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Zoquest Terms of Service Agreement


Introduction

By accessing and using our websites (including www.zoquest.com and www.zoquest.net), tools and services (collectively, "Platform") you agree to be bound by all of the Terms of Service ("Terms") below. Before using our Platform we kindly ask that you read the Terms carefully. If you don't agree to all of the Terms, please do not use our Platform. Also, if a Term does not make sense to you, please let us know by e-mailing: legal@zoquest.com


Use of our Platform

Our Platform is intented to be used solely as a resource through which anybody can promote and/or declare their willingness to join local activities and events ("Activity"). You may only use our Platform and/or participate or become involved in an Activity if you agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations, including these Terms of Service. You must be at least 18 years of age to use our Platform. By using our Platform and by agreeing to these Terms, you warrant and represent that you are at least 18 years of age. Upon creating your account you must provide us with accurate information. If you open an account on behalf of a company, organization, or other entity, then "you" includes you and that entity, and you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf.


Content

Our Platform allows you to post content ("User Content") including images, comments, messages, location and personal information, links and other material. Activities are also considered User Content as they are created by users and contain the above mentioned User Content within themselves. You grant zoquest and its users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, and distribute your Content on zoquest for the purposes of operating, developing, promoting, providing, and using our Platform. You warrant and represent that your User Content will:

- Not be untruthful or fraudulent
- Not violate any law, statute, ordinance or regulation.
- Not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy.
- Not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
- Not be obscene or contain: pornography, child pornography, or photographs of unclothed person(s).
- Not create liability for us or cause us to lose (in whole or in part) te services of our ISPs or other suppliers.
- Not contain any viruses, worms, Trojan horses, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
- Not link directly or indirectly to any materials that violate our Terms of Service.
- Not link directly or indirectly to any materials to which you do not have a right to link to or include.

You agree that we reserve the right to immediately and without notice remove such User Content from the Platform and our servers. Furthermore, you agree that failure to adhere to the above User Content rules may lead to the immediate removal, suspension or termination of your account. You also agree that you and other zoquest users are solely responible for all User Content transmitted to and from the Platform. You understand that we do not control or monitor any User Content. Furthermore we do not endorse any opinions expressed by you or others. You fully understand that by using our Platform you may be exposed to User Content that may be deemed as inappropriate, untruthful, offensive or objectionable, and that this is done at your own risk. You agree that under no circumstances is zoquest liable for any harmful information or User Content on our Platform. As part of User Content, zoquest users, Activity Organizers or third parties may provide links on the Platform to websites or resources outside of the Platform. You understand that we have no control over the availability, validity, quality, safety, morality, legality, truthfulness or accuracy of such websites and resources. As such, you agree to release us from demands, claims and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with the reliance on any such content, goods or services available on or through any such websites or resources.


Activities

Our Platform provides resources through which abybody may create, organize and/or promote physical activities, events and meetings ("Activities") at any public or private location. You agree that zoquest is not involed in any way with Activities or the individuals who create, organize, host and promote them ("Organizers"). Since you understand that we have no control over the identity or actions of the Organizers we kindly request that you use utmost caution and good judgment when choosing to participate or become involved with an Activity. You understand that zoquest has no way of controlling or monitoring the quality, safety, morality, legality, truthfulness or accuracy of Activities and their Organizers as well as the fact that zoquest has no involvement in the physical transportation, fees, memberships, equipment, setup or any other part of an Activity and its Organizers. As such you agree to release us from demands, claims and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Platform, your Third Party Transactions, our resolution of any disputes among users, and/or your transportation to or from, attendance at, or the actions of you or other persons at, an Activity.


Charges & Fees

Our Platform is offered completely free to all users who abide by these Terms of Service. This includes the Platform functions of joining Activities ("Join") as well as creating them. Although our intention is to keep use of the Platform free, you agree that we reserve the right to change this at any time and may at our sole discretion alter this policy and begin charging for any part or parts of the Platform after notifying you through the Platform or through email. It is important you agknowledge that by joining an Activity through our Platform you are merely notifying that Activity's Organizer of your intent. The Organizer may at their discretion charge a fee for actual participation in the Activity which must be submitted to them before you can actually participate, regardless of whether you have Joined throught our Platform or not. Also you agree that the Activity Organizer is the one to decide if such fees are required, payment options, frequency, refund policies, and how fees are spent. Fees assessed by Activity Organizers are remitted to the Organizers, not to zoquest. If you use any form of payment, payment mechanism or payment processing service to pay fees assessed by an Organizer you acknowledge that zoquest does not have any involvement in or control over the transaction and that you bear all risk in connection with that transaction. Refunds of any payment you make to any Organizer are subject to that Organizer's policies and applicable law. If you believe any payment to an Organizer is in error, you must contact the Organizer to seek resolution. You should use common sense and be careful in deciding whether to make a payment to an Organizer. You acknowledge and agree that there is no way for us to ensure that an Organizer is legitimate and truthful, that he or she will use payments as promised, or that you will be happy with how they spend your payment. Your correspondence or business dealings with, or participation in promotions of zoquest Activities, including payment and related services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and the applicable Organizer.


Privacy & Security

We take privacy very seriously and in accordance with our privacy policy, we will not sell, trade or otherwise disclose any of your personal information (as defined in our privacy policy) about you to any third party (including your email address). Also, we constantly strive to protect your User Content and user accounts from malicious intent. However, you acknowledge that we cannot absolutely guarantee that unauthorized third parties won't be able to defeat our security measures. We kindly request that you notify us immediately is a security issue should arise.


Communication between the Platform and users

Ocassionaly, zoquest may send important announcements, offers and suggestions to your personal email based on your activity within the Platform. This feature is meant to be for your benefit and you may turn this functionality off at any time. You may also occasionaly receive emails from the Platform notifying you of communications from other zoquest users. Please note that this communication is based on an internal Platform function (we never share your email with anyone) and you may also turn this functionality off at any time.


Platform Changes

We reserve the exclusive right at any time to modify or discontinue, temporarily or permanently, all or any portion of our Platform with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or termination of our Platform.


Indenmity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use.


Breaches of these Terms

Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.


Variation

We may revise these terms of use from time to time. Revised terms of use will apply to the use of our website from the date of publication of the revised terms of use on our website.


Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, zoquest SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL zoquest'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PRODUCTS EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).