Terms of Use and Legal Restrictions

Last updated: April 1, 2010


Notice:  Please read the following carefully before using the site or otherwise accessing any of the content or services available through the site. By using the site, you accept the following terms of use. If you do not accept these terms of use, do not use the site or otherwise access any of the content or services available through the site.

 


The QuantumDigital, Inc. website (the "site") and all associated content and services accessible through the site are provided by QuantumDigital, Inc. ("QuantumDigital"). Please note the following: (i) because QuantumDigital may update these terms of use at any time without notice to you, you should review these terms of use from time to time (the most current version of these terms of use can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of the site’s pages) and (ii) these terms of use include any other operating rules or policies that may be published on the site by QuantumDigital (collectively, the "TOU").

  1. Copyright: All content included on the site (including text, graphics, logos, button icons, images, data compilations, and software) ("content") is the property of QuantumDigital (and as applicable, its licensors). All content is protected by United States and international copyright laws and other intellectual property laws, and any rights not expressly granted herein are reserved to QuantumDigital.
  2. Our Service: QuantumDigital provides the service of composing, printing, and mailing direct mail marketing materials, as well as providing list and other information and materials to assist you in your marketing efforts (the "Services"). The Services are available through the site and QuantumDigital authorizes you to use the site and to access the Services; provided you comply with the TOU. If you breach any of the terms of the TOU, your authorization to use the site and the Services automatically terminates and you must immediately destroy any of the content you have downloaded or otherwise obtained. Please note that in providing the Services, QuantumDigital neither makes any representation or guarantee as to the results you will achieve from using the Services nor does it act as an agent, partner, joint venturer, or in any other capacity on your behalf or on behalf of the United States Postal Service ("USPS"). Delivery time averages eight (8) to fourteen (14) business days, however QuantumDigital makes no guarantees in this respect. All issues related to delivery of mail are matters solely between the USPS and yourself.
  3. User Conduct: You are solely responsible for the content and context of all items and materials you compose or otherwise distribute in using the Services. You warrant and agree that, while accessing the site or any content and during or as a result of using any Service, you shall not:
    1. harass, threaten, embarrass, or cause distress or discomfort upon another party;
    2. transmit or otherwise distribute any information, data, text, files, links, software, messages, communications, or other materials that may be considered unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, or racially, ethnically, or otherwise objectionable;
    3. impersonate any other person or entity or misrepresent your affiliation with any other person or entity;
    4. violate any applicable laws, rules, or regulations or otherwise use the Services in any manner that violates any applicable laws, rules, or regulations (including laws, rules, and regulations relating to unsolicited messages or calls and U.S. export requirements);
    5. upload, publish, transmit, reproduce, or distribute in any way information, software, or other material that is protected by copyright or other intellectual property rights, without first obtaining proper permission; and
    6. upload, publish, transmit, reproduce, or distribute any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, or otherwise objectionable information of any kind (including any transmissions constituting or encouraging conduct that would constitute illegal activity, give rise to civil liability, or otherwise violate any local, state, national or foreign law, rule, or regulation).
    7. violate the Direct Marketing Association's Guidelines for Ethical Business Practice (http://www.the-dma.org/guidelines/EthicsGuidelines.pdf) and all federal, state and local laws, statutes, rules and regulations, including without limitation all applicable "do not call" legislation, when using list data provided through this service.
  4. Refusal of Service: You understand that QuantumDigital has no obligation to monitor your use of the Services and the materials you develop with the Services. QuantumDigital does, however, reserve the right to review the same and to remove (and/or suspend the Services with respect to) any materials that QuantumDigital believes (in its sole discretion) are illegal or otherwise improper. QuantumDigital also reserves the right, in its sole discretion, to require proof that you are authorized to distribute the content developed with the Services.
  5. Use of Software: All software is made available for you to use solely in accordance with the TOU. You may not reproduce, modify, distribute, or otherwise make available the software to any third party. Further, you may not use the software in a service bureau or other similar manner for the benefit of any third party. Any use of the software not in accordance with the TOU is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Any software which is downloaded or otherwise accessed on the site for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is QuantumDigital, Inc., 8702 Cross Park Dr., Austin, TX 78754. Without limiting the foregoing, copying or reproduction of the software to any other server or location for further use, reproduction, or redistribution is expressly prohibited.
  6. Disclaimers; Liability: Although QuantumDigital believes that the site, the content, and the Services are reliable and fully available, QuantumDigital makes no guarantees with respect to any of the foregoing. Consequently, THE SITE, THE SOFTWARE, AND ALL OTHER CONTENT AND SERVICES ARE PROVIDED “AS IS” AND QuantumDigital HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SITE, THE SOFTWARE, AND ALL OTHER CONTENT AND SERVICES, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY (WHETHER EXPRESS, IMPLIED, OR STATUTORY), FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. FURTHER, QuantumDigital DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULTS OF THE USE OF THE SITE OR THE SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE AND DOES NOT WARRANT THAT THE OPERATION OF THE SITE, THE SERVICES, OR ANY OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. QuantumDigital EXPRESSLY DISCLAIMS ANY WARRANTIES NOT STATED HEREIN. To the maximum extent permitted by applicable law, in no event shall QuantumDigital (including its directors, officers, employees, and agents) be liable for any damages (including any special, direct, indirect, incidental, exemplary, or consequential damages, expenses, lost profits, lost savings, business interruption, lost business information, or any other damages arising out of the use or inability to use the site, the Services, or any of the software) even if QuantumDigital has been advised of the possibility of such damages. You acknowledge that the applicable fees and prices reflect this allocation of risk. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply. If the foregoing limitation of liability is not enforceable for any reason, then in no event shall QuantumDigital’s liability to you for any matter arising under or relating to your use of the site, the content, or the Services exceed the total amount you paid to QuantumDigital with respect to the particular Services giving rise to the claim.
  7. National Do Not Call Registry: With respect to any Services relating to the provision of phone number lists for telemarketing purposes, you acknowledge and agree that: (i) although, QuantumDigital makes reasonable efforts to validate its telemarketing data, you are solely responsible for confirming and validating all numbers against applicable “Do Not Call” registries before using the same and (ii) you are solely responsible for complying in all respects with all applicable federal and state telemarketing laws, rules, and regulations. Consequently, you are strongly encouraged to register with the National Do Not Call Registry for the purpose of personally verifying list compliance.
  8. Modifications to site: QuantumDigital reserves the right, for any reason, at its sole discretion, and without notice to (i) terminate, change, suspend or discontinue any aspect of the Services, the content, and the site (including features and hours of availability) and (ii) impose limits on certain features of the site or restrict your access to part or all of the site.
  9. User Information: As part of your use of the site, you may provide certain information to QuantumDigital or other users of the site. Except for applicable credit card or bank account and related information, any information or material you transmit to the site or otherwise provide to QuantumDigital is considered non-confidential and non-proprietary and QuantumDigital has no obligations of confidentiality with respect to the same. You agree that the party receiving that information can rely upon and use such information in any manner. You acknowledge and agree that you are solely responsible for the accuracy and content of all information provided by you. For more information on QuantumDigital’s information use policy, please read our privacy policy.
  10. Links to Other Sites: Links to third party websites on the site are provided solely as a convenience to you. If you use these links, you will leave the site. QuantumDigital does not control and is not responsible for any of these third party sites or their content. Thus, QuantumDigital does not endorse or make any representations about them, any information, software, or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to the site, you do so entirely at your own risk.
  11. Billing: If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete, and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. A one-time enrollment fee, of not more than $39, may be charged when you sign up to use the site. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by QuantumDigital or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder. Orders are billed according to arrangements determined by your enrollment and/or company mailing program. Your credit card or bank account will be billed for any charges that are your responsibility. QuantumDigital makes every effort to ensure accurate pricing, but pricing errors may occur. By submitting an enrollment or order you agree to pay the price in effect for the applicable Service you are ordering. For pricing questions please contact us within 60 days of the applicable enrollment or order placement. Please review your order information carefully before placing your order. Once placed, orders cannot be changed or cancelled.
  12. Indemnification: You shall indemnify, defend, and hold QuantumDigital, its officers, directors, employees, and agents harmless from and against any and all claims, losses, damages, liabilities, judgments, and fees and expenses related thereto (including attorneys' fees), arising out of, based upon, or resulting from, any breach or violation by you of the TOU or any use by you of the site or the Services. QuantumDigital reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In no event, however, shall you settle or otherwise dispose of any such matter without the prior written consent of QuantumDigital.
  13. Site Administration: QuantumDigital administers the site from its offices in Austin, Texas. QuantumDigital makes no representation that the site, the content, or any Services are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials at the site or any copy or adaptation in violation of any applicable laws or regulations (including U.S. export laws and regulations). If you choose to access the site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.
  14. General Provisions: The TOU comprises the entire agreement between you and QuantumDigital and supersedes all prior agreements between the parties, regarding the subject matter contained herein. If you become dissatisfied with the site, the content, or the Services in any way, your sole recourse is to immediately discontinue use of the same. If any provision of the TOU is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to effect the intent of such provision and the remainder of the TOU shall continue in full force and effect. The failure by QuantumDigital to exercise or enforce any rights or provisions of the TOU shall not constitute a waiver of such right or provision. You agree that any cause of action arising out of, or related to, the site, the content, or any Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The TOU will be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of laws, all matters arising hereunder shall be exclusively venued in Travis County, Texas, and you agree to the exclusive jurisdiction of the state and federal courts located in Travis County, Texas. All provisions in the TOU regarding representations and warranties, indemnification, disclaimers, and limitations on liability shall survive any termination of the TOU or your use of the site, the content, or the Services. Where the context so indicates, a word in the singular form shall include the plural, a word in the masculine form the feminine, and vice-versa. The term "include" and similar terms (e.g., includes, including, included, comprises, comprising, such as, e.g., for example), when used as part of a phrase including one or more specific items, are used by way of example and not of limitation.

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