Quechup.com Conditions of Use and Disclaimer
Quechup.com's website has been made available to you subject to your compliance
with the terms and conditions set forth below (the "Conditions of Use").
This Agreement sets out the legally binding terms of your use of the Website and your membership in the Service and may be modified by Quechup.com from time to time, such modifications to be effective upon posting by Quechup.com on the Website. This Agreement includes Quechup.com's Acceptable Use Policy for Content Posted on the Website, Quechup.com's Privacy Policy, and any notices regarding the Website. Please read this document carefully before accessing or using the Quechup.com website.
If you do not wish to be bound by the Conditions of Use, you may not access
or use the website.
- Eligibility. You must be sixteen (16) or over years old to register as a member of Quechup.com or use the Website. Membership in the Service is void where prohibited. By using the Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
- Term. This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions on the Resign pages in Account Settings, or upon receipt by Quechup.com of your written or email notice of termination. Quechup.com may terminate your membership for any reason, effective upon sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to Quechup.com. If Quechup.com terminates your membership in the Service because you have breached the Agreement, you will not be entitled to any refund of unused subscription fees. Even after membership is terminated, this Agreement will remain in effect. Even after this Agreement is terminated, certain provisions will remain in effect, including sections 4, 5, 7 and 9-14 of this Agreement.
- Non Commercial Use by Members. The Website is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and should not use the Service or the Website for any purpose. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
- Proprietary Rights in Content on Quechup.com. Quechup.com owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of Quechup.com, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
- Content Posted on the Site.
- You understand and agree that Quechup.com may review and delete any content, messages, Quechup.com Messenger messages, photos or profiles (collectively, "Content") that in the sole judgment of Quechup.com violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.
- You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members.
- By posting Content to any public area of Quechup.com, you automatically grant, and you represent and warrant that you have the right to grant, to Quechup.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
- The following is a partial list of the kind of Content that is illegal or prohibited on the Website. Quechup.com reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes Content that:
- is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spam";
- promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- provides material that exploits people under the age of 16 in a sexual
or violent manner, or solicits personal information from anyone
under 16;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
- engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
- You must use the Service in a manner consistent with any and all applicable laws and regulations.
- You may not include in your publically viewable Member profile any telephone numbers, street addresses, last names, URLs or email addresses.
- You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. Although Quechup.com cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Quechup.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Quechup.com deems appropriate in its sole discretion.
- Member Disputes. You are solely responsible for your interactions with other Quechup.com Members. Quechup.com reserves the right, but has no obligation, to monitor disputes between you and other Members.
- Privacy. Use of the Website and our Service is also governed by our Privacy Policy. Please review our Privacy Policy to understand our practices regarding the use and disclosure of your personal information via our website.
- Copyright. The entire contents of this website, including but not limited to: Text, graphics, logos, button icons, Flash movies, images, audio clips, data compilations, and software, are the property of iDate Ltd., its suppliers or it's clients and are protected by domestic and International copyright and trademark laws. You may not modify, copy, reproduce, republish, upload, transmit, or distribute any portion of the website contents without the prior express written consent of Quechup.com.
If you believe any content appearing on our website constitutes a copyright infringement of another parties rights, contact us immediately at to notify us of any potential infringements.
- License and Website Access. Quechup.com grants limited license to access and make personal use of this
website and not to download (other than for page caching purposes) or modify it,
or any portion of it, except with the express written consent of Quechup.com.
This website or any portion of this website may not be reproduced, duplicated,
adapted, copied, sold, resold, transmitted or otherwise exploited for any commercial
purpose without the express written consent of Quechup.com. You may not frame,
or use any framing techniques to enclose any trademark, logo, or other proprietary
information (including images, text, flash movie, page layout, or form) of Quechup.com without the express written consent of Quechup.com. You may not use
META tags or any other "hidden text" techniques which utilize Quechup.com, Quechup, iDate, iDate Ltd. or any other derivative of our domain or company name without the express written consent of iDate Ltd. You are hereby granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Quechup.com so long as the link does not portray any false, misleading, derogatory, or otherwise offensive matter.
- Links with Other Websites. Quechup.com is not responsible for the content of any other web site linked to or from the Quechup.com Website. If you link to another site, you leave the Quechup.com Website. If you decide to link to another site, you do so entirely at your own risk. Quechup.com may, at its discretion, provide links from the Quechup.com Website to other sites, but this is done solely as a convenience to you and in no way should be interpreted as a referral or endorsement of any content, sponsor or owner of any other site. ALL WARRANTIES, CONDITIONS OR OTHER TERMS EXPRESS OR IMPLIED AS TO ANY SUCH LINKED SITE, INCLUDING WITHOUT LIMITATION AS TO ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED SITE, ARE HEREBY EXCLUDED.
- Modification of Conditions of Use. Quechup.com reserves the right to change the terms, conditions, and notices
at any time, and such modifications shall be effective immediately upon posting
of such changes. You are therefore responsible for regularly reviewing these Conditions
of Use and additional terms or notices posted on the Quechup.com website. Your
continued access of this website shall be deemed your conclusive acceptance of
the modified agreement.
- Disclaimer of Warranty/Limitation of Liability. THIS WEBSITE AND RELATED INFORMATION IS PROVIDED BY QUECHUP.COM ON AN "AS
IS" AND "AS AVAILABLE" BASIS. QUECHUP.COM MAKES NO EXPRESS OR
IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND, OR AS TO THE
OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS
INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS
AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, QUECHUP DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. QUECHUP.COM DOES NOT
WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM QUECHUP.COM ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. QUECHUP.COM WILL NOT BE LIABLE
FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT
NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION
ON THIS WEBSITE. QUECHUP.COM ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY
TYPOGRAPHICAL OR OTHER ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE.
- Agreement in English. You and we agree that this agreement and all related documents be written and
interpreted in the English language.
- Applicable Law. By visiting the Quechup.com website, you agree that the laws of UK, without
regard to principals of conflict of laws, will govern these Conditions of Use
and any dispute of any sort that might arise between you and Quechup.com.
- Disputes. Any dispute relating in any way to your visit or access of the Quechup.com
website shall be submitted to binding arbitration in Newbury, England and
subject to the laws of the UK, without regard to conflicts of law provisions arising
from accessing the Quechup.com website from other jurisdictions.
- Indemnification. You agree to indemnify, defend and hold harmless Quechup.com, its officers,
directors, owners, partners, employees, agents, licensors, suppliers and any third
party information provider to the website from and against all losses, expenses,
damages and costs, including attorney's fees, resulting from any violation of
these Conditions of Use (including negligent or wrongful conduct) by you or your
use and access of the Quechup.com website.
- International Use. Given the global nature of the Internet, you agree to comply with all local rules
including, without limitation, rules about the Internet, data, e-mail, privacy,
copyright, and trademark infringement.
- Other Provisions. Quechup.com failure to insist upon or enforce strict performance of any
provision of these Conditions of Use shall not be construed as a waiver of any
provision or right. Neither the course of conduct between the parties nor trade
practice shall act to modify any provision of these Conditions of Use. Quechup.com may assign its rights and duties under these Conditions of Use to any
party at any time without notice to you. If any of these conditions shall be deemed
invalid, void, or for any reason unenforceable, that condition shall be deemed
severable and shall not affect the validity or enforceability of any remaining
condition. Any rights not expressly granted herein are reserved.
- Request and Address. Please send notices by care of e-mail to:
or to: iDate Ltd,
24-32 London Rd,
Newbury,
RG14 1JX,
United Kindom