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Terms and Conditions

Terms of Use

Welcome to the Q-Shi-Q Japanese Barbecue Ltd. (“Q-Shi-Q”) website (the “Site”). By accessing, browsing or using this Site, you are agreeing to be bound by these terms and conditions (“Terms of Use”) and all applicable laws and regulations. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, YOU MUST IMMEDIATELY DISCONTINUE ANY USE OF THE SITE.

Q-Shi-Q may, in its sole discretion, modify or revise these Terms of Use from time to time without notice and you agree to be bound by such modification or revisions. You should visit this page periodically to review these Terms of Use. Nothing in these Terms of Use shall be deemed to confer any third party rights or benefits.

Forums and User-Defined Content

Forums are a great way for people with similar interests to interact with each other, posting immediate messages to one another about topics of interest to them. However, Q-Shi-Q does not review material submitted to the Forum/Message Board before it is published and is not responsible for such material. Please note that you may find offensive material and material not suited for you or your age. Should you find any Forum/Message Board post offensive, please click the link to alert the Site administrator.

Restrictions on Use

To access this Site you must be 19 years old or older (or at least 13 years old with parental permission to register and maintain an active account). Anyone who does not meet such age restrictions will be denied access to this Site.

NO PERSON IS PERMITTED TO POST OR DISPLAY ANY MATERIAL OR CONTENT ON THE FORUM/MESSAGE BOARD, PERSONAL PROFILES, SIGNATURES OR COMMENTS THAT COULD BE REASONABLY CONSIDERED TO BE OFFENSIVE, THREATENING, FOUL, VULGAR, OR RACIALLY OR ETHNICALLY OBJECTIONABLE. If Q-Shi-Q becomes aware of the presence of such material on the Site, the member responsible for the offending material will be contacted and placed on notice of violation and the offending material will be deleted. Q-Shi-Q reserves the right, in its sole discretion, to remove any material or content posted to the Forum/Message Board or on any part of this Site or to terminate any individual’s membership from the Site for violation of any of these Terms of Use.

The Site does not permit advertising or promotion within its forum. Anyone found to be posting for advertising purposes, posting excessive links to their website, or outwardly promoting external products and services not related to Q-Shi-Q and its sponsors and partners may be denied access to this Site.

Prohibited Uses

Without limiting the foregoing, you may not, nor may you allow others to, directly or indirectly:

(a)          remove from any content on this Site, the copyright or other proprietary notices contained in the content on this Site; sell, modify or attempt to modify the content of this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any content on this Site for any public, commercial, or non-educational or non-personal purpose; or transfer any of the content on this Site to any other person without the prior written consent of Q-Shi-Q;

(b)          print or copy any of the HTML or other computer software that may be accessible at this Site;

(c)          use our Site in any manner that could damage, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse, our Site or any services, system resources, accounts, servers, networks, affiliated or linked website, connected to or accessible through our Site (including without limitation uploading, posting or otherwise transmitting on our Site computer viruses, Trojan horses, worms or other files or computer programs which are potentially harmful, disruptive or destructive or that may impose an unreasonable or disproportionately large load on our Site’s infrastructure; or using any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from our Site or the content on our Site in whole or in part);

(d)          use or attempt to use another’s account, password, or other information in connection with our Site without prior written authorization from Q-Shi-Q; create or use a false identity on our Site, or impersonate any person or entity or otherwise misrepresent your affiliation with any person or entity; or attempt to obtain unauthorized access to our Site; or send to our Site or Q-Shi-Q any incomplete, false or inaccurate information; or

(e)          disrupt or interfere with any other person’s use or enjoyment of our Site or affiliated or linked website, or any services thereof; or delete or revise any of the content posted on our Site.

Content/Reserved Rights

Copyright © 2015 Q-Shi-Q Japanese Barbecue Ltd. of Vancouver, British Columbia, Canada. All rights reserved. Q-Shi-Q either owns the intellectual property rights, including copyright, or has acquired the necessary permissions, in the information, including all text, HTML (hypertext markup language) code, multimedia clips, images, graphics, icons, Java code and the selection and arrangement of the contents of the Site (collectively the “Information”). Unauthorized use by you of the Information may violate copyright, trademark, and other laws.

Any content published to this Site by you becomes the property of Q-Shi-Q; by posting you acknowledge that Q-Shi-Q has the unfettered right to edit, remove, copy, distribute, create derivative works from and publish such content in any form or media, either alone or as part of a collective work. You agree that any material you post is either original material, owned by you, or you have received permission from the copyright owner to post the material. You will be held responsible for any breach of copyright law. Q-Shi-Q will remove from any part of this Site any content found to violate any intellectual property right of any party.

Use of Information and Ownership

Q-Shi-Q grants you a limited licence to display, print, download and use the Information provided that you:

· do not modify the Information in any manner;

· plainly display all copyright and other proprietary notices in the same form and manner as on the original;

· display a statement that the Information is used solely with permission of Q-Shi-Q; and

·  abide by these Terms of Use.

Except as expressly granted in these Terms of Use, nothing contained herein shall be construed as conferring any license or right to you under any patents, copyrights, trademarks, trade secret information or other intellectual or proprietary rights proprietary to Q-Shi-Q.

Commercial Use of the Site

You agree not to use the Site for any commercial use, without the prior written authorization of Q-Shi-Q. Without limiting the generality of the foregoing, prohibited commercial uses include any of the following action taken without Q-Shi-Q’s express approval:

2.            use of the Site for the primary purpose of gaining advertising or subscription revenue; and

3.            the sale of advertising on any third party website, targeted to the Information.

Prohibited commercial uses do not include:

4.            using certain Information expressly designated by Q-Shi-Q (“Designated Information”) in news releases or on third party websites provided that the primary purpose of using the Designated Information is not to gain advertising revenue or compete with Q-Shi-Q; or

5.            any use that Q-Shi-Q expressly authorizes in writing.

You agree that you will comply with any request by Q-Shi-Q that you take down any Information or Designated Information you post on any website that does not comply with these Terms of Use.

Trademarks

Q-Shi-Q and the Q-Shi-Q logo and related names displayed on the Site are the trademarks, service marks or registered trademarks of Q-Shi-Q. Except as provided for under these Terms of Use, any reproduction of any of these marks without the express written consent of Q-Shi-Q is strictly prohibited.

Exclusion of Warranties and Liability

YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Q-SHI-Q, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, LEGAL, STATUTORY, CONTRACTUAL, OR IN TORT, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE, OR THE PARTIES’ CONDUCT OR COMMUNICATION WITH ONE ANOTHER, OR AS A RESULT OF THE NATURE OF THESE TERMS AND CONDITIONS, THE SITE AND YOUR USE THEREOF OR IN CONFORMITY WITH USAGE, EQUITY OR LAW OR OTHERWISE. Q-SHI-Q MAKES NO WARRANTIES, CONDITIONS OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY, PROPERTY, BODILY, OR MATERIAL DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. Q-SHI-Q EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF ANY KIND OF FITNESS FOR A PARTICULAR OR GENERAL PURPOSE, QUALITY, MERCHANTABILITY, WORKMANSHIP, NON-INFRINGEMENT, OR TITLE AND OWNERSHIP. Q-SHI-Q DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Q-SHI-Q WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROVISIONS OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS ARE HEREBY DISCLAIMED.

IN NO EVENT SHALL Q-SHI-Q, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE, INCLUDING WITHOUT LIMITATION LOSS OF DATA OR PROFIT, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR ACCESS TO THE INFORMATION ON THIS SITE, OR ANY CONSEQUENCES FLOWING THEREFROM, EVEN IF Q-SHI-Q HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH, AND WHETHER BASED IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER THEORY OF LIABILITY. THIS SITE IS CONTROLLED AND OFFERED BY Q-SHI-Q FROM ITS FACILITIES IN CANADA. Q-SHI-Q MAKES NO REPRESENTATIONS THAT THE SITE IS APPROPRIATE OR AVAILALBE FOR YOU IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

Indemnity

You agree to indemnify Q-Shi-Q and its officers, directors, employees and agents from and against any and all claims, demands, liabilities, costs, or expenses whatsoever, including without limitation legal fees and disbursements on a solicitor and own client basis, resulting directly or indirectly from your:

·                     access to or use of this Site;

·                     use of, reliance on, or publication, communication or distribution of any Information; or

·                     violation of any law or regulation.

Privacy

Please refer to Q-Shi-Q Privacy Policy located at http://www.qshiq.com/privacy-policy/

Cookies

Our Site may utilize “cookies” and other tracking technologies. A “cookie” is a small text file that may be used, for example, to collect information about Internet activity. Some cookies and other technologies may serve to recall personal information previously indicated by a user. Most browsers allow you to control cookies, including whether or not to accept them and how to remove them.

You may set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser, but please note that if you choose to erase or block your cookies, certain portions of our Site may become inaccessible.

Linked Sites

This Site may contain links to other sites as well as electronic mail links. These links are provided solely as a convenience to you. These other sites were independently developed by parties other than Q-Shi-Q and Q-Shi-Q assumes no responsibility for the accuracy or appropriateness of the information in such sites. The inclusion of any link to another site or mention of another party or its products or services on the linked site should not be construed as an endorsement of that party or its products or services. If you decide to access any linked site, you do so entirely at your own risk. Q-Shi-Q reserves the right to terminate any link to this Site.

Ability to Accept Terms of Use

You affirm that you are either more than the age of majority in your jurisdiction of residence, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Use.

General

These Terms of Use and the use of this Site shall be governed by the laws of British Columbia, Canada without regard to the conflict of laws provisions therein. You irrevocably submit to the exclusive jurisdiction of the courts located in the Province of British Columbia.

If any provision hereof is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force without being invalidated in any way.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Q-Shi-Q as a result of these Terms of Use or your use of this Site. These Terms of Use constitute the entire agreement between you and Q-Shi-Q with respect to this Site and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Q-Shi-Q with respect to this Site.