If you choose to provide any information or register on the Site, you agree to provide and maintain complete, current, true, and accurate information.
To register you will need to provide an email address, a password, and such other information as may be required. You are responsible for keeping your password confidential. You are responsible for all activities that occur under your password, so it is important that you protect against unauthorized access to your computer.
You agree to immediately notify us of any unauthorized use of your account or any other breach of security. QBF cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
The trademarks, logos and service marks (the “Trademarks”) displayed on the Site, unless otherwise specified, are either our registered and unregistered trademarks or are used under license. Nothing contained in the Site should be construed as granting, by implication or otherwise, any license or right to use any Trademark displayed in the Site without our written permission or the written permission of any third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, is strictly prohibited. You are hereby also advised that QBF will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
INTELLECTUAL PROPERTY, PRIVACY and PUBLICITY
The content displayed on this Site, including all images, graphics, individuals and verbiage, are either the property of or used with permission by QBF.Â You are strictly prohibited from modifying, transmitting, distributing, reusing, re-posting, “framing” or using the content of the Site, including the text, images, audio and/or video, for public or commercial purposes without our written permission. Â Â Any unauthorized use of the content and/or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
RESTRICTIONS ON MATERIALS YOU POST
Except as otherwise provided for on this site, any communication or material you transmit or post to the Site by electronic mail or otherwise, including but not limited to any data, questions, reviews, comments, ratings, suggestions, drawings, images, or the like, is and will be treated as non-confidential and non-proprietary, and may be used by QBFor its affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, posting, and developing and marketing products using such information.
In addition to the rights applicable to anything you transmit or post, when you post reviews, comments or other content to the Site, you also grant us the right to use the name that you submit with any review, comment, or other content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other content that you post on this Site, and that use of your name, reviews, comments, or other content by us will not infringe upon or violate the rights of any third party. In addition, you shall not use a false name or e-mail address, pretend to be someone other than yourself, or otherwise mislead us or any third parties as to the origin of anything you transmit or post on the Site.
SITE USER REQUIREMENTS
You agree not to:
- upload, download, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, vulgar, harassing, libelous, tortious, hateful, racially, ethnically, socially, politically, legally, morally, religiously objectionable or otherwise objectionable or invasive of another’s rights including but not limited to rights of celebrity, privacy and intellectual property, defamatory, obscene, scandalous, inflammatory, indecent, pornographic, or profane material as well as any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law. We reserve the right to remove any content posted at any time at our sole discretion. We will fully cooperate with any law enforcement authorities or court order requesting or directing QBF to disclose the identity of anyone posting such information or materials.
- modify, delete, copy in whole or in part, reproduce, repackage, publish, broadcast, license, transmit, distribute, display, perform, redeliver, download, email, frame, create derivative works from, participate in the transfer or sale of, post on the web, or exploit any Content on the Site, or any portions thereof, including, without limitation, any text, images, articles, photographs, illustrations, audio, video clips, graphics, interfaces, information, data, tools, products, templates, and other content or other materials on, generated by, or obtained from the Site (collectively “Content”), without our express written permission;
- violate or attempt to violate the security of the Site in any way, through any means or device including, without limitation, spamming, hacking, uploading computer viruses or time bombs, or the means expressly prohibited by any provision of this Agreement;
- decompile, disassemble, reverse engineer, decompose or otherwise deconstruct all or any portion of the Site; or
- remove any copyright, trademark or other proprietary notice or legend contained on (or printed from) the Site.
- copy, modify or distribute rights or Content from the Site, services or tools, or QBF’s or its affiliates copyrights and trademarks; or
- harvest or otherwise collect or disseminate information about QBF users/visitors of the Site, including email addresses, without their consent.
You agree that you will use this Site in accordance with all applicable United States federal, state, and local laws, statutes, regulations and ordinances, and will not take any action that harms or violates the rights of any person or entity.
DIGITAL MILLENNIUM COPYRIGHT ACT (PUBLIC LAW 105-304) WEBSITE POLICY AND PROCEDURES FOR COMPLIANCE
This Site has adopted a policy toward copyright infringement and will block access to and/or remove any material that it believes in good faith to be copyrighted material that has been illegally copied and submitted to our Site. This covers all aspects of the Site, including but not limited to chats, images, graphics, reviews, and all visitor-generated content posted on any portion of our Site.
PROCEDURE FOR REPORTING COPYRIGHT INFRINGEMENTS:
First, Submit a formal Notice of Copyright Infringement containing the following information:
- The material being infringed or otherwise objectionable
- Where on the site the infringements are located
- The name of the person/entity complaining
- How this person/entity may be contacted
- A signed statement that the complainant has good faith belief that the material is infringing or unlawful and
- A statement made under penalty of perjury that content of the Notice is truthful and the complaint is expressly authorized by the copyright holder to submit the Notice.
Next, send the Notice of Copyright Infringement to this site’s Designated Copyright Infringement Agent:
The Quick Brown Fox & Company LLC
2 Park Avenue, 10th Floor
New York, NY 10016
Attn: Legal & Business Affairs
Or via email to: email@example.com
Within a reasonable time after this information is received, the following action will be taken:
- The infringing material or Site will be blocked
- Reasonable efforts will be taken to promptly inform the infringing user of the situation
- In the case of first-time offenders, the infringing material will be removed
- To the extent possible, repeat offenders will be removed permanently from the system.
The infringing user may respond with a counter notice, which may include a signed statement, made under penalty of perjury, that the user has a good faith belief that the removal or disablement was a result of a mistake or misidentification. A complete listing of the infringing user’s contact information and consent to jurisdiction in Federal Court in the infringing user’s district must also be included, along with a statement that the infringing user will accept service of process from the original complainant. If such counter notice is received by the site’s Designated Copyright Agent, a copy of the counter notice will be sent to the original complainant. The user’s material and access will be restored in 10 to 14 days unless the Designated Copyright Agent is informed that a lawsuit has been filed over the infringing material.
While we use reasonable efforts to include accurate and up-to-date information on the Site, we make no warranties or representations as to its accuracy nor do we assume any liability or responsibility for any errors in the content of the Site.
Everything on the Site is provided to you “AS IS” without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
LIMITATION OF LIABILITY
YOUR USE OF AND BROWSING IN THE SITE ARE AT YOUR OWN RISK. NEITHER QBF, ITS AFFILIATES, SERVICE PROVIDERS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF, OR INABILITY TO USE, THE SITE, MATERIALS ON THE SITE OR PERFORMANCE OF THE PRODUCTS, EVEN IF QBF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.Â APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
NOTICE OF ARBITRATION AGREEMENT
Arbitrations will be conducted by one Arbitrator and will be Desk Arbitrations unless you or we request a Telephonic Hearing (as defined by AAA Rules). There will be no In-Person Hearing unless a claim seeks more than $75,000. We will pay all filing, administration, and arbitrator fees, unless the Arbitrator finds that your claim had no reasonable foundation or was brought for an improper purpose, in which case the Arbitrator must order you to pay those costs. After you notify us that you have commenced arbitration, we will promptly reimburse you the filing fee. If the Arbitrator issues an award in your favor on the merits of your claim that is greater than the value of our last written settlement offer made before the Arbitrator was selected, then the Arbitrator also may award you your reasonable attorney’s fees. We will not seek attorney’s fees from you even if we prevail. The Arbitrator will be bound by this Agreement.
The Arbitrator may award declaratory or injunctive relief only in favor of the party seeking relief, and only as necessary to provide relief warranted by that party’s individual claim. YOU AND QBF AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and QBF agree otherwise, the Arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
Wealso assume no responsibility, and shall not be liable for any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video or audio from the Site.
We have not reviewed all of the sites linked to the Site, and are not responsible for the content of any off-Site pages or any other sites linked to the Site. Your linking to any other off-Site pages or other sites is at your own risk and the fact that there is a link to another site should not be construed as an endorsement of either the linked Site’s content or sponsors.
TRADING WITH ENEMIES
Software and downloads from this Site are subject to United States Export Controls. No software or downloads from this Site may be downloaded or exported 1) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Syria or any other country to which the United States has embargoed goods; or 2) to anyone on the United Stated Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the software or downloads, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.