1. Your Acceptance
2. Content; Content Disclaimer
All content on the Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (collectively, “Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Qstream, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, republished, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the express prior written consent of the respective owners.
QSTREAM DOES NOT REPRESENT, WARRANT, OR GUARANTEE THAT ANY OF THE CONTENT AVAILABLE THROUGH THE SERVICES OR WEBSITE IS ACCURATE, RELIABLE, CURRENT, COMPLETE OR APPROPRIATE FOR YOUR NEEDS. FURTHER, QSTREAM DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE IN A SECURE MANNER, ERROR FREE OR UNINTERRUPTED.
Unless otherwise noted, all right, title and interest in and to the Website and Services, including without limitation Content, including all copyrights and trademarks therein, are and shall continue to be the exclusive property of Qstream. To the extent the Website, Services or Content contain information from third parties pursuant to rights granted as a matter of law (such as principles of “fair use”), Qstream owns all right, title and interest (including copyright) to such information included in the Content, on the Website or in the Services. Qstream reserves all rights not expressly granted in and to the Website, Services and the Content.
4. Use of the Website
Qstream hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:
b. you agree not to distribute in any medium any part of the Website, without Qstream’s express prior written authorization;
c. you agree not to alter, damage, delete or modify any part of the Website or any of its related technologies;
d. you agree not to use the Website for any commercial use, without the express prior written authorization of Qstream;
e. you agree not to use or launch any automated system, device, program, algorithm or methodology, including without limitation, “robots,” “spiders,” or “offline readers,” to access, acquire, copy or monitor any portion of the Website, Services or Content;
f. you acknowledge Qstream reserves the right to modify, delete or discontinue any aspect of the Website at any time;
g. you may not scan, probe or test the Website, nor breach the security on the Website;
h. you will not disrupt the normal flow of communication on the Website; or
i. you will not use the Website in any manner that could damage, disable, overburden or impair Qstream systems, interfere with any other party’s use of the Website, or violate the legal rights of any other party.
5. User Content
By posting or transmitting, imputing or uploading information or content (“User Content”) to the Website, you warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Qstream to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content and (ii) that such User Content does not violate or infringe the rights of any third parties. In addition, you automatically grant Qstream and its affiliates and Website users under your intellectual property rights, a royalty-free, perpetual, irrevocable, non-exclusive, worldwide license (with the right to grant sublicenses) to use, copy, modify, distribute, publicly display, perform and otherwise exploit the User Content without compensation to you.
You agree not to post, input, or upload User Content that
a. is unlawful, threatening, abusive, harassing, defamatory, obscene, offensive, harmful, obnoxious, pornographic, profane, or indecent, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law or regulation;
b. contains viruses, worms, Trojan horses, harmful code, or any other element or component that has a capacity or potential to interrupt, destroy, interfere with, permit the unauthorized use of, or limit the functionality of any computer software or hardware, any telecommunications equipment, or any communications network; or
c. contains any other harmful or illegal component.
6. Modification and Termination
7. No Duty to Monitor the Website
You understand and agree that Qstream has the right, but not the obligation, to monitor the Website, and to remove Content, including User Content, from the Website for any reason. You further understand and agree that Qstream has the right, but not the obligation to review the content before it is posted to the Website, and to refuse to allow User Content to be posted for any reason. Any and all decisions are pertaining to the deletion of content, including User Content, shall be made by Qstream in its sole discretion.
8. No Warranties; Disclaimer
YOU AGREE THAT YOUR USE OF THE WEBSITE, SERVICES AND CONTENT SHALL BE AT YOUR SOLE RISK. THE WEBSITE, SERVICES AND CONTENT ARE PROVIDED “AS IS”. TO THE FULLEST EXTENT PERMITTED BY LAW, QSTREAM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES, CONTENT AND WEBSITE AND YOUR USE THEREOF. QSTREAM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE, SERVICES, THE WEBSITE’S CONTENT OR USER CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THE SERVICES, CONTENT, WEBSITE OR USER CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, SERVICES, CONTENT OR USER CONTENT, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN THE WEBSITE OR ANY SERVICES, CONTENT OR USER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE QSTREAM WEBSITE. QSTREAM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE QSTREAM WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND QSTREAM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
9. Limitation of Liability
IN NO EVENT SHALL QSTREAM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THE WEBSITE, SERVICES OR CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, SERVICES OR CONTENT, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY SERVICES OR CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE QSTREAM WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL QSTREAM’S TOTAL LIABLITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE EXCEED (I) THE AMOUNT PAID BY YOU, IF ANY FOR ACCESS TO THE WEBSITE OR THE SERVICES, OR (II) ONE THOUSAND DOLLARS ($1,000.00).
YOU SPECIFICALLY ACKNOWLEDGE THAT QSTREAM SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by Qstream from its facilities in the United States of America. Qstream makes no representations that the Qstream Website is appropriate or available for use in other locations. Those who access or use the Qstream Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
10. Digital Millennium Copyright Act
a. If you are a copyright owner or an agent thereof and believe that any materials posted on the Website infringes upon your rights under copyright laws, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent (as identified below) with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- 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; and
- 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 owner of an exclusive right that is allegedly infringed.
200 Wheeler Road
Burlington, MA 01803
Attn: Copyright Agent
You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
b. Counter-Notice. If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Boston, Massachusetts, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Qstream may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Qstream’s sole discretion.
13. Waiver of Right to Sue
You hereby release Qstream, its affiliates and their respective officers, directors, employees and agents, from any and all claims, demands, damages (actual and consequential) of every kind nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the Website, Services or Content, or arising in any way from User Content posted to the Website.
14. Force Majeure
Last updated: 10/20/16