In order to access and use certain features of the Service, you may be required to create an account with Qwurty. You represent and warrant that all information you provide to Qwurty when creating an account is accurate, complete, and up to date. You are solely responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer or mobile device to prevent unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account.
The Service allows you to post, upload, publish, submit, or transmit content, including but not limited to photos, videos, comments, and messages (collectively, "User Content"). You retain all rights in, and are solely responsible for, the User Content you post to the Service.
You grant Qwurty a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Service and Qwurty's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents, and releases that are necessary to grant to Qwurty the rights in such User Content, as contemplated under these Terms; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor Qwurty's use of the User Content as permitted herein will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree not to post, upload, publish, submit, or transmit any User Content that: (i) is defamatory, libelous, obscene, vulgar, or offensive; (ii) promotes or incites violence or discrimination against any individual or group; (iii) infringes or violates any third-party right, including any intellectual property or proprietary right; (iv) contains viruses or other harmful code; or (v) violates any applicable law or regulation.
Qwurty reserves the right, in its sole discretion, to remove or disable access to any User Content for any reason, including User Content that Qwurty believes violates these Terms or is otherwise harmful or objectionable.
You agree not to use the Service to:
Qwurty reserves the right, in its sole discretion, to terminate your access to the Service, without notice and without liability to you, for any reason or no reason, including if Qwurty believes that you have violated these Terms.
The Service may contain links to third-party websites or resources, and may include third-party content, advertisements, or promotions. Qwurty does not endorse and is not responsible or liable for any third-party content or websites or resources, including their accuracy, completeness, timeliness, reliability, suitability, or availability. Qwurty does not assume and will not have any liability or responsibility to you or any other person or entity for any third-party content or websites or resources, or for any damage or loss arising from your use of any third-party content or websites or resources.
The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Qwurty, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms permit you to use the Service for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service, except as follows:
You must not:
The Service is provided "as is" and "as available" without any warranties of any kind, express or implied. Qwurty does not warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service or the servers that make the Service available are free of viruses or other harmful components. Qwurty makes no representations or warranties about the accuracy, completeness, timeliness, reliability, suitability, or availability of the Service or any content or information contained therein, or any other websites or resources linked to or from the Service. Your use of the Service is at your own risk.
To the fullest extent permitted by applicable law, Qwurty and its affiliates, officers, employees, agents, partners, and licensors will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from or related to your use of the Service, including but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.
In no event shall Qwurty's aggregate liability to you or any third party in connection with the Service exceed the amount paid by you for access to the Service during the twelve (12) months preceding the event giving rise to such liability.
You agree to indemnify, defend, and hold harmless Qwurty and its affiliates, officers, employees, agents, partners, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) arising from or related to your use of the Service, your violation of these Terms, or your violation of any rights of another.
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. Any dispute arising out of or related to these Terms or the Service will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration will be conducted in San Francisco, California, unless you and Qwurty agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.