In these Terms of Service:
- "Agreement" is the agreement contained in these Terms of
Service, and includes any revisions to these Terms of Service you
have subsequently agreed to.
"Interactive Areas" means portions of the site that may be added
to, updated, deleted or otherwise modified by the User without
explicit oversight of the Site administrators or QMA officials.
This includes, but is not limited to, the Administrative Control
Panel and its associated tools, Content
Management System (CMS), Online Calendar, Direct Messaging
Service (DMS), Classified Advertisements, Forums, Chats and any other
areas where User input may be stored or disseminated. This
definition is inclusive of all portions of the site, active or
archived (including the data stored therefore) and future
developments that have not yet been deployed.
- "Licensee" is any person or organization having been granted a
license under this or any other agreement to access and use the
- "License" is the right to use the Service for the Term that is
evidenced by this agreement.
- "Online Documentation" means the website and support
documentation relating to the operation of the Service, as amended
from time to time, which appears at quartermidgets.org. QMA will
use its best endeavors to keep this information current and
reflective of the services and products it offers, but offers no
warranty as to its currency.
Licensee information stored by the Service and appears in detail
- "Registration" means account sign-up and timely payment of
yearly dues, fines or other levy's that may be assessed by QMA.
- "Sensitive Information" means credit or debit card numbers;
personal financial account information; Social Security numbers;
passport numbers; driver's license numbers or similar identifiers;
racial or ethnic origin; physical or mental health condition or
information; or other employment, financial or health information,
including any information subject to regulations, laws or industry
standards designed to protect data privacy and security, such as
the Health Insurance Portability and Accountability Act and the
Payment Card Industry Data Security Standards.
- "Service" means the QMA software service and includes all
software and technology used in providing it, and includes all
services generated by or through it.
- "Third Party Hosting Service Suppliers" are suppliers under
contract to QMA and who host or who may, over the currency of this
License, host the software applications, data and information, web
services and technologies used in the making available of the
- "Us" means the services provided by QMA to Users under this
- "Users" means you, your spouse, children living at home above
the age if 13, representatives, consultants or agents who are
authorized to use the Subscription Service for your benefit and
have unique user identifications and passwords for the
- "We" means the services provided by QMA to Users under this
- "Website" means the QMA website at quartermidgets.org
- "You" refers to you as the Licensee of the Service.
- 2.1 - This Agreement governs your use of the
quartermidgets.org online information service (the "Service"),
including all interactive areas (the "Interactive Areas"), which
is operated by Quarter Midgets of America ("QMA"). In addition to
the agreement set forth below, terms and conditions of use
applicable to specific areas of the Service may also be posted in
such areas and, together with this agreement, govern your use of
those areas. This agreement together with any such additional
terms and conditions, are referred to as this "Agreement."
- 2.2 - QMA reserves the right, in its discretion, to change or
modify all or any part of this Agreement at any time, effective
immediately upon notice published on the Service. Your continued
use of the Service constitutes your binding acceptance of these
terms and conditions, including any changes or modifications made
by QMA as permitted above. If at any time the terms and conditions
of this Agreement are no longer acceptable to you, you should
immediately cease all use of the Service and the Interactive
- 3.1 - All material and services available on the Site, and all
material and services provided by or through QMA, its affiliates,
subsidiaries, employees, agents, licensors or other commercial
partners including, but not limited to, software, all
informational text, software documentation, design of and "look
and feel," layout, photographs, graphics, audio, video, messages,
interactive and instant messaging, design and functions, files,
documents, images, or other materials, whether publicly posted or
privately transmitted as well as all derivative works thereof
(collectively, the "Materials"), are owned by us or other parties
that have licensed their material or provided services to us, and
are protected by copyright, trademark, trade secret and other
intellectual property laws. All QMA trademarks and service marks,
logos, slogans and taglines are the property of QMA. All other
trademarks, service marks, logos, slogans and taglines are the
property of their respective owners. Except as otherwise
specifically provided herein, nothing should be construed as
granting any license or right to use any trademarks, service
marks, logos, slogans or taglines displayed on the Service without
our express written permission, or the express written permission
of such third-party that may own the trademark, service mark,
logo, slogan or tagline.
4. Use of Content.
- 4.1 - You acknowledge that the Service contains information,
photographs, audio and video clips, graphics, and other material
(collectively, the "Content") that are protected by copyright,
trademark or other proprietary rights of QMA or third parties. All
Content on the Service is copyrighted as a collective work of QMA
pursuant to applicable copyright law. You agree to comply with any
additional copyright notices, information, or restrictions
contained in any Content available on or accessed through the
Service. Users of the Service may use the Content only for their
personal, noncommercial use.
- 4.2 - You may not modify, publish, transmit, transfer or sell,
reproduce, create derivative works from, distribute, perform,
display, or in any way exploit any of the Content, in whole or in
part, except as otherwise expressly permitted in this Agreement.
Content consisting of downloadable software may not be reverse
engineered unless specifically authorized by the owner of the
software's patent and/or copyright. You may post on the Service
any Content owned by you (such as your original statements, video
etc.), Content for which you have received express permission from
the owner and Content in the public domain. You assume all risk
and responsibility for determining whether any Content is in the
public domain. You grant to QMA the right to edit, copy, publish,
distribute, translate and otherwise use in any medium and for any
purpose any Content that you place on the Service. You represent
and warrant that you are authorized to grant all rights given in
the preceding sentence.
- 4.3 - You may download or copy the Content only for your own
personal use, provided that you maintain all copyright and other
notices contained in such Content. You shall not store
electronically any significant portion of any Content. Except as
expressly permitted by the copyright laws, no copying, storage,
redistribution or publication of any Content is permitted without
the express permission of QMA or the owners of such Content or
their authorized persons, if other than QMA. You may download from
the Service any Content in the public domain for your own personal
use or for non-commercial redistribution.
- 4.4 - We will provide you one User ID for each account held by
you, thereby permitting you access to the Materials on one
computer at a time through the Site. You agree to fully and
accurately provide the information requested by us when setting up
your accounts and to regularly update such information. Your
failure to do so may result in the cancellation of your account
and loss of Services. You further agree (a) not to provide User
IDs to anyone, and (b) to ensure all individuals permitted to use
the User IDs are aware of and have agreed in writing to comply
with the terms of this Agreement.
- 4.5 - Beta features. QMA may from time to time make software
accessible to you via the Control Panel prior to the general
release of such software ("Beta features"). You are not required
to use Beta features, but if QMA offers it, you may elect to use
it under the following terms. Beta features will be deemed to
consist of Content and Services, and each item of Beta features
provided will be deemed a experimental, with the following
provisions specific to Beta features:
- 4.5.1 - Your right to use the Beta features may be limited
in time, and may be subject to additional Terms;
QMA or any QMA affiliate may request or require that you provide
suggestions, feedback, or data regarding your use of the Beta
- 4.5.2 - In addition to the waivers and limitations of
liability for all Services, you specifically acknowledge that
Beta features contains errors, is not final and may create
incompatibilities or damage to your computer, data, and/or
software. If you decide to install and/or use Beta features, you
shall only use it in compliance with its purposes, i.e. for
testing and improvement purposes and in any case not on a system
or for purposes where the malfunction of the Beta features can
cause any kind of damage. In particular, maintain full backups
of any system that you choose to install Beta features on.
- 4.6 Data Logging - You acknowledge that all interactions with
the Service are logged and stored for later inspection and
review. Captured information may include, but is not limited to
date and time stamps, IP Addresses, QMA Member number, personal
session identifiers, QMA cookie data stored on your remote
computer or device, remote computer or device name/operating
system/version, pages viewed, queries run against the database
(including Inserts, Updates, Deletes and failed queries),
navigation to public and/or restricted pages, access permission
requests, access permission failures, log-ins & log-outs or any
other information deemed necessary to protect the Service, its
Members and the ability to provide content to users.
5. Rules of Conduct.
- 5.1 - You must obey all federal, state, and local laws,
regulations and rules that apply to your activities when you use
QMA Services. QMA reserves the right to terminate your Account and
to prevent your use of any and all QMA Services if your Account is
used to engage in illegal activity or to violate this Terms of
- 5.2 - You agree to all of the following:
- 5.2.1 - You hereby certify that you are at least 13 years of
age. Individuals under the age of 13 are prohibited from using
- 5.2.2 - You will ensure the email address provided in your
account registration is valid at all times and will keep your
contact information accurate and up-to-date.
- 5.2.3 - You shall not use the Service for any commercial
purpose, to distribute any advertising or solicitation of funds
or goods and services or to solicit users to join or use
competitive online services.
- 5.2.4 - You will not use the Services or Materials for any
unlawful purposes or to conduct any unlawful activity,
including, but not limited to, fraud, embezzlement, money
laundering or insider trading.
- 5.2.5 - You will not use the Services or Materials if you
are located in a country embargoed by the U.S., or are on the
U.S. Treasury Department's list of Specially Designated
- 5.2.6 - You will not use the Services or Materials to
impersonate another person.
- 5.2.7 - You will not imply or state, directly or indirectly,
that you are affiliated with or endorsed by QMA without our
express written permission.
- 5.2.8 - You may not send unsolicited messages (also known as
junk mail or SPAM) to promote any website published on the Site.
- 5.2.9 - You may not upload, post, email, transmit or
otherwise make available or initiate any Content that contains
software viruses, worms, Trojan horses or any other computer
code, files or programs that interrupt, destroy or limit the
functionality of the Services or the Materials or that may
impact the ability of any QMA user to access the Services.
- 5.2.10 - You will not access the Services through automated
methods. The Services may only be used or accessed through an
electronic device through manual control at all times.
- 5.2.11 - You may not send messages using the Services which
do not correctly identify the sender and you may not alter the
attribution of origin in electronic mail messages or postings.
- 5.2.12 - You will not share your password, let anyone else
access your account, or do anything that might jeopardize the
security of your account. You will not attempt to or actually
access the Services or Materials by any means other than through
the interfaces provided by QMA.
- 5.2.13 - You will not attempt to or actually override any
security component included in or underlying the Materials or
- 5.2.14 - You will not attempt or engage in any action that
directly or indirectly interferes with the proper working of or
places an unreasonable load on QMA's infrastructure.
- 5.2.15 - You will not publish Content, or links to Content,
- 220.127.116.11 - Pornographic, sexually explicit, or violent.
- 18.104.22.168 - Illegal (including stolen copyrighted material
and material that infringes or has the potential to infringe
the intellectual property rights of another).
- 22.214.171.124 - Reasonably likely to cause harm, or that could
be reasonably considered as slanderous or libelous.
- 126.96.36.199 - Breaches another's privacy.
- 5.2.16 - You will not publish Content that is spam, is
machine- or randomly-generated, and/or contains unethical or
unwanted commercial content designed to drive traffic to third
party sites or boost the search engine rankings of third party
sites, or to further unlawful acts (such as phishing), or
mislead recipients as to the source of the material (such as
- 5.2.17 - You verify that your country of residence is the
same as your registered address on file at the QMA National
- 5.3 - QMA may determine in its sole discretion whether or not
an account is in violation of any of these policies. Violation of
any of these policies may result in user information tracking with
such information being stored to identify the offending user.
Offending users may be permanently restricted from holding an
account or using the Services. If QMA reasonably determines that
your account is being used for illegal or fraudulent activity then
your account may be immediately terminated. We may also report you
to law enforcement officials in the appropriate jurisdictions.
6. Managing Content.
- 6.1 - QMA does not and cannot review the Content posted by
users on the Service and is not responsible for such Content.
However, QMA reserves the right to delete, move or edit any
Content (including Content posted in any Interactive Area) that
comes to the attention of QMA which it determines, in its sole
discretion, violates this Agreement or is otherwise unacceptable.
You shall remain solely responsible for all Content posted by you.
QMA shall have the right, but not the obligation, to correct any
errors or omissions in any Content, as it may determine in its
7. Copyright Complaint Policy
- 7.1 - If you believe any Materials infringe your copyrighted
works, you may provide a notification of claimed copyright
infringement to our Designated Agent for copyright complaints.
8. No Endorsement.
- 8.1 - QMA does not represent or endorse the accuracy or
reliability of any Content posted on any Interactive Area and you
acknowledge that any reliance upon such Content shall be at your
sole risk. Any Content placed on any Interactive Area by users are
the views of the user posting the statement, and do not
necessarily represent the views of QMA.
- 8.2 - The Service may contain links to sites on the Internet
which are owned and operated by third parties (the "External
Sites"). You acknowledge that QMA is not responsible for the
availability of, or the content located on or through, any
External Site. You should contact the site administrator or
Webmaster for those External Sites if you have any concerns
regarding such links or the content located on such External
- 9.1 - You agree to indemnify, defend and hold QMA, its
affiliates, and their respective officers, directors, owners,
agents, information providers and licensors (collectively, the
"QMA Parties") harmless from and against any and all liability,
losses, costs and expenses (including attorneys' fees) incurred by
any QMA Party in connection with any claim arising out of any use
or alleged use of your password or online persona by any person,
whether or not authorized by you. QMA reserves the right, at its
own expense, to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you, and in such
case, you agree to cooperate with QMA's defense of such claim.
10. Termination of Service.
- 10.1 - QMA reserves the right, in its sole discretion, to
restrict, suspend or terminate your access to all or any part of
the Service at any time for any reason without prior notice or
liability. QMA may change, suspend or discontinue all or any
aspect of the Service at any time, including the availability of
any feature, database, or content (including the Interactive
Areas), without prior notice or liability.
- 11.1 - We reserve the right, in our sole discretion, to modify
or replace any part of this Agreement at any time, effective upon
the date of the change. In the event of any such change, we will
post a notice on the Site that we have changed this Agreement. If
you have a QMA account, we may (but are not required to) provide
you with notice via the email address that we have on file for you
that we have changed this Agreement. You and we both understand
that sometimes there are issues with email communication. We are
not responsible if any email notice gets caught by your SPAM
filter and you do not see it, if you have given us the wrong email
address (or failed to update your address) or if there are other
communications issues that prevent email from reaching you.
Therefore, we encourage you to frequently visit this page
periodically to monitor any changes.
- 11.2 - Your continued use of or access to the Services
following the posting of any changes to this Agreement constitutes
acceptance of those changes.
- 11.3 - We may also, in the future, offer new services and/or
features through Site (including the release of new tools and
resources). For the avoidance of doubt, such new features and/or
services shall be subject to the terms and conditions of this
- 12.1 - The formation, interpretation and performance of this
Agreement and any disputes arising out of it shall be governed by
the substantive and procedural laws of the state of New York
without regard to its rules on conflicts or choice of law and, to
the extent applicable, the laws of the United States of America.
The exclusive jurisdiction and venue for actions related to the
subject matter hereof shall be the state and federal courts
located in the State of California, and you hereby submit to the
personal jurisdiction of such courts. You hereby waive any right
to a jury trial in any proceeding arising out of or related to
this Agreement. The United Nations Convention on Contracts for the
International Sale of Goods does not apply to this Agreement.
the information it contains to help you make informed decisions.
Please also note that certain information, statements, data and
content (such as photographs) which you post to the Site are
likely to reveal your gender, ethnic origin, nationality, age,
and/or other personal information about you. You acknowledge and
agree that your submission of such information is voluntary on
your part. Further, you acknowledge, consent and agree that we may
access, preserve, and disclose your registration and any other
information you provide if required to do so by law or in a good
faith belief that such access preservation or disclosure is
reasonably necessary in our opinion Disclosures of user
information to third parties are further addressed in the Privacy
- 14.1 - You acknowledge that a violation or attempted violation
of any of this Agreement will cause such damage to QMA as will be
irreparable, the exact amount of which would be impossible to
ascertain and for which there will be no adequate remedy at law.
Accordingly, you agree that QMA shall be entitled as a matter of
right to an injunction issued by any court of competent
jurisdiction, restraining such violation or attempted violation of
these terms and conditions by you, or your affiliates, partners,
or agents, as well as to recover from you any and all costs and
expenses sustained or incurred by QMA in obtaining such an
injunction, including, without limitation, reasonable attorney's
fees. You agree that no bond or other security shall be required
in connection with such injunction.
- 14.2 - In no event shall you be entitled to rescission,
injunctive or other equitable relief, or to enjoin or restrain the
operation of QMA, the exploitation of any advertising or other
materials issued in connection therewith, or the exploitation of
the Site or any content used or displayed through the Site.
- 15.1 - If any portion of this Agreement is found to be
unenforceable, the remaining portion will remain in full force and
- 15.2 - If we fail to enforce any of this Agreement, it will
not be considered a waiver.
- 15.3 - Any amendment to or waiver of this Agreement must be
made in writing and signed by us.
- 15.4 - You will not transfer any of your rights or obligations
under this Agreement to anyone else without our prior written
- 15.5 - All of our rights and obligations under this Agreement
are freely assignable by us in connection with a merger,
acquisition, or sale of assets, or by operation of law or
- 15.6 - This Agreement does not confer any third party
- 15.7 - A printed version of this Agreement and of any related
notice given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this
Agreement to the same extent and subject to the same conditions as
other business documents and records originally generated and
maintained in printed form.
16. DISCLAIMER OF WARRANTY
- 16.1 - The site, services and materials are provided "as is",
"as available", "with all faults" and without any warranty
of any kind, express or implied. To the fullest extent permissible
under applicable law, QMA and its licensors disclaim all
warranties of any kind, either express or implied, including, but
not limited to, any implied warranties of title, merchantability,
fitness for a particular purpose and non-infringement. Without
limiting the foregoing, neither QMA nor its licensors warrant that
access to the site, the materials and/or the services available on
or through the site will be uninterrupted or error-free, or that
defects, if any, will be corrected; nor does QMA or its licensors
make any representations about the accuracy, reliability,
currency, quality, completeness, usefulness, performance,
security, legality or suitability of the services, the materials
or the site. You expressly agree that your use of the site and
your reliance upon the services and/or the materials is at your
sole risk. In addition, QMA is not responsible, and makes no
representations or warranties for the delivery of any messages
(such as emails, posting of answers or transmission of any other
user generated content) sent through the site to anyone.
- 16.2 - In addition, you acknowledge and agree that any data,
information, content or materials contained in or made available
in connection with the services is not intended as a substitute
for, the knowledge, expertise, skill and judgment tax, legal or
other professionals. The services do not provide tax or legal
advice. You are responsible for obtaining such advice.
- 16.3 - Further, QMA and its licensors make no representation
or warranties that the services or the materials or the site are
appropriate or available for use in all geographic locations. If
you use the site, the services or the materials outside the United
States of America, you are solely responsible for compliance with
all applicable laws, including without limitation export and
import regulations of other countries. Neither QMA nor any third
party providers, partners or affiliates warrant that the site, its
servers the materials or the services or any e-mail sent from the
site or any third party providers, partners or affiliates are free
of viruses or other harmful components.
- 16.4 - This agreement applies solely to the site. As part of
the services provided to other QMA users, we host websites for
certain third parties (third party sites). Third party sites
include content generated by third parties and are not under the
management and control of QMA. QMA is not responsible for such
third party sites, including without limitation, the accuracy,
sufficiency, correctness, reliability, veracity, completeness or
timeliness thereof, any link contained therein, or any changes or
updates thereto, or any goods or services sold thereon. Your
access or use of any third party site is governed by the terms
applicable to such third party site. The hosting of any third
party site by QMA does not imply an endorsement thereof by QMA, or
of the provider of such content or services, of any third party
17. LIMITATION OF LIABILITY
- 17.1 - We are not liable to you or any other person for
damages of any kind, including without limitation any punitive,
exemplary, consequential, incidental, indirect or special damages
(including, without limitation, any personal injury, lost profits,
business interruption, loss of programs or other data on your
computer or otherwise) arising from or in connection with use of
the site, the services, the materials, your content, the
commercial products or any third party user generated content
available on or through the site, whether under a theory of breach
of contract, negligence, strict liability, malpractice or
otherwise, even if QMA has been advised of the possibility of such
damages. You hereby release QMA and hold QMA and its parents,
subsidiaries, affiliates, licensors, and their officers,
directors, trustees, affiliates, subcontractors, agents and
employees, harmless from any and all claims, demands, and damages
of every kind and nature (including, without limitation, actual,
special, incidental and consequential), known and unknown,
suspected and unsuspected, disclosed and undisclosed, arising out
of or in any way connected with the use of the services,
materials, site, your content, commercial products or any third
party user generated content available on or throughthe site. You
hereby waive the provisions of any state or local law limiting or
prohibiting a general release.
18. EXCLUSIVE REMEDY
- 18.1 - In the event of any problem with the site, the
services, the materials, you agree that your sole and exclusive
remedy is to cease using the site, the services and the materials.
Under no circumstances shall QMA, its affiliates, or licensors be
liable in any way for your use of the site, the services, the
materials, your content, the commercial products or third party
user generated content available on or through the site,
including, but not limited to, any errors or omissions, any
infringement of the intellectual property rights or other rights
of third parties, or for any loss or damage of any kind incurred
as a result of, or related to, the use of the site, the services,
the materials, your content, the commercial products or any third
party user generated content available on or through the site.
Certain states and/or jurisdictions do not allow the exclusion of
implied warranties or limitation of liability for incidental or
consequential damages, so the exclusions set forth above may not
apply to you.