Sqeeqee.com Terms of Service5/29/2018
Sqeeqee Inc ("Sqeeqee" or "we") operates Sqeeqee.com, which is a social networking platform that allows those that have registered with Sqeeqee (our “Members”) to create unique personal profiles online in order to find and communicate with old and new friends, generate individual advertising revenue, sell or exchange goods or services, donate to charities, play games, and many other useful activities. The services offered by Sqeeqee include any Sqeeqee-branded URL (the "Sqeeqee Website" or “this website”), Sqeeqee messaging services (including, without limitation, instant messaging, private messaging, and email services), Sqeeqee music and video services, Sqeeqee developer services, Sqeeqee mobile services, and any other features, content, or applications offered from time to time by Sqeeqee in connection with Sqeeqee's business (collectively, the "Sqeeqee Services"). The Sqeeqee Services are hosted in the United States.
WE MAY MODIFY THE POLICY FROM TIME TO TIME AND POST MODIFICATIONS HERE. ANY MODIFICATIONS WILL BE DATED AND WILL TAKE EFFECT TEN (10) DAYS AFTER BEING POSTED. YOUR CONTINUED USE OF THE SITE AFTER TEN (10) DAYS HAVE PASSED FROM ANY MODIFICATION CONSTITUTES YOUR ACCEPTANCE OF THE MODIFICATION.
3. User Eligibility
Use of the Sqeeqee Services and registration to be a Member for the Sqeeqee Services ("Membership") is void where prohibited. By using the Sqeeqee Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; (d) at least 18 years of age if selling and or purchasing goods or services; (e) you are not a convicted sex offender; and (f) your use of the Sqeeqee Services does not violate any Applicable Law. If we believe you have violated our eligibility requirements, we reserve the right to delete your profile and terminate access, and take any action we deem appropriate, in order to maintain the high quality of our service.
You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. Sqeeqee may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Furthermore, Sqeeqee reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including, without limitation, private messages, emails, and instant messages (collectively, "messages") offering or contracting for goods or services (if under 18 years of age) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the Sqeeqee Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. In addition, Sqeeqee reserves the right, in its sole discretion, to reassign or rename your profile URL. Sqeeqee expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Sqeeqee Services if Sqeeqee determines, in its sole discretion, that you have violated this Agreement or pose a threat to Sqeeqee, its employees, business partners, Users and/or the public.
It is always free to register as a member and user on Sqeeqee. However, you acknowledge that Sqeeqee reserves the right to charge for any portion of the Sqeeqee Services in a number of our features and to change its fees (if any) from time to time in its discretion. If Sqeeqee terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any). Specific fees relating to each of the Sqeeqee Services are detailed here: Sqeeqee’s Fees & Monetization Info.
6. Security and Confidentiality
When you register to become a Member, you will have an account and be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password and account information. You are fully responsible for all conduct carried out under this password and account. We are not liable for any loss or damages arising from your failure to comply with these terms. WE ARE NOT RESPONSIBLE FOR ANY HARM THAT YOU OR ANY PERSON MAY SUFFER AS A RESULT OF A BREACH OF CONFIDENTIALITY WITH RESPECT TO YOUR USE OF THIS SITE. You will promptly report any unauthorized use of your password or account to us.
7. Commercial Use by Members
The Sqeeqee Services are for the personal use of Members and may only be used for direct commercial purposes if they are specifically endorsed or authorized by Sqeeqee. Sqeeqee reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the Sqeeqee Services, including, without limitation, collecting usernames, user id numbers, and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Sqeeqee Services, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements or affiliate links that relate to illegal products, products that are of an adult nature or otherwise violate this Agreement, and forms of unauthorized data collection or solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. Sqeeqee reserves the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Sqeeqee Services.
Sqeeqee does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you transmit, submit, display or publish ("post") on, through or in connection with the Sqeeqee Services. After posting your Content on, through or in connection with the Sqeeqee Services, you continue to retain any such rights that you may have in your Content, subject to the following limited license.
By posting Content, you grant Sqeeqee a non-exclusive (meaning you are free to license your Content to anyone else in addition to Sqeeqee) license to use the material, as well as derivative works based on the material, throughout the universe in all media and formats, which is sublicensable (so that Sqeeqee is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the Sqeeqee Services), and fully-paid and royalty-free (meaning that Sqeeqee is not required to pay you or anyone else deriving rights from you for the use on the Sqeeqee Services of the Content that you post).
Content you mark "private" will not be distributed by Sqeeqee outside the Sqeeqee Services and Linked Services. If after we have distributed your Content outside of the Sqeeqee Services, you change the Content's privacy setting to "private," we will cease distribution of such "private" Content outside of the Sqeeqee Services as soon as practicable after you make the change.
After you remove your Content from the Sqeeqee Services we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. Notwithstanding the foregoing, you understand and agree that once Content is distributed to a Linked Service or incorporated into other aspects of the Sqeeqee Services, Sqeeqee is under no obligation to delete or ask other Users or a Linked Service to delete that Content, and therefore it may continue to appear and be used indefinitely.
Nothing contained in this website shall be construed as conferring any license or right, expressly, by implication, by estoppel or otherwise, to any of our intellectual property rights, or to the intellectual property rights of any content provided by a third party licensor that is not a User (“Third Party Licensor”). Except as otherwise provided within this Agreement, or directly authorized by Sqeeqee and/or a Third Party Licensor on the Sqeeqee Services (e.g., as part of a promotion that encourages you to download specific content provided by a Third Party Licensor for your use in connection with such promotion) you may not copy, download, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell or otherwise use any User Content appearing on or through the Sqeeqee Services.
The Sqeeqee Services contain content of Sqeeqee (“Sqeeqee Content). Sqeeqee Content is protected by copyright, trademark, patent, trade secret and all other applicable laws, and Sqeeqee owns and retains all rights in the Sqeeqee Content and the Sqeeqee Services. In addition, the names, images and other indicia identifying our Sqeeqee Services are our proprietary marks and “Sqeeqee” is a trademark of Sqeeqee Inc. All other copyrights, trademarks and other intellectual property rights referred to in this website belong to their respective owners.
10. User Conduct
You represent and warrant that: (i) you own the Content posted by you on, through or in connection with the Sqeeqee Services, or otherwise have the right to grant the license set forth in above in Section 8, and (ii) the posting of your Content on, through or in connection with the Sqeeqee Services and/or Linked Services does not violate the terms of this Agreement, or the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any Conten posted posted by you on or through the Sqeeqee Services and/or Linked Services.
11. Considerations for Posted Content
Please choose carefully the information that you post on, through or in connection with the Sqeeqee Services and that you provide to other Users. You are solely responsible for the Content that you post on, through or in connection with any of the Sqeeqee Services, and any material or information that you transmit to other Members and for your interactions with other Users. SQEEQEE HAS NO LIABILITY FOR INFORMATION OR MATERIAL YOU POST OR FOR YOUR INTERACTIONS WITH OTHER USERS.
You should be aware that you may be sued if you post statements that are untrue or, even if true, are found to be offensive or objectionable to a reasonable person and which are not of legitimate public concern. There is much debate in the courts as to what can be posted or communicated in this regard. You can also be sued if you post materials that infringe others’ copyright or other intellectual property rights.
Sqeeqee may reject, refuse to post or delete any Content for any or no reason, including, but not limited to, Content that in the sole judgment of Sqeeqee violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Sqeeqee assumes no responsibility for monitoring the Sqeeqee Services for inappropriate Content or conduct. If at any time Sqeeqee chooses, in its sole discretion, to monitor the Sqeeqee Services, Sqeeqee nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
If you become aware of inappropriate content or misuse of the Sqeeqee Services by any person or Linked Service, please click on the "Contact Sqeeqee" from the login page of the Sqeeqee Website pages.
12. Prohibited Content
Prohibited Content includes, but is not limited to, Content that, in the sole discretion of Sqeeqee:
12.1. is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual;
12.2. harasses or advocates harassment of another person;
12.3. exploits people in a sexual or violent manner;
12.4. contains nudity, excessive violence, offensive subject matter or link to an adult website;
12.5. solicits or is designed to solicit personal information from anyone under 18;
12.6. publicly posts information that poses or creates a privacy or security risk to any person;
12.7. constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
12.8. constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
12.9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
12.10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
12.11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
12.12. solicits or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other Users;
12.13. involves commercial activities beyond the simple offering, selling, or exchanging of goods or services and/or sales without prior written consent from Sqeeqee such as contests, sweepstakes, barter, advertising, or pyramid schemes;
12.14. includes a photograph or video of another person that you have posted without that person's consent;
12.15. uses sexually suggestive imagery or any unfair, misleading or deceptive Content intended to draw traffic to the profile; or
12.16. violates or attempts to violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
Sqeeqee reserves the right to investigate and take appropriate legal action against anyone who, in Sqeeqee's sole discretion, violates this provision, including, without limitation, removing the offending Content from the Sqeeqee Services, terminating the Membership of such violators and/or reporting such Content or activities to law enforcement authorities.
13. Prohibited Activity
Prohibited activity includes, but is not limited to, activity that, in the sole discretion of Sqeeqee constitutes:
13.1. criminal or tortious activity, including, but not limited to, child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, defamation, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
13.2. transmitting any chain letters or junk email to other Members. In order to protect our Members from such acts, Sqeeqee reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Sqeeqee deems appropriate in its sole discretion. If you breach this Agreement and send or cause to send (directly or indirectly) unsolicited bulk messages, status or mood updates, bulletins or other unauthorized commercial communications of any kind through the Sqeeqee Services, you acknowledge that you will have caused substantial harm to Sqeeqee, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Sqeeqee $50 for each actual or intended recipient of such unsolicited message, status or mood update, bulletin or other unauthorized commercial communication you send through the Sqeeqee Services;
13.3. circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Sqeeqee Services;
13.4. activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
13.5. modifying, copying, distributing, downloading, scraping or transmitting in any form or by any means, in whole or in part, any Content from the Sqeeqee Services other than your Content which you legally post on, through or in connection with the Sqeeqee Services;
13.6. providing or using "tracking" or monitoring functionality in connection with the Sqeeqee Services, including, without limitation, to identify other Users' views, actions or other activities on the Sqeeqee Services;
13.7. covering or obscuring the banner advertisements and/or safety features (e.g., report abuse button) on your personal profile page, or any Sqeeqee page via HTML/CSS or any other means;
13.8. any automated use of the system, such as, but not limited to, using scripts to add friends or send comments, messages, status or mood updates, blogs or bulletins;
13.9. interfering with, disrupting, or creating an undue burden on the Sqeeqee Services or the networks or services connected to the Sqeeqee Services;
13.10. impersonating or attempting to impersonate Sqeeqee or a Sqeeqee employee, administrator or moderator, another Member, or person or entity (including, without limitation, the use of email addresses associated with or of any of the foregoing);
13.11. for band, comedy, filmmaker and other profiles containing a Sqeeqee player, copying the code for your Sqeeqee Player and embedding it (or directing others to embed it) anywhere other than in your band profile on Sqeeqee;
13.12. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
13.13. selling or otherwise transferring your profile, your email address or URL;
13.14. using or distributing any information obtained from the Sqeeqee Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;;
13.15. relaying email from a third party's mail servers without the permission of that third party;
13.16. using invalid or forged headers to disguise the origin of any Content transmitted to or through Sqeeqee's computer systems, or otherwise misrepresenting yourself or the source of any message or Content;
13.17. using any automated system, including, but not limited to, scripts or bots in order to harvest email addresses or other data from the Sqeeqee Website for the purposes of sending unsolicited or unauthorized material;
13.18. engaging in, either directly or indirectly, or encouraging others to engage in, click-throughs generated through any manner that could be reasonably interpreted as coercive, incentivized, misleading, malicious, or otherwise fraudulent; or
13.19. using the Sqeeqee Services in a manner inconsistent with any and all Applicable Law.
Sqeeqee reserves the right to investigate and take appropriate legal action against anyone who, in Sqeeqee's sole discretion, violates this provision, including, without limitation, terminating your Membership and/or reporting such activity or Content to law enforcement authorities.
14. Protecting Copyrights and Other Intellectual Property
Sqeeqee respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. It is Sqeeqee's policy to terminate, in appropriate circumstances, the membership of repeat infringers.
The agent to receive notifications of claimed infringement pursuant to the Digital Millennium Copyright Act (“DMCA”) is as follows:
Name: Sqeeqee, Inc. (Sqeeqee.com)
Address: One Park Plaza, Suite 600, Irvine, CA 92614-8609
Telephone No.: (949) 833-7173
Upon receiving a notice that substantially complies with the DMCA requirements and provides us with actual knowledge of infringement or facts or circumstances from which infringing activity is apparent, we will expeditiously remove or disable access to the material in accordance with the DMCA. Note that the DMCA provides that any person who knowingly misrepresents that material, or whose activity is infringing, is liable for damages, including costs and attorneys’ fees.
Sqeeqee provides certain tools and technologies to help facilitate copyright owners’ control over their copyrighted works. In order to inquire about the availability of these tools and technologies, please contact Sqeeqee at email@example.com.
15. Third Party Linked Services
This website may contain links to other websites that are independent of this website (“Linked Services”). Linked Services include applications, websites, desktop, wireless, mobile and other services available from third parties which can be installed onto your Sqeeqee profile or shared with other Users on the Sqeeqee Services or which may link to your Sqeeqee account from outside of the Sqeeqee Services. Linked Services may use your Sqeeqee profile information, friends and/or other profile content on the Linked Service and share activity events between Sqeeqee and the Linked Service (depending on the features the Linked Service chooses to make available).
When you engage with a Linked Service, you are interacting with the third party, not with Sqeeqee. Sqeeqee is not responsible for and makes no warranties, express or implied, as to the third party Linked Services or the providers of such Linked Services (including, but not limited to, the privacy practices thereof). Nor shall the existence of any link to another Web site be construed as an endorsement of that Linked Service, or of the information, products or services described.
WE ARE NOT RESPONSIBLE FOR ANY OF THE CONTENT OF THIRD PARTY LINKED SERVICES OR FOR ANY DAMAGE SUSTAINED BY YOUR USE OF THOSE SITES.
16. Limited License to Use Virtual Items
Sqeeqee, by allowing you to use the Sqeeqee Services, is transferring no ownership in any property whatsoever to the user. Sqeeqee is only providing a limited license for the use of your account and the related items offered by Sqeeqee, including the use of Sqeeqee Bucks, a Virtual Item used to interact on Sqeeqee’s platform, to play games offered by Sqeeqee or third parties, and to trade for certain items that Sqeeqee provides or allows to be provided in exchange for Sqeeqee Bucks, or other Virtual Items.
Sqeeqee will limit the amount of Virtual Items in any user’s account to a maximum value of $100. Sqeeqee will limit the usage of Sqeeqee Bucks in any user's account to having a registered profile of at least 3 months and 13,000 worth of Sqeeqee Bucks prior to the purchase any item. Sqeeqee will also limit the shipping on any item provided in exchange for the Virtual Item(s) to the home country of the exchanging user or to the country that originated the funds. Sqeeqee prohibits transfers of Virtual Items to others and any such transfers are void and may be reversed or the Virtual Items deleted and/or your account terminated without notice or compensation. Sqeeqee always reserves the right at any time and without notice to limit the type of account that can be used to purchase the Virtual Items, to change those types of accounts, and to move or remove Virtual Items from any account that is not currently allowed to purchase Virtual Items.
How Sqeeqee’s Virtual Items Work:
17. Rules of the “Marketplace”
There are no fees associated with listing an item for sale in the “Marketplace.” If and when the item is sold, the seller bears a flat 99¢ fee for all items sold (including books) for a price of over $5.01. The shipping method of all items, and associated cost, is dependent on the buyer’s selection of what the seller has to offer on “How” to ship. SQEEQEE IS NOT RESONSIBLE OR LIABILE FOR SHIPPING DETERMINATIONS AND METHODS.
There are no fees associated with initiating a "Shark Bank" project, which is when backers make their interest known in supporting someone's dream to create something that they believe the world needs. SQEEQEE IS NOT RESONSIBLE OR LIABILE FOR FUNDING AND/OR PROJECT DETERMINATIONS AND METHODS BETWEEN THE PARTIES.
There are no fees associated with initiating a "Project Info" project, a crowdfunding feature to raise money for a project through social fundraising. All of our projects are based on an all-or-none basis. This provision means that the entrepreneur or business determines upfront the financial goal for a crowdfund investing campaign, works diligently to accomplish that goal and either succeeds and receives the full amount, or fails and receives nothing, despite whatever investment pledges have been made. If and when a campaign is successfully funded, the campaign creator bears a 3% fee automatically deducted from the funds collected. SQEEQEE IS NOT RESONSIBLE OR LIABILE FOR FUNDING AND/OR PROJECT DETERMINATIONS AND METHODS BETWEEN THE PARTIES.
There are no fees associated with listing a photo for sale in the "Stock Photos" section of the Sqeeqee website. All photos are to be sent to Sqeeqee for authenticity purposes. A separate Sqeeqee terms of agreement will be requested prior to the selling of any photos. The photos may not be a photo or image of someone else's. As the seller, you must have the exclusive rights to such photos. If and when Sqeeqee agrees to accept your photos to be listed for sale, you will receive a 50% of the payment amount per download credited in either Sqeeqee Bucks or via PayPal, depending on the method of payment used by the purchaser. SQEEQEE IS NOT RESONSIBLE OR LIABILE FOR COPYRIGHT VIOLATIONS BETWEEN THE PARTIES.
There are no fees associated with listing an item for exchange in the “Marketplace.” If and when the item is exchanged, the seller bears a flat 99¢ fee for all items sold for a price of over $5.01. The shipping method of all items, and associated cost, is dependent on the buyer’s selection of what the seller has to offer on “How” to ship. SQEEQEE IS NOT RESONSIBLE OR LIABILE FOR SHIPPING DETERMINATIONS AND METHODS.
There are no fees associated with listing an app for sale or download in the “Marketplace.” If and when the item is sold, the seller will receive a 70% of the payment amount per download credited in either Sqeeqee Bucks or via PayPal, depending on the method of payment used by the purchaser. SQEEQEE IS NOT RESONSIBLE OR LIABILE FOR COPYRIGHT VIOLATIONS BETWEEN THE PARTIES.
There are no fees associated with initiating a "Charity Bank" campaign, a crowdfunding feature to raise money for a non-profit project or organization through social fundraising. All of our projects are based on an all-or-none basis. This provision means that the campaign creator determines upfront the financial goal for a crowdfund investing campaign, works diligently to accomplish that goal and either succeeds and receives the full amount, or fails and receives nothing, despite whatever investment pledges have been made. If and when a campaign is successfully funded, the campaign creator bears a 1% fee automatically deducted from the funds collected. SQEEQEE IS NOT RESONSIBLE OR LIABILE FOR FUNDING AND/OR PROJECT DETERMINATIONS AND METHODS BETWEEN THE PARTIES.
18. Member Disputes
You are solely responsible for your interactions with other Sqeeqee Users, third party developers or any other parties with whom you interact through the Sqeeqee Services and/or Linked Services. Sqeeqee reserves the right, but has no obligation, to become involved in any way with these disputes.
Sqeeqee performs technical functions necessary to offer the Sqeeqee Services, including, but not limited to, the technical processing and transmission of email communications to perform the email service, and transcoding and/or reformatting Content to allow its use throughout the Sqeeqee Services. In addition, you agree and acknowledge that Sqeeqee may send messages including, but not limited to, notifications, special offers, promotions, commercial advertisements, and marketing materials, in connection with the Sqeeqee Services. You can control what type of communications you receive from the Sqeeqee Services by logging into your account and choosing the appropriate notifications settings or by following the unsubscribe instructions contained at the bottom of commercial emails.
Sqeeqee reserves the right to limit the storage capacity of Content that you post on, through or in connection with the Sqeeqee Services.
21. No Representations or Warranties
Sqeeqee is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted through or in connection with the Sqeeqee Services or Linked Services, by Users of the Sqeeqee Services or Linked Services, and such User Content does not necessarily reflect the opinions or policies of Sqeeqee. We make no commitment to correct or update what is contained in this website. However, we reserve the right to modify, alter, discontinue or delete the Sqeeqee Services or Linked Services or User Content without prior notice.
TO THE FULL EXTENT PERMITTED BY LAW, THE SQEEQEE SERVICES AND LINKED SERVICES, GOODS AND INFORMATION ON THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTY. ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARE HEREBY DISCLAIMED. YOU HEREBY WAIVE ALL SUCH WARRANTIES.
In addition to the those disclaimers previously stated herein, Sqeeqee is not responsible for any damage, injury or loss caused by Users of the Sqeeqee Services or by any of the equipment or programming associated with or utilized in the Sqeeqee Services or Linked Services.
Sqeeqee is not responsible for the conduct, whether online or offline, of any User of the Sqeeqee Services or Linked Services. Sqeeqee assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication.
Sqeeqee is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Sqeeqee Services or Linked Services or combination thereof, including, without limitation, any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Sqeeqee Services or Linked Services.
Under no circumstances shall Sqeeqee be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from use of the Sqeeqee Services or Linked Services, attendance at a Sqeeqee event, from any User Content posted on or through the Sqeeqee Services or Linked Services, or from the conduct of any Users of the Sqeeqee Services, whether online or offline.
23. Limitation on Liability
IN NO EVENT SHALL SQEEQEE – OR OUR OFFICERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGN - BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, COST OF COVER OR LOST PROFIT DAMAGES, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY SERVICES, GOODS, CONTENT OR OTHER MATERIALS PROVIDED OR MADE ABAILABLE, OR USE OF ANY SQEEQEE SERVICE OR LINKED SERVICE.
THIS LIMITATION APPLIES EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER SUCH DAMAGES AROSE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEAGL BASIS. THE TERM “DAMAGES” INCLUDES, WITHOUT LIMITATION, ATTORNEY FEES, ANDY LOST PROFITS, BUSINESS INTERRUPTION ANDLOSS OF PROGRAMS OR DATA.
SQEEQEE'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SQEEQEE FOR THE SQEEQEE SERVICES DURING THE TERM OF MEMBERSHIP.
EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
24. U.S. Export Controls
Software available in connection with the Sqeeqee Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the Sqeeqee Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
THE AGREEMENT SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS. ANY LITIGATION OR ARBITRATION ARISING FROM OR RELATING TO THIS AGREEMENT SHALL BE BROUGHT EXCLUSIVELY IN THE JURISDICTION AND IN THE VENUE PROPER FOR AN INDIVIDUAL RESIDING IN SAN FRANCISCO, CALIFORNIA. EACH OF THE PARTIES EXPRESSLY WAIVE ANY RIGHT TO A CHANGE IN JURISDICTION OR VENUE AND ANY AND ALL OBJECTIONS TO SUCH JURISDICTION AND VENUE.
EACH OF THE PARTIES EXPRESSLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.
EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
You agree to indemnify and hold Sqeeqee, its subsidiaries, and affiliates, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys' fees, made by any third party due to or arising out of your use of the Sqeeqee Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or any Content that you post on, through or in connection with the Sqeeqee Services. We may assume exclusive control of any defense or any matter subject to indemnification by you, and you agree to cooperate with us in such event.
27. Integration, Severability, Waiver
If any provision of this Agreement is found to be unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
28. Contract with Sqeeqee
If you execute a contract with Sqeeqee and Sqeeqee determines, in its sole discretion, that a user has violated the terms of the executed contract Sqeeqee may take action to suspend or terminate your account prior to the resolution of any dispute.
29. Terms of Contracts, Agreements