1. Your Use of the Site
You may freely browse the Site and not use the Services, but you may only access, download or use information from the Site, including any text, images, audio, and video (the “Content”) for your own non-commercial use. You may not distribute, modify, transmit, reuse, repost, or use the Content for commercial purposes without written permission of Quokka. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You should assume that everything you see or read on the Site is copyrighted unless otherwise noted and may not be used except as provided in these Terms or in the text on the Site without the written permission of Quokka. Except as otherwise permitted in this paragraph, Quokka neither warrants nor represents that your use of Content will not infringe rights of third parties not owned by or affiliated with Quokka. With the exception of the foregoing limited authorization, no license to or right in the Content, or any copyright of Quokka or of any other party is granted or conferred to you.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, derive the source code of, or in any way exploit the Site or Services or the Content. You further agree not to:
- publish and/or make any use of the Site or Service on any website, media, network or system other than those provided by us, and/or frame, “deep link,” “page scrape,” mirror and/or create a browser or border environment around any of the Site or (or any part thereof);
- use any “robot,” “spider” or other automatic device, program, script, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or Services (or any of its data), or in any way reproduce or circumvent the navigational structure or presentation of any of the Site or Services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the Site or Services;
- purchase search engine or other pay-per-click keywords (such as Google AdWords), or domain names that use our name or the Quokka Trademarks and/or variations and misspellings thereof;
- reverse look-up, trace or seek to trace another user of the Site or Services, or otherwise interfere with or violate any other user’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the Site or Services without their express and informed consent;
- disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the Site or Services or the account of another user or any other systems or networks connected to the Site or Services, by hacking, password mining, or other illegitimate or prohibited means;
- probe, scan or test the vulnerability of the Site or Services or any network connected to the Services;
- upload to the Site or Services or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
- take any action that may impose an unreasonable or disproportionately large load on the infrastructure of the Site or Services or our systems or networks connected to the Site or Services, or otherwise interfere with or disrupt the operation of the Site or Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks; or
- use the Site or any of the Services in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters,” “pyramid schemes” or similar conduct, or otherwise engage in unethical marketing or advertising.
2. Additional Terms
We may offer additional features, applications, services and mobile applications through the Site, (collectively, the “Services”). Additional terms (“Additional Terms”) may apply to the use of such Services when you register for or order the same. To the extent you are using the Site to access and use the Services, these Terms will also apply to your use of the Services, except to the extent modified by the Additional Terms.
3. Trademarks and Proprietary Rights
The trademarks, service marks, and logos of Quokka (the “Quokka Trademarks”) used and displayed on the Site are owned by Quokka. Other company, product, and service names located on the Site may be trademarks or service marks owned by third-parties (the “Third-Party Trademarks”, and, collectively with Quokka Trademarks, the “Trademarks”). Nothing on the Site or in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the prior written consent of Quokka specific for each such use. The Trademarks may not be used to disparage Quokka or the applicable third-party, Quokka’s products or services or third-party’s products or services, or in any manner that may damage any goodwill in Quokka Trademarks. Use of any Trademarks as part of a link to or from any website is prohibited without Quokka’s prior written consent. All goodwill generated from the use of any of Quokka Trademarks shall inure to Quokka’s benefit.
4. Disclaimer of Warranties and Limitation of Liability
THE SITE, SERVICES AND THE CONTENT ARE PROVIDED TO YOU “AS IS,” “WITH ALL FAULTS” AND ON AN “AS AVAILABLE” BASIS AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE, AND ANY WARRANTIES THAT THE SERVICE IS CURRENT AND/OR UP-TO-DATE ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY QUOKKA (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNEES) AND ITS LICENSORS.
THERE IS NO WARRANTY, REPRESENTATION, OR GUARANTEE THAT THE SITES OR SERVICES, OR YOUR USE OF THE SITE OR SERVICES, WILL BE UNINTERRUPTED, COMPLETE, ACCURATE, CURRENT, RELIABLE, ERROR-FREE, SECURE, OR THAT ANY PROBLEMS WILL BE CORRECTED, OR THAT THE SERVICE, OR ANY INFORMATION, SOFTWARE, OR OTHER MATERIAL ACCESSIBLE FROM THE SITE OR SERVICES, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATION REGARDING THE USE OF, OR THE RESULTS OF THE USE OF, THE SERVICE AND YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE, AND YOUR RELIANCE THEREON.
NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, NEITHER QUOKKA NOR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, OR ASSIGNS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER INDIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS, LOST SAVINGS, OR LOSS OF DATA) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE SITE OR SERVICES, AND/OR ANY LINKED WEBSITE, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES. QUOKKA’S MAXIMUM AGGREGATE LIABILITY TO YOU SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100). NEITHER QUOKKA NOR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, OR ASSIGNS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES WILL HAVE ANY LIABILITY TO YOU FOR ANY DAMAGES, EXPENSES, OR OTHER LIABILITY INCURRED BY YOU AS A RESULT OF ANY INACCURACY, INCOMPLETENESS, OR MISREPRESENTATION OF ANY INFORMATION, CONTENT, POSTINGS, OR SUBMISSIONS PROVIDED OR POSTED ON THE SITE OR SERVICES BY THIRD PARTIES.
You agree to defend, indemnify and hold harmless Quokka and affiliates and their respective officers, directors, employees, agents and licensees from any and all liability including costs, expenses, the costs of enforcing any right to indemnification hereunder and any insurance provider and attorneys’ fees brought against Quokka by any third party arising out of or are related to your violation of these Terms, or your use of the Services. Quokka reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder. No settlement that affects the rights or obligations of Quokka may be made without Quokka’s prior written approval.
Quokka agrees to indemnify you for any direct damages that you suffer arising out of or related to any suit, action of proceeding by a third party to the extent such direct damages arise from a claim that your use of the Site in compliance with these Terms infringes a third party’s U.S. patent, copyright or trademark right.
6. Links to Third Party Websites
You may find advertising or other content on the Site that link to the sites of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from the Site. In addition, these sites, including their content and links, may be constantly changing. These sites may have their own terms and conditions. Browsing and interaction on any other website, including websites that have a link to the Site, is subject to that website’s own terms and policies.
Quokka has the discretion to update these Terms at any time. We will endeavor to notify users with accounts of material changes to the Terms by email to the email address in their account. We also encourage users to frequently check this page for any changes. You acknowledge and agree that it is your responsibility to review these Terms periodically and become aware of modifications. Any use of the Site or Services after posting of the modifications constitutes your acceptance of the modifications.
Quokka reserves the right, in its sole discretion, to terminate your access to the Site and the related Services or any portion thereof at any time, without notice and without cause, except where prohibited by law.
9. International Users
The Site and Services are controlled, operated, and administered by Quokka from our offices within the USA. If you access the Services from a location outside the USA, you are responsible for compliance with all local laws and consent to the transfer of your personal information to the USA, which may have less protections than your jurisdiction of residence. You agree that you will not use the Site or the Services accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
These Terms and any other Quokka policies or Additional Terms referenced herein constitute the entire agreement of the parties with respect to its subject matter. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. These Terms and all matters arising out of or relating to these Terms will be governed by the internal laws of the State of California, without giving effect to any choice of law rule. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sales of Goods, the application of which is expressly excluded. In the event of any controversy, claim or dispute between the parties arising out of or relating to these Terms, such controversy, claim, or dispute may be tried solely in a state or federal court for Santa Clara County, California, and the parties hereby irrevocably consent to the jurisdiction and venue of such courts.
11. Contacting Quokka
If you have any questions about these Terms, please contact us at [email protected].