1.
ACCEPTANCE OF TERMS
The
services that Q8 Model Kit provides to User is subject to the following Terms
of Use ("TOU"). Q8 Model Kit reserves the right to update the TOU at
any time without notice to User. The most current version of the TOU can be
reviewed by clicking on the "Terms of Use" hypertext link located at
the bottom of our Web pages.
A. This
Agreement, which incorporates by reference other provisions applicable to use
of www.Q8 Model Kitkw.com, including, but not limited to, supplemental terms
and conditions set forth hereof ("Supplemental Terms") governing the
use of certain specific material contained in www.Q8 Model Kitkw.com, sets
forth the terms and conditions that apply to use of www.Q8 Model Kitkw.com by
User. By using Q8 Model Kit (other than to read this Agreement for the first
time), User agrees to comply with all of the terms and conditions hereof. The
right to use www.Q8 Model Kitkw.com is personal to User and is not transferable
to any other person or entity. User is responsible for all use of User's
Account (under any screen name or password) and for ensuring that all use of
User's Account complies fully with the provisions of this Agreement. User shall
be responsible for protecting the confidentiality of User's password(s), if
any.
B. Q8
Model Kit shall have the right at any time to change or discontinue any aspect
or feature of www.Q8 Model Kitkw.com, including, but not limited to, content,
hours of availability, and equipment needed for access or use.
2.
CHANGED TERMS
Q8
Model Kit shall have the right at any time to change or modify the terms and
conditions applicable to User's use of www.Q8 Model Kitkw.com, or any part
thereof, or to impose new conditions, including, but not limited to, adding
fees and charges for use. Such changes, modifications, additions or deletions
shall be effective immediately upon notice thereof, which may be given by means
including, but not limited to, posting on www.Q8 Model Kitkw.com, or by
electronic or conventional mail, or by any other means by which User obtains
notice thereof. Any use of www.Q8 Model Kitkw.com by User after such notice
shall be deemed to constitute acceptance by User of such changes, modifications
or additions.
3.
DESCRIPTION OF SERVICES
Through
its Web property, Q8 Model Kit provides User with access to a variety of
resources, including download areas, communication forums and product
information (collectively "Services"). The Services, including any
updates, enhancements, new features, and/or the addition of any new Web
properties, are subject to the TOU.
4.
EQUIPMENT
User
shall be responsible for obtaining and maintaining all telephone, computer
hardware, software and other equipment needed for access to and use of www.Q8
Model Kitkw.com and all charges related thereto.
5. USER
CONDUCT
A. User
shall use www.Q8 Model Kitkw.com for lawful purposes only. User shall not post
or transmit through www.Q8 Model Kitkw.com any material which violates or
infringes in any way upon the rights of others, which is unlawful, threatening,
abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene,
profane or otherwise objectionable, which encourages conduct that would
constitute a criminal offense, give rise to civil liability or otherwise
violate any law, or which, without Q8 Model Kit 's express prior approval,
contains advertising or any solicitation with respect to products or services.
Any conduct by a User that in Q8 Model Kit 's discretion restricts or inhibits
any other User from using or enjoying www.Q8 Model Kitkw.com will not be
permitted. User shall not use www.Q8 Model Kitkw.com to advertise or perform
any commercial solicitation, including, but not limited to, the solicitation of
users to become subscribers of other on-line information services competitive
with Q8 Model Kit .
B. www.Q8
Model Kitkw.com contains copyrighted material, trademarks and other proprietary
information, including, but not limited to, text, software, photos, video,
graphics, music and sound, and the entire contents of www.Q8 Model Kitkw.com
are copyrighted as a collective work under the [COUNTRY] copyright laws. Q8
Model Kit owns a copyright in the selection, coordination, arrangement and enhancement
of such content, as well as in the content original to it. User may not modify,
publish, transmit, participate in the transfer or sale, create derivative
works, or in any way exploit, any of the content, in whole or in part. User may
download copyrighted material for User's personal use only. Except as otherwise
expressly permitted under copyright law, no copying, redistribution,
retransmission, publication or commercial exploitation of downloaded material
will be permitted without the express permission of Q8 Model Kit and the
copyright owner. In the event of any permitted copying, redistribution or
publication of copyrighted material, no changes in or deletion of author
attribution, trademark legend or copyright notice shall be made. User
acknowledges that it does not acquire any ownership rights by downloading
copyrighted material.
C. User
shall not upload, post or otherwise make available on www.Q8 Model Kitkw.com
any material protected by copyright, trademark or other proprietary right
without the express permission of the owner of the copyright, trademark or
other proprietary right and the burden of determining that any material is not
protected by copyright rests with User. User shall be solely liable for any
damage resulting from any infringement of copyrights, proprietary rights, or
any other harm resulting from such a submission. By submitting material to any
public area of www.Q8 Model Kitkw.com, User automatically grants, or warrants
that the owner of such material has expressly granted Q8 Model Kit the
royalty-free, perpetual, irrevocable, non-exclusive right and license to use,
reproduce, modify, adapt, publish, translate and distribute such material (in
whole or in part) worldwide and/or to incorporate it in other works in any
form, media or technology now known or hereafter developed for the full term of
any copyright that may exist in such material. User also permits any other User
to access, view, store or reproduce the material for that User's personal use.
User hereby grants Q8 Model Kit the right to edit, copy, publish and distribute
any material made available on www.Q8 Model Kitkw.com by User.
D. The
foregoing provisions of Section 5 are for the benefit of Q8 Model Kit, its
subsidiaries, affiliates and its third party content providers and licensors
and each shall have the right to assert and enforce such provisions directly or
on its own behalf.
6. USE
OF SERVICES
The
Services may contain e-mail services, bulletin board services, chat areas, news
groups, forums, communities, personal web pages, calendars, photo albums, file
cabinets and/or other message or communication facilities designed to enable
User to communicate with others (each a "Communication Service" and
collectively "Communication Services"). User agrees to use the
Communication Services only to post, send and receive messages and material
that are proper and, when applicable, related to the particular Communication
Service. By way of example, and not as a limitation, User agrees that when
using the Communication Services, User will not:
* Use
the Communication Services in connection with surveys, contests, pyramid
schemes, chain letters, junk email, spamming or any duplicative or unsolicited
messages (commercial or otherwise).
*
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others.
*
Publish, post, upload, distribute or disseminate any inappropriate, profane,
defamatory, obscene, indecent or unlawful topic, name, material or
information.
*
Upload, or otherwise make available, files that contain images, photographs,
software or other material protected by intellectual property laws, including,
by way of example, and not as limitation, copyright or trademark laws (or by
rights of privacy or publicity) unless User own or control the rights thereto
or have received all necessary consent to do the same.
* Use
any material or information, including images or photographs, which are made
available through the Services in any manner that infringes any copyright,
trademark, patent, trade secret, or other proprietary right of any party.
*
Upload files that contain viruses, Trojan horses, worms, time bombs,
cancelbots, corrupted files, or any other similar software or programs that may
damage the operation of another's computer or property of another.
*
Advertise or offer to sell or buy any goods or services for any business
purpose, unless such Communication Services specifically allows such
messages.
*
Download any file posted by another user of a Communication Service that User
know, or reasonably should know, cannot be legally reproduced, displayed,
performed, and/or distributed in such manner.
*
Falsify or delete any copyright management information, such as author
attributions, legal or other proper notices or proprietary designations or
labels of the origin or source of software or other material contained in a file
that is uploaded.
*
Restrict or inhibit any other user from using and enjoying the Communication
Services.
*
Violate any code of conduct or other guidelines which may be applicable for any
particular Communication Service.
*
Harvest or otherwise collect information about others, including e-mail
addresses.
*
Violate any applicable laws or regulations.
*
Create a false identity for the purpose of misleading others.
* Use,
download or otherwise copy, or provide (whether or not for a fee) to a person
or entity any directory of users of the Services or other user or usage
information or any portion thereof.
Q8
Model Kit has no obligation to monitor the Communication Services. However, Q8
Model Kit reserves the right to review materials posted to the Communication
Services and to remove any materials in its sole discretion. Q8 Model Kit
reserves the right to terminate User’s access to any or all of the
Communication Services at any time, without notice, for any reason whatsoever. Q8
Model Kit reserves the right at all times to disclose any information as it
deems necessary to satisfy any applicable law, regulation, legal process or
governmental request, or to edit, refuse to post or to remove any information
or materials, in whole or in part, in Q8 Model Kit's sole discretion.
Materials
uploaded to the Communication Services may be subject to posted limitations on
usage, reproduction and/or dissemination; User is responsible for adhering to
such limitations if User downloads the materials.
Always
use caution when giving out any personally identifiable information in any
Communication Services. Q8 Model Kit does not control or endorse the content,
messages or information found in any Communication Services and, therefore, Q8
Model Kit specifically disclaims any liability with regard to the Communication
Services and any actions resulting from User’s participation in any
Communication Services. Managers and hosts are not authorized Q8 Model Kit
spokespersons, and their views do not necessarily reflect those of Q8 Model Kit.
7.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any
of the Services requires User to open an account, User must complete the
registration process by providing Q8 Model Kit with current, complete and
accurate information as prompted by the applicable registration form. User also
will choose a password and a user name. User is entirely responsible for
maintaining the confidentiality of User’s password and account. Furthermore,
User is entirely responsible for any and all activities that occur under User’s
account. User agrees to notify Q8 Model Kit immediately of any unauthorized use
of User’s account or any other breach of security. Q8 Model Kit will not be
liable for any loss that User may incur as a result of someone else using
User’s password or account, either with or without User’s knowledge. However,
User could be held liable for losses incurred by Q8 Model Kit or another party
due to someone else using User’s account or password. User may not use anyone
else's account at any time, without the permission of the account holder.
8.
NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEB SITE
Any
software that is made available to download from the Services
("Software") is the copyrighted work of Q8 Model Kit and/or its
suppliers. Use of the Software is governed by the terms of the end user license
agreement, if any, which accompanies or is included with the Software
("License Agreement"). An end user will be unable to install any
Software that is accompanied by or includes a License Agreement, unless he or
she first agrees to the License Agreement terms.
The
Software is made available for download solely for use by end users according
to the License Agreement. Any reproduction or redistribution of the Software
not in accordance with the License Agreement is expressly prohibited by law,
and may result in severe civil and criminal penalties. Violators will be
prosecuted to the maximum extent possible.
WITHOUT
LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER
SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY
PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED
BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED,
IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED
IN THE LICENSE AGREEMENT, Q8 Model Kit HEREBY DISCLAIMS ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR
YOUR CONVENIENCE, Q8 Model Kit MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN
ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. Q8 Model
Kit DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR
OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE
RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND
UTILITIES MADE AVAILABLE ON THE SERVICES.
9.
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB SITE
Permission
to use Documents (such as white papers, press releases, datasheets and FAQs)
from the Services is granted, provided that (1) the below copyright notice
appears in all copies and that both the copyright notice and this permission
notice appear, (2) use of such Documents from the Services is for informational
and non-commercial or personal use only and will not be copied or posted on any
network computer or broadcast in any media, and (3) no modifications of any
Documents are made. Accredited educational institutions, such as universities,
private/public colleges, and state community colleges, may download and
reproduce the Documents for distribution in the classroom. Distribution outside
the classroom requires express written permission. Use for any other purpose is
expressly prohibited by law, and may result in severe civil and criminal
penalties. Violators will be prosecuted to the maximum extent possible.
Q8
Model Kit AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS
PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND
RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. Q8
Model Kit AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL Q8
Model Kit AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT
OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE,
DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS
ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF
INFORMATION AVAILABLE FROM THE SERVICES.
THE
DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE
TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED
TO THE INFORMATION HEREIN. Q8 Model Kit AND/OR ITS RESPECTIVE SUPPLIERS MAY
MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S)
DESCRIBED HEREIN AT ANY TIME.
10.
NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS SITE
IN NO
EVENT SHALL Q8 Model Kit AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY
SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING
FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE
OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR
PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
11.
MATERIALS PROVIDED TO Q8 Model Kit OR POSTED AT ANY OF ITS WEB SITES
Q8
Model Kit does not claim ownership of the materials User provide to Q8 Model
Kit (including feedback and suggestions) or post, upload, input or submit to
any Services or its associated services for review by the general public, or by
the members of any public or private community, (each a "Submission"
and collectively "Submissions"). However, by posting, uploading,
inputting, providing or submitting ("Posting") User’s Submission User
is granting Q8 Model Kit, its affiliated companies and necessary sublicensees
permission to use User’s Submission in connection with the operation of their
Internet businesses (including, without limitation, all Q8 Model Kit Services),
including, without limitation, the license rights to: copy, distribute,
transmit, publicly display, publicly perform, reproduce, edit, translate and
reformat User’s Submission; to publish User’s name in connection with User’s
Submission; and the right to sublicense such rights to any supplier of the Services.
No
compensation will be paid with respect to the use of User’s Submission, as
provided herein. Q8 Model Kit is under no obligation to post or use any
Submission User may provide and Q8 Model Kit may remove any Submission at any
time in its sole discretion. By Posting a Submission User warrants and
represents to own or otherwise control all of the rights to User’s Submission
as described in these Terms of Use including, without limitation, all the
rights necessary for User to provide, post, upload, input or submit the
Submissions.
In
addition to the warranty and representation set forth above, by Posting a
Submission that contain images, photographs, pictures or that are otherwise
graphical in whole or in part ("Images"), User warrant and represent
that (a) User is the copyright owner of such Images, or that the copyright
owner of such Images has granted User permission to use such Images or any
content and/or images contained in such Images consistent with the manner and
purpose of User’s use and as otherwise permitted by these Terms of Use and the
Services, (b) User have the rights necessary to grant the licenses and
sublicenses described in these Terms of Use, and (c) that each person depicted
in such Images, if any, has provided consent to the use of the Images as set
forth in these Terms of Use, including, by way of example, and not as a
limitation, the distribution, public display and reproduction of such Images.
By Posting Images, User is granting (a) to all members of User’s private
community (for each such Images available to members of such private
community), and/or (b) to the general public (for each such Images available
anywhere on the Services, other than a private community), permission to use
User’s Images in connection with the use, as permitted by these Terms of Use,
of any of the Services, (including, by way of example, and not as a limitation,
making prints and gift items which include such Images), and including, without
limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute,
transmit, publicly display, publicly perform, reproduce, edit, translate and
reformat User’s Images without having User’s name attached to such Images, and
the right to sublicense such rights to any supplier of the Services. The
licenses granted in the preceding sentences for a Images will terminate at the
time User completely remove such Images from the Services, provided that, such
termination shall not affect any licenses granted in connection with such
Images prior to the time User completely remove such Images. No compensation
will be paid with respect to the use of User’s Images.
12.
DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
A. USER
EXPRESSLY AGREES THAT USE OF www.Q8 Model Kitkw.com IS AT USER'S SOLE RISK.
NEITHER Q8 Model Kit, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES,
AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT www.Q8 Model
Kitkw.com WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS
TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF www.Q8 Model Kitkw.com, OR AS
TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR
MERCHANDISE PROVIDED THROUGH www.Q8 Model Kitkw.com.
B. www.Q8
Model Kitkw.com IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES
OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF
EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS
AGREEMENT.
C. THIS
DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE
OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN
OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR
DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER
FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE
OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT Q8 Model Kit IS NOT LIABLE FOR
THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES
AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
D. IN
NO EVENT WILL Q8 Model Kit, OR ANY PERSON OR ENTITY INVOLVED IN CREATING,
PRODUCING OR DISTRIBUTING www.Q8 Model Kitkw.com OR THE Q8 Model Kit SOFTWARE,
BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE
OF OR INABILITY TO USE www.Q8 Model Kitkw.com. USER HEREBY ACKNOWLEDGES THAT
THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
E. IN
ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, Q8 Model Kit, NOR ITS
AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE
REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS,
OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION
CONTAINED WITHIN www.Q8 Model Kitkw.com, OR FOR ANY DELAY OR INTERRUPTION IN
THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING
THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE
FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED
TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
F.
PRIOR TO THE EXECUTION OF A STOCK TRADE, USERS ARE ADVISED TO CONSULT WITH YOUR
BROKER OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR OTHER
INFORMATION. Q8 Model Kit, ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT
PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED ON THE
INFORMATION PROVIDED. NEITHER, Q8 Model Kit, NOR ITS AFFILIATES, INFORMATION
PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE,
ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO
WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
G.
FORCE MAJEURE – NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN
PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING,
WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR
MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM
EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER
FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS
(INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY
AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF
FIFTEEN (15) DAYS FROM ITS OCCURENCE. THE PERFORMANCE OF THS AGREEMENT SHALL
THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED
PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.
13.
LINKS TO THIRD PARTY SITES
THE
LINKS IN THIS AREA WILL LET YOU LEAVE Q8 Model Kit'S SITE. THE LINKED SITES ARE
NOT UNDER THE CONTROL OF Q8 Model Kit AND Q8 Model Kit IS NOT RESPONSIBLE FOR
THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY
CHANGES OR UPDATES TO SUCH SITES. Q8 Model Kit IS NOT RESPONSIBLE FOR
WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. Q8
Model Kit IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION
OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY Q8 Model Kit OF THE SITE.
Q8
Model Kit is a distributor (and not a publisher) of content supplied by
third parties and Users. Accordingly, Q8 Model Kit has no more editorial
control over such content than does a public library, bookstore, or newsstand.
Any opinions, advice, statements, services, offers, or other information or
content expressed or made available by third parties, including information
providers, Users or any other user of www.Q8 Model Kitkw.com, are those of the
respective author(s) or distributor(s) and not of Q8 Model Kit. Neither Q8
Model Kit nor any third-party provider of information guarantees the accuracy,
completeness, or usefulness of any content, nor its merchantability or fitness
for any particular purpose.
In many
instances, the content available through www.Q8 Model Kitkw.com represents the
opinions and judgments of the respective information provider, User, or other
user not under contract with Q8 Model Kit. Q8 Model Kit neither endorses nor is
responsible for the accuracy or reliability of any opinion, advice or statement
made on www.Q8 Model Kitkw.com by anyone other than authorized Q8 Model Kit
employee spokespersons while acting in their official capacities. Under no
circumstances will Q8 Model Kit be liable for any loss or damage caused by a
User's reliance on information obtained through www.Q8 Model Kitkw.com. It is
the responsibility of User to evaluate the accuracy, completeness or usefulness
of any information, opinion, advice or other content available through Q8 Model
Kit. Please seek the advice of professionals, as appropriate, regarding the
evaluation of any specific information, opinion, advice or other content.
14.
UNSOLICITED IDEA SUBMISSION POLICY
Q8
Model Kit OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS,
INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR
TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES.
PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER
WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS
OR DISPUTES WHEN Q8 Model Kit'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM
SIMILAR TO IDEAS SUBMITTED TO Q8 Model Kit. SO, PLEASE DO NOT SEND YOUR
UNSOLICITED IDEAS TO Q8 Model Kit OR ANYONE AT Q8 Model Kit. IF, DESPITE OUR
REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM,
PLEASE UNDERSTAND THAT Q8 Model Kit MAKES NO ASSURANCES THAT YOUR IDEAS AND
MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
15.
MONITORING
Q8
Model Kit shall have the right, but not the obligation, to monitor the content
of www.Q8 Model Kitkw.com, including chat rooms and forums, to determine
compliance with this Agreement and any operating rules established by Q8 Model
Kit and to satisfy any law, regulation or authorized government request. Q8
Model Kit shall have the right in its sole discretion to edit, refuse to post
or remove any material submitted to or posted on www.Q8 Model Kitkw.com.
Without limiting the foregoing, Q8 Model Kit shall have the right to remove any
material that Q8 Model Kit, in its sole discretion, finds to be in violation of
the provisions hereof or otherwise objectionable.
16.
INDEMNIFICATION
User
agrees to defend, indemnify and hold harmless Q8 Model Kit, its affiliates and
their respective directors, officers, employees and agents from and against all
claims and expenses, including attorneys' fees, arising out of the use of Q8
Model Kit by User or User's Account.
17.
TERMINATION
Either Q8
Model Kit or User may terminate this Agreement at any time. Without limiting
the foregoing, Q8 Model Kit shall have the right to immediately terminate
User's Account in the event of any conduct by User which Q8 Model Kit, in its
sole discretion, considers to be unacceptable, or in the event of any breach by
User of this Agreement.
18.
MISCELLANEOUS
This
Agreement and any operating rules for www.Q8 Model Kitkw.com established by Q8
Model Kit constitute the entire agreement of the parties with respect to
the subject matter hereof, and supersede all previous written or oral
agreements between the parties with respect to such subject matter. This
Agreement shall be construed in accordance with the laws of the Kuwait, without
regard to its conflict of laws rules. No waiver by either party of any breach
or default hereunder shall be deemed to be a waiver of any preceding or
subsequent breach or default. The section headings used herein are for
convenience only and shall not be given any legal import.
19.
COPYRIGHT NOTICE
Q8
Model Kit its logos are trademarks of Q8 Model Kit Ltd. All rights
reserved. All other trademarks appearing on Q8 Model Kit are the property
of their respective owners.
20.
TRADEMARKS
The
names of actual companies and products mentioned herein may be the trademarks
of their respective owners. The example companies, organizations, products,
domain names, email addresses, logos, people and events depicted herein are
fictitious. No association with any real company, organization, product, domain
name, e-mail address, logo, person, or event is intended or should be
inferred.