PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS AN ARBITRATION CLAUSE, LIMITS YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW, AND OTHER IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS.
Limitations on Use. Except as otherwise indicated on a particular site, the Site is a community geared towards users of Quest products and services. This Site is controlled and operated by Quest. Quest makes no representation that materials available on the Site are appropriate in every country, and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Site are responsible for compliance with local laws.
Registration. You agree that all information you submit at registration is accurate and that you will keep it current. If we have reasonable grounds to suspect that the registration data is untrue, inaccurate or incomplete, we have the right to suspend or terminate your account. It is your responsibility to maintain the confidentiality of your account information, and you are responsible for all use of the Site accessed through it. You acknowledge and agree that we may send you important information and notices regarding your account and the Site by email, text messaging or other means based on the information you provide to us.
Rules of Conduct. You understand and agree that:
Links. The Site may include links to third-party sites, which are not under Quest's control. You access them at your own risk. In order to use certain features of the Site, you may be required to install or use equipment and software. You do so entirely at your own risk.
We reserve the right in our sole discretion to terminate or restrict your use of the Site, without notice, for any or no reason, and without liability to you or any third party. We also reserve the right to discontinue any part of the Site at any time.
License and Release. You grant to Quest and its designees a perpetual, irrevocable, non-exclusive fully-paid up and royalty-free license to use any ideas, expression of ideas or other information, content or materials you submit to any Site (collectively, “Materials”) without restrictions of any kind and without any payment or other consideration of any kind, or permission or notification, to you or any third party. The license shall include, without limitation, the irrevocable right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, license the Materials, and all rights therein, in the name of Quest or its designees throughout the universe in perpetuity in any and all media now or hereafter known.
The license shall also permit Quest and its designees to use portions of the Materials you submit, rerecord or modify any audio tracks or visual images you provide, rewrite any Materials you submit, and/or incorporate other materials, either created by Quest and its designees or licensed from third parties, with the Materials you submit. Any such works shall be deemed Materials owned by Quest and shall not be subject to your approval or payment by Quest of any compensation to you. We shall have the right, but not the obligation, to use your name, photograph, likeness, voice, performance, biography and other information about you in connection with the Materials you submit.
You also agree that we are free to use any of the Materials or any comments, information or ideas contained in any content or communication you submit to us or the Site, without notice, compensation or acknowledgement to you, for any purpose whatsoever, including but not limited to advertising and marketing, modifying the Site and developing products and services.
You acknowledge and agree that Quest and its designees may create on their own or obtain many submissions that may be similar or identical to the Materials you. You hereby waive any and all claims you may have had, may have, and/or may have in the future, that the Materials accepted, reviewed and/or used by Quest and its designees may be similar to your Materials.
Option to Purchase. Quest shall have the exclusive option to purchase from you and acquire all right, title and interest, including, without limitation, any copyrights and other intellectual property law in and to the Materials you submit, which rights shall include, without limitation, the irrevocable right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, license and apply for copyright registration for any or all of the Materials, and all rights therein, in the name of Quest, or its designees throughout the universe in perpetuity in any and all media now or hereafter known. The option shall be exercisable by us from the date you submit the Materials until 1 year from that date. If we exercise the option, you agree to accept payment in the amount of $1000 USD or value in kind at Quest’s discretion, and you agree to execute, acknowledge and deliver such other instruments consistent with an assignment of the intellectual property as may be reasonably necessary to carry out or effectuate the purposes or intent of the assignment of the Materials.
Proprietary Rights and License to Use. All materials on the Site, including, without limitation, names, logos, trademarks, graphics, photographs, illustrations, and software and other elements making up the Site (collectively, “Content”) are protected by copyrights, trademarks or other intellectual property rights owned and controlled by us or by other parties that have otherwise provided their material to us. You may not delete, distort, or otherwise modify the Content. Any unauthorized attempt to modify any Content, to defeat or circumvent our security features, or utilize the Sites or any part of the Content for any purpose other than its intended one is strictly prohibited.
You may display, perform, redistribute and otherwise exploit the videos or other Content on the Site under a worldwide, royalty-free, revocable and non-exclusive license from Quest ("User License"), provided you comply with the following restrictions:
Quest also reserves the rights to terminate any User License at any time, and to no longer make the Quest Videos available for license. In the event of termination of a User License by Quest, you agree to immediately cease use of the Quest Videos, and if requested by Quest to notify Quest of any uses you made of the Quest Videos.
Claims of Copyright Infringement. If you believe that your work has been copied on the Site in any way without your permission, please provide the following information to our Agent to Receive Notification of Claimed Copyright Infringement at email@example.com. Your notice must contain the following:
General Release. You hereby release and hold harmless Quest, its affiliated entities, employees, directors, officers, licensees and assigns and each of their respective designees ("Quest Entities") with respect to any claims, damages, costs, losses and expenses, including reasonable attorneys' fees, due to or arising out of content you submit, post, transmit or make available through the Site.
Disclaimer of Warranties. THE SITE AND ALL CONTENT, PRODUCTS AND SERVICES INCLUDED ON OR AVAILABLE THROUGH THE SITE ARE PROVIDED "AS IS" FOR YOUR USE. YOU AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE QUEST ENTITIES AND ANY SPONSORS AND ADVERTISERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT USE OF THE SITE OR ANY CONTENT OR SERVICES ON OR FROM THE SITE (INCLUDING ANY SOFTWARE) WILL BE UNINTERRUPTED, TIMELY, ACCURATE, SECURE OR ERROR FREE.
Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL THE QUEST ENTITIES, SPONSORS AND ADVERTISERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, REVENUE, OR BUSINESS INTERRUPTION, OR LOSS OF COMPUTER PROGRAMS OR DATA ARISING FROM (I) YOUR USE OF OR INABILITY TO USE THE SITE, OR (II) CONTENT, PRODUCTS, AND/OR SERVICES INCLUDED ON OR AVAILABLE THROUGH THE SITE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY. THEREFORE, THE ABOVE DISCLAIMER OF WARRANTIES AND/OR LIMITATION OF LIABILITY MAY NOT APPLY TO YOU IN ITS ENTIRETY.
Governing Law. THIS AGREEMENT SHALL BE GOVERNED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA AND ITS VALIDITY, CONSTRUCTION AND EFFECT SHALL BE GOVERNED BY AND ENFORCED PURSUANT TO THE SUBSTANTIVE LAWS OF THE STATE OF CALIFORNIA.
(Last Updated: 11/01/2016)