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TERMS OF SERVICE


OVERVIEW


 


This website is operated by quantumquark. Throughout the site, the terms "we", "us" and "our" refer to quantumquark. quantumquark offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.


 


By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced referred to herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.


 


Please read these Terms of Service carefully before using or accessing our website. By accessing or using any part of the site, you agree to these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.


 


Any new features or tools added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time at this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.


 



SECTION 1 - ONLINE STORE TERMS AND CONDITIONS


 


By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to use any of your minor to allow dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You may not transmit worms, viruses or any form of malicious code. A violation of any of the terms will result in immediate termination of your services.


 


SECTION 2 - GENERAL CONDITIONS


 


We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform to technical requirements of connecting networks or devices. Credit card information is always encrypted during transmission over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission from us. The headings used in this agreement are included for convenience only and will not affect these Terms.


 


SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION


 


We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information is necessarily not current and is provided for reference purposes only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.


 


SECTION 4 - CHANGES TO THE SERVICE AND PRICES


 


Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.


SECTION 5 - PRODUCTS OR SERVICES (if applicable)


 


Certain products or services may only be available online through the website. These products or services may have limited quantities and are subject to return or exchange according to our Return Policy. We have done our best to display as accurately as possible the colors and images of our products displayed in the store. However, we cannot guarantee that your computer screen will display colors accurately. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic area or jurisdiction. We may exercise this right on an individual basis. We reserve the right to limit quantities of any products or services we offer. All descriptions of products or product prices are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material you purchase or obtain will meet your expectations, or that any errors in the Service will be corrected.


SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION


 


We reserve the right to refuse your order. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. . We reserve the right to limit or prohibit orders that, in our sole discretion, may be placed by dealers, resellers or distributors.


 


You agree to provide current, complete and accurate purchase and account information for all purchases you make at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.


For more details, please refer to our Returns Policy.


 


SECTION 7 - OPTIONAL TOOLS


 


We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third party provider(s). ). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Use.


 


SECTION 8 - LINKS TO THIRD PARTIES


Certain content, products and services available via our Service may include materials from third parties. Links to third party websites on this site may direct you to websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy thereof and we do not warrant or have any liability for any third-party materials or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before engaging in any transaction. Complaints, claims, concerns or questions regarding third party products should be directed to the appropriate third party.


 


SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS


If, at our request, certain specific submissions (e.g. contest entries) are sent by you, or without a request from us you send creative ideas, suggestions, proposals, plans or other materials, online, by email, by postal mail or otherwise ( collectively, "comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for responses; or (3) to respond to comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or infringes the intellectual property rights of any party or violates these General Terms and Conditions. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone else, or mislead us or third-parties as to the origin of any comments. You are solely responsible for the comments you post and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.


 


SECTION 10 - PERSONAL INFORMATION


 


Your provision of personal information through the store is governed by our Privacy Policy. Please see our Privacy Policy for more information.


 


SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS


 


Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if there is any inaccurate information in the Service or on any related website at any time without prior notice (including after you have placed your order).


We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.


SECTION 12 - PROHIBITED USES


 


In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful act; (c) to violate any international, federal, provincial or state regulations, rules, laws or local ordinances; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to provide false or misleading information; (g) to upload or transmit viruses or any other malicious code that will or may in any way affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track personal information of others; (i) to spam, fish, phish, imprint, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website if you violate any of the prohibited uses.


 


SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY


 


We do not guarantee, represent or warrant that the use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representations, warranties or conditions of any kind also, express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.


In no event will queendaisy, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injuries, losses, claims or any direct, indirect, incidental, punitive, special or consequential damages of any nature whatsoever, including, but not limited to, lost profits, lost sales, savings, loss of data, replacement costs or similar damages, whether in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Service or any products obtained through the Service, or for any other claim relating in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted or otherwise made available through the Service, even if you have been notified of the possibility of such damage. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.


 


SECTION 14 - INDEMNIFICATION


 


You agree to indemnify, defend and hold harmless quantumquark and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand , including reasonable attorneys' fees, brought by any third party due to or arising out of your breach of these Terms of Use or the documents they reference, or your violation of any law or the rights of a third party.


 


SECTION 15 - SEVERABILITY


If any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use. Such determination shall not affect the validity and enforceability of any remaining provisions.


 


SECTION 16 - TERMINATION


The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Use are effective unless and until terminated by you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our services, or when you cease using our site. If in our sole judgment you fail to comply with any provision of these Terms of Use, or if we suspect that you have failed to comply with any provision of these Terms of Use, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or we may deny you services (or part thereof).


SECTION 17 - ENTIRE AGREEMENT


 


The failure of us to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.


 


These Terms of Use and any policies or operating rules posted by us on this site or in respect to The Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals , oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use) shall be superseded. Any ambiguities in the interpretation of these Terms of Use will not be construed against the drafting party.


 


SECTION 18 - GOVERNING LAW


 


These Terms of Use and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Small town story.


 


SECTION 19 - CHANGES TO TERMS OF USE


 


You can review the most current version of the Terms of Use at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to our website. It is your responsibility to check our website regularly for changes. Your continued use of our website or the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes.


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