Terms of Services
- Introduction
- Please read these Terms of Use carefully before using our website ("our Site") operated by Underground Internet Company ("QH tube").
- In particular, we draw your attention to paragraphs 10 (Applicability of online materials), paragraph 13 (Content and Intellectual Property Rights) and paragraph 18 (Liability).
- Without prejudice to the above, by using or accessing our Site, you agree to be legally bound by these Terms of Use of use as they apply to your use of or access to our Site.
- If you do not wish to be bound by these Terms of Use then you may not use our Site.
- Nature of our Site
- Our Site is a place for you to upload, download and organize information ("the Services"). Services for sale are subject to the specific terms set out in paragraph 3.
- Please note that the contents of our Site are aimed at users aged 18 years and above, and you must be over 18 years to purchase the Services, using the payment method displayed on our Site.
- Buying Services on our Site
- To order Services you will need to follow the ordering procedures set out on the relevant order page.
- Details of the prices for the Services, and the procedures for payment and delivery are displayed on or through our Site. The price of any Service is the price in force at the date and time of your order. The price of any Service may change before you place an order. We try to ensure that the prices displayed on our Site are accurate but the price on your order will need to be validated by us as part of the acceptance procedure (see paragraph 3.6). We will inform you if a Service\'s correct price is higher than that stated in your order and you may cancel the order and decide whether or not to order the Services at the correct price.
- You undertake that all details you provide to us for the purpose of purchasing goods or services which may be offered by us on our Site will be correct, that the credit or debit card which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any goods or services. We reserve the right to obtain validation of your credit or debit card details before providing you with any goods or services.
- We may suspend our services to you in the event that sums due for services requested are overdue and we may terminate this contract on 7 days notice in the event that charges are more than 14 days overdue.
- You must pay for the Services by credit or debit card at the time of the order, at which time you will be notified of the current price.
- QH tube is entitled to refuse any order placed by you. If your order is accepted, we will confirm acceptance to you by online electronic means ("Confirmation") to the e-mail address you have given us on ordering. The order will then be fulfilled by the date set out in the Confirmation or, if the Confirmation does not contain such a date, within 30 days.
- You may not cancel this contract once we commence our the Services to you, and as such you forego your rights that you otherwise may have to cancel this contract under the Consumer Protection (Distance Selling) Regulations 2000 as amended.
- Accuracy of Information
- It is your duty to ensure that information contained in anything you send to us is accurate and does not breach any third parties\' rights including trade mark, database right, copyright or other intellectual property rights nor is libelous, obscene, menacing, threatening, offensive, abusive, fraudulent, criminal nor infringes the rights of other people such as privacy rights or is in any way illegal or unlawful. Bear in mind that the information you send to us will be published on our Site and can be viewed world-wide.
- It is your responsibility to verify, independently, any information before sending it to us.
- We try to ensure that all information on our Site is accurate but if you find any inaccuracies let us know and we will correct them as soon as practicable, if we agree.
- We make no representations that information appearing on our Site is accurate, up to date or complete and we accept no liability for any loss or damage caused by anything inaccurate or misleading appearing upon our Site which, in particular, may contain statistical data which may have inaccuracies or errors in it.
- We shall not be liable for and make no warranties in relation to our Site or its content, to the fullest extent that such liabilities can be excluded by law.
- We do not accept any information relating to the sale of goods or services and if any such information should appear upon our Site it is entirely the responsibility of the party posting such information to comply with all applicable laws in relation to any related sale and such party, by posting such information, agrees to indemnify us in full against any claim or liability arising in connection therewith.
- Any views expressed in messages on the Site are not necessarily those of QH tube or anyone connected with QH tube.
- Posting of Information on our Site
- Information sent to us anonymously is not accepted.
- Copies must be retained of all postings and other information you send to us electronically, through our Site or otherwise.
- By sending us information you waive your moral rights to be identified as author of it and also give us license to modify such information. It may, for example, be necessary to condense the information or otherwise alter it to fit our Site.
- If you have any specific requirements as to the use to which we can put the information this must be stated in advance and we have the right to reject it.
- We will assume that any information received is for publication on our Site and such other use as QH tube in its absolute discretion may deem fit upon an exclusive, royalty-free, and perpetual basis.
- We have the absolute right at our sole discretion to reject or to remove any information from our Site.
- Complaints
- If you have any complaints, you should direct them to us via e-mail at info@QuarterHorseTube.com In the event that we cannot resolve your complaint between ourselves, the dispute resolution clause at paragraph 21 shall apply.
- Modifications to Site
- We reserve the right to alter, suspend or discontinue any aspect of our Site or the content or services available through it, including your access to it, in our complete discretion. Unless stated otherwise, any new features including new content, and/or the sale of new Services shall be subject to these Terms of Use.
- Information you Provide
- The following applies to any information you provide to us, for example during any registration or ordering process:
- you authorize us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address, to the extent reasonably necessary to provide the services which are available through our Site by us or our sub-contractors. If you obtain or choose to purchase Services through our Site then we may collect information about your buying behavior and if you send us personal correspondence such as e-mails or letters then we may collect this information into a file specific to you (together, the various purposes set out in this paragraph and all in our privacy policy shall be known as "the Purposes"). All such information collected by us shall be referred to in these Terms of Use as "Personal Information";
- you must ensure that the Personal Information you provide is accurate and complete and that all ordering or registration details (where applicable) contain your correct name, address and other requested details. For more information about how we deal with your Personal Information, please read our privacy policy.
- Processing and Disclosure Rights
- By accepting these Terms of Use, you agree to the processing and disclosure of the Personal Information for the Purposes. You also agree that the Purposes may be amended to include other uses or disclosures of Personal Information following notification to you by means of a notice on our Site, which you should check regularly. If you would like to review or modify any part of your Personal Information then you should send you initial e-mail enquiry to us at. info@QuarterHorseTube.com We may charge a small administrative fee for making such information available to you. Your personal information may be stored on servers outside the EEA in the United States which may not protect your personal data and you consent to processing and storage of your data in this way.
- Security
- You are solely responsible in all respects for all use of and for protecting the confidentiality of any username and password that may be given to you or selected by you for use on our Site. You may not share these with or transfer them to any third parties. You must notify QH tube immediately of any unauthorized use of them or any other breach of security regarding our Site that comes to your attention.
- Applicability of Online Materials
- Personal Use
- Unless otherwise stated, text on our Site is presented solely for your private, personal and non-commercial use.
- No Copying
- You may not download, print or store any such material or send or show any copy thereof to anyone who is not a member of your immediate family or friend. In the event of any breach of this term:
- you will be liable to indemnify QH tube and any of its suppliers against any damage (including costs on an indemnity basis) which they or any of them may suffer as a result of such breach; and
- You may be denied any further use of our Site.
- Third Party Materials
- Our Site is controlled and operated by us. Where content published on the Site is supplied by third parties, you understand that we do not control or endorse their contents in any way. All content which is offered by third parties that are not affiliated with or otherwise connected with us, is published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on or off-line) and the use of such content, except for content which relates directly to Services you purchase. You assume total responsibility and risk for your use of our Site and use of all information contained within it. This will not affect any rights which you may have under warranties or otherwise against the manufacturers or suppliers.
- Compliance with Law
- We have used our best endeavors to ensure that our Site complies with USA law. However, we make no representations that the materials on our Site are appropriate or available for use in locations outside the USA.
- Content and Intellectual Property Rights
- You shall indemnify and keep QH tube fully indemnified against all losses, liabilities, costs and expenses in respect of claims on the grounds that the content uploaded or any part thereof or anything done by the QH tube hereunder infringes any Intellectual Property Right and without limitation any other right, or violates any obligation of confidentiality or limitation of use covering know-how of any third party, or is defamatory, obscene, blasphemous or illegal in any jurisdiction.
- Exclusion of Warranties
- QH tube makes no warranties, express or implied that making the Services available in any particular jurisdiction outside the USA is permitted under any applicable non-USA laws or regulations. Accordingly, if making the Services or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, those Services are not offered for sale to you. You accept that if you are resident outside the USA, you must satisfy yourself that you are lawfully able to purchase the Services. QH tube accepts no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the Services by persons in jurisdictions outside the USA or who are nominees of or trustees for citizens, residents or nationals of other countries.
- Copyright and Monitoring
- The contents of our Site are protected by international copyright laws and other intellectual property rights. The owner of these rights is QH tube or other third party licensors. All product and company names and logos mentioned in our Site are the trade marks, service marks or trading names of their respective owners, including us. You may download material from our Site for the sole purpose of placing an order with FlixFocus or using our Site as a shopping resource. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our Site including but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly invited to do so, for example in order to complete any test or questionnaire.
- Linking and Use of Cookies
- Linked Sites
- QH
tube makes no representations whatsoever about any other websites which
you may access through our Site or which may link to our Site. When
you access any other Site you understand that it is independent from
QH tube and that we have no control over the content or availability
of that Site. In addition, a link to any other site does not mean that
QH tube endorses or accepts any responsibility for the content, or the
use of, such a Site and shall not be liable for any loss or damage caused
or alleged to be caused by or in connection with use of or reliance
on any content, goods or services available on or through any other
Site or resource. Any concerns regarding any external link should be
directed to its Site administrator or web master.
- Use of Cookies
- As a result of viewing this Site some information may become stored upon your computer. This information may be in the form of a "cookie" or similar file which may help QH Tube in many ways for instance to improve the content of the Site or to improve the matching of users interests or preferences. If you do not want a cookie to be stored in your computer, most Internet browsers have functions to erase cookies from the computer\'s hard drive or to block all cookies or to receive a warning before a cookie is stored. You are welcome to use such facilities to prevent the installation of any cookie but by accessing our Site you consent to QH tube\'s use of any information gathered for the purposes mentioned above. You must enable cookies to use secure areas of our Site. If you do not wish to do so, please do not use our services.
- Availability of our Site
- We will try to make our Site available but cannot guarantee that our Site will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our Site and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, Site, router or any other internet connected device.
- Liability
- Warranties
- All
Services you purchase from our Site irrespective of whether we are the
seller or not will be covered by such guarantees and warranties as are
provided by the provider of the service and we accept no liability for
them. All other express or implied terms, conditions, warranties, representations
or endorsements whatsoever with regard to the Services, our Site or
any information or service provided through our Site are strictly excluded.
We will do our best to ensure that all materials and information published
on our Site are accurate, but please note that all materials and information
on our Site are provided on an "as is" basis.
- Exclusion of Liability
- In
relation to the purchase of Services, we accept no liability for any
indirect or consequential loss or damage, or for any loss of data, profit,
revenue or business (whether direct or indirect), however caused, even
if foreseeable. In circumstances where you suffer loss or damage arising
out of or in connection with the viewing, use or performance of our
Site or its contents other than as a direct result of purchasing Services,
we accept no liability for this loss or damage (except where we have
been negligent) whether due to inaccuracy, error, omission or any other
cause and whether on the part of QH tube or our servants, agents or
any other person.
- Limit of Liability
- If
we are liable to you for any reason, our liability will be limited to
the amount paid by you for the Service concerned. This limit does not
apply to any liability we may have for death or personal injury resulting
from our negligence.
- User\'s Responsibilities
- You
are responsible for ensuring that your computer system meets all relevant
technical specifications necessary to use our Site and is compatible
with our Site. You also understand that we cannot and do not guarantee
or warrant that any material available for downloading from our Site
will be free from infection, viruses and/or other code that has contaminating
or destructive properties. You are responsible for implementing sufficient
procedures and virus checks (including anti-virus and other security
checks) to satisfy your particular requirements for the accuracy of
data input and output.
- Legal Limitations
- The
limitations and exclusions in this clause only apply to the extent permitted
by applicable law.
- General
- Alterations
- We
may alter these Terms of Use from time to time and post the new version
on our Site, following which all use of our Site will be governed by
that version. You must check the Terms of Use on the Site regularly.
- Entire Agreement
- These
Terms of Use and any order form and payment method instructions are
your whole agreement in relation to QH tube. You acknowledge that you
have not entered into this agreement in reliance upon any warranty or
representation made by QH tube or any other person and you waive any
rights to damages/rescission you may have for misrepresentation (other
than a fraudulent misrepresentation) that is not contained in the relevant
terms of use, order form and payment method instructions.
- Illegality
- If
any provision or term of these Terms of Use shall become or be declared
illegal, unlawful, invalid or unenforceable for any reason whatsoever,
such term or provision shall be divisible from the other terms and conditions
and shall be deemed to be deleted from them.
- Jurisdiction
- These
Terms of Use and your use of our Site are governed by English law and
you irrevocably submit to the exclusive jurisdiction of English courts.
- Causes beyond Control
- Neither
you nor FlixFocus will be held liable for any failure to perform any
obligation to the other due to causes beyond your or QH tube’s respective
reasonable control.
- No Waiver
- Failure
by either party to exercise any right or remedy under this agreement
does not constitute a waiver of that right or remedy.
- Notices
- All notices shall be given:
- to us via e-mail at info@QuarterHorseTube.com or
- to you at either the e-mail or postal address you provide during any ordering process.
- Notice will be deemed received when an e-mail is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.
- Dispute Resolution and Mediation
- The parties agree to use their best efforts to negotiate in good faith and settle amicably any dispute that may arise out of or relate to this Agreement or a breach thereof. If any such dispute cannot be settled amicably through ordinary negotiations by appropriate representatives of the customer and QH tube, the dispute shall be referred to the Chief Executive Officer of QH tube who shall meet either electronically or physically in order to attempt to resolve the dispute. If any such meeting fails to result in a settlement, the matter at the election of either party may be submitted for resolution to a court of competent jurisdiction after 30 days.