1. General.
- 1.1 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."
- 1.2 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
Areas.
2. Use of Content.
- 2.1 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.
- 2.2 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.
- 2.3 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.
3. Rules of Conduct.
- You shall not post on the Service any Content which (a) is
libelous, defamatory, obscene, pornographic, abusive, harassing or
threatening, (b) contains viruses or other contaminating or
destructive features, (c) violates the rights of others, such as
Content which infringes any copyright, trademark, patent, trade
secret or violates any right of privacy or publicity, or (d)
otherwise violates any applicable law. You may not post on the
Service any links to any External Sites (defined in section 5.2)
that are obscene or pornographic. 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.
4. Managing Content.
- 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 sole
discretion.
5. No Endorsement.
- 5.1 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.
- 5.2 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
Sites.
6. Indemnity.
- 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.
7. Termination of Service.
- 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.
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