2. DESCRIPTION OF QG PROPERTY
2.1 QG Property is described as any and all property, content, services, software, websites, platforms, interfaces, tools, products, data, applications, metadata, images, sound, photographs, graphics, video, streams, advertisements, messages, products, materials, services, or technology owned by QG or its affiliates, licensors, or partners made available to you directly or indirectly.
2.2 Subject to these Terms, QG hereby grants you a non-exclusive, non-transferable, revocable right for personal use of QG Property as intended and permitted by QG. No other use is permitted without the prior written permission of QG. QG and its affiliates, licensors and partners shall exclusively own and hold all right, title and interest in and to QG Property including, without limitation, any and all intellectual property. You (or your employer or employee) receive no ownership rights or other rights in QG Property, other than rights to the use of QG Property permitted in these Terms, and shall not directly or indirectly contest QG’s ownership of QG Property.
3. YOUR ACCESS, USE, AND OBLIGATIONS
3.1 Personal Use. Your access to and the use of quotes and QG Property from the Website is limited to your personal, non-commercial use in accordance with the terms of this Agreement. You may not reproduce (other than as authorized for your own personal usage), publish, transmit, distribute, publicly display, rent or lend, modify, license, create derivative works from, sell or participate in the sale of or exploit in any way, in whole or in part, directly or indirectly, any of the quotes and other content so provided.
3.2 You agree that you will not use QG Property to: (a) transmit spam, bulk or unsolicited communications; (b) use a false identity or use someone else’s identity; (c) misrepresent your affiliation with a person or entity; (d) engage in or encourage conduct that violates any applicable local, state, federal, or international law; (e) transmit software viruses or any other computer code, files or programs designed to interrupt, destroy, harm, or limit the functionality of any computer software or hardware or telecommunications equipment; (f) collect, store, or provide to QG any personal data about other users and visitors, unless specifically authorized in writing by such users and QG; or (g) evade, disable or otherwise interfere with security features and functions of the Website.
4. LINKS TO OTHER SITES AND ADVERTISEMENTS
The Website contains links to third-party websites. These links are provided solely for your convenience and cannot in any way be construed or interpreted as an endorsement by The Quote Garden of the content of the third-party websites. The Quote Garden is not responsible in any way for the content of those third-party websites. The Website also contains advertisements by third parties. The Quote Garden is not responsible for the content of those advertisements or any transactions entered into between you and a third-party advertiser for services provided by such third-party advertiser. If you decide to enter into any transactions with third-party advertisers, you do so at your own risk. The Quote Garden further does not make any representations regarding the content or accuracy of materials on third-party Websites or by third-party advertisers. If you decide to access linked third-party Websites, you do so solely at your own risk and of your own choosing.
5. ADVERTISEMENTS AND PROMOTIONS
We may allow for advertisements and promotions on the Website, including, without limitation, on behalf of third-parties. All such communication, interaction and participation is strictly and solely between you and such advertisers/third-parties and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the advertisers/third-parties or any goods or services you may purchase or obtain from any advertiser/third-party).
6. INTELLECTUAL PROPERTY RIGHTS
6.1 Copyright. We do not own the exclusive rights to the quotes made by other people displayed on the Website. We do own the copyright(s) to the arrangement and information on the Website. You agree not to reproduce, link to, modify, copy, lease, loan, sell, distribute, store, publish, display, download, transmit, imitate, or create derivative works of QG content and/or QG Property, in whole or in part.
6.2 Copyright Infringement. If you are a copyright owner or an agent thereof and believe that any content on the Website infringes upon your copyright(s), you may submit a notification pursuant to the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), by providing our Designated Agent the following information in writing:
- Your contact information, including your name, address, telephone number, and email address;
- The identification, description and location of each copyrighted work that you claim has been infringed;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owners; and
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
Name of Designated Agent: Terri Guillemets
Contact Information for Designated Agent:
Upon receipt of an infringement notification by the Designated Agent, it is our policy to remove infringing material from the Website. Please note any correspondence, communication, and information provided to us through a notification of infringement may be shared with third parties. Any person sending a notification of infringement is hereby notified that under Section 512(f) of the DMCA, any person who knowingly sends meritless notices of infringement may be liable for damages.
6.3 Trademarks. “Trademarks” refers to all names, marks, brands, logos, designs, trade dress, slogans and other designations QG uses in connection with the Website and services. You agree to comply with QG’s trademark usage requirements as may be in effect from time to time. You may not use, remove or alter any QG trademarks without QG’s prior written consent. You agree not to incorporate any QG Trademarks into your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with computer or Internet-related information website, products, services or technologies.
You agree to indemnify and hold The Quote Garden, its affiliates, officers, agents, and other partners and their employees, harmless from and against any and all claims, demands, actions, liabilities, losses, expenses, damages, costs and reasonable attorneys’ fees, made by any third party due to or arising out of or relating to: (a) your use of the Website and/or QG Property; or (b) arising from your violation of any of these Terms; or (c) your user content. QG reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and all negotiation for its settlement or compromise (as applicable), and in each such case, you agree to fully cooperate with us upon our request.
These Terms, and any rights, licenses and privileges granted herein, may not be transferred or assigned by you, but may be assigned or transferred by QG without restriction and without notice to you.
This Agreement is governed by the laws of the state of Arizona and shall be subject to the exclusive jurisdiction of the courts in Phoenix, Arizona in the County of Maricopa. The offer and acceptance of this contract is deemed to have occurred in the State of Arizona. You agree that any dispute arising from or relating to this Agreement will be heard solely by a court in Phoenix, Arizona in the County of Maricopa. You further agree that the prevailing party is entitled to all of its reasonable attorneys’ fees, court costs from the unsuccessful party in any dispute.
11. DISCLAIMER AND LIMITATION OF LIABILITY
11.1 THIS SITE AND ITS CONTENTS ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITE AND CONTENT WILL BE AVAILABLE FOR USE, OR THAT ALL FEATURES, FUNCTIONS, SERVICES OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY MALICIOUS CODE OR SOFTWARE VIRUSES, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THIS SITE. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SECURITY AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF THE SITE.
11.3 TO THE FULLEST EXTENT PERMITTED BY LAW, QG IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE QG PROPERTY, EVEN IF QG HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING, WITHOUT LIMITATION, DAMAGES DUE TO: (A) THE USE OF OR THE INABILITY TO USE THE QG PROPERTY; (B) STATEMENTS OR CONDUCT OF ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR CONTENT, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; (C) DEATH OR PERSONAL INJURY OR (D) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE.
12. NO WARRANTIES
The Quote Garden makes no warranties, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, or non-infringement with respect to the Website and/or its content.
13. NO ENDORSEMENTS
Nothing on the Website shall be considered an endorsement, representation or warranty with respect to any person, entity or third party, whether in regard to its Website, content or otherwise.
14. NO GUARANTEE OF CONFIDENTIALITY
You acknowledge and understand that transmissions to and from the Website are not confidential and your communications may be intercepted or accessed by others. You acknowledge that by virtue of submitting communications to The Quote Garden, no confidential, fiduciary, contractually implied or other relationship is created between you and The Quote Garden.
15. ENTIRE AGREEMENT AND SEVERABILITY
16. INQUIRIES AND NOTICES
Inquires concerning use of the Website or any of its content should be directed to
Copyright © 2016 The Quote Garden