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Terms of Service - quartermidgets.org

1. Definitions

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 QMA Service.
  • "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.
  • "Privacy Policy" means the policy adopted by QMA addressing Licensee information stored by the Service and appears in detail at quartermidgets.org.
  • "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 Service.
  • "Us" means the services provided by QMA to Users under this Agreement.
  • "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 Subscription Service.
  • "We" means the services provided by QMA to Users under this Agreement.
  • "Website" means the QMA website at quartermidgets.org
  • "You" refers to you as the Licensee of the Service.

2. General.

  • 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 Areas.

3. Ownership

  • 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 features; and
    • 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 identifiers, unique 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 Service.
  • 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 the Services.
    • 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 Nationals.
    • 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 Services.
    • 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, that is:
      • 5.2.15.1 - Pornographic, sexually explicit, or violent.
      • 5.2.15.2 - Illegal (including stolen copyrighted material and material that infringes or has the potential to infringe the intellectual property rights of another).
      • 5.2.15.3 - Reasonably likely to cause harm, or that could be reasonably considered as slanderous or libelous.
      • 5.2.15.4 - 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 spoofing).
      • 5.2.17 - You verify that your country of residence is the same as your registered address on file at the QMA National Office.
  • 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 sole discretion.

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 Sites.

9. Indemnity.

  • 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. Amendments

  • 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 Agreement.

12. Disputes

  • 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.

13. Privacy

  1. 13.1 - We encourage you to read the Privacy Policy, and to use 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 Policy.

14. Other

  • 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. Miscellaneous

  • 15.1 - If any portion of this Agreement is found to be unenforceable, the remaining portion will remain in full force and effect.
  • 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 consent.
  • 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 otherwise.
  • 15.6 - This Agreement does not confer any third party beneficiary rights.
  • 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 site.

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.

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