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Quixy (“we,” “us” the “Company”) provides you with an opportunity to learn about Quixy’s award-winning no-code platform, ask questions, access resources, share ideas, and connect with other Quixy users around the world on our platform https://community.quixy.com/ (the “Community”).  

Binding Agreement

1. These terms and conditions (“Terms“) are a binding agreement between you and the Company and apply to your access to and use of the Community so please read them carefully. By using the Community, you are agreeing that you have read and understood the Terms of this Community, Company’s Privacy Policy, and any other terms we may apply to the Community. You are not authorized to access and participate in the Community if you do not agree to these Terms in their entirety.

2. The Company reserves the right to modify these Terms at any time, at its sole discretion, and without notice to you. Participation in the Community is considered acceptance of Terms and any modifications which might be made. The Company may also, in its sole discretion, change, cancel, suspend, or modify any aspect of the Community without notice.

Your Community Account and Account Security

1.  To use and access the Community, you may be required to create an account (an “Account”) on the Platform and provide us with a username, password, and certain other information about yourself as set forth in the Privacy Policy.

2. You are solely responsible for the information associated with your Account and anything that happens related to your Account. You must maintain the security of your Account and immediately notify Company if you discover or suspect that someone has accessed your Account without your permission. We recommend that you use a strong password that is used only with your Account and enable two-factor authentication.

3. You will not license, sell, or transfer your Account without our prior written approval.

Your Content

1. The Community may contain information, text, links, graphics, photos, videos, audio, streams, or other materials (“Content”), including Content created with or submitted to the Community by you or through your Account (“Your Content”). We take no responsibility for and we do not expressly or implicitly endorse, support, or guarantee the completeness, truthfulness, accuracy, or reliability of any of Your Content.

2. By submitting Your Content to the Community, you represent and warrant that you have all rights, power, and authority necessary to grant the rights to Your Content contained within these Terms. Because you alone are responsible for Your Content, you may expose yourself to liability if you post or share Content without all necessary rights.

3. You retain any ownership rights you have in Your Content, but you grant Company the following license to use that Content:

(i) When Your Content is created with or submitted to the Community, you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, copy, modify, adapt, prepare derivative works of, distribute, store, perform, and display Your Content and any name, username, voice, or likeness provided in connection with Your Content in all media formats and channels now known or later developed anywhere in the world. This license includes the right for us to make Your Content available for syndication, broadcast, distribution, or publication by other companies, organizations, or individuals who partner with Reddit. You also agree that we may remove metadata associated with Your Content, and you irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content.

(ii) Any ideas, suggestions, and feedback about the Company or the Community that you provide to us are entirely voluntary, and you agree that the Company may use such ideas, suggestions, and feedback without compensation or obligation to you.

4. Although we have no obligation to screen, edit, or monitor Your Content, we may, in our sole discretion, delete or remove Your Content at any time and for any reason, including for violating these Terms, violating our policies, applicable laws and regulations or if you otherwise create or are likely to create liability for us.

Users’s Code of Conduct

1. Users agree not to use the Community to:

a) Violate the intellectual property rights of the Company or any third party;

b) Collect or attempting to collect personal data about users;

c) Engage in any actions that are designed to disrupt or undermine the Community;

d) Make attempts to gain unauthorized access to the software or the Community for any reason;

e) Transmit files that contain bots, viruses, works, Trojan horses, or any other file that could contaminate or otherwise destroy the Company’s intellectual property or stop the function of the Company’s services;

f) Engage in illegal or unsportsmanlike activities;

g) Engage in any inappropriate behaviour or actions designed to annoy or harass others; and

h) Engage in actions that disparage or malign or call into question the reputation of the Company.

Liability and Indemnification

1. By participating in the Community, you release the Company, its parent company, subsidiaries, affiliates, suppliers, advertising, and promotions agencies and their respective directors, officers, employees, and agents from any and all liability for any loss, harm, damages, cost, or expense, including, without limitation, property damages, personal injury and/or death, arising out of or in any way connected to the Community and/or the use of any Community rewards. You acknowledge that participation in this Community is entirely voluntary.

2. You shall defend, indemnify, and hold harmless the Company, its affiliates, subsidiaries and each of its, and its affiliates, subsidiaries, employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) your use or misuse of, or access to, the Platform and the Community; or (ii) your violation of the Terms or any applicable law, contract, policy, regulation or other obligation. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in connection therewith.

Privacy

You agree and acknowledge that by participating in the Community, you may require to submit personal information. The personal information will be collected, processed and used in accordance with the Company’s privacy policy which can be found at https://quixy.com/privacy-policy. In addition to the Company, the personal information may be used by Company, its parent company, subsidiaries and affiliates.

Disclaimer

THE COMMUNITY (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THE COMPANY AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SPONSORS AND PARTNERS DO NOT WARRANT THAT: (A) THE COMMUNITY AND THE PLATFORM WILL BE SECURE, ERROR-FREE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE PLATFORM WILL MEET YOUR REQUIREMENTS. THE COMMUNITY MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. YOUR USE OF THE PLATFORM AND PARTICPATION IN THE COMMUNITY IS SOLELY AT YOUR OWN RISK.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY (NOR ITS DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS OR RESELLERS,) BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, LOSS OF GOODWILL OR OPPORTUNITY, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; OR (II) FOR YOUR RELIANCE ON THE PLATFORM OR THE COMMUNITY; OR (III) FOR ANY DIRECT DAMAGES IN EXCESS (IN THE AGGREGATE) OF ONE THOUSAND RUPEES (INR 1,000/-); OR (IV) FOR ANY MATTER BEYOND ITS OR THEIR REASONABLE CONTROL, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE AFOREMENTIONED DAMAGES.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of India without regard to the conflict of laws provisions thereof. All claims, differences and disputes arising under or in connection with or in relation hereto the Platform, the Community or any transactions entered into on or through the Platform shall be subject to the exclusive jurisdiction of the courts at Hyderabad, India and you hereby accede to and accept the jurisdiction of such courts.

Miscellaneous

1. If any provision of the Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.

2. Any failure by the Company to enforce any right or failure to act with respect to any breach by you under the Terms shall not be construed as, or constitute, a continuing waiver of such provision, or a waiver of any other breach of or failure to comply with any other provision of the Terms, unless any such waiver has been consented to by us in writing.

3. The Terms are personal to you, and are not assignable or transferable by you except with Company’s prior written consent. Company may assign, transfer or delegate any of its rights and obligations hereunder without your consent.

4. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms and neither party has any authority of any kind to bind the other in any respect.

5. All notices under the Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or two days after it is sent, if sent for next day delivery by recognized overnight delivery service.