Terms of Service
v 1.0.0
Published Monday, October 31 2022
1. Overview
This Terms of Service Agreement ("Agreement") is entered
into by
and
between Quantaleap B.V., registered address Kaap Hoorndreef 66, Netherlands ("Company")
and you,
and is
made effective as of the date of your use of this website https://quantaleap.eu
("Site") or
the
date of electronic acceptance.
This Agreement sets forth the general terms and conditions of your use of
https://quantaleap.eu as well as the products and/or services purchased or accessed through this Site
(the
"Services").Whether you are simply browsing or using this Site or purchase Services,
your use
of
this Site and your electronic acceptance of this Agreement signifies that you have read, understand,
acknowledge and agree to be bound by this Agreement our Privacy policy. The terms "we",
"us" or "our" shall refer to Company. The terms
"you", "your",
"User" or "customer" shall refer to any individual or entity who
accepts this
Agreement,
uses our Site, has access or uses the Services. Nothing in this Agreement shall be deemed to confer any
third-party rights or benefits.
Company may, in its sole and absolute discretion, change or modify this
Agreement,
and any policies or agreements which are incorporated herein, at any time, and such changes or
modifications
shall be effective immediately upon posting to this Site. Your use of this Site or the Services after
such
changes or modifications have been made shall constitute your acceptance of this Agreement as last
revised.
If you do not agree to be bound by this agreement as last revised, do not use (or continue to
use) this site or our services.
2. Eligibility
This Site and the Services are available only to Users who can form legally
binding
contracts under applicable law. By using this Site or the Services, you represent and warrant that you
are
(i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding
contracts under applicable law, and (iii) are not a person barred from purchasing or receiving the
Services
found under the laws of the Netherlands or other applicable jurisdiction.
If you are entering into this Agreement on behalf of a company or any
corporate
entity, you represent and warrant that you have the legal authority to bind such corporate entity to the
terms and conditions contained in this Agreement, in which case the terms "you",
"your",
"User" or "customer" shall refer to such corporate entity. If, after your electronic
acceptance of this Agreement, Company finds that you do not have the legal authority to bind such
corporate
entity, you will be personally responsible for the obligations contained in this Agreement.
3. Rules of user conduct
By using this Site You acknowledge and agree that:
- Your use of this Site, including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
You will not use this Site in a manner that:
- Is illegal, or promotes or encourages illegal activity;
- Promotes, encourages or engages in child pornography or the exploitation of children;
- Promotes, encourages or engages in terrorism, violence against people, animals, or property;
- Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
- Infringes on the intellectual property rights of another User or any other person or entity;
- Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
- Interferes with the operation of this Site;
- Contains or installs any viruses, worms, bugs, Trojan horses, Cryptocurrency Miners or other code, files or programs designed to, or capable of, using many resources, disrupting, damaging, or limiting the functionality of any software or hardware.
You will not:
- copy or distribute in any medium any part of this Site, except where expressly authorized by Company,
- copy or duplicate this Terms of Services agreement, which was created with the help of the TermsHub Terms & Conditions Generator,
- modify or alter any part of this Site or any of its related technologies,
- access Companies Content (as defined below) or User Content through any technology or means other than through this Site itself.
4. Intellectual property
In addition to the general rules above, the provisions in this Section apply
specifically to your use of Companies Content posted to Site. Companies Content on this Site, including
without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music,
videos
and interactive features and the trademarks, service marks and logos contained therein ("Companies
Content"), are owned by or licensed to Quantaleap in perpetuity, and are subject to copyright,
trademark, and/or patent protection.
Companies Content is provided to you "as is", "as
available"
and "with all faults" for your information and personal, non-commercial use only and may not
be
downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or
otherwise
exploited for any purposes whatsoever without the express prior written consent of Company. No right or
license under any copyright, trademark, patent, or other proprietary right or license is granted by this
Agreement.
5. Links to third-party websites
This Site may contain links to third-party websites that are not owned or
controlled by Company. Company assumes no responsibility for the content, terms and conditions, privacy
policies, or practices of any third-party websites. In addition, Company does not censor or edit the
content
of any third-party websites. By using this Site you expressly release Company from any and all liability
arising from your use of any third-party website. Accordingly, Company encourages you to be aware when
you
leave this Site and to review the terms and conditions, privacy policies, and other governing documents
of
each other website that you may visit.
6. Disclaimer of representations and warranties
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE SHALL BE AT
YOUR
OWN RISK AND THAT THIS SITE ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL
FAULTS". COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISCLAIM ALL WARRANTIES, STATUTORY,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,
FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS
MAKE
NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE
ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR
OTHERWISE)
TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS,
BANNER
ADVERTISING OR OTHERWISE) TO THIS SITE, AND COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN
INFORMATION OR ADVICE PROVIDED BY COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, AND
THIRD-PARTY
SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND
WITH
RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH
INFORMATION
OR ADVICE.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE
FULLEST EXTENT PERMITTED BY LAW, and shall survive any termination or expiration of this Agreement or
your
use of this Site or the Services found at this Site.
7. Limitation of liability
IN NO EVENT SHALL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND
ALL
THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY DAMAGES THAT MAY
RESULT
FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR
CONTENT OF
ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES
FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS
SITE,
(IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE
WHATSOEVER, (VI) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED
(THROUGH
HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VII) ANY VIRUSES, WORMS, BUGS, TROJAN
HORSES, OR
THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER
ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY,
HARASSING,
ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, "X-RATED", OBSCENE OR
OTHERWISE
OBJECTIONABLE, AND/OR (IX) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE
OR
THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR
EQUITABLE
THEORY, AND WHETHER OR NOT COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that any cause of action
arising out of or related to this Site or the Services found at this Site must be commenced within one
(1)
year after the cause of action accrues, otherwise such cause of action shall be permanently barred.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT
PERMITTED
BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or
the
Services found at this Site.
8. Indemnity
You agree to protect, defend, indemnify and hold harmless Company and its
officers,
directors, employees, agents from and against any and all claims, demands, costs, expenses, losses,
liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’
fees)
imposed upon or incurred by Company directly or indirectly arising from (i) your use of and access to
this
Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are
incorporated herein; and/or (iii) your violation of any third-party right, including without limitation
any
intellectual property or other proprietary right. The indemnification obligations under this section
shall
survive any termination or expiration of this Agreement or your use of this Site or the Services found
at
this Site.
9. Data tranfer
If you are visiting this Site from a country other than the country in which
our
servers are located, your communications with us may result in the transfer of information across
international boundaries. By visiting this Site and communicating electronically with us, you consent to
such transfers.
10. Availability of website
Subject to the terms and conditions of this Agreement and our policies, we
shall
use commercially reasonable efforts to attempt to provide this Site on 24/7 basis. You acknowledge and
agree
that from time to time this Site may be inaccessible for any reason including, but not limited to,
periodic
maintenance, repairs or replacements that we undertake from time to time, or other causes beyond our
control
including, but not limited to, interruption or failure of telecommunication or digital transmission
links or
other failures.
You acknowledge and agree that we have no control over the availability of
this
Site on a continuous or uninterrupted basis, and that we assume no liability to you or any other party
with
regard thereto.
11. Discontinued services
Company reserves the right to cease offering or providing any of the Services
at
any time, for any or no reason, and without prior notice. Although Company makes great effort to
maximize
the lifespan of all its Services, there are times when a Service we offer will be discontinued. If that
is
the case, that product or service will no longer be supported by Company. In such case, Company will
either
offer a comparable Service for you to migrate to or a refund. Company will not be liable to you or any
third
party for any modification, suspension, or discontinuance of any of the Services we may offer or
facilitate
access to.
12. Fees and payments
You acknowledge and agree that your payment will be charged and processed by
Quantaleap.
You agree to pay any and all prices and fees due for Services purchased or
obtained
at this Site at the time you order the Services.
Company expressly reserves the right to change or modify its prices and fees
at any
time, and such changes or modifications shall be posted online at this Site and effective immediately
without need for further notice to you.
Except as expressly provided in these Terms, all charges and payments are
non-refundable, non-cancellable, and non-creditable, even if your Services are suspended, terminated, or
transferred prior to the end of the Services term.
13. No third-party beneficiaries
Nothing in this Agreement shall be deemed to confer any third-party rights or
benefits.
14. Compliance with local laws
Company makes no representation or warranty that the content available on
this Site
are appropriate in every country or jurisdiction, and access to this Site from countries or
jurisdictions
where its content is illegal is prohibited. Users who choose to access this Site are responsible for
compliance with all local laws, rules and regulations.
15. Governing law
This Agreement and any dispute or claim arising out of or in connection with
it or
its subject matter or formation shall be governed by and construed in accordance with the laws of
Netherlands, Utrecht, to the exclusion of conflict of law rules.
16. Dispute resolution
The courts of Netherlands, Utrecht shall have exclusive jurisdiction to
settle any
dispute or claim that arises out of or in connection with this agreement or its subject matter or
formation.
17. Titles and headings
The titles and headings of this Agreement are for convenience and ease of
reference
only and shall not be utilized in any way to construe or interpret the agreement of the parties as
otherwise
set forth herein.
18. Severability
Each covenant and agreement in this Agreement shall be construed for all
purposes
to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any
provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise
unenforceable,
the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and
shall be found to be valid and enforceable to the fullest extent permitted by law.
19. Contact information
If you have any questions about this Agreement, please contact us by email or regular mail at the following address:
Quantaleap B.V.Kaap Hoorndreef 66
Netherlands
support@quantaleap.eu