Sign-up Additional Terms of Service
- Astrient Labs, LLC is not liable for any loss or damage incurred while using this service or suffered because of service unavailability or quality.
- Astrient Labs, LLC is not liable for your uploaded content.
- You may not use your account to violate US law or any law of your country of residence.
- You may not host illegal or offensive material.
- Astrient Labs, LLC reserves the right to close any account at anytime with or without cause. Terminations are performed in Astrient Labs, LLC sole discretion and Astrient Labs, LLC shall not be liable to you or any third-party for any termination.
This Web site, CutieQs.com ("Web site"), is owned by Astrient Laboratories, LLC ("Astrient Labs"), which may be contacted at P.O. Box 310575, Miami, FL 33231; Email: firstname.lastname@example.org. The copyright and ownership interests in all information, documents, communications, files, text, graphics, software, and products included on this Web site (collectively, "Materials") are held by Astrient Labs and its suppliers and protected by U.S. laws and international treaty provisions. You agree not to use, copy, republish, frame, post, transfer, display, perform, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Materials, except as expressly allowed herein. Unauthorized use of any Materials may violate copyright laws, trademark laws, the laws of privacy and publicity, communications regulations and statutes or other applicable laws, rules or regulations, and may subject you to civil liability and/or criminal penalties.
Astrient Labs makes the materials on this Website including Materials, available for your use subject to the terms and conditions set forth in this document and any changes to this document made by Astrient Labs from time to time (collectively, "Terms and Conditions"). By downloading, installing, or using any Materials, you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not use, access, download, or install the Materials.
For those Materials made available for download from this Web site which are accompanied by or include an end user license agreement ("License Agreement") the License Agreement will prevail over these Terms and Conditions. Certain third party Materials made available for download from this Web site will be accompanied and governed by License Agreements between you and a third party ("Third Party Agreements"). Astrient Labs is not a party to such Third Party Agreements and Astrient Lab's liability to you and to third parties is limited pursuant to the warranty disclaimers and limitation of liability in these Terms and Conditions. You agree not to install, access, use, or download the Materials unless you have read and agree with the terms of the applicable license agreement.
Astrient Labs makes no representation that Materials or services at this Web site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials or services at this Web site or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access this Web site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. These Terms will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of laws.
This agreement will be governed by and construed according to the laws of the State of Florida without giving effect to any principles of conflicts of law. You agree to submit to the jurisdiction of the courts and tribunals within the State of Florida, and the United States of America with respect to any such claim. Any part of these Terms and Conditions that is unlawful, void or unenforceable will be deemed severable and will not affect the validity or enforceability of the remaining provisions. All waivers must be in writing. Any waiver or failure to enforce these Terms and Conditions on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. You may not assign your rights or obligations granted under these Terms and Conditions without the prior written consent of Astrient Labs. Any attempted assignment or transfer without such prior written consent from Astrient Labs shall be null and void. The headings of sections of these Terms and Conditions are for convenience only and are not to be used in interpreting these Terms and Conditions. In the event Astrient Labs is required to initiate legal proceedings to enforce any provision of these Terms and Conditions or you initiate any legal proceedings relating to these Terms and Conditions, the prevailing party shall be entitled to recover all reasonable attorneys' fees from the other party. These Terms and Conditions constitute the entire agreement between the parties regarding the subject matter hereof and supersedes all prior or contemporaneous agreements, understandings, and communication, whether written or oral. These Terms and Conditions may only be modified by Astrient Labs in writing.
By using the Materials, you represent and warrant that you are not located in, under the control of, or a national or resident of any country to which the U.S. has embargoed goods. You agree that you will not export or "re-export" (transfer) the Materials or any product that contains the Materials unless you have complied with all applicable United States and foreign government export controls and approvals. For additional information with respect to the United States export controls, you may wish to visit the U.S. Bureau of Industry and Security's web site at: http://www.bxa.doc.gov.
All Astrient Labs products and publications are commercial in nature. The software and documentation available by download on this Site are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable.
Access and Use
Astrient Labs makes the materials on this Website including all information, documents, communications, files, text, graphics, software, and products included on this Web site (collectively "Materials"), available for your use subject to the terms and conditions set forth in this document and any changes to this document made by Astrient Labs from time to time (collectively, "Terms and Conditions"). By downloading, installing, or using any Materials, you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not use, access, download, or install the Materials.
For those Materials made available for download from this Web site which are accompanied by or include an end user license agreement ("License Agreement") the License Agreement will prevail over these Terms and Conditions. Certain third party Materials made available for download from this Web site will be accompanied and governed by License Agreements between you and a third party ("Third Party Agreements"). Astrient Labs is not a party to such Third Party Agreements and Astrient Labs' liability to you and to third parties is limited pursuant to the warranty disclaimers and limitation of liability in these Terms and Conditions. You agree not to install, access, use, or download the Materials unless you have read and agree with the terms of the applicable license agreement.
Copyright in the Content on the Website
The copyright subsisting in all information, text, material, graphics, software, advertisements and other material on the Web site ("Content") is owned by Astrient Labs, or their suppliers or licensors (as the case may be) unless expressly indicated otherwise on the Web site.
Use of Software
Any software that is made available to download from this Web site is the copyrighted work of Astrient Labs and/or its suppliers. Use of the software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the software ("License Agreement"). You may not download or install any Software that is accompanied by or includes a License Agreement unless you have read and accepted the terms of the License Agreement. REPRODUCTION OR REDISTRIBUTION OF THE SOFTWARE IS PROHIBITED EXCEPT AS PROVIDED FOR IN THE APPLICABLE LICENSE AGREEMENT.
Copyright in other material
Astrient Labs does not give or make any warranty or representation that material on other Web sites to which the Content is linked does not infringe the intellectual property rights of any person anywhere in the world.
Astrient Labs is, and must not be taken to be, authorizing infringement of any intellectual property rights contained in material on other Web sites by linking that material.
The trademarks, service marks and logos used and displayed in the Materials are registered and unregistered trademarks and service marks of Astrient Labs and others. Sun Microsystems, Java and all Java-based marks are trademarks or registered trademarks of Sun Microsystems, Inc. in the United States and other countries. LINUX is a registered trademark of Linus Torvalds in the United States of America. All other registered and unregistered trademarks used in the Materials are the property of their respective owners. You are not granted, expressly or by implication, estoppel or otherwise, any license or right to use any Astrient Labs trademark, service mark or logo used or displayed in the Materials without the prior express written permission of Astrient Labs. When used with Astrient Labs 's permission, all trademarks must be identified as trademarks of Astrient Labs using the appropriate symbol (e.g., ™ or ®) at the first occurrence in the text of any published printed or electronic communications, including advertising, promotions, packaging, technical documentation, sales and marketing collateral and product labels. In addition, such marks must be listed, identified and attributed as the property of Astrient Labs in a footnote at the end of the communication.
Astrient Labs' technology and products, including products that may be available as part of the Materials, may be protected by one or more United States and/or international patents or patents pending.
Changes are made periodically to the Content and the Content could include technical inaccuracies or typographical errors.
Offer of Goods and Services
Limited License for Sample Code
Astrient Labs authorizes you to use a single copy of the Materials solely for non-commercial personal use, provided that you retain all copyright and other proprietary notices contained in the original Materials on any copies of the Materials. Certain code found in the Materials is specifically referenced as sample software code ("Sample Code"). If such Sample Code is accompanied by a License Agreement then the terms of the License Agreement shall govern. If a License Agreement does not accompany or is not included with the Sample Code then such Sample Code shall be governed by these Terms and Conditions and you may copy, perform, display, distribute, create derivative works, modify, and sublicense through multiple channels such Sample Code (in whole or in part).
Disclaimer of liability and warranties
You acknowledge and agree that the Materials are provided to you on an "as is" basis, without any warranty of any kind. All warranties, express or implied, including but not limited to implied warranties of merchantability, accuracy of informational content, fitness for a particular purpose, system integration, title, and non-infringement of any third party right with respect to the Materials or any services related to the Materials are expressly disclaimed to the fullest extent permitted by law.
No warranty or representation is given that the functions contained in the Materials will meet your requirements, that the operation of the Materials will be uninterrupted or error-free, or that any defects in the Materials will be corrected. Furthermore, no warranty or representation is given regarding the use or the results of the use of the Material or the adequacy of the Materials. No oral or written information or advice given by any person or entity shall create a warranty or representation or in any way increase the scope of this warranty. Some states or jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you.
You acknowledge that Astrient Labs is not liable for:
- any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, computer viruses or communication line failures; or
- the theft, destruction, damage or unauthorized access to your computer system or network.
Under no circumstances (including but not limited to any act or omission on the part of Astrient Labs) will Astrient Labs be liable for any loss or damages (including, without limitation, indirect, incidental, special or consequential or punitive damages and damages for loss of profits) whatsoever which result from any use or access of, or any inability to use or access, the Web site or any Content. You expressly acknowledge and agree that Astrient Labs does not exert control over users of the Web site and is not liable either for their opinions or their behavior including any information or advice and any defamatory statements, or offensive or illegal conduct to the fullest extent permitted by law.
To the fullest extent permitted by law, Astrient Labs liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of Astrient Labs to the following:
(a) in the case of services supplied or offered by Astrient Labs:
- the supply of the services again; or
- the payment of the cost of having services supplied again; and
(b) in the case of goods supplied or offered by Astrient Labs:
- the replacement of the goods or the supply of equivalent goods;
- the repair of such goods;
- the payment of the cost of replacing the goods or acquiring equivalent goods; or
- the payment of the cost of having the goods repaired.
For the avoidance of doubt no Astrient Labs has any liability under this agreement or otherwise in connection with the Web site or the Content.
All such material becomes the exclusive property of Astrient Labs, which is entitled to use such material for any purpose without restriction or compensation. You are prohibited from posting or transmitting to or from the Web site any unlawful, infringing, threatening, libelous, defamatory, obscene or pornographic material or any other material that would violate any law.
Astrient Labs may sell, transfer, assign or novate this agreement or all or any of its rights and/or obligations under this agreement, in whole or in part, at its discretion and without prior written consent, to any member of the Astrient Labs and, with effect from such sale, transfer, assignment or novation, all references in this agreement or the relevant part of this agreement to Astrient Labs shall be deemed to be to that member of the Thomson Group and Astrient Labs shall be released from all liability to you.
If any provision of this agreement is held invalid, unenforceable or illegal for any reason, this agreement will remain otherwise in full force apart from that provision which will be deemed deleted.