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Conditions for Use of the Site
The Site is intended for persons who are 18 or older and of legal age to form a binding agreement. If you are under 18 or not of legal age to form a binding agreement, do not access or use the Site. The Site is offered subject to your acceptance without modification of all of the terms and conditions contained in this Agreement, including any additional policies referenced in this Agreement. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THE AGREEMENT WITHOUT MODIFICATION, DO NOT ACCESS OR USE THE SITE. By accessing or using any part of the Site in any manner, you agree to be bound by the terms and conditions of the Agreement as such terms and conditions may be modified by us from time to time in our sole discretion. Please check this Agreement periodically for changes. Your continued access or use of the Site following any changes to the Agreement constitutes your acceptance of those changes.
The Site may allow users to post or upload digital media such as photos and videos, tags, comments, reviews and other materials ("User Content"). We are not the publisher or author of User Content and we may not screen all User Content before it is posted. By using the Site, you may be exposed to content that you may find offensive, inaccurate, misleading, or otherwise objectionable. This may include content, such as comments and tags, that other users post or upload to User Content you created. We reserve the right in our sole discretion to edit, redact, or delete User Content at any time and for any reason, but we are not responsible for any failure or delay in removing User Content.
You may not post or upload, distribute, or otherwise publish through this Site any content that (a) is unlawful, (b) is libelous, defamatory, fraudulent, obscene, or threatening, (c) infringing on third parties’ intellectual property rights, including, but not limited to, trademark, copyright, or patent rights, right of publicity, right of privacy, trade secret, or other proprietary rights, (d) harassing, abusive, or otherwise objectionable, (e) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any applicable law, statute, ordinance or regulation, or (f) may contain software viruses, spyware, or malware.
You also agree (a) to be solely responsible for any damages resulting from any User Content you submit, (b) that all User Content you submit will be treated as non-proprietary and non-confidential, and (c) not to submit any User Content that constitutes spam or unwanted advertisements or commercial material. By submitting User Content to us, you automatically grant us the royalty-free, perpetual, worldwide, irrevocable, non-exclusive right to use, publish, reproduce, license, sublicense, distribute, sell, perform, translate, and display User Content (including any drawings, images, sounds, video recordings, metadata such as time and location associated with the User Content, or other data embedded in the User Content and including adaptations and derivative works based on the User Content) for any purpose and in any manner or medium (now existing or hereafter developed).
Copyright and Intellectual Property
The Site may feature trademarks, service marks, logos, text, software, files, graphics, photos, images, design, music, video, and data (“Site Content”) that are the property of Quantomic, LLC and its affiliates and are protected under copyright, trademark, and other laws of the United States. The Site also may include Site Content that is owned by other third parties. You agree not to use Site Content in any manner without the prior permission of the applicable owner. Nothing contained in the Site grants, by implication, estoppel, or otherwise, any license or right to reproduce, republish, distribute, copy, display, perform, transmit, sell, or otherwise use any Site Content without our express written permission. If you wish to request permission to use any Site Content, please email your request to firstname.lastname@example.org.
Just as we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that any Site Content infringes upon your copyright, please notify us by email at email@example.com. Your notice should include (a) a description of the copyrighted work that you claim has been infringed; (b) the URL where the allegedly infringing Site Content is located; (c) your full name, postal address, telephone number, and email address; (d) a statement that you have a good faith belief that the use of the allegedly infringing material on our Site is not authorized; (e) your physical or electronic signature; and (f) a statement that you are the copyright owner or an authorized agent of the copyright owner.
Disclaimer of Warranties
We disclaim any responsibility for any harm resulting from access or use of the Site. Your use of the Site is at your sole risk. The Site and all Site Content are provided "AS IS" and “AS AVAILABLE” to the full extent permitted by law. We do not warrant that the Site or the Site Content are (a) fit for any particular purpose; (b) uninterrupted, secure or error-free; or (c) free of defamatory, offensive, inaccurate, or illegal material or defects such as viruses, malfunctions, or harmful components that could damage or allow unauthorized access to your computer, computer network, or mobile device. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR AT OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, AFFILIATES OR REPRESENTATIVES (OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS) SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SITE OR SITE CONTENT INCLUDING, BUT NOT LIMITED TO (A) DAMAGES CAUSED BY DEFAMATORY, OFFENSIVE, INACCURATE OR ILLEGAL MATERIAL, (B) DAMAGES CAUSED BY VIRUSES, MALFUNCTIONS, OR HARMFUL COMPONENTS ACCESSED THROUGH THE SITE, (C) DAMAGES CAUSED BY ERRORS, SUSPENSIONS, OMISSIONS, INTERRUPTIONS, DEFECTS OR DELAYS, AND (D) DAMAGES FOR LOST PROFITS, LOSS OF DATA, OR OTHER INTANGIBLES EVEN IF FORESEEABLE OR IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, THE TOTAL LIABILITY OF QUANTOMIC, LLC OR ITS AFFILIATES FOR ANY REASON WHATSOEVER TO YOU RELATED TO THE SITE OR SITE CONTENT SHALL NOT EXCEED ONE HUNDRED DOLLARS (US $100).
Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages. Therefore, the exclusions set forth above may not apply to you.
You agree to indemnify, hold harmless, and release us and our respective officers, directors, members, employees, agents, affiliates, representatives (and their respective successors and assigns) from and against any and all claims, damages, costs, and expenses including, but not limited to, reasonable attorney's fees arising from or related to your access, use, or misuse of the Site. We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
The Site may include links to other websites that are not owned or operated by us. We do not have any control over these third party websites and are not responsible for any information, functionality, or content accessed through such websites. By linking to third party websites, we do not represent or imply that we endorse such websites. You are responsible for taking the necessary precautions to protect yourself and your computer from viruses, worms, and other harmful or destructive content that may be accessible through such web sites. We disclaim any responsibility for any harm resulting from your use of third party websites.
We reserve the right, in our sole discretion, to modify, delete or replace any part of the Agreement. It is your responsibility to check the Agreement periodically for changes. Changes become effective when we post them to the Site. We may also, at any time and for any reason in our sole discretion, modify or discontinue the Site or Site Content.
This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of Delaware without regard to conflict/choice of law principles, and you consent to the jurisdiction of the courts located in Wilmington, DE for any action related to this Agreement. If any material on this Site, or your use of this Site, is contrary to the laws applicable to your use of the Site, do not use this Site. You are responsible for informing yourself of the laws applicable to you and complying with them. If any provision of this Agreement is found to be invalid or unenforceable, such provision shall be severed from the remainder of the Agreement, which shall remain in full force and effect. No waiver of any breach or default of the Agreement shall be deemed to be a waiver of any preceding, subsequent or other breach or default. We do not guarantee we will take action against all breaches or defaults of this Agreement. The section headings used in the Agreement are for convenience only.
Effective: February 1, 2017