Terms of Service


Terms of Service

Thank you for trying out the QVD Demo. By using this service you agree to the following terms, conditions, policies, guidelines or amendments thereto known as the Terms of Service.
QVD reserves the right to modify the Terms of Service without notice.

 

Use of the QVD Demo Service

You may use our service, provided that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the Spain or other jurisdictions. In order to make use of the demo service, you are required to provide current and accurate identification, contact, and other information as part of the registration process. QVD will provide you with a demonstration username and password. You are responsible for maintaining the confidentiality of your account information, and are responsible for all activities that occur under your account. You are solely responsible for all content on your account. You agree to immediately notify QVD of any unauthorized use of your account or any other breach of security. QVD will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your account secure.

 

Acceptable Conduct

You agree that you are responsible for maintaining your own account. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, files, attachments or other materials (‘Content’) are the sole responsibility of the account from which such Content originated. QVD reserves the right, but does not assume the responsibility, to monitor or review any Content on QVD services. You agree that you are responsible for the conduct of all users of your account and any Content that is created, transmitted, stored, or displayed by, from, or within your account while using the QVD demo and for any consequences thereof. You agree to use QVD services only for purposes that are legal, proper and in accordance with the Terms of Service and any applicable policies or guidelines. You agree that you will not engage in any activity that interferes with or disrupts QVD services or servers or networks connected to QVD services. You agree that the QVD demo is a service that is designed only for demonstration purposes and that data stored on this service may be destroyed at any time that QVD requires.

 

Prohibited Usage

You agree that any of the below activities are considered prohibited usage and will result in immediate account suspension or cancellation and the possibility that QVD will impose fees; and/or pursue civil remedies without providing advance notice.
Misuse of System Resources: Misuse of system resources, including but not limited to running processes that consume excessive CPU time, network capacity, disk IO or storage space, particularly if those processes were not installed on the demonstration image by QVD.
Unsolicited Communications: Sending unsolicited bulk messages utilizing our network. Generating a significantly higher volume of outgoing e-mail than a normal user. Using a non-existent email return address. Sending out unsolicited email from any other network that points to a QVD server.
Access to Other Computers or Networks without Authorization: Attempting unauthorized and/or illegal access of computers, networks and/or accounts not belonging to party seeking access. Any act which interferes with the services of another user or network. Any act relating to the circumvention of security measures.
Other Activities viewed as Illegal or Harmful: Engaging in illegal activities or engaging in activities harmful to the operations of QVD or the customer.
Providing False Data on any Contract or Application: including fraudulent use of credit card numbers.

 

Account Cancellation or Suspension

QVD may cancel or suspend your access to QVD services at any time and for any reason without notice. Upon cancellation or suspension, your right to use the service will stop immediately. You may not have access to data that you stored on the service after we suspend or terminate the service. You are responsible for backing-up your data that you use with the service.
You may terminate the service at any time by sending us notification to disable your demo account, either by email or by written letter. As soon as you terminate the service your right to use it stops immediately. The account will be deleted and you may not have access to data that you stored on the service after you terminate the service.

 

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT QVD SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM: (I) THE USE OR THE INABILITY TO USE QVD SERVICES; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (III) ANY OTHER MATTER RELATING TO QVD SERVICES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT NOTWITHSTANDING ANYTHING IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE MONETARY LIABILTY OF QVD AND ANY OF ITS AGENTS, SUPPLIERS, EMPLOYEES, OR AFFILIATES IN CONNECTION WITH THE QVD SERVICES , UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL NOT EXCEED THREE TIMES ONE MONTHS RECURRING FEE FOR THE SERVICES THAT ARE THE SUBJECT OF THE CLAIM AS OF THE TIME OF THE OCCURRENCE OF THE EVENTS GIVING RISE TO THE CLAIM.

 

Exclusions and Limitations

Nothing in this agreement is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited.

 

No Third Party Beneficiaries

You agree that, except as otherwise expressly provided in this Terms of Service, there shall be no third party beneficiaries to the Terms of Service.

 

Warranty Disclaimer

YOU AGREE THAT YOUR USE OF QVD SERVICES SHALL BE AT YOUR SOLE RISK. ALL SERVICES PROVIDED BY QVD ARE AVAILABLE AS IS WITHOUT WARRANTIES OR GUARANTESS APPLIED.

 

Indemnity

You agree to defend, indemnify and hold harmless QVD, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the QVD services; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that use of our services caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the QVD services.

 

Notice

You agree that QVD may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on QVD services.

 

General information

Entire Agreement. The Terms of Service (including any policies, guidelines or amendments that may be presented to your from time to time) constitute the entire agreement between you and QVD and govern your use of QVD services, superceding any prior agreements between you and QVD for the use of QVD services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other QVD services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The Terms of Service and the relationship between you and QVD shall be governed by the laws of Madrid, Spain and any disputes concerning this agreement including the issue of its valid conclusion and its pre and past contractual effects are exclusively decided by the competent court in Madrid, Spain or, at QVD’s discretion, also by the competent court is whose district you may have your residence, your registered seat, an establishment or assets.
Waiver and Severability of Terms. The failure of QVD to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of QVD services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
We hereby inform you, that by providing your personal data freely and voluntarily through the website, if you are older than 14 years of age, you agree to allow the use of your data being in order to activate our service, make payments as well as other operations regarding the services of the website or those that could arise from the contractual relationship. Your personal data will form part of a file under the responsibility of QINDEL FORMACION Y SERVICIOS S.L., located in Príncipe de Vergara,204, Office 1, 1ºB, 28002, Madrid. In agreement with the LOPD you can directly go to this address, if you are older than 14, in order to access, correct, cancel or even oppose the way your data has been processed, or simply send an e-mail to HYPERLINK “mailto:info@qindel.com”info@qindel.com , by adding a photocopy of your I.D. And all this without jeopardizing the Privacy policy that regulates the website, which you have declared as having read , understood and accepted. You should not give any personal data if you are under 14 years old.