Terms of Service

Welcome to Qajack

These Terms of Service govern your access to and use of the Qajack website (the "Site"), any of the information, text, graphics, videos or other materials created or provided by us and appearing on the Site, (the "Qajack Content"), and any services provided through the Site or by us (the "Services"), the ability to create, post and playback videos on third party sites via use of our video comment plug-ins, via the embeddable stand-alone player or other technologies we may provide (collectively, the "Applications"), except where expressly noted. Your access to and use of the Site, Qajack Content, Services, Applications and/or User-Generated Content (as defined below) are expressly conditioned on your compliance with these Terms of Service. By accessing or using Site, Qajack Content, Services, Applications or User-Generated Content (unless otherwise noted, collectively referred to as "Qajack") you agree to be bound by these Terms of Service.

These Terms of Service apply to the beta version of Qajack, as well as any enhancements that we may choose to offer from time to time unless such enhancements are governed by separate agreements.

1. Your Ability to Accept these Terms of Service

You acknowledge and agree that you are more than 18 years of age and are fully able to enter into the terms, conditions, obligations, acknowledgements, representations, and warranties set forth in these Terms of Service. You agree that you will adhere to and comply with terms set forth herein. As Qajack is not intended for users under 18, you may not use Qajack if you are under 18 years of age.

2. Privacy

See our Privacy Policy for information and notices concerning our collection and use of your personal information.

3. Guard Your Password

When you register on the Site, you will create a new password for use with your account. You are responsible for safeguarding the password that you use to access any secure areas of the Site. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your password.

4. User-Generated Content

All information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials that you and/or other users post, upload, link to and/or otherwise submit to the Site or through the Services or the Applications (collectively referred to as "User-Generated Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such User-Generated Content originated. You are entirely responsible for all of the User-Generated Content that you upload, post, email, transmit or otherwise make available via the Site, the Services or the Applications. We do not monitor or control User-Generated Content posted and we take no responsibility for such content.

We do not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any User-Generated Content or endorse any of the opinions expressed therein. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto. You acknowledge that any reliance on User-Generated Content will be at your own risk.

You understand that by using or accessing Qajack you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate material, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will we be liable in any way for any content or communications, including, but not limited to, any errors or omissions in any form of User-Generated Content, or any loss or damage of any kind incurred as a result of the use of any Qajack Content or User-Generated Content posted, emailed, transmitted or otherwise made available on the Site, via the Service or the Applications.

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any User-Generated Content, such as User-Generated Content which violates these Terms of Service. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce these Terms of Service, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to member support requests, or (e) protect our rights, property or safety, and that of our users and the public. We will not be responsible or liable for the exercise or non-exercise of its rights under these Terms of Service.

5. Your Property Rights and the Licenses You Grant to Qajack

Except where stated otherwise in these Terms of Service or elsewhere on the Site (see "Third Parties: Content Producers and Websites," below), we claim no ownership or control over any User-Generated Content. You retain any and all trademark rights and copyright to any User-Generated Content that you submit, post or display on or through the Site or the Services and you are responsible for protecting those rights.

While you own all of your own User-Generated Content, you hereby grant us, our licensees of the Applications and business partners a non-exclusive, worldwide, royalty-free, sub-licensable, perpetual and irrevocable right and license to use and exploit your User-Generated Content for any purpose. Furthermore, you hereby grant us, our licensees of the Applications and business partners the right to publicly exhibit, display, reproduce, store, distribute, alter or make other use of videos, photographs, images or likenesses of you, or in which you may be included with others. You consent to such uses in any medium now known or developed in the future, including photographs, video, slide shows, Internet images or other mediums, means of storage or distribution. You agree that such images and likenesses of you can be used with or without your name. You give this permission without any limitation whatsoever. In consideration of the opportunity to have your image, likeness and/or name used as set forth above, you agree to release and discharge us, our licensees of the Applications and business partners from any claims, actions and demands of any nature, including but not limited to any claims of libel, infringement of the right of publicity, invasion of privacy, portrayal in a false light, or other claim, based on or arising out of or in connection with the above-stated uses of images of you or your image, likeness or name.

In granting these license to us, our licensees of the Applications and business partners, you represent and warrant that you own or have the necessary licenses, rights, consents, power, authority and permissions to grant these licenses, which include but are not limited to any third party rights that are required as a result of the subject matter of your User-Generated Content.

6. Qajack Property

Other than your own User-Generated Content, we own all right, title and interest, including all worldwide intellectual property rights in the Site, Qajack Content, Services, and Applications contained therein. The Site, Qajack Content, Services, and Applications are protected by copyright, trademark, and other laws of both the English Courts and foreign countries. Except as expressly permitted in these Terms of Service, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, or otherwise use the Site, Qajack Content or Services. You may not copy or modify the HTML code used to generate web pages on the Site. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in, or accompanying any portion of, Qajack or related products and services. Other than explicitly stated herein, you may not make any commercial use of the Site, Qajack Content and Services without Qajack’s prior written approval.

7. The Applications

We provide Applications, such as the video comment plug-ins and the embeddable stand-alone player, to give users the ability to create, post and playback videos on third party sites. We are willing to license the Applications to you only upon the condition that you accept these Terms of Service. By installing, using or accessing the Applications, you agree to be bound by these Terms of Service. If you do not accept these Terms of Service, then we are unwilling to license the Applications to you.