Qango Site Reviews: Terms and Conditions

1.0 ACKNOWLEDGEMENT AND ACCEPTANCE OF SERVICE AGREEMENT

1.1 The Qango [Premium] [Enhanced] [Basic] Review site suggestion service ("Service"), owned and operated by Qango.com is provided to you ("you" or "Applicant") under the terms and conditions of this Qango Site Review terms and conditions agreement (the "Agreement").

1.2 BY COMPLETING THE SERVICE REGISTRATION FORM AND TICKING THE "I Accept" BOX ON THE APPLICATION FORM, YOU REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER; THAT YOU HAVE AND AGREE TO PROVIDE TRUE, COMPLETE, CURRENT AND ACCURATE INFORMATION AS PROMPTED BY THE REGISTRATION FORM; AND THAT YOU AGREE TO BE BOUND BY THIS AGREEMENT.

1.3 You acknowledge that Qango reserves the right, in its sole discretion, in the future, to change, modify, add or remove all or any part of this agreement at any time.

1.4 DESCRIPTION OF THE QANGO SITE REVIEW SERVICE

1.5 Qango's Site Review is a fee-based service provided by Qango to consider your website for inclusion in Qango's main website directory at www.qango.com (the "Directory"), within a guaranteed time-scale as advertised. Your application and payment guarantees that Qango will evaluate your suggested site, consider it for inclusion in the Directory, and respond to you within 21 business days of receipt of your application and payment (excluding weekends and holidays observed by Qango and any delays due to problems with or the processing of your application).

1.6 If the site you are suggesting offers services on a subscription basis, you must provide Qango with a trial password or subscription ID as part of the application form. The password/subscription ID will be valid for a period of not less than 90 days and will be used by Qango solely as part of the evaluation process for your application.

1.7 The current fee for the service, is a one-time NON-REFUNDABLE fee (as advertised) for each URL suggested. All adult sites must be submitted to the most appropriate category under Business and Economy/Shopping and Services/Sex. You acknowledge that the payment of this fee is for consideration of your site AND DOES NOT IN ANY WAY GUARANTEE THAT YOUR SITE WILL BE INCLUDED IN THE DIRECTORY

1.8 NOTHING IN THIS AGREEMENT OBLIGATES QANGO TO LIST, LINK TO, ACCEPT OR OTHERWISE HOST YOUR SITE OR LINKS TO YOUR SITE ANYWHERE ON QANGO. IN ADDITION, IF YOUR SITE IS ACCEPTED, NOTHING IN THIS AGREEMENT OBLIGATES QANGO TO PLACE YOUR SITE WITHIN A SPECIFIC CATEGORY OR SUBCATEGORY, OR TO PROVIDE ANY COMMENTS OR ANNOTATIONS WITH THE LISTING OF YOUR SITE, OR TO RETAIN THE LISTING.

1.9 Please note that this service is only open to sites that DO NOT ALREADY EXIST in the Qango directory. You can check to see if your site is listed by using our search form and typing the domain name part of the URL you wish to suggest.

2.0 MINIMUM SITE CRITERIA

2.1 All websites submitted to Qango using the Site Review service must meet the following minimum criteria:

• The site must be a commercial website with the official business name visible to any visitor to that site;
• The site must not already appear in the directory;
• The site must support multiple browsers and capabilities (e.g., no Java-only sites);
• The site must be in the English language;
• The site must not contain any parts under construction;
• All links on the site must work (and must link to relevant content);
• The site must contain substantively unique content, as determined by Qango's editorial staff (for example, multiple submissions of URL's to the same content is not substantively unique);
• The site must clearly define the purpose, products, and/or services of the business;
• The site must be up and running 24 hours a day, 7 days a week;
• The site must not contain any content, products, services or other information that, in Qango's reasonable determination, may be illegal to sell under any applicable law, that may infringe or violate anyone's rights, or that Qango believes, in its sole discretion, is inflammatory, offensive, or otherwise inconsistent with the spirit of Qango.

THESE CRITERIA ARE MINIMUM REQUIREMENTS ONLY, AND QANGO IN ITS SOLE DISCRETION, MAY CONSIDER OTHER CRITERIA BEFORE ACCEPTING OR REJECTING A SITE.

2.2 SELECTION AND LISTING OF SITES

2.3 Qango reserves the right to decide whether, where, and how a site is listed in the Qango directory. If Qango accepts your site for inclusion in the directory, Qango will consider your preferences, but reserves the right to list your site in any category or subcategory as Qango deems appropriate. Once Qango accepts a site for inclusion, that site shall be treated as any other listing in the directory. Qango reserves the right not to include any specific keywords, comments, description, or annotations with the listing of a site in the directory.

2.4 Qango also reserves the right, in its sole discretion, to remove your site from the directory, move the listing to a different category or subcategory, and change or remove any keywords, comments, description or annotations at any time, for any reason without notification.

2.5 Any and all press releases and other public announcements related to your inclusion or possible inclusion in the directory, including the method and timing of such announcements, must be approved in advance by Qango in writing. Qango reserves the right to withhold approval of any public announcement in its sole discretion.

2.6 FEEDBACK

2.7 Qango will contact the Applicant by email describing whether the site has been accepted or rejected. If the site is rejected, Applicant is entitled to request one reconsideration of the site at no additional charge by sending an email to the address provided by Qango. Qango must receive the Applicant's email within thirty days from the date that Qango transmits the rejection email to the Applicant. If the request is timely received, Qango will again review the Applicant's site and will then notify the Applicant of its final decision regarding including the site in the directory. If Qango reaffirms its denial of the site, no further appeals or submissions will be considered.

2.8 If Qango accepts a suggested site, Applicant is entitled to request one reconsideration of the placement of the listing, comment fields, title, etc. at no additional charge by sending an email to the address provided by Qango. Qango must receive the Applicant's email within thirty days from the date Qango transmits the acceptance email to the Applicant. If the request is timely received, Qango will again review the Applicant's site and will then notify Applicant of its final decision regarding the listing. Once a site is included in the directory, if Applicant makes any substantial changes to the site, Applicant must use the standard change notification process to make any changes to the listing.

2.9 APPLICANT PRIVACY

3.0 Qango maintains information about Applicant on Qango servers, including but not limited to Applicant's registration information. Applicant agrees that Qango may disclose such information in good faith if such action is reasonably necessary: (a) to comply with the law or legal process; (b) to enforce this Agreement; (c) to protect the rights and interests of Qango or others; provided, however, that nothing in this section shall impose duty on Qango to make any such disclosures.

3.1 Qango may contact Applicant regarding Qango Guaranteed Site Review using the Applicant's email address provided during the registration process (or as updated by Applicant). Such email messages may contain opportunities regarding special offers and new products and/or services from Qango, or Qango's advertisers.

3.2 INDEMNITY

3.3 Applicant agrees to indemnify, defend and hold harmless Qango, and its parents, subsidiaries, affiliates, officers, directors, shareholders, employees and agents, from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of Applicant's use of or listing in the Service, the acceptance or rejection of Applicant's suggested site, any alleged violation of this Agreement, or any alleged violation of any rights of others. Qango reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by Applicant, which shall not excuse Applicant's indemnity obligations.

3.4 DISCLAIMER OF WARRANTIES AND LIABILITIES

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER THIS AGREEMENT NOR ANY DOCUMENTATION FURNISHED UNDER IT IS INTENDED TO EXPRESS, OR IMPLY, ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE.

QANGO SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES OR LEGAL THEORIES WHATSOEVER, FOR ANY LOSS OF BUSINESS, PROFITS OR GOODWILL, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, EVEN IF QANGO IS AWARE OF THE RISK OF SUCH DAMAGES, THAT RESULT IN ANY WAY FROM APPLICANT'S USE OF OR INABILITY TO USE THIS SERVICE, QANGO'S ACCEPTANCE OR REJECTION OF A SUGGESTED SITE, OR QANGO'S CONTINUED LISTING OF A SITE IN THE DIRECTORY.

QANGO'S LIABILITY TO APPLICANT SHALL NOT, FOR ANY REASON, EXCEED THE AMOUNT ACTUALLY PAID BY THE APPLICANT TO QANGO UNDER THIS AGREEMENT.

3.5 FORCE MAJEURE

Neither party to this Agreement shall be liable to the other for any delay or failure in performance under the Agreement resulting directly or indirectly from acts of nature or causes beyond its reasonable control.

3.6 NOTICES (COMMUNICATIONS)

Any notices or communications under the Agreement shall be by electronic mail or in writing and shall be deemed delivered upon receipt to the party to whom such communication is directed, at the addresses specified below. If to Qango, such notices shall be addressed to "orders@qango.com", or Qango.com, Room 112 Microfirm Centre, Wincolmlee, Hull, HU2 0PZ, United Kingdom. If to Applicant, such notices shall be addressed to the electronic or mailing address specified in the Applicant's registration form, or such other address as either party may give the other by notice as provided by this section.

3.7 ENTIRE AGREEMENT

This agreement constitutes the entire agreement between the parties with respect to the Service and supersedes all previous proposals, both oral and written, representations, writings and all other communications between the parties.

3.8 GENERAL

The Agreement and the relationship between Applicant and Qango shall be governed by the laws of the United Kingdom without regard to its conflict of law provisions. Applicant and Qango agree to submit to the personal and exclusive jurisdiction of the Crown Court, Hull, United Kingdom or the High Court, London, United Kingdom. Qango's failure or exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court shall endeavor to give effect to the parties' intentions as reflected in the provision, and agree that the other provisions of the Agreement remain in full force and effect. Applicant agrees that regardless of statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service, to the Agreement, or to Applicant's listing in the Directory must be filed within six (6) months after such claim or cause of action arose, or be forever barred.

The section titles in the Agreement are for convenience only and have no legal or contractual effect.

< Back