Last
updated: January 29, 2004
NOTICE: PLEASE READ THE
FOLLOWING CAREFULLY BEFORE USING THE SITE OR OTHERWISE ACCESSING ANY OF THE
CONTENT OR SERVICES AVAILABLE THROUGH THE SITE. BY USING THE SITE, YOU ACCEPT
THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND
CONDITIONS, DO NOT USE THE SITE OR OTHERWISE ACCESS ANY OF THE CONTENT OR
SERVICES AVAILABLE THROUGH THE SITE.
The
QuantumDigital, Inc. Web site (the "Site") and all associated
content and services accessible through the Site are provided by
QuantumDigital, Inc. ("QuantumDigital"). Please note the following: (i) because QuantumDigital
may update these terms and conditions at any time without notice to you, you should
review these terms and conditions from time to time (the most current version
of these terms and conditions can be reviewed by clicking on the "Terms of
Use" hypertext link located at the
bottom of the Site’s pages) and (ii) these terms and conditions include
any other operating rules or policies that may be published on the Site by
QuantumDigital (collectively, the "TOU").
1.
Copyright: All content included on the Site (including text, graphics,
logos, button icons, images, data compilations, and software)
("Content") is the property of QuantumDigital (and as applicable,
its licensors). All Content is protected by United States and international
copyright laws and other intellectual property laws, and any rights
not expressly granted herein are reserved to QuantumDigital.
2. Our
Service: QuantumDigital provides the service of composing,
printing, and mailing direct mail marketing materials,
as well as providing list and other information and materials to
assist you in your marketing efforts (the "Services"). The Services are
available through the Site and QuantumDigital authorizes you to use the Site
and to access the Services; provided you comply with the TOU. If you
breach any of the terms of the TOU, your authorization to use the Site and the Services
automatically terminates and you must immediately destroy any of the Content
you have downloaded or otherwise obtained. Please note that in providing the
Services, QuantumDigital neither makes any representation or guarantee as to
the results you will achieve from using the Services nor does it act as an
agent, partner, joint venturer, or in any other capacity on your behalf or on
behalf of the United States Postal Service ("USPS"). Delivery time averages
eight (8) to fourteen (14) business days, however QuantumDigital makes no guarantees in
this respect. All issues related to delivery of mail are matters solely between
the USPS and yourself.
3. User
Conduct: You are solely responsible for the content and context of
all items and materials you compose or otherwise distribute in using the
Services. You warrant and agree that, while accessing the Site or any Content
and during or as a result of using any Service, you shall not:
A. harass,
threaten, embarrass, or cause distress or discomfort upon another party;
B. transmit or otherwise distribute any information, data, text, files, links,
software, messages, communications, or other materials that may be considered
unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar,
obscene, hateful, or racially, ethnically, or otherwise objectionable;
C.
impersonate any other person or entity or misrepresent your affiliation with
any other person or entity;
D. violate
any applicable laws, rules, or regulations or otherwise use the Services in any
manner that violates any applicable laws, rules, or regulations (including
laws, rules, and regulations relating to unsolicited messages or calls and U.S.
export requirements);
E. upload,
publish, transmit, reproduce, or distribute in any way information, software,
or other material that is protected by copyright or other intellectual property
rights, without first obtaining proper permission; and
F. upload,
publish, transmit, reproduce, or
distribute any unlawful, fraudulent, libelous, defamatory, obscene, pornographic,
profane, threatening, abusive, or otherwise objectionable information of any
kind (including any transmissions constituting or encouraging conduct that
would constitute illegal activity, give rise to civil liability, or otherwise
violate any local, state, national or foreign law, rule, or regulation).
4. Refusal
of Service: You understand that QuantumDigital has no obligation to
monitor your use of the Services and the materials you develop with the
Services. QuantumDigital does, however, reserve the right to review the same
and to remove (and/or suspend the Services with respect to) any materials that
QuantumDigital believes (in its sole discretion) are illegal or otherwise
improper. QuantumDigital also reserves the right, in its sole
discretion, to require proof that you are authorized to distribute the content
developed with the Services.
5. Use of
Software: All software is made available for you to use solely
in accordance with the TOU. You may not reproduce, modify, distribute, or
otherwise make available the software to any third party. Further, you may not
use the software in a service bureau or other similar manner for the benefit of
any third party. Any use of the software not in accordance with the TOU is
expressly prohibited by law, and may result in severe civil and criminal
penalties. Violators will be prosecuted to the maximum extent possible. Any
software which is downloaded or otherwise accessed on the Site for or on behalf
of the United States of America, its agencies and/or instrumentalities
("U.S. Government"), is provided with Restricted Rights. Use,
duplication, or disclosure by the U.S. Government is subject to restrictions as
set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and
Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2)
of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as
applicable. Manufacturer is QuantumDigital, Inc., 8702 Cross
Park Drive, Suite 200, Austin, Texas 78754. Without limiting the foregoing,
copying or reproduction of the software to any other server or location for
further use, reproduction, or redistribution is expressly prohibited.
6.
Disclaimers; Liability: Although QuantumDigital believes that the Site, the
Content, and the Services are reliable and fully available, QuantumDigital
makes no guarantees with respect to any of the foregoing. Consequently, THE SITE,
THE SOFTWARE, AND ALL OTHER CONTENT AND SERVICES ARE PROVIDED “AS IS” AND
QuantumDigital HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO
THE SITE, THE SOFTWARE, AND ALL OTHER CONTENT AND SERVICES, INCLUDING ALL
WARRANTIES AND CONDITIONS OF MERCHANTABILITY (WHETHER EXPRESS, IMPLIED, OR
STATUTORY), FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
FURTHER,
QuantumDigital DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OF OR THE RESULTS OF THE USE OF THE SITE OR THE SERVICES IN
TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE AND DOES NOT WARRANT
THAT THE OPERATION OF THE SITE, THE SERVICES, OR ANY OF THE SOFTWARE WILL BE
UNINTERRUPTED OR ERROR FREE. QuantumDigital EXPRESSLY DISCLAIMS ANY WARRANTIES
NOT STATED HEREIN. To the
maximum extent permitted by applicable law, in no event shall QuantumDigital
(including its directors, officers, employees, and agents) be liable for any
damages (including any special, direct, indirect, incidental, exemplary, or
consequential damages, expenses, lost profits, lost savings, business
interruption, lost business information, or any other damages arising out of
the use or inability to use the Site, the Services, or any of the software)
even if QuantumDigital has been advised of the possibility of such damages.
You acknowledge that the applicable fees and prices reflect this allocation of
risk. Because some states/jurisdictions do not allow the exclusion or
limitation of liability for consequential or incidental damages, the above
limitation may not apply. If the foregoing limitation of liability is not
enforceable for any reason, then in no event shall QuantumDigital’s liability
to you for any matter arising under or relating to your use of the Site, the
Content, or the Services exceed the total amount you paid to QuantumDigital
with respect to the particular Services giving rise to the claim.
7. National
Do Not Call Registry: With respect to any Services relating to the
provision of phone number lists for telemarketing purposes, you acknowledge and
agree that: (i) although, QuantumDigital makes reasonable efforts to validate
its telemarketing data (including comparing the same against the National Do Not Call Registry on
a quarterly basis), you are solely responsible for confirming and validating
all numbers against applicable “Do Not Call” registries before using the same
and (ii) you are solely responsible for complying in all respects with all
applicable federal and state telemarketing laws, rules, and regulations.
Consequently, you are strongly encouraged to register with the National Do Not
Call Registry for the purpose of personally verifying list compliance.
8.
Modifications to Site: QuantumDigital reserves the right, for any reason,
at its sole discretion, and without notice to (i) terminate, change, suspend or
discontinue any aspect of the Services, the Content, and the Site (including
features and hours of availability) and (ii) impose limits on certain features
of the Site or restrict your access to part or all of the Site.
9. User
Information: As part of your use of the Site, you may provide certain
information to QuantumDigital or other users of the Site. Except for
applicable credit card and related information, any information or material you
transmit to the Site or otherwise provide to QuantumDigital is considered
non-confidential and non-proprietary and QuantumDigital has no obligations of
confidentiality with respect to the same. You agree that the party receiving
that information can rely upon and use such information in any manner. You
acknowledge and agree that you are solely responsible for the accuracy and
content of all information provided by you. For more information on
QuantumDigital’s information use policy, please read our Privacy Policy.
10. Links
to Other Sites: Links to third party web sites on the Site are
provided solely as a convenience to you. If you use these links, you will leave
the Site. QuantumDigital does not control and is not responsible for any of
these third party sites or their content. Thus, QuantumDigital does not
endorse or make any representations about them, any information, software, or
other products or materials found there, or any results that may be obtained
from using them. If you decide to access any of the third party sites linked to
the Site, you do so entirely at your own risk.
11.
Billing: If any of the Services requires you to open an account, you
must complete the registration process by providing us with current, complete,
and accurate information as prompted by the applicable registration form. You
also will choose a password and a user name. A one-time enrollment fee of
not more than $39 is charged when you sign up to use the Site. You are
entirely responsible for maintaining the confidentiality of your password and
account. Furthermore, you are entirely responsible for any and all activities
that occur under your account. You agree to notify us immediately of any
unauthorized use of your account or any other breach of security. We will not be
liable for any loss that you may incur as a result of someone else using your
password or account, either with or without your knowledge. However, you could
be held liable for losses incurred by QuantumDigital or another party due to
someone else using your account or password. You may not use anyone else's
account at any time, without the permission of the account holder. Orders are
billed according to arrangements determined by your enrollment and/or company
mailing program. Your credit card will be billed for any charges that are your
responsibility. QuantumDigital makes every effort to ensure accurate pricing,
but pricing errors may occur. By submitting an enrollment or order you agree to
pay the price in effect for the applicable Service you are ordering. For
pricing questions please contact us within 60 days of the applicable enrollment
or order placement. Please review your order information carefully before
placing your order. Once placed, orders cannot be changed or cancelled.
12.
Indemnification: You shall indemnify, defend, and hold
QuantumDigital, its officers, directors, employees, and agents harmless from
and against any and all claims, losses, damages, liabilities, judgments, and
fees and expenses related thereto (including attorneys' fees), arising out of,
based upon, or resulting from, any breach or violation by you of the TOU or any
use by you of the Site or the Services. QuantumDigital reserves the right, at
its own expense, to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you. In no event, however, shall you settle or
otherwise dispose of any such matter without the prior written consent of
QuantumDigital.
13. Site
Administration: QuantumDigital administers the Site from its offices
in Austin, Texas. QuantumDigital makes no representation that the Site, the
Content, or any Services are appropriate or available for use outside the
United States, and access to them from territories where their contents are
illegal is prohibited. You may not use or export or re-export the materials at
the Site or any copy or adaptation in violation of any applicable laws or
regulations (including U.S. export laws and regulations). If you choose to
access the Site from outside the United States, you do so on your own
initiative and are responsible for compliance with applicable local laws.
14. General
Provisions: The TOU comprises the entire agreement between you and
QuantumDigital and supersedes all prior agreements between the parties,
regarding the subject matter contained herein. If you become dissatisfied with
the Site, the Content, or the Services in any way, your sole recourse is to
immediately discontinue use of the same. If any provision of the TOU is held by
a court of competent jurisdiction to be invalid or unenforceable, then such
provision shall be enforced to the maximum extent permissible so as to effect
the intent of such provision and the remainder of the TOU shall continue in
full force and effect. The failure by QuantumDigital to exercise or enforce
any rights or provisions of the TOU shall not constitute a waiver of such right
or provision. You agree that any cause of action arising out of, or related to,
the Site, the Content, or any Services must commence within one (1) year after
the cause of action arose; otherwise, such cause of action is permanently
barred. The TOU will be governed by and construed in accordance with
the laws of the State of Texas, without giving effect to any principles of
conflicts of laws, all matters arising hereunder shall be exclusively venued
in Travis County, Texas, and you agree to the exclusive jurisdiction of the
state and federal courts located in Travis County, Texas. All provisions in the
TOU regarding representations and warranties, indemnification, disclaimers, and
limitations on liability shall survive any termination of the TOU or your use
of the Site, the Content, or the Services. Where the context so indicates, a
word in the singular form shall include the plural, a word in the masculine
form the feminine, and vice-versa. The
term "include" and similar terms (e.g., includes, including,
included, comprises, comprising, such as, e.g., for example), when used as part
of a phrase including one or more
specific items, are used by way of example and not of limitation.
15. More Information: For more
information please contact:
QuantumDigital, Inc.
PO Box 140825
Austin, Texas 78714-0825
Physical Address:
8702 Cross Park Drive, Suite 200
Austin, Texas 78754
Voice: (800) 637-7373
Fax: (512) 837-2777
E-mail: Info@QuantumDigital
Web: www.QuantumDigital