Terms Of Service
Welcome to the License Quote website (the "Site"). This Site is operated and maintained by
LicenseQuote.com ("LicenseQuote"). Your access to and use of this Site
is subject
to these terms of service ("Terms of Service") which set forth the terms under
which LicenseQuote offers you access to the content and services of the
Site.
THIS IS A LEGAL AGREEMENT. PLEASE READ THIS AGREEMENT CAREFULLY
BEFORE USING THE SITE. BY USING THE SITE, AND FOR OTHER GOOD AND
VALUABLE CONSIDERATIONS, THE RECEIPT AND SUFFICIENCY OF WHICH YOU
ACKNOWLEDGE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. If you do not
agree with the Terms of Service, do not use this Site.
YOU
MAY USE THE SITE IF YOU ARE AT LEAST 13 YEARS OF AGE. HOWEVER, IF YOU
ARE UNDER THE AGE OF EIGHTEEN (18) OR NOT ABLE TO ENTER INTO LEGAL
AGREEMENTS UNDER APPLICABLE LAW, YOU MUST HAVE A PARENT OR LEGAL
GUARDIAN CAREFULLY READ AND AGREE TO THESE TERMS OF SERVICE ON YOUR BEHALF.
THE SITE
Information Control
LicenseQuote does not control, and is not responsible for, the information
provided by other parties, whether by its Sellers, Buyers, Members,
Customers or other users, which is made available through the Site. You
may find such third parties' information to be offensive, harmful,
inaccurate, or deceptive. You must use caution and common sense when
using the Site.
Your Information
As used in this Agreement, the term "Your Information" means any
information you provide to LicenseQuote, its customers, or other users in
using the Site, including in any registration process, in any public
message area or through any email or messaging feature. You are solely
responsible for Your Information.
Your Information may not:
(a) be false, inaccurate, misleading or fraudulent;
(b) infringe any anyone's copyright, trademark, trade secret, patent or
other proprietary rights or rights of publicity or privacy;
(c) violate any law, statute, ordinance or regulation;
(d) be obscene, defamatory, libelous, threatening, abusive or
harassing, or encourage any of the foregoing; (e) promote any
commercial product the sale of which you stand to benefit from without
the knowledge or explicit permission from LicenseQuote.
(f) contain any viruses, Trojan horses, worms, time bombs, cancel bots,
Easter eggs or other computer programming routines that may damage,
detrimentally interfere with, intercept or use any system, data or
personal information in an unauthorized way; or
(g) create liability for LicenseQuote or cause it to lose (in whole or in
part) the services of its ISPs or other suppliers. You grant LicenseQuote a
non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub
licensable right to exercise the copyright, publicity, and database
rights (but no other rights) you have in Your Information, in any media
now existing or later invented.
Privacy
LicenseQuote will only use Your Information according to its Privacy Policy
(See posted LicenseQuote Privacy Policy
Statement) as may be established from time to time, the provisions of
which are expressly incorporated into and made a part of this
Agreement.
Credit Card Security
Unless
otherwise noted or by special permission (i.e. volume or subscription
plans), LicenseQuote will not store Your credit card number, data or
information. In such case all credit card details will be deleted after
each payment transaction causing credit card users (You) to re-enter
same or different data at time of each new purchase payment. This
credit card security measure is intended to provide maximum safety and
privacy for You and all users involved with the LicenseQuote online
marketplace.
PROHIBITED USES
Improper Conduct
You agree that you will not:
(a) impersonate any other individual, including without limitation another user or an LicenseQuote staff member;
(b) engage in harassment of any form, including without limitation
through improper language or excessive frequency or size of messages;
(c) send messages of any kind to any individual who has stated or in
any other way demonstrated that he or she does not wish to receive
messages;
(d) copy or post any personal messages sent to you via the Site;
(e) use the Site for any unlawful purpose; or
(f) otherwise use the Site in a deceptive, abusive or otherwise disruptive manner.
Copyright Infringement
You agree that you will not use the Site to infringe upon or
misappropriate the intellectual property rights, including without
limitation the copyrights, of any party.
WITHOUT LIMITING THE PRECEDING SENTENCE, YOU AGREE THAT YOU WILL NOT
USE THE SITE TO UPLOAD OR DOWNLOAD ANY MUSICAL PERFORMANCES,
RECORDINGS, OR COMPOSITIONS, OR OTHER PROPRIETARY MATERIAL (AS DEFINED
BELOW), INCLUDING BUT NOT LIMITED TO ARTISTS' LIKENESSES OR IMAGES, OR
ANY CONTENT OF ANY KIND AVAILABLE ON THE SITE UNLESS YOU HAVE OBTAINED
ALL NECESSARY RIGHTS AND LICENSES FROM THE OWNERS OF SUCH PROPRIETARY
MATERIAL, THROUGH PURCHASE OR OTHERWISE.
You agree to indemnify, defend and hold harmless LicenseQuote, its
affiliates, customers, suppliers, and each of its and their employees,
officers, directors, successors, licensees, assigns, and advisors
(collectively the "LicenseQuote Parties") from and against any and all
claims, damages, demands, or liabilities, including but not limited to
attorneys fees and costs arising out of any claim that Your
Information, and/or actions of any kind with respect to the Site
infringes upon or misappropriates, violates, or infringes any party's
personal or proprietary rights of any kind.
Interference and Unauthorized Access
You agree that you will not:
(a) attempt to circumvent user authentication or the security of any LicenseQuote account;
(b) use any robot, spider, other automatic device, or manual process to monitor or copy LicenseQuote's web
pages or the content contained in them;
(c) use any device, software or routine to interfere or attempt to interfere
with the proper working of the Site; or
(d) take any action that imposes an unreasonable or disproportionately
large load on LicenseQuote's infrastructure, including without limitation
"denial of service attacks."
If you in any way violate any system or interfere with network security
you may incur criminal or civil liability. LicenseQuote will cooperate fully
with investigations of violations of systems or network security at
other sites, including cooperating with law enforcement authorities in
the investigation of suspected criminal violations.
Proprietary Materials
The Site contains copyrighted material, trademarks, service marks and
other proprietary information, which may include without limitation
text, software, photographs, video, graphics, images, music and sound
(collectively "Proprietary Material"). You may download audio
recordings if you agree to the terms of our LicenseQuote Terms of Service
agreement. Otherwise, you agree not to copy, reproduce, modify,
publish, transmit, participate in the transfer or sale of, create
derivative works of, or in any way exploit, in whole or in part, any
Proprietary Material, including but not limited to artists' names,
likenesses, and images of any kind, on the Site.
Copyright Infringement Claims Procedure
If you
believe that your work has been copied in a way that constitutes
copyright infringement, please forward to LicenseQuote the information
described in its Copyright Infringement Policy (see below) in
accordance with the procedures described in the policy.
Linked Sites
LicenseQuote is not affiliated with
sites that may be linked to the Site through hypertext ("Linked
Sites"). LicenseQuote has no control over, and is not responsible for, the
content on any Linked Site. The Linked Sites are for user convenience
only and you access them at your own risk.
Disclaimer Of Warranties
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS, AND LicenseQuote
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. LicenseQuote DOES NOT WARRANT OR GUARANTEE THAT:
1) The site is compatible with any software, including without
limitation internet browser software;
2)
The site will be free of infection by viruses, worms, trojan horses or
anything else manifesting contaminating or destructive properties;
3) All content will be accurate, complete or up to date;
4)
Any information or other content contained within the site will not
contain defamatory or adult-oriented material, or material which some
individuals may deem objectionable; or
5) The
functions or services LicenseQuote performs will be uninterrupted, timely,
secure or error-free or that defects in the site will be corrected.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT LicenseQuote
IS NOT RESPONSIBLE FOR THE CONTENT DISTRIBUTED ON OR THROUGH THE SITE,
AND IT ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR
REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY
OR USEFULNESS OF INFORMATION DISTRIBUTED THROUGH THE SITE. Some states
do not allow the disclaimer of implied warranties, so some or all of
the above disclaimers may not apply to you.
Limitation Of Liability
Regardless of the form of action (whether in contract, tort, breach of
warranty or otherwise), and except as otherwise expressly provided
herein, IN NO EVENT WILL LicenseQuote
OR ITS PARTIES BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER WITH RESPECT
TO YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION ANY DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR SPECIAL DAMAGES EVEN
IF ADVISED OF THE POSSIBILITY OF THE SAME. TO THE EXTENT THAT IN A
PARTICULAR CIRCUMSTANCE ANY DISCLAIMER OR LIMITATION ON DAMAGES OR
LIABILITY SET FORTH HEREIN IS PROHIBITED BY APPLICABLE LAW, THEN,
INSTEAD OF THE PROVISIONS HEREOF IN SUCH PARTICULAR CIRCUMSTANCE, LicenseQuote
WILL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND/OR LIMITATIONS ON
DAMAGES AND LIABILITY AVAILABLE AT LAW OR IN EQUITY BY SUCH APPLICABLE
LAW IN SUCH PARTICULAR CIRCUMSTANCE, AND IN NO EVENT WILL THE DAMAGES
OR LIABILITY EXCEED US $50. Some states do not allow the exclusion or
limitation of incidental or consequential damages under certain
circumstances and the above exclusion or limitation may not apply.
GENERAL TERMS AND CONDITIONS
Termination
Without limiting other remedies, LicenseQuote may without liability and at
its sole discretion, immediately issue a warning, temporarily suspend,
indefinitely suspend or terminate your access to the Site if:
(a) you breach these Terms of Service or any of the documents incorporated by reference;
(b) LicenseQuote is unable to verify or authenticate any information you provide to it; or
(c) LicenseQuote believes that your actions may cause legal liability to any person or entity.
Indemnity
You agree to indemnify and hold each LicenseQuote Party, including
employees, officers, directors, harmless from any claim or demand, and
any damages, costs, or expenses arising in connection with such claim
or demand, including attorneys' fees and costs, made by any other party
due to or arising out of your breach of these Terms of Service or the
documents incorporated by reference, or your violation of any law or
the rights of another party.
Legal Compliance
You agree to comply with all applicable domestic and international
laws, statutes, ordinances and regulations regarding your use of the
Site.
Governing Law; Venue
This Agreement and its validity, construction and performance will be
governed in all respects by the laws, and in the state and federal
courts of the State of California, without regard to its choice of law
provisions. You irrevocably agree to accept the exclusive personal
jurisdiction and waive any objections to the venue, of such courts.
Arbitration
If a dispute, controversy or claim (DISPUTE) arises
out of or relates to this AGREEMENT, or the breach thereof, the PARTIES
agree to submit the DISPUTE to arbitration to be administered by the
American Arbitration Association in accordance with the local rules of
the United States District Court for the Southern District of
California.
The DISPUTE shall be settled by arbitration administered by the
American Arbitration Association before a panel of three arbitrators.
The site of the arbitration shall be in Riverside County, California,
and any award rendered shall be binding and not appealable. The
PARTIES agree that any award rendered after arbitration may be filed in
any court of competent jurisdiction for enforcement, but not for review
or any other proceedings beyond enforcement.
The prevailing party in arbitration shall be entitled
to recover its reasonable costs, fees, and expenses that are directly
associated with the arbitration under this Section. Such recovery
shall be included in the arbitration award for enforcement through the
judicial system as set forth in this Section.
NOTWITHSTANDING ANY PROVISION HEREIN, ANY AWARD FOR ASSIGNOR AGAINST
ASSIGNEE SHALL BE LIMITED TO MONETARY DAMAGES THAT ARISE DIRECTLY FROM
THE DISPUTE AND SHALL NOT INCLUDE ANY INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS
OF PROFIT, REVENUE, OPPORTUNITY, DATA, OR USE.
Changes and Cancellation
LicenseQuote
may at any time, without notice or liability, change or eliminate the
Site or the content contained therein, or restrict use of any portion
of the Site, including limiting the time of its availability, the
amount of use permitted, or the persons who are permitted to use it.
LicenseQuote may at any time, in its sole discretion, cancel or suspend
the
Site for any reason, including without limitation the existence of
viruses, bugs, or other causes beyond its control that corrupt the
administration, security or proper function of the Site.
Reservation of Rights
LicenseQuote reserves the right to refuse access to the Site for any reason.
Amendment
LicenseQuote may amend these Terms of Service at any time by posting the amended
terms on the Site, which will become effective immediately when posted.
By continuing to use the Site after LicenseQuote posts any amendment, you
agree to be bound by the amendment. This agreement may not be amended
other than by an authorized officer of LicenseQuote.
Headings
The
headings herein are for convenience only and are not intended by the
parties of or to affect the meaning or interpretation of this
Agreement.
Electronic Signature and Contracts
YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR
AGREEMENT AND INTENT TO BE BOUND BY SUCH AGREEMENTS. YOUR AGREEMENT AND
INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS
RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THE SITE, INCLUDING
NOTICES OF CANCELLATION, POLICIES, CONTRACTS AND APPLICATIONS.
General
These
Terms of Service contain the entire understanding of the parties
relating to their subject matter and supersede any prior written or
oral agreement or understandings between the parties with respect to
its subject matter. The provisions of these Terms of Service are to be
interpreted in a reasonable manner to effect the purpose of the
parties, and are not to be interpreted or construed against
LicenseQuote
because it participated in their drafting. The invalidity or
unenforceability of any provision of these Terms of Service will not affect
the validity or enforceability of any other provision. LicenseQuote may
assign or transfer this agreement, in whole or in part, to any party
without notice. No agency, partnership, joint venture or employment is
created as a result of these Terms. All terms and conditions of this
“Terms of Service" Agreement which by their nature are meant to survive the
termination of the Terms of Service will survive termination. BY USING THE
SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE.
COPYRIGHT INFRINGEMENT POLICY
Claims of Copyright Infringement
LicenseQuote is
concerned about protecting the copyright and other intellectual
property rights of others. You may notify LicenseQuote by providing the
following information to our designated agent, as required by D17
U.S.C. §512, if you believe you have a copyright infringement claim
resulting from material posted on this website:
1. An electronic or physical signature of the person authorized to act
on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the Site;
4. Your address, telephone number, and e-mail address;
5. A statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent, or
the law; and
6. A statement by you, made under penalty of perjury, that the
above information in your notice is accurate and that you are the
copyright owner or authorized to act on the copyright owner's behalf.
Please provide your notification to our designated agent who may be contacted as follows:
| Designated Agent: |
Copyright Agent |
| Address: |
LicenseQuote c/o Copyright Agent
19049 Janisse Lane
Lake Elsinore, CA 92530 |
| Telephone: |
(951) 678-5725 |
| Fax: |
(951) 678-5725 |
| E-mail: |
support AT LicenseQuote.com (replace " AT " with "@")
|
LicenseQuote will take reasonable steps to place the two parties in
contact with one another so that the dispute can be resolved.
LicenseQuote will take no active part in the dispute resolution.
