Terms of Service

These Terms of Service ("Terms") govern your access to and use of the services and Qooh.me’s websites (the "Services"), and any information, text, graphics, or other materials uploaded, downloaded or appearing on the Services (collectively referred to as "Content"). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.


These basic terms apply to your use of Qooh.me. Qooh.me will terminate your account if you violate any of these terms:

  • You must be 13 years or older to use Qooh.me.
  • You must be a human. Qooh.me does not permit accounts registered by automated methods.
  • You are responsible for all content you post.
  • You may not use Qooh.me for any illegal or unauthorized purpose.
  • You may not use Qooh.me to abuse, bully, harass, threaten, malign, slander, impersonate or intimidate anyone. If you become aware that a user is engaging in prohibited activity please email us at info@qooh.me.
  • You may not post potentially personally-identifying and personally-identifying information about any individual Qooh.me user without their consent.
  • If Qooh.me terminates your account for any reason, you may not create another Qooh.me account without Qooh.me's written permission to do so.

User Rights

Subject to these Terms, Qooh.me gives you a worldwide, royalty-free, non-assignable and non-exclusive license to re-post any of the Content on Qooh.me anywhere on the rest of the web provided that the Content was added to the Service, and provided that the user who created the content has not explicitly marked the content as not for reproduction, and provided that you: (a) do not modify the Content; (b) attribute Qooh.me with a human and machine-followable link (an A tag) linking back to the page displaying the original source of the content on Qooh.me.com (c) upon request, either by Qooh.me or a user, remove the user's name from Content which the user has subsequently made anonymous; (d) upon request, either by Qooh.me or by a user who contributed to the Content, make a reasonable effort to update a particular piece of Content to the latest version on Qooh.me.com; and (e) upon request, either by Qooh.me or by a user who contributed to the Content, make a reasonable attempt to delete Content that has been deleted on Qooh.me.com. Your Content will be viewable by other users of the Service and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms.

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Service. Any use of or reliance on any Content or materials posted via the Service or obtained by you through the Service is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Service or endorse any opinions expressed via the Service. You understand that by using the Service, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate. Under no circumstances will Qooh.me be liable in any way for any Content, 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 made available via the Service or broadcast elsewhere.

You are responsible for your use of the Service, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and third parties partners. You understand that your Content may be republished and if you do not have the right to submit Content for such use, it may subject you to liability.Qooh.me will not be responsible or liable for any use of your Content by Qooh.me in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit. We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Service and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Qooh.me, its users and the public

General Prohibitions

You must not do any of the following while accessing or using the Service: (i) use the Service for any unlawful purposes or for promotion of illegal activities; (ii) post any Content (as defined below) or use the Service in violation of any applicable law (including intellectual property laws, right of privacy or publicity laws, and any laws of a non-South Africa. jurisdiction applicable to you), or any contractual or other legal obligation; (iii) post Content that is hateful, abusive, threatening, profane, or otherwise objectionable; (iv) post Content or use the Service to create an impression that you know is incorrect, misleading, or deceptive, including by impersonating others or otherwise misrepresenting your affiliation with a person or entity; (v) publish or post other people's private or personally identifiable information without their express authorization and permission; (vi) use the Service for the purpose of spamming anyone; (vii) publish or link to malicious content intended to damage or disrupt another user's browser or computer or to compromise a user's privacy; (viii) access or tamper with non-public areas of the Service, Qooh.me's computer systems, or the technical delivery systems of Qooh.me's providers; (ix) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (x) access or search or attempt to access or search the Service by any means (automated or otherwise) other than through the currently available, published interfaces that are provided by Qooh.me (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Qooh.me (crawling the Service is permissible in accordance with these Terms, but scraping the Service without the prior consent of Qooh.me except as permitted by these Terms is expressly prohibited); (xi) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information; or (xii) interfere with or disrupt (or attempt to do so) the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service. We may make available one or more APIs for interacting with the Service. Your use of any Qooh.me API is subject to these terms and the Qooh.me API Rules, which will be posted before we make these APIs available (as part of these Terms)

Termination and Limitation of Account

We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service

Qooh.me Rights

All right, title, and interest in and to the Service (excluding Content provided by users) are and will remain the exclusive property of Qooh.me and its licensors. The Service is protected by copyright, trademark, and other laws of both South Africa and foreign countries. Except as expressly provided herein, nothing in the Terms gives you a right to use the Qooh.me name or any of the Qooh.me trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you. The Service may include advertisements, which may be targeted to the Content or information on the Service, queries made through the Service, or other information. The types and extent of advertising by Qooh.me on the Service are subject to change. In consideration for Qooh.me granting you access to and use of the Service, you agree that Qooh.me and its third party providers and partners may place such advertising on the Service or in connection with the display of Content or information from the Service whether submitted by you or others.

Passwords

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. We encourage you to use "strong" passwords (that use a combination of upper and lower case letters, numbers and symbols) with your account. Qooh.me will not be liable for any loss or damage arising from your failure to comply with these requirements.

Copyright Policy

Qooh.me respects the intellectual property rights of others and expects users of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please contact us at info@qooh.me.com

Indemnity

You agree to defend, indemnify, and hold Qooh.me, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with User Submissions, your access to or use of the Site, Services or Qooh.me Content, or your violation of these Terms of Service.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SMYLE AND ITS PARENT ORGANIZATIONS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT TWITTER HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE

Entire Agreement

These Terms of Service (including the Privacy Policy) constitute the entire and exclusive understanding and agreement between Qooh.me and you regarding the Site, Services and Qooh.me Content, and these Terms of Service supersede and replace any and all prior oral or written understandings or agreements between Qooh.me and you regarding the Site, Services and Qooh.me Content.

Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Qooh.me of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Waiver and Severability

The failure of Qooh.me to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

Controlling Law and Jurisdiction

These Terms of Service and any action related thereto will be governed by the laws South Africa without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Service will be the a court located in the South Africa, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

Terms of Service Changes

Although most changes are likely to be minor, Qooh.me may change these Terms of Service from time to time, and at Qooh.me's sole discretion. Qooh.me encourages visitors to frequently check this page for any changes to its Terms of Service. Your continued use of this site after any change in these Terms of Service will constitute your acceptance of such change.