Acceptance of Terms
Quaintise, a division of Quaintise, LLC, provides consulting and marketing strategy services,
tools, and technologies, henceforth referred to as
"Services," summarized in the following Terms of Service ("TOS"),
which may be updated without notice to you. Any person
accessing this site agrees to the TOS, including associated
guidelines and rules. Should Customer object to TOS or
applicable guidelines therein, Customer must cease using
Service. Quaintise reserves the right to
revise its TOS at its own discretion.
User Content
Quaintise enables you to post Content via its
Service. Content includes, but is not limited to, postings,
stories, messages, emails, texts, images, photos, video, or
other material ("Content"). You may be required to register
with Quaintise to utilize said Services;
should you register, you are required to provide accurate
information. Should Quaintise" find the
information to be inaccurate, it reserves the right to
suspend or terminate your registration.
User Content does not reflect the views or opinions of
Quaintise, Quaintise, LLC, or its
representatives; rather Content is the sole responsibility
of the creator of said Content. As such, as per TOS, Content
originator bears sole responsibility and legal liability.
Quaintise cannot and will not attest to the
legality, validity, or accurate of User Content and when
possible will attribute Content originator accordingly.
Quaintise reserves the right to pre-screen or
remove Content at its own discretion for any reason and
without alerting User.
By agreeing to TOS, you recognize Quaintise
right to establish separate Guildelines and/or limits to use
of Service, including, but not limited to, user etiquette,
limits to content posting, posting frequency, and other
limits Quaintise deems appropriate.
By agreeing to Service, you may be exposed to indecent or
objectionable material that violates Quaintise"" TOS, which you may subsequently report to
Quaintise representatives. Quaintise will take necessary actions accordingly and
ultimately reserves the right to remove or not remove
content as it sees fit.
Proprietary Information and Trademarks
Quaintise contains proprietary information
that is protected by copyright, trademark, and intellectual
property laws. On behalf of Quaintise,
Quaintise, LLC has applied for two trademarks with
The United States Patent and Trademark Office (USPTO). The
serial numbers for the trademark applications are: Standard
character mark for "Quaintise": 77131082;
Stylized and/or with design mark for the Quaintise logo: 77138383. As such, user accepts that
related code and specifications are subject to respective
licenses.
As a user, you accept to grant Quaintise
worldwide, irrevocable, perpetual, non-exclusive, and fully
sub-licensable license to use, copy, perform, display, and
distribute the Content you provide. You may not reproduce,
duplicate, copy, sell, exploit, or use any Content, to any
extent, without the express written consent of the Company.
Quaintise may use user Content in any
promotional capacity without notice to user or providing
compensation to user. For further clarification, refer to Quaintise Privacy Policy, which explains in
greater detail its rights and role in publishing and
handling user Content and information.
User Conduct
You agree that you are solely responsible for all postings
and communications you make through the Service. You hereby
agree to not use the Service to:
1. Upload, post, email, transmit or otherwise make available
any Content or otherwise use the Service in a manner that is
unlawful, harmful, threatening, abusive, harassing,
tortuous, defamatory, vulgar, pornographic, obscene, or
libelous;
2. upload, post, email, transmit or otherwise make available
any Content or otherwise use the Service in a manner that is
hateful or discriminatory against any individual or group on
the basis of race, religion, gender, age, sexual
orientation, ethnicity, or disability, or promotes physical
harm or injury against any individual or group;
3. upload, post, email, transmit or otherwise make available
any Content or otherwise use the Service in a manner that is
harmful to minors in any way;
4. impersonate any person or entity, or falsely states or
otherwise misrepresents your identity or affiliation with
another person or entity;
5. stalk or harass another person or entity;
6. employ misleading email addresses, forged headers, or
other manipulated identifiers;
7. upload, post, email, transmit or otherwise make available
any Content that you do not have a right to make available
under any law or under contractual or fiduciary
relationships
8. upload, post, email, transmit or otherwise make available
any Content or otherwise use the Service in a manner that
infringes any patent, trademark, trade secret, copyright or
other proprietary rights of any party;
9. upload, post, email, transmit or otherwise make available
any Content or otherwise use the Service in a manner that is
invasive to another's privacy or includes personal or
identifying information about another person, without that
person's explicit consent;
10. upload, post, email, transmit or otherwise make
available any unsolicited or unauthorized advertising,
promotional materials, "junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of commercial
solicitation;
11. upload, post, email, transmit or otherwise make
available any Content that contains software viruses or any
other computer codes, files or programs designed to
interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications
equipment;
12. upload, post, email, transmit or otherwise make
available any Content or use the Service to interfere with
or disrupt the Service, or servers or networks connected to
the Service;
13. upload, post, email, transmit or otherwise make
available any Content or use the Service to collect or store
personal data about other users for commercial purposes or
engage in commercial activities, without the Quaintise prior approval.
Any use of the Service that is in
violation of the above will be subject to immediate removal
and user/account suspension or termination, at the sole
discretion of the Company.
Modifications to Service
Quaintise reserves the right at any time and
from time to time to modify, limit or discontinue,
temporarily or permanently, the Service (or any part
thereof) with or without notice. You agree that Quaintise shall not be liable to you or to any third
party for any modification, suspension or discontinuance of
the Service.
Linking
Quaintise may link to other Websites which
are operated independently from Quaintise and
Quaintise, LLC . You agree that your linking
to any such Website is at your own risk, and Quaintise and Quaintise, LLC bears no
responsibility for your linking or for the content or
information contained in any such Website, including the
accuracy thereof.
Disclaimer of Warranties
YOU AGREE AND ACKNOWLEDGE THAT QUAINTISE LLC,
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES
NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS,
THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF
THE SERVICE WILL BE ACCURATE OR RELIABLE, THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED
OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR
EXPECTATIONS, AND ANY ERRORS IN THE SOFTWARE WILL BE
CORRECTED. YOU AGREE AND ACKNOWLEDGE THAT YOUR USE OF THE
SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS. YOU AGREE AND ACKNOWLEDGE
THAT OBTAINING MATERIAL THROUGH THE USE OF THE SERVICE IS
DONE AT YOUR OWN DISCRETION AND RISK. THE COMPANY IS IN NO
WAY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY
SUCH MATERIAL. YOU AGREE AND ACKNOWLEDGE THAT NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM QUAINTISE OR THROUGH OR FROM THE SERVICE
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Limitation of Liability
YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT THE COMPANY SHALL
NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES EVEN IF Quaintise HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM:
THE USE OR THE INABILITY TO USE THE SERVICE; UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
ANY OTHER MATTER RELATING TO THE SERVICE; THE COST OF
PROCUREMENT OF A SUBSTITUTE SERVICE AND SERVICES RESULTING
FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR
OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO
THROUGH OR FROM SERVICE;
Indemnification
You agree to indemnify and hold Quaintise,
its principals, officers, directors, employees, agents, and
related personnel harmless from any claim or demand,
including reasonable attorney fees and court costs, made by
any third party due to or arising out of Content that you
submit, post or make available through Quaintise Service, of your use of Quaintise Service, your violation of this agreement,
your breach of any of the stipulations and warranties
herein, or your violation of the rights of another.
Governing Law
You agree and acknowledge that the laws of the state of
Arizona shall govern the Terms and the relationship between
you and Quaintise without regard to its
conflict of law provisions. You agree and acknowledge to
submit to the personal and exclusive jurisdiction of the
courts located within the state of Arizona. You agree and
acknowledge that any claim or cause of action arising out of
or related to use of the Service or TOS must be filed within
one (1) year after such claim or cause of action arose or
forever be barred, regardless of any statute or law to the
contrary.
Miscellaneous
TOS constitutes the entire agreement between you and
Quaintise and governs your use of the
Service, superseding any prior agreements between you and Quaintise.
Quaintise failure of to exercise or enforce any right or provision of
the Terms shall not constitute a waiver of such right or
provision. If any provision of the Terms is found by a court
of competent jurisdiction to be invalid, the parties agree
that the court should endeavor to give effect to the
parties' intentions as reflected in the provision, and the
other provisions of the TOS remain in full force and effect.
Reporting of Violations
Please report any violations of these TOS to:
Quaintise, LLC
4400 North Scottsdale Road
Suite 9567
Scottsdale, AZ 85251
Info@Quaintise.com
(602) 820-4563
