1. You understand that access to and use of the Site or Site Features is at your own risk. If you are dissatisfied with any of the Site's content, Terms of Use, or the Site Features, your sole remedy is to discontinue access to and use of the Site and/or any of the Site Features. You further agree that none of QBR OnlineTM , its owners, executives, employees, officers, directors or affiliated entities, nor the web designer(s), internet hosting service, telephone network, sponsors or advertisers of the Site will be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of access to or use of the Site or any of the Site Features. You understand that all of the information and Site Features appearing on the Site are provided "as is" without warranty of any kind, either expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose or non-infringement.
2. By submitting to QBR OnlineTM and/or uploading to the Site your original creative content including without limitation graphics, text, audio files, graphic files, or multimedia files in order to participate in certain Site Features requiring such submission and/or uploads, you hereby grant ALEP, Inc., its subsidiaries and affiliated entities a non-exclusive, perpetual, royalty-free license to use such original creative content throughout the world in all mediums whether now known or hereinafter created.
3. QBR OnlineTM does not guarantee the accuracy of the information appearing on the Site, and such information is subject to errors, omissions, changes in price, and withdrawals without notice.
4. QBR OnlineTM does not warrant or make any representations of any kind or nature with respect to the information contained in the Site or to the Site Features.
5. QBR OnlineTMhas no control whatsoever over the contents of third party web sites that link to or from the Site, and therefore, QBR OnlineTM cannot guarantee that such third party content will be accurate, legal and/or inoffensive. Furthermore, QBR OnlineTM does not endorse the content of any third party web site, nor can QBR OnlineTM warrant that such third party sites and/or content will not contain viruses or otherwise impact your computer. You understand and agree that neither QBR OnlineTM, nor its owners, executives, employees or affiliated entities shall be responsible for damages or losses resulting from your use or accessing of such third party web sites or the content contained therein.
6. Neither QBR OnlineTM nor its owners, executives, employees, officers, directors or affiliated entities shall be responsible for any of the following: (a) damage caused to your computer or viruses which may affect your computer as a result of accessing the Site or utilizing any of the Site Features; or (b) any damage or loss to any of your data, files or correspondence posted, housed, or stored on the QBR OnlineTM network of computers and servers.
7. User Generated Content including without limitation, Homepages, photos, artwork, articles, links, audio files and video files do not necessarily represent the view or opinions of QBR OnlineTM, and QBR OnlineTM cannot preview such User Generated Content prior to its appearance on the Site, but QBR OnlineTM and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any User Generated Content from the Site or any Site Feature.
8. As a condition of your use of the Site, you agree that you will not (a) restrict or attempt to restrict others from accessing the Site, in whole or in part, or from using the Site Features (b) post or transmit any of the following to or through the Site: (i) obscene or otherwise unlawful material; (ii) information which violates the rights of others or that promotes racism, bigotry, harassment, hatred or physical harm against any group or individual; (iii) information that could be harmful to minors; (iv) information, software or other digital communication which contains a virus or other damaging or disruptive component; (v) any advertising or promotional materials; (vi) information that provides instructional information concerning illegal activities such as making or buying illegal weapons or violating someone else's privacy; (vii) solicits passwords or personal identifying information from other Site users for commercial or unlawful purposes; (viii) information to circumvent manufacture-installed copy-protect devices; (ix) information that involves the transmission of "junk mail", unsolicited mass mailing, "chain letters" or "spamming".
9. This Agreement shall be governed by New York law. You agree that jurisdiction and venue of all matters relating to this Agreement will be vested exclusively in the federal, state and local courts within the State of New York, without regard to choice of law provisions.
10. QBR OnlineTM may assign this Agreement, including all of the rights and obligations hereunder, to a parent company, wholly-owned subsidiary, affiliated entity, or to a third party successor-in-interest which acquires all or substantially all of the assets of QBR OnlineTM, or more than 50% of the outstanding stock or QBR OnlineTM, whether by sale, consolidation, merger or otherwise.
11. QBR OnlineTM may revise the terms and conditions of the Terms of Use and Privacy Policy at any time, and you shall be bound by such revisions. Therefore, QBR OnlineTM urges you to review the Terms of Use and its Privacy Policy regularly for any changes. You agree to indemnify, defend and hold harmless QBR OnlineTM, its owners, executives, employees, officers, directors and affiliated entities against any and all claims, damages, costs or other expenses arising out of your violation of any of the terms and conditions therein.
12. QBR OnlineTM is the logo trademark of QBR The Black Book Review. QBR OnlineTM owns all rights in and to the Site, including all of the information and Site Features therein, or has obtained the proper licenses to use certain material. Except for the limited, personal, non-commercial, revocable right to view or download the copyrighted and trademarked content appearing on the Site, no expressed or implied license is otherwise granted to you in connection with use of the Site. Any unauthorized use of the Site or a copy thereof, in whole or in part, is prohibited. You are solely responsible for complying with all applicable U.S. and international intellectual property laws in connection with the Site and its content.
13. Software from the Site is subject to the United States export controls. No software from the Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of or a national or resident of any such country or on any such list.
14. Certain activities on the Site involve the use of "cookies" to facilitate your Site experience. This includes retention of your username and password for Site authentication, forums and chat features. You have the option to turn these cookies off at any time by updating your user profile preferences. If your browser doesn't support cookies, or if you have cookies turned off, these preferences will not be set.
15. This Agreement is effective until terminated by QBR OnlineTM, which termination may occur at any time without notice if QBR OnlineTM believes in its full discretion that you have violated any of the terms herein. Upon termination of this Agreement, you hereby agree to destroy immediately all information, including all copies, which has been obtained from the Site, and you acknowledge and agree that you will no longer be authorized to access the Site or any of the Site Features therein upon such termination.