate, outdated, or incomplete, or if QIX suspects that your information
is false, inaccurate, outdated, or incomplete, QIX reserves the right to
suspend or terminate your account and deny you access to the Sites, either
currently or in the future. You are solely responsible for maintaining the
confidentiality and security of your password and account, as well as for all
activities that occur under your account. You must notify us immediately if you
become aware of any unauthorized use of your account or any other breach of
security. You are also responsible for implementing adequate security measures that
suit your use of the registration and the Sites. Under certain circumstances,
such as legal obligations or court orders, we may be required to disclose user
billing, account, content, or records, and other related information to third
parties.
Representations and Warranties
You are solely responsible
for your User Submissions, your registration, and the consequences of posting,
publishing, or participating on the Sites. Regarding User Submissions and your
use of the Sites, you affirm, represent, and warrant the following: (i) you are of legal contracting age (or have parental or
guardian consent for your User Submissions and use of the Sites), have the
right and authority to enter into this Agreement, and are fully able and
competent to meet the terms, conditions, and obligations herein; (ii) you have
secured all necessary consents, and hold all relevant copyright, patent,
trademark, trade secret, and other proprietary rights, or the requisite
licenses, to grant the licenses specified in this Agreement; (iii) where
applicable, you have obtained written consent from every identifiable
individual in your User Submission for the use of their name or likeness as
envisioned by the Sites and these Terms of Use, and each individual has
released you from any liability associated with such use; (iv) you have read,
understood, and agree to comply with the terms of this Agreement; (v) your User
Submissions and their use by QIX as outlined in these terms and on the Sites
will not violate any third-party rights, including intellectual property
rights, privacy rights, and publicity rights; (vi) your User Submissions will
not contain: (a) materially false or misleading statements that could damage
QIX or any third party; (b) unlawful, obscene, defamatory, libelous,
threatening, pornographic, harassing content or content that promotes illegal
activities, could result in civil liability or breaches any law; (c) commercial
solicitations or advertisements; or (d) impersonations of third parties, except
those that are evident and not in violation of these Terms of Use.
Termination
QIX
reserves the right to suspend or terminate a user's access to all or any part
of the Sites, including any user accounts, without notice, at its sole
discretion. Reasons for such action may include, but are not limited to, QIX's
belief that continued access would breach applicable laws or be detrimental to
the interests of QIX or another user. Upon termination, you will lose all
access to the Sites and their Content. Despite any suspension or termination of
your access, your obligations to QIX under these Terms of Use will remain in
effect.
Release
Should you find yourself
in a dispute with one or more users of the Sites, you absolve QIX (including
our officers, directors, agents, subsidiaries, joint ventures, and employees)
from any claims, demands, and damages (both actual and consequential) of every
kind and nature, whether known or unknown, anticipated or unanticipated,
declared or undeclared, that may arise from or are in any way related to such
disputes.
Disclaimer & Limitation of Liability
Your use of and browsing
of the Sites are at your own risk. EXCEPT AS OTHERWISE PROVIDED ABOVE,
EVERYTHING ON THE SITES, INCLUDING ANY PRODUCTS OR SERVICES OFFERED FOR SALE,
IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. QIX MAKES NO WARRANTIES OR
REPRESENTATIONS REGARDING THE INFORMATION OR CONTENT CONTAINED ON THE SITES,
AND SPECIFICALLY DISCLAIMS ANY WARRANTY AS TO THE SUITABILITY, RELIABILITY,
TIMELINESS OR ACCURACY OF THE INFORMATION OR CONTENT CONTAINED ON THE SITES FOR
ANY PURPOSE. QIX DOES NOT WARRANT THAT THE FUNCTIONALITIES CONTAINED IN THE
CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR
THAT THE SITES OR THE SERVER THAT MAKES SUCH CONTENT AVAILABLE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. QIX DOES NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENTS IN
THE SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
YOU (AND NOT QIX) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR
CORRECTION. TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES
SHALL QIX OR ANY OF ITS VENDORS BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE
USE OF OR INABILITY TO USE THE QIX SITES, INCLUDING BUT NOT LIMITED TO RELIANCE
BY A USER ON ANY INFORMATION OR CONTENT OBTAINED FROM QIX’S SITES THAT RESULT
FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS,
DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF
PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE,
THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO QIX’S RECORDS, PROGRAMS, OR
SERVICES, OR OTHERWISE. USER HEREBY ACKNOWLEDGES THAT THIS DISCLAIMER AND
LIMITATION OF LIABILITY SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES
AVAILABLE THROUGH THE SITES.
IN NO EVENT SHALL QIX OR
ANY AFFILIATED QIX ENTITY OR INDIVIDUAL, LICENSOR OR VENDOR BE LIABLE FOR ANY
INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF
YOUR ACCESS TO, OR USE OF, THE SITES OR THE CONTENT THEREON, WHETHER IN A
CONTRACT ACTION OR BASED ON NEGLIGENCE, OR OTHER TORT ACTION, OR ANY OTHER
CLAIM WHATSOEVER, EVEN IF QIX OR A QIX AUTHORIZED REPRESENTATIVE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT APPLICABLE LAW DOES
NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL QIX’S AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND
CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE) OR OTHERWISE ARISING OUT OF THE AGREEMENT AND YOUR USE OF THE SITES
AND THE CONTENT EXCEED THE AMOUNT PAID BY YOU FOR ANY CONTENT PURCHASED BY YOU
ON THE SITES OR THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITES.
Indemnification
You agree to defend,
indemnify, and hold harmless QIX, its branches, subsidiaries, affiliates,
successors, directors, officers, employees, service providers, and agents
against all liabilities, costs, and expenses, including reasonable attorneys'
fees, arising from any breach of these terms by you or associated with your use
of the Sites or the Internet, or from any message or information you place or
transmit on the Sites.
If you have registered as
a member of a Site, you are solely responsible for all activities that occur
under your account. You agree to indemnify, defend, and hold harmless the
aforementioned parties from any liabilities or expenses resulting from your use
or misuse of your account. You must promptly notify us of any unauthorized use
of your account or any other breach of security that you become aware of.
Force Majeure
Neither
QIX nor you shall be held liable for damages or for delays or failures in
performance resulting from events beyond their reasonable control, including,
but not limited to: natural disasters like fire and explosions; severe weather
conditions; acts of God; war; revolutions; civil disturbances; actions by
government or military authorities; laws, regulations, or orders from
governmental or legal entities; or labor issues such as strikes, slowdowns,
picketing, or boycotts. Additionally, neither party will be responsible for
delays caused by difficulties in obtaining raw materials, transportation
facilities, fuel or energy shortages, or the acts or omissions of other common
carriers.
Governing Law
The
Sites are operated and controlled by QIX in London, United Kingdom, unless
specified otherwise. The disclaimers, terms, and conditions of use are governed
by the laws of the State of New York. By using any of the Sites, you agree to
submit to the exclusive jurisdiction and venue of courts in London, United
Kingdom, for all disputes arising from or related to your use of the Sites. If
any part of these terms is found to be unenforceable, that part shall be
interpreted in accordance with applicable law as closely as possible to reflect
the original intentions of the parties, while the remaining terms shall
continue to be fully effective. The failure of QIX to insist on or enforce
strict performance of any provision of these Terms of Use does not constitute a
waiver of any provision or right.
Entire Agreement
This Agreement is the
entire agreement between the user and QIX and supersedes any prior
understandings or agreements (written or oral).
Copyright Complaints
QIX and its affiliates are
committed to respecting the intellectual property rights of others. If you
believe your work has been reproduced in a manner that constitutes copyright
infringement, please contact us at copyright@qix.ink.
Digital Copyright Act Notice Policy
In accordance with the
Digital Millennium Copyright Act, if you suspect that your copyrighted
materials have been infringed upon, please send an email or written notice to
our designated agent for infringement notices and include the following
information:
The electronic or physical
signature of the person authorized to represent the copyright owner.
1. A detailed description of
the copyrighted work that you claim has been infringed.
2. A description of where the
allegedly infringing material is located on the Sites.
3. Your contact details,
including address, telephone number, and email address.
4. A statement from you
indicating a good faith belief that the disputed use has not been authorized by
the copyright owner, its agent, or the law.
5. A declaration by you,
under penalty of perjury, confirming that the information in your notice is
accurate and that you are either the copyright owner or are authorized to act
on their behalf.
You can reach our
designated agent for copyright infringement claims at the following:
By mail: QIX - THE
BOOKMAKERS LTD, 128 CITY ROAD, LONDON, EC1V 2NX
By email:
copyright@qix.ink
Note: The provided contact details are solely for notifying QIX of potential copyright infringements. For other inquiries, such as technical assistance, customer service, email abuse, or piracy reports, please direct your communication to our customer service team via customerservice@qix.ink. While we strive to respond to all customer inquiries, responses cannot be guaranteed.