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TERMS AND CONDITIONS
In using this website you are deemed to have read and agreed to the following terms and conditions:
ACCEPTANCE OF TERMS
The Website Services (as defined in this document) that Qwantum Leap Ltd. provides to you on its websites namely; dayjahvoo.com, epik.video and all related domain suffixes (“Websites”) are subject to the following Terms and Conditions (“T&Cs”). Qwantum reserves the right to update the T&Cs at any time without notice to you. The most current version of the T&Cs can be reviewed by clicking on the "Terms and Conditions" hypertext link located on the Websites pages.
DESCRIPTION OF WEBSITE SERVICES
Throughout these Websites, Qwantum provides you with access to a variety of resources, which may include upload and download areas, communication forums and information (collectively “Website Services”). The Website Services, including any updates, enhancements, new features, and/or the addition of any new web properties, are subject to these T&Cs. These T&Cs do not apply to use of the Microsoft Azure cloud services platform which is governed by the Microsoft Azure Legal Information that can be reviewed by clicking on the hypertext link below:
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
Your privacy is important to us. This privacy section explains what personal data we collect and how we use it.
Personal Data We Collect: Qwantum collects the following data during your interaction with us:
- Your email address (required)
- Your name (required)
- If you are a business we also collect: Business address, VAT/Tax ID for invoicing
- The pictures, text and videos you upload
- The email addresses of people you are sending personalised videos to
Your uploaded content is deleted within a period not exceeding 4 weeks after it is completed, in order to protect your data and to ensure we do not expose you in the unlikely event of a system breach.
If you contact us for support, we may request some additional information from you in order to assist you.
How We Use Personal Data: Qwantum uses the data we collect to provide you the services we offer. We also may use the data such as your email address to communicate with you, for example, informing you about your account, security updates and product information.
Reasons We Share Personal Data: We share your personal data with your consent or as necessary when required by law or to respond to legal process; to protect our customers; to protect lives; to maintain the security of our services; and to protect the rights or property of Qwantum.
We also use web beacons to help deliver cookies and gather usage and performance data about our services.
You have a variety of tools to control cookies, web beacons and similar technologies, including browser controls to block and delete cookies and controls from some third-party analytics service providers to opt out of data collection through web beacons. Your browser and other choices may impact your experiences with our services.
Qwantum Account: With a Qwantum account, you can sign into Qwantum services, as well as those of select Qwantum partners. Signing into your Qwantum account can enable improved personalization, provide seamless and consistent experiences across services and devices, and help you access and use cloud data storage and other enhanced features and settings.
When you sign into your Qwantum account to access a service, we create a record of that sign in. If you sign into a third-party service with your Qwantum account, you will be asked to consent to share the account data required by that service.
Other Important Privacy Information: Qwantum is committed to protecting your privacy and in this regard we will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
CANCELLATION AND REFUNDS
When you create a video, you pay for the service prior to the upload of your content commencing. Should there be a failure prior to a final video being delivered electronically to you, we will first attempt to resolve the issue promptly and rerun the job. Failing that, if the issue is a fault of ours, we will make a full refund to you in full.
SOFTWARE AVAILABLE ON THIS WEBSITE
Any software that is made available to download from the Website Services ("Software") is the property of Qwantum and/or its suppliers. Use of the Software is governed by the license terms, if any, which accompany or are included with the Software ("License Agreement"). An end user will not be authorized to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited.
MATERIALS POSTED ON THIS WEBSITE
All materials, including software, help topics, white papers, datasheets, videos, and FAQs (collectively "Materials") that are made available as part of the Website Services are the property of Qwantum or its suppliers. Your use of these Materials is governed by one of two sets of license terms; if you are presented with a license for the Materials, the terms of that license apply; if no license is presented to you, these terms apply. Qwantum or its supplier’s reserves all other rights to the Materials not expressly granted under these license terms. In your use of the Materials you may not:
* Remove, modify or tamper with any copyright notices;
* Distribute the Materials to third parties, including by posting the Materials on any networked computer for access by any other computer on the network, or broadcast the Materials in any media; or
* Make any modifications to the Materials.
Qwantum may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in the Materials. By providing the Materials to you, Qwantum does not give you any license to these patents, trademarks, copyrights, or other intellectual property, unless Qwantum does so expressly in writing.
Some Materials available as part of the Website Services are licensed to you by third parties. Qwantum does not grant you any additional rights (express or implied) for such third-party Materials.
Qwantum does not claim ownership of any materials you provide to Qwantum (including feedback and suggestions) or post, upload, input, or submit to any Website Services for review by the general public, or by the members of any public or private community (collectively "Submissions"). However, by posting, uploading, inputting, providing, or submitting your Submission, you are granting Qwantum, its affiliated companies, and necessary sub licensee’s permission to use your Submission in connection with the operation of their Internet businesses.
QANTUM AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE MATERIALS AND RELATED GRAPHICS PUBLISHED AS PART OF THE WEBSITE SERVICES FOR ANY PURPOSE. ALL SUCH MATERIALS AND RELATED GRAPHICS, AND THE WEBSITE SERVICES, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. QWANTUM AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE FOREGOING, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE MATERIALS AND RELATED GRAPHICS PUBLISHED ON THE WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. QWANTUM AND ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE WEBSITE SERVICES AND/OR THE MATERIALS DESCRIBED HEREIN AT ANY TIME.
IN NO EVENT SHALL QWANTUM OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE WEBSITE SERVICES, ANY PROVISION OF OR FAILURE TO PROVIDE THE WEBSITE SERVICES, OR ANY INFORMATION AVAILABLE FROM THE WEBSITE SERVICES. THE AGGREGATE LIABILITY OF QWANTUM ARISING UNDER THIS AGREEMENT WILL NOT EXCEED $5.00 USD.
UNSOLICITED IDEA SUBMISSION POLICY
Neither Qwantum nor any of its employees accept or consider unsolicited ideas, including ideas for new advertising campaigns, promotions, products or technologies, processes, materials, marketing plans or product names. Please do not send any artwork, samples, demos, or other unsolicited ideas to Qwantum or anyone at Qwantum. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Qwantum’s products or marketing strategies might seem
similar to ideas submitted to Qwantum. If, despite our request that you not send us your ideas or materials, you still send them, please understand that Qwantum makes no assurances that your ideas or materials will be treated as confidential or proprietary.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of the Website Services require you to open an account, you must complete the registration process by providing us with current, complete, and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and any other non-public account information. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Qwantum immediately of any unauthorized use of your account or any other breach of security. Qwantum will not be liable for any loss that you may incur as a result of someone else using your user name, password, or account, either with or without your knowledge. However, you could be held liable for losses incurred by Qwantum or another party due to someone else using your user name, password, or account. You may not use anyone else's account at any time without the permission of the account holder.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Website Services, you will not use the Website Services for any purpose that is unlawful or prohibited by these T&Cs. You may not use the Website Services in any manner that could damage, disable, overburden, or impair any Qwantum server, or any networks connected to any Qwantum server, or that could interfere with any other party's use and enjoyment of any Website Services. You may not attempt to gain unauthorized access to any Website Services, other accounts, computer systems, or networks connected to any Qwantum server or to any of the Website Services through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website Services.
USE OF COMMUNICATION SERVICES
The Website Services may contain message or communication facilities designed to enable you to communicate or share materials or solutions with others (each a "Communication Service" and collectively the "Communication Services"). You agree to use the Communication Services only to post, send, and receive messages and materials that are proper and, when applicable, related to the particular Communication Service. If you choose to share materials or solutions with others using a Communication Service, you agree that you are giving a license to all users of the Communication Service, including the rights to use, modify, and repost such materials or solutions, and you are allowing Qwantum to make them available to such users in a manner and location of its choosing. In using the Communication Services, you may not:
* Use the Communication Services in connection with surveys, contests, pyramid schemes, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise);
* Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
* Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, obscene, indecent, or unlawful topic, name, material or information;
* Upload, or otherwise make available, files that contain images, photographs, audio, software, or other material protected by intellectual property laws, including, by way of example and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same;
* Use any material or information, including images or photographs, which are made available through the Website Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
* Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property;
* Advertise or offer to sell or buy any goods or services for any business purpose, unless a Communications Service specifically allows such messages;
* Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, or distributed in such manner;
* Falsify or delete any copyright management information, such as author attributions, legal or other proper notices, or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
* Restrict or inhibit any other user from using and enjoying the Communication Services;
* Violate any code of conduct or other guidelines that may be applicable for any particular Communication Service;
* Harvest or otherwise collect information about others, including e-mail addresses;
* Violate any applicable laws or regulations;
* Create a false identity for the purpose of misleading others; or
* Use, download, or otherwise copy or provide (whether or not for a fee) to a person or entity any directory of users of the Website Services or other user or usage information or any portion thereof.
Qwantum has no obligation to monitor the Communication Services. However, Qwantum reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Qwantum reserves the right to terminate your access to any Communication Service at any time, without notice, for any reason whatsoever.
Qwantum reserves the right at all times to disclose any information to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or remove any information or materials, in whole or in part, in Qwantum's sole discretion.
Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Services. Qwantum does not control or endorse the content, messages, or information found in any Communication Services and, therefore, Qwantum specifically disclaims any liability with regard to the Communication Services and any actions
resulting from your participation in any Communication Services. Managers and hosts are not authorized Qwantum spokespersons, and their views do not necessarily reflect those of Qwantum.
Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction, or dissemination. You are responsible for adhering to such limitations if you download such materials.
If you provide feedback to Qwantum, you give Qwantum an irrevocable, perpetual, sub licensable right to use, share, and commercialize your feedback in any way and for any purpose at no charge. You also give third parties any patent rights in your feedback needed for their products, technologies, and services to use or interface with any specific parts of a Qwantum software or service at no charge. You will not give feedback that is subject to a license or other obligation that requires Qwantum to grant or pass through any rights or make any disclosures or payments to third parties. These rights survive these terms.
No compensation will be paid with respect to the use of your Submission, as provided herein. Qwantum is under no obligation to post or use any Submission you may provide, and Qwantum may remove any Submission at any time in its sole discretion.
By posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these T&Cs including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submission.
In addition to the warranty and representation set forth above, by posting a Submission that contain images, photographs, pictures, or content that is otherwise graphical in whole or in part ("Images"), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use the Images or any content contained in the Images consistent with the manner and purpose of your use and as otherwise permitted by these T&Cs and the Website Services, (b) you have the rights necessary to grant the licenses and sublicenses described in these T&Cs, and (c) each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these T&Cs, including, by way of example and not as a limitation, the distribution, public display, and reproduction of such Images. By posting Images, you are granting (a) to all members of your private community (for each such Image available to members of such private community), and/or (b) to the general public (for each such Image available anywhere on the Website Services, other than a private community), permission to use such Image in connection with the use, as permitted by these T&Cs, of any of the Website Services; a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat such Image without attribution, and the right to sublicense such rights to any supplier of the Website Services. The licenses granted in the preceding sentences for an Image will terminate at the time you completely remove such Image from the Website Services, provided that such termination shall not affect any licenses granted in connection with the Image prior to your complete removal of the same. No compensation will be paid with respect to the use of any such Images.
LINKS TO THIRD PARTY SITES
The Website Services may contain links to third party websites that are external to the Website. These websites are not under Qwantum’s control. Qwantum makes no effort to review the content of these websites, including the validity, legality, copyright compliance, or decency of such content,
and is not responsible for the content of these websites. If Qwantum has included these links in the Website to third-party websites, such links are provided for convenience only. Qwantum does not endorse or make any representation, guarantee, or assurance regarding any third-party website, service, or product. Any third-party product or service that you acquire, and any exchange of data between you and such third-party provider, is solely between you and the third party. Third party websites may be subject to the third-party’s terms, conditions, and privacy statements. Qwantum may disable links to any third-party website that you or others post on the Website.
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
INTELLECTUAL PROPERTY RIGHTS
Qwantum or its suppliers retain all right, title, and interest in and to the Website and the Website Services, including all copyrights, patents, trade secrets, trademarks, and other intellectual property rights. Qwantum reserves all rights not expressly granted. These T&Cs do not grant or imply any rights to any Qwantum or supplier trademarks, trade names, or logos.