Terms of Use

Introduction

Qubryx, LLC (“Qubryx”) provides to you this website ("Web Site") for your personal informational, educational and entertainment use. The following Terms of Use govern your access and use of this Web Site. Please read these Terms of Use carefully before using this Web Site. Also, specific terms and conditions may apply to specific Content (as defined below) on or available through this Web Site (the "Content") and to specific content, data, materials, or information you may upload, submit and/or publish to the Web Site ("User Content") or transactions conducted through this Website. Such specific terms may be in addition to these Terms of Use or, where and then only to the extent expressly specified, may supersede these Terms of Use. When used in these Terms of Use, "we" and "our" means Qubryx, and "you" and "your" refers to any individual, company or legal entity that accesses or otherwise uses this Web Site

Acceptance of Terms of Use

By accessing, browsing or using this Website, you agree to be bound by these Terms of Use and all terms and conditions contained or referenced herein or any additional terms and conditions set forth on this Web Site. If you do not agree to all of these terms, you should not access or use this Web Site.

Modification of Terms

These Terms of Use may be amended by Qubryx, in its sole discretion, at any time without notice to you. Such amended Terms of Use shall be effective upon posting. By continuing to access or use this Web Site, you will be deemed to have accepted such amendments. We kindly request that you regularly review any applicable terms and conditions. Qubryx reserves the right to discontinue or make changes or updates with respect to the Web Site or the Content of the Web Site at any time without notice.

Privacy Notice

Personal information provided through this Web Site shall be used in accordance with Qubryx’s Privacy Notice and these Terms of Use are subject to the Privacy Notice as posted on this Web Site.

User Postings

You acknowledge and agree that Qubryx owns and has the unrestricted right to use, publish, in electronic form and otherwise, distribute and exploit any and all information that you post, submit, share or otherwise publish on the Web Site ("Submissions"). You hereby waive any and all claims against Qubryx for any alleged or actual infringements of any rights of privacy or publicity, moral rights, rights of attribution or any other intellectual property rights in connection with Qubryx's use and publication of such Submissions. This means that anything posted, submitted, shared or otherwise published by you to the Web Site shall be owned by Qubryx and may be used by Qubryx for any purpose, now or in the future, without any payment to, or further authorization by, you. In the event Qubryx's ownership of such Submissions is successfully contested, you automatically grant Qubryx a perpetual, royalty-free, non-exclusive, sublicensable, transferable, unrestricted, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform or display such Submissions, in whole or in part, in any form, media or technology known or hereafter developed for any purpose, including, but not limited to, advertising and promotional purposes. In addition, you hereby waive all claims against Qubryx for any actual or alleged violation of any privacy or publicity rights, moral rights or rights of attribution or infringement of intellectual property rights in any way arising from or relating to the Submissions. Qubryx does not represent or endorse the accuracy or reliability of any Submissions displayed, uploaded, posted on any message board, or otherwise distributed through the Web Site by any user of the Web Site, information provider or any other third party. Qubryx expressly disclaims any and all liability related to Submissions, and you acknowledge and agree that any reliance upon such Submissions shall be at your sole option, liability and risk. You covenant that you shall not post, submit, share or otherwise publish on the Web Site any materials that: (i)are threatening, libelous, defamatory, or obscene; (ii) would constitute, or that encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate law; (iii) infringe the intellectual property, privacy, or other rights of any third parties; (iv) contain a computer virus or other destructive element; (v) contain advertising; or (vi) constitute or contain false or misleading statements. Qubryx in its sole discretion reserves the right to refuse to post and the right to remove any information or Submission from the Web Site, in whole or in part, for any reason

Links to Third Party Websites

Links on the Web Site to third party websites are provided only as a convenience to you. If you use these links, you will leave the Web Site. Qubryx does not control or endorse any such third party websites andmakes no representations whatsoever about any other website which you may access through this one. You agree that Qubryx and its affiliates will not be responsible or liable for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites. You will use these links at your own risk. You are advised that other websites on the Internet, including third party websites linked from this Web Site, might contain material or information that some people may find offensive or inappropriate; or that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others' rights or otherwise unlawful. Qubryx expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third-party website. Qubryx recommends that you make yourself aware of and read the legal and privacy notices of all other websites that you visit.

Disclaimer of Warranties

Qubryx strives to provide accurate and up-to-date material on this Web Site. However, we make no warranties or representations as to the accuracy or timeliness of the Content on this Web Site.
YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. THE WEB SITE AND THE CONTENT CONTAINED ON THIS WEB SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. QUBRYX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. QUBRYX MAKES NO WARRANTY THAT (I) THE INFORMATION ON THE WEB SITE IS CORRECT, ACCURATE, OR RELIABLE, (II) THE WEB SITE WILL MEET YOUR REQUIREMENTS, (III) THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (IV) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE WILL BE ACCURATE OR RELIABLE, (V) THE WEB SITE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR (VI) ANY ERRORS IN THE WEB SITE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS WEB SITE IS PROVIDED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE WEB SITE, INCLUDING WITHOUT LIMITATION, DAMAGES RESULTING FROM COMPUTER VIRUSES.
SOME JURISDICTIONS MAY NOT PERMIT CERTAIN DISCLAIMERS OF WARRANTIES, SO SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, WE DISCLAIM WARRANTIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

Disclaimer of Damages and Limitation of Liability

NEITHER QUBRYX OR ANY OF ITS AFFILIATES, , PREDECESSORS, SUCCESSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, SUPPLIERS AND DEVELOPERS, REPRESENTATIVES, ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS SHALL UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO YOUR ACCESS TO, OR USE OF OR INABILITY TO USE THIS WEB SITE OR ANY MATERIAL, OR ANY OTHER WEBSITE YOU ACCESS THROUGH A LINK FROM THIS WEB SITE, OR ANY INCORRECT OR INACCURATE INFORMATION ON THIS WEB SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OR INJURY OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO PROPERTY DAMAGE, LOSS OF USE, LOSS OF DATA, LOSS OF BUSINESS, ECONOMIC LOSS OR LOSS OF PROFITS), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF Qubryx HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY WAIVE ALL CLAIMS AGAINST Qubryx AND ITS AFFILIATES, PREDECESSORS, SUCCESSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, SUPPLIERS AND DEVELOPERS, REPRESENTATIVES, ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS THAT MAY ARISE FROM YOUR ACCESS OR USE OF THIS SITE.
IN NO EVENT SHALL QUBRYX’S OR ANY OF ITS PREDECESSORS’, SUCCESSORS’, AFFILIATES’, OFFICERS’, DIRECTORS’, SHAREHOLDERS’, INVESTORS’, EMPLOYEES’, AGENTS’, SUPPLIERS’ AND DEVELOPERS’, REPRESENTATIVES’ AND ATTORNEYS’ AND THEIR RESPECTIVE HEIRS’, SUCCESSORS’ AND ASSIGNS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED $1. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN WHICH CASE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS.

Indemnification and Release

You agree to indemnify, defend and hold harmless Qubryx and its affiliates, predecessors, successors, officers, directors, shareholders, investors, employees, agents, suppliers and developers, representatives, attorneys and their respective heirs, successors and assigns (collectively, the “Indemnified Parties”) against all claims, demands, causes of action, losses, expenses, damages and costs, including any reasonable attorneys' fees, resulting or arising from or relating to your use of or conduct on the Web Site, any activity related to use of the Web Site by you, any message or material that you submit to, post on or transmit through the Web Site, your violation of these Terms of Use, your infringement or violation of any rights of another, or termination of your access to the Web Site. If you have a dispute with one or more users, you hereby release from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. You shall cooperate as fully as reasonably required in the defense of any such claim. Qubryx reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

Accessing and using the Site: No Unlawful or Prohibited Activity

Subject to your ongoing compliance with these Terms of Use, Qubryx hereby grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, freely revocable license to access and use the Web Site solely for your personal, non-commercial and lawful purposes provided that you maintain all copyright, trademark and other intellectual property notices therein. Further, Qubryx does not grant you permission, by implication, estoppel or otherwise, to state or suggest that Qubryx promotes or endorses any third party’s political views, ideas, causes, products or services. All other rights are hereby expressly reserved.
As a condition of your use of this Web Site, including all features and functionalities associated herewith and all Content and material herein, you shall comply with these Terms of Use and and shall not: (i) archive download, reproduce, distribute, modify, display, perform, publish, license, create derivative works of offer for sale, or use, any Content or information contained in or obtained from or through the Web Site (ii) delete the copyright or other proprietary rights notices from the Web Site or any Content; (iii circumvent, remove, alter, deactivate, degrade or thwart any of the Content or other protections enable on the Web Site; (iv) use any robot, spider, scraper or other automated means to access the Web Site; (v decompile, reverse engineer or disassemble any software or other products or processes accessible through the Web Site; (vi) insert any code or product or manipulate the Web Site in any way; (vii) us any data mining, data gathering or extraction method; (viii) upload, post, e-mail or otherwise send o transmit any material designed to interrupt, destroy or limit the functionality of any computer software o hardware or telecommunications equipment associated with the Web Site, including any software viruse or any other computer code, files or programs; (ix) remove, modify, disable, block, impair, or obscure an advertising in connection with the Web Site; or (x) use or encourage the use of the Web Site for an illegal purpose, or in violation of any local, state, national, or international law, including, withou limitation, laws governing intellectual property and other proprietary rights, data protection and privacy
Qubryx reserves the right, in its sole discretion, to suspend or terminate your access to this Web Site and prohibit any and all current and future use of this Web Site (or any portion thereof) by you at any time for any reason without notice or liability to you or any third party.

Shut-down of Web Site

Qubryx reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Web Site (or any part thereof) with or without notice or consent. Qubryx and its affiliates shall have no responsibility or liability for failure to store or delete any Content or User Content submitted to the Web Site.

Governing Law and Dispute Resolution

These Terms of Use shall be governed by, and construed in accordance with, the laws of the United States and the Great State of Texas, without giving effect to conflicts of law principles thereof. Qubryx makes no representations that the material and information on this Web Site are appropriate or available in allnational locations or languages. You agree that any action at law or in equity arising from or relating to the use of this Web Site or to these Terms of Use shall be brought exclusively in the Federal or State Courts residing in Texas. You hereby consent and submit to personal jurisdiction in of such courts for the purposes of any action relating to this Web Site, your access or use thereof, or these Terms of Use, and to extra-territorial service of process.

Severability

If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then the invalid or unenforceable provision shall be replaced by a valid, enforceable provision that most closely matches the intent of the original provision, and the validity and enforceability of any remaining provisions shall not be affected.

No Waiver

The failure of Qubryx and its affiliates to enforce any part of these Terms of Use shall not constitute a waiver of such term or provisions and shall not be considered a waiver or limit Qubryx’s right thereafter to insist upon strict adherence to that term or any other provision of these Terms of Use.

Infringment Notices and Takedown

Qubryx prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on the Web Site infringes your copyright or other intellectual property rights, you should notify Qubryx of your copyright infringement claim in accordance with the following procedure. Qubryx shall process notices of alleged infringement which it receives and shall take appropriate action as required by the Digital Millennium Copyright Act ("DMCA"). The DMCA requires that notifications of claimed copyright infringement should be sent to the Web Site's Designated Agent who is:
Qubryx, LLC
1980 Post Oak Blvd, Suite 100
Houston, TX, 77056
hello@qubryx.com
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3))
  • Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringin activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has a good faith belief that use of the material in the manner, complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed