1. Disclaimers, Exclusions, and Limitations
The disclaimers, exclusions, and limitations in these Terms apply to the maximum extent permitted by applicable law and survive termination. Nothing in these Terms limits rights you may have under laws that cannot be waived.
2. Disclaimer of Warranties
The service and all content are provided “as is” and “as available.” to the fullest extent permitted by law, we disclaim all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not guarantee uninterrupted or error-free operation, protection against unauthorized access, or that any defects will be corrected. We may review, moderate, or remove content at our discretion, but we are not obligated to do so.
2.1 Guarantees
We make no representations or guarantees regarding the accuracy, completeness, usefulness, or reliability of the Platform or any content available through it, nor do we warrant the outcomes of your use of the Platform. Any reliance you or others place on such materials is at your own risk, and we disclaim all liability arising from such reliance by you, other Users, or anyone who may receive or act on the Platform’s content.
2.2 Warranties
Your use of QuinkyPeople.com and all Company services and features is entirely at your own risk. We do not warrant that QuinkyPeople.com will be available at any specific time or location, or that it will be secure, uninterrupted, error-free, or free of viruses or other harmful components, and we do not promise that any defects will be corrected. You are solely responsible for appropriate security, antivirus protections, data accuracy checks, and maintaining backup copies of any data outside of our services.
2.3 Loss or Damage
To the fullest extent permitted by law, we are not liable for any loss or damage caused by distributed denial-of-service attacks, viruses, or other harmful technology that may affect your devices, programs, data, or other property in connection with your use of QuinkyPeople.com or any services or items obtained from us. Nothing in this section limits any warranties that cannot be excluded under applicable law.
2.4 Prescreening and Moderation
User Content may be pre-screened or moderated. Your User Content must comply with these Terms and all applicable payment processor rules. We may, at any time and for any reason, demote or terminate your account, and demote, remove, or refuse to publish any User Content, with or without prior notice.
3. Limitation of Liabilities
To the maximum extent permitted, the Company and its affiliates, officers, directors, employees, agents, licensors, and suppliers will not be liable for losses or damages arising from or related to:
(a) user disputes;
(b) content errors or omissions;
(c) unauthorized access to or use of accounts or data;
(d) any interruption or cessation of transmission;
(e) bugs, viruses, or similar harm transmitted by third parties;
(f) actions or inactions of payment or payout processors;
(g) actions taken to enforce these Terms; or
(h) events beyond our reasonable control.
4. Releases
You release the Company from claims, demands, or damages of every kind known and unknown, arising out of or in any way connected with disputes between users or with third parties, including those relating to User Content, purchases, or interactions. If you are a California resident, you waive California Civil Code § 1542 (and any similar statute), which says that a general release does not extend to claims which the creditor does not know or suspect to exist.
4.1 Liability
The Company, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors will not be liable to you for any direct, indirect, incidental, consequential, special, exemplary, or punitive loss or damage arising out of or relating to your use of the Service. This includes liability for errors, mistakes, or inaccuracies in content, personal injury or property damage resulting from your access to or use of QuinkyPeople.com, User Content or User conduct that violates these Terms, and products sold by other Users. It also includes unauthorized access to or use of our servers or any personal or financial information stored on them, as well as unauthorized access to or alteration of your account, submissions, transmissions, or data.
4.2 Viruses, Malware, Ransomware, etc.
We are not responsible for interruptions or failures in transmission to or from QuinkyPeople.com. We are not liable for viruses, malware, ransomware, Trojan horses, or any other harmful code transmitted through the Service or that may infect your devices, software, or data. We do not accept liability for incompatibility between QuinkyPeople.com and your hardware, software, or services, delays or failures in starting, conducting, or completing transmissions or transactions, or any loss or damage resulting from content posted, emailed, transmitted, or otherwise made available through QuinkyPeople.com. To the fullest extent permitted by law, all such liability is excluded.
5. Exclusion of Damages & Liability Cap
You release the Company, together with its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors, from any and all liability arising from User submissions, User conduct, or the actions of any third party. This release includes, without limitation, any disputes, claims, or damages between you and one or more other Users or third parties.
5.1 Negligence
Except where caused by the Company’s gross negligence or intentional misconduct, the Company and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors will not be liable to you for any direct, indirect, special, consequential, statutory, punitive, or exemplary damages arising out of or relating to your access to, use of, or inability to access the Service or its content. This limitation applies regardless of the legal theory asserted and applies even if you have advised the Company of the possibility of such damages, or if the Company knew or should have known that such damages might occur.
5.2 Loss and Damages
The Company and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors will also not be liable to you for any damages arising from personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, loss of privacy, or computer failure associated with your access to, use of, or inability to access the Service or its content. This limitation applies regardless of the legal theory asserted and even if you have informed the Company of the possibility of such damages, or if the Company knew or should have known that such damages might occur.
5.3 Liability Maximum
If you are dissatisfied with QuinkyPeople.com or have any complaint, your sole and exclusive remedy is to stop using the Service or to submit a complaint through the procedures provided below. In all cases, the maximum liability of the Company and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors for any claim will not exceed the greater of one hundred United States dollars ($100 USD) or the amount you paid to the Company for the specific purchase giving rise to the claim, even if any remedy fails of its essential purpose.
6. Complaints
Report concerns to support@quinkypeople.com. We will acknowledge within a reasonable time (or as required by law), investigate, and take appropriate action, which may include content removal, warnings, suspensions, or termination. Where appeals are available, instructions will be provided in our response. DMCA notices should be directed to our designated agent listed in our DMCA Policy.
6.1 Reporting
All media on QuinkyPeople.com may be reported directly through the on-site reporting tools. You may also contact support at support@quinkypeople.com and provide your name, email address or username, any relevant URLs, and a brief description of the issue you are reporting. Please include only the information necessary for us to locate and review the content.
6.2 Other Platform Moderation
As a general matter, we do not moderate or take action based solely on conduct that occurs on other platforms or offline, except where required by law or where it affects the safety or integrity of QuinkyPeople.com. We may also suggest or provide tools, such as blocking, to help you prevent further interaction with another user.
6.3 Complaint review/resolution
We aim to operate QuinkyPeople.com in a fair and reasonable manner, but we do not guarantee that any report will be reviewed or resolved within a particular timeframe or in a particular way. We may review reports and, if we determine in our discretion that a violation has occurred, we may remove or restrict content, limit features, or take other action we consider appropriate, including where content appears to be illegal.
6.4 Appeals
Appeals regarding content removals or account suspensions or terminations may be submitted to compliance@quinkypeople.com with a brief explanation of the reason for the appeal. We may review appeals at our discretion, and we may request additional information if necessary. If we decide to take further action on your appeal, we will notify you by email or other electronic means.
6.5 Offline Consent
We do not make determinations about offline consent disputes, and we are not required to submit such disputes to any third-party process unless required by law.
6.6 Serious or Repeated Violations
We reserve the right to take enhanced enforcement actions against users who repeatedly violate our rules or who commit a single serious violation. These actions may include, without limitation, restricting features, suspending or deleting the user’s account, or permanently prohibiting the user from accessing or using QuinkyPeople.com in the future.
6.7 Copyright and DMCA
Copyright infringement claims must be submitted to our Designated DMCA Agent in accordance with our DMCA Policy. We handle DMCA notices and counternotifications, if any, in accordance with the Digital Millennium Copyright Act and our DMCA Policy.
7. Indemnification
7.1 Indemnification Provision
You agree to indemnify, defend, and hold harmless the Company and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) from and against any and all claims, losses, liabilities, damages, judgments, awards, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your access to or use of QuinkyPeople.com, your conduct on QuinkyPeople.com (including any content you submit), your breach of these Terms, your actual or alleged violation of any person’s rights (including intellectual property or privacy rights), your actual or alleged violation of any law, your actual or alleged negligent, fraudulent, or intentional acts or omissions, or your actual or alleged criminal conduct. This indemnification obligation does not apply to the extent a loss is caused by the intentional misconduct of the Indemnified Parties.
7.2 Definitions
“Loss” means any amount that the Indemnified Parties are legally responsible for or actually pay in any form. Losses include, by way of example, judgments, settlements, fines, damages, injunctive or other equitable relief, internal staff time and compensation, reductions in property value, and all costs and expenses incurred in investigating, defending, or resolving a claim (including reasonable fees of legal counsel, experts, and other advisors). A Loss may be tangible or intangible; may arise from bodily injury, property damage, or any other harm; may be based on tort, contract, statute, or any other legal theory; and includes incidental, direct, and consequential damages. A Loss is “caused by” an event if the Loss would not have occurred but for that event, even if the event is not the proximate cause of the Loss.
7.3 Duty to Notify
If the Indemnified Parties have your contact information, they will notify you of any claim for a Loss within a reasonable time after becoming aware of it. However, any delay in providing notice will not limit your indemnification obligations unless the delay materially prejudices your ability to defend or mitigate the Loss.
7.4 Legal Defense
The Indemnified Parties will have the right to control the defense and resolution of any claim for a Loss, including any settlement, unless they ask you to assume control of the defense. If you are directed to control the defense, you may not settle any claim without the Indemnified Parties’ prior written consent if the settlement imposes any obligation, penalty, or restriction on an Indemnified Party, includes any admission of fault by an Indemnified Party, or fails to provide a full release of all claims against the Indemnified Parties. You and the Indemnified Parties will cooperate with each other in good faith in connection with any such claim.
7.5 No Exclusivity
Indemnification is in addition to, and not in limitation of, any other rights or remedies available to the Company.
8 Changes to this Policy
We reserve the right to change these Terms and associated policies or procedures from time to time with or without prior notification.
