Qoobole.com Terms of Use
 
BY ACCESSING, USING, OR REGISTERING FOR QOOBOLE.COM, YOU AGREE TO BE BOUND BY THE TERMS OF THIS USER AGREEMENT AS IT EXISTS AT THE TIME OF YOUR INITIAL OR SUBSEQUENT ACCESS, USE AND/OR REGISTRATION. IF YOU DO NOT WISH TO BE BOUND BY THIS USER AGREEMENT, DO NOT ACCESS, REGISTER FOR, OR USE QOOBOLE.COM.

Acceptance of Terms. Welcome to Qoobole.com. Qoobole provides its service to you conditioned upon your acceptance, without modification, of the terms, conditions and notices ("Terms"). The Terms may be updated and modified by us from time to time without notice to you. You can review the most current version of the Terms at any time by clicking on "Terms of Use" from anywhere on our service. In addition, when using particular Qoobole services, you and Qoobole shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference in the Terms.

Description of Service. Qoobole provides users with access to a large collection of online resources including, but not limited to, content, search, messaging, blogs, groups, personalized blog pages, customization features and Streaming videos ("Streaming" and its formatives include a method of viewing videos in real time without allowing the videos to be (i) stored permanently to a user’s hard drive, (ii) copied, or (iii) retransmitted) (collectively, "Services"). Unless explicitly stated otherwise, any new features that augment or enhance the Services and/or that are offered on Qoobole.com and related and associated websites and web pages ("Qoobole’s Website") shall be subject to the terms, conditions and notices contained in this Terms regardless of whether the Terms is updated to explicitly reflect such new features. As set forth in more detail below, you understand that the Services are provided "AS IS,"; and that Qoobole assumes no responsibility for the accuracy, timeliness, deletion, mis-delivery of any information or for the failure to store any user communications or customization settings.

Access to the Service. Qoobole is providing you with the right to use the Services without charge (with the exception of ringtones and other mobile media as set forth in the Qoobole Mobile Entertainment Terms and Conditions), provided, however, that Qoobole reserves the right to start or continue to charge for some or all of the Services, in which case Qoobole will clearly indicate this change and the charges when you use the Service. You are responsible for providing all equipment necessary to establish a connection to the Internet and any telephone or other connection and service fees associated with such access.

Eligibility for Membership. The Service is available to individuals 13 years of age and over. If you are under 18 and lie about your age, your account may be suspended or deactivated. If you cannot comply with the Terms, please do not use the Service. Qoobole may ban the use of the Service by any person or entity at any time at Qoobole's sole discretion.

Registration Obligations. In consideration of your membership in the Service, you agree: (a) to provide true, accurate, current and complete information about yourself as prompted by the Services registration form (such information being the "Registration Information"); (b) to maintain and promptly update the Registration Information to keep it true, accurate and complete; and (c) that you will not use the Service for any purpose that is unlawful or prohibited by the Terms. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Qoobole has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Qoobole has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). See Qoobole’s Privacy Policy (which is incorporated herein by reference and to which you also agree when you agree to this Terms) regarding the use and protection of your personal information.

Account and Password Security. You will select a password and account designation upon completing the Service’s membership registration process. You agree to (i) immediately notify Qoobole of any unauthorized use of your password or account or any breach of security and (ii) ensure that you fully exit from your account at the end of each session. Qoobole cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.

Member Conduct.

1. You are responsible for maintaining the confidentiality of your password and accuracy of your account information, and are fully responsible for all activities which occur under your password or account.
2. You agree to be solely responsible for your comments, videos, data, and other submissions under our Content Submission Policy (see below).
3. You acknowledge that Qoobole cannot pre-screen all User Content (as defined in the Content Submission Policy) before it is posted on the site, but that Qoobole and its designees shall have the right (but not the obligation) in their sole discretion to refuse, delete, edit or move any User Content that is available via the Service. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. In this regard, you acknowledge that you may not rely on any User Content created by Qoobole, submitted to Qoobole, or posted on Qoobole’s Website.
4. Caution! Receiving files from third parties, via any application (i.e., email) may be harmful. Before receiving any files from any user, even if the account from which the file transfer notice is sent looks familiar to you, it is strongly recommended that you verify that the person sending you these files is indeed the person you think he or she is, by, for example, asking for some kind of information known only to the two of you. Please make sure not to accept files from users you do not trust, from users you are not sure they are whom they say they are, or whenever you are not sure you want to accept the files.

Content. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services, and other information provided through the Service. Qoobole does not endorse or guaranty the reliability, accuracy, or quality of any information, goods, services, or products displayed or advertised on the Service. Any items purchased or obtained by any user through the Service is done at the user's sole risk. Any content within the Service related to business, finance and/or securities matters and the like contained on the Service is provided for informational purposes only, and no content included in the Service is intended for trading or investing purposes. Qoobole shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.

Content Submission Policy. If you are a copyright owner and believe that content on Qoobole’s Service infringes upon your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DCMA"). Qoobole’s DMCA Policy is outlined in below within these Terms.

By submitting any User Content, as defined below, to be uploaded, you agree to the following terms and conditions for submission of the User Content:

1. You understand and agree that all information, data, text, software, music, sound, photographs, graphics, videos, messages, content or other materials submitted by users of the Services ("User Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such User Content originated. In other words, you, and not Qoobole, are entirely responsible for all User Content that you upload, download, post, email or otherwise transmit via the Service. While Qoobole may remove objectionable and/or illegal User Content or other content when Qoobole becomes aware of such content, Qoobole does not control the posting of User Content via the Service and, as such, does not guarantee the accuracy, integrity or quality of such User Content. You understand that by using the Service, you may be exposed to User Content that is offensive, indecent or objectionable. Under no circumstances will Qoobole be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of any User Content posted, emailed, or otherwise transmitted to you via the Service.
2. You agree not to use the Service to: (1) upload, download, post, email or otherwise transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially ethnically or otherwise objectionable in Qoobole’s sole judgment; (2) harm minors in any way; (3) impersonate any person or entity, including, but not limited to, a Qoobole official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; (4) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Service; (5) upload, download, post, email or otherwise transmit any User Content that you do not have a right to transmit under any law or under any contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (6) upload, download, post, email or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (7) upload, download, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for that purpose; (8) upload, download, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (9) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that adversely affects other users’ ability to engage in real time exchanges; (10) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service, including without limitation by using an automated process that is capable of performing a greater number of interactions with the Services over a given time period than a human of normal capabilities would be capable of performing through a standard Internet browser during the same time period; (11) intentionally or unintentionally violate any applicable local, state, federal or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, but not limited to, the New York Stock Exchange, the American Stock Exchange or the Nasdaq, and any regulations having the force of law; (12) "stalk" or otherwise harass another; (13) collect or store personal data about others; or (14) encourage, facilitate, or promote any illegal or otherwise unauthorized copying of any work protected by copyright laws.
3. You acknowledge and agree that Qoobole may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (1) comply with legal process; (2) enforce the Terms; (3) respond to claims that any User Content violates the rights of third parties; or (4) protect the rights, property, or personal safety of Qoobole, its users and the public.
4. You understand and agree that the technical processing and transmission of the Service, including your User Content, may involve (1) transmissions over various networks; and (2) changes to your User Content to conform and adapt to technical requirements of various networks or devices used in providing the Service.
With respect to all User Content you elect to post for inclusion in publicly accessible areas of the Service, including photos, videos, audio recordings, graphics, comments or other content, you grant Qoobole a world-wide, royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed. You represent and warrant that you own all right, title, and interest in and to the User Content you submit, or that you have the licenses or other permissions necessary to allow you to submit the User Content. For purposes of this policy, "publicly accessible areas of the Service" are those areas accessible by the general public. You retain full ownership of your User Content subject to the rights and restrictions set forth herein. Qoobole does not make any representation or warranty with respect to the confidentiality of Member Submissions.

Accessing User Content. You may only view, Stream, or otherwise use ("Access") User Content for your personal, and non-commercial use, according to the terms of this Terms. You may not use the User Content in any manner not provided for in this Terms.

1. You may not download any User Content or other content available through the Services (except that you may download certain ringtones, games, graphics, and other mobile media to a mobile device in accordance with and subject to the Qoobole Mobile Entertainment Terms and Conditions).
2. Although Qoobole uses reasonable efforts to ensure that copyrighted User Content is not available on Qoobole’s Website without the copyright holder’s consent, some unauthorized copyrighted User Content may nonetheless be available. You agree not to Access such unauthorized User Content, and you agree to notify Qoobole if you find such unauthorized User Content on the Qoobole’s Website.
3. You agree not to Access the User Content in a manner not provided for in this Terms. Specifically, you agree not to Access the content for commercial purposes. propósitos comerciales.
4. You agree that you will not attempt to circumvent any security measures employed by the Services to protect the User Content or regulate the manner the User Content is Accessed.
5. You agree that you will only Access videos on Qoobole’s Website for your personal, non-commercial use, and that you will not download, copy, deliver, transmit, retransmit or otherwise provide these videos to any third party, except by providing a link to the videos that directs a user to the videos’ location on Qoobole’s servers and/or on Qoobole’s Website. Qoobole only allows users to Stream videos provided through the Services. You agree not to use any software, hardware, or other means to copy or download the videos while they are being Streamed to your computer.

DMCA Policy. Please note that under 17 U.S.C. § 512(f) any person who knowingly and materially misrepresents that material or an activity is infringing may be subject to liability. Also, any person who knowingly misrepresents material or an activity causing it to be removed by mistake or misidentification may be subject to liability.

To file a copyright infringement notice with Qoobole, you must send a written communication that substantially includes the following as outlined in 17 U.S.C. § 512(c)(3):

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. 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.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing 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.
4. 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.
5. 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.
6. 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.

To file a copyright infringement counter-notice with Qoobole you will need to send a written communication that substantially includes the following as outlined in 17 U.S.C. § 512(g)(3):

1. A physical or electronic signature of the subscriber.
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
4. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

Such infringement notice or counter-notice should be sent to:
Qoobole Copyright Agent
c/o Chief Executive Officer
Qoobole
support@qoobole.com

Proprietary Rights. You agree that the Service and any software, photographs, music, videos, and other works used in connection with the Service may contain proprietary and confidential information that may be protected by applicable intellectual property and other laws, including intellectual property that is owned and/or licensed by and to Qoobole. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Service or advertisers may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Qoobole or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, in whole or in part. All content of the Services, including User Content, is copyrighted and protected by international copyright law. All rights reserved. Qoobole and Qoobole.com are just some of the trademarks owned by Qoobole Corporation. Nothing contained in the Service should be construed as granting, by implication or otherwise, any other licenses not specifically disclosed herein or any license or right to use any of the trademarks, logos, service and service marks without the written permission of Qoobole, or such other party that may own them.

No Reproduction or Resale. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to Service.

Dealings with Advertisers. You may enter into correspondence with or participate in promotions of advertisers on the Service showing their products on the Service. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Qoobole shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

Links to Third Party Sites. Qoobole provides links to other web sites or resources. Because Qoobole has no control over such sites and resources, you acknowledge and agree that Qoobole is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Qoobole shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use or reliance on any such content, goods or services available on or through any such site or resource.

International Use. Recognizing the global nature of the Internet, you agree to comply with all local and international rules regarding online conduct and acceptable User Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. No software, User Content, or other content available through the Services may be downloaded from the Services or otherwise exported from the United States in violation of United States export laws.

No Commercial Use. You agree not to use the Services for commercial purposes unless you receive prior written permission from Qoobole. The following is a non-exhaustive list of prohibited commercial purposes:

1. Selling any portion or aspect of the Services, User Content, or other content offered through the Services.
2. Using any of the Services, User Content, or other content offered through the Services to operate a website or business that competes with Qoobole, Qoobole’s Website, and/or the Services.
3. Collecting information on Users of the Services for the purpose of sending mass communications, advertising communications, or any other type of unsolicited communications.
4. Selling advertising that is directed to the Services, User Content, or other content offered through the Services.
5. Posting advertising information in connection with any Services, User Content, or other content offered through the Services.
6. Downloading, copying, or otherwise gaining more access to videos offered through the Services than you would have merely by Streaming the videos, regardless of whether or not you sell, transmit or otherwise distribute these unauthorized videos to a third party.

However, you may upload original videos you have created, but you may not offer them for sale through the Services or offer any type of advertising in connection with those videos.

Indemnification. You agree to indemnify and hold Qoobole, its directors, officers, employees, agents, co-branders or other partners harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of the User Content you submit, post, upload, download, to or otherwise transmit through the Services, your use of the Services, your connection to the Services, your violation of the Terms, your infringement of any intellectual property or other right of any other person or entity, and/or, to the fullest extent allowable by law, regarding all matters related to your use of the Qoobole’s Website, the Services, User Content, or other content offered through the Services. You hereby waive any legal or equitable rights or remedies with respect to any such claim or demand as set forth in the preceding sentence.

Enforcement. Qoobole has no ability to prevent or restrict conduct, communications or User Content which might violate the Terms prior to its transmission on or through the Service, nor can Qoobole ensure prompt removal of any such communications or User Content after transmission or posting. Accordingly, Qoobole does not assume responsibility to you or others for any failure by Qoobole to enforce the provisions contained in the Terms.

Termination. You agree that Qoobole, in our sole discretion and with or without notice, may terminate your password, account (or any part thereof) or use of the Service (or any part thereof) for any reason, including, without limitation, for lack of use or if Qoobole believes that you have violated or acted inconsistently with the letter or spirit of the Terms. Qoobole may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of the Terms may be effected without prior notice, and acknowledge and agree that Qoobole may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Qoobole shall not be liable to you or any third-party for any termination of your access to the Service. It is your responsibility to maintain your own personal file on your own system of data, content, emails, etc. that you deem important.

General Acknowledgments. You acknowledge that Qoobole may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded User Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Qoobole’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Qoobole has no responsibility or liability for the failure of the Service and the deletion of User Content or other content maintained or transmitted by the Service. Qoobole reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Qoobole shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. You further acknowledge that Qoobole reserves the right to change these general practices and limits at any time, in our sole discretion, with or without notice.

Unless produced by Qoobole, the information you access or receive by using the Service, including User Content, or information sent to you by other users is provided, entered or posted by the users and is not reviewed, controlled, examined, verified or endorsed by Qoobole. The data and information you send and receive may be subject to privacy and security invading activities including, but not limited to, eavesdropping, electronic trespassing, "sniffing," "spamming," "nuking," "hacking," "spoofing," imposturing, breaking passwords, harassment, fraud, forgery, and system contamination including use of viruses, "worms," and "Trojan" applications causing unauthorized, damaging, harmful access and/or retrieval of information and data on your computer and other forms of activities that may even be considered unlawful. Information and data may also not reach its destination or may reach an erroneous address or recipient.

YOU ARE ADVISED NOT TO USE OR RELY ON THE SERVICE AND INFORMATION RELATED THERETO FOR "CONTENT SENSITIVE" OR "MISSION CRITICAL" APPLICATIONS AND USE. "CONTENT SENSITIVE" MEANS ANY INFORMATION OR DATA YOU DO NOT WISH TO BE FREELY ACCESSIBLE AND GENERALLY AVAILABLE TO INTERNET USERS. "MISSION CRITICAL" APPLICATIONS AND USE MEANS APPLICATIONS AND USE THAT MAY RESULT IN DAMAGE.

DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN AND AS AVAILABLE BASIS. WITH RESPECT TO THE SERVICE, QOOBOLE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
2. QOOBOLE MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SERVICE’S SOFTWARE WILL BE CORRECTED.
3. ANY MATERIAL, PRODUCTS OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM QOOBOLE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE USER AGREEMENT.

LIMITATION OF LIABILITY QOOBOLE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, OR FOR COST PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO, OR ALTERATION OF A USER’S TRANSMISSIONS OR DATA, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF QOOBOLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Arbitration. By using the Service you agree to submit any controversy or claim arising out of or relating to the Terms to binding arbitration in California, in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any controversy or claim of any other party. Judgment on the arbitration award may be entered into any court having jurisdiction thereof. Qoobole may seek any interim or preliminary relief from a court of competent jurisdiction in California necessary to protect the rights or property of Qoobole pending the completion of arbitration.

YOU AND QOOBOLE AGREE THAT ANY CLAIM OR CONTROVERSY ARISING OUT OF THIS USER AGREEMENT OR RELATED TO THE SERVICES, USER CONTENT, OR QOOBOLE’S WEBSITE MUST BE BROUGHT TO QOOBOLE’S ATTENTION AT SUPPORT@QOOBOLE.COM WITHIN ONE YEAR AFTER THE CLAIM OR CONTROVERSY AROSE; OTHERWISE, SUCH CLAIM OR CONTROVERSY IS PERMANENTLY WAIVED AND/OR BARRED.

Governing Law The Terms and the relationship between you and Qoobole shall be governed by and construed in accordance with the laws of the State of California without regard to its conflicts of law provisions.

Waiver. Qoobole’s failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision or any other right or provision unless acknowledged and agreed to by Qoobole in writing.

Severability. If any provision of the Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in such provision, and, notwithstanding such finding, all other provisions of the Terms shall remain in full force and effect.

Time Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Terms or use of the Service must be filed within one year after such claim or cause of action arose or be forever barred.

Headings. The section headings and sub-headings contained in the Terms are for convenience only and have no legal or contractual effect.

Relationship. Your use of this Service does not create a joint venture, partnership, employment or agency relationship with Qoobole or any of our third party providers.

Attorneys’ Fees. If Qoobole or its third party providers take any action to enforce this Terms, such parties will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorneys’ fees and any cost of litigation, arbitration or other similar proceeding, in addition to any other relief, at law or in equity, to which such parties may be entitled.

Injunctive Relief. You acknowledge that a violation or attempted violation of any of this Terms will cause such damage to Qoobole as will be irreparable, the exact amount of which would be difficult to ascertain and for which there is not adequate remedy at law. Accordingly, you agree that Qoobole shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms by you, your affiliates, partners, or agents, as well as recover from you any and all costs and expenses sustained or incurred by Qoobole in obtaining such an injunction, including, without limitation, reasonable attorneys’ fees. You agree that no bond or other security shall be required in connection with such injunction.

Modification. Qoobole reserves the right to change or modify the terms of this Terms. You are responsible for regularly reviewing this Terms. Any use of the Service following any change constitutes your acceptance of such modifications or changes.

If you have any questions regarding the Service or the Terms, please contact us at support@qoobole.com.