END-USER
LICENSE
Qualprean, Inc and its Corporate Affiliates and
Strategic Alliance Partners,
(Collectively
the "Qualprean, Inc & Co",
"QASAP") provide this website to
the end-user, YOU,
AND ANY OTHER ENTITY on whose behalf
YOU may accept these terms
(Collectively
"YOU"), subject to the Terms and Conditions stated
below.
In the event of a conflict
between these Terms and
Conditions versus more specific Terms
and Conditions that apply to any
other Web site of Qualprean, Inc,
the more specific terms and conditions of such other Web site shall
prevail with respect to such conflict. All use of the
World Wide Web pages of
Qualprean, Inc is subject
to the terms and conditions set forth hereinafter.
ACCEPTANCE OF TERMS OF USE
THESE TERMS ARE ENTERED INTO BY AND BETWEEN QASAP
AND YOU, AND YOU
ACCEPT THEM BY: (a) YOUR ACCESSING OF THIS SITE; (b) READING ANY
MATERIALS ON THE SITE; (c) USING THE WEBSITE IN ANY OTHER MANNER; AND/OR
(d) ACKNOWLEDGING AGREEMENT WITH THESE TERMS. IF YOU DO NOT AGREE TO ALL
OF THESE TERMS, DO NOT USE THIS WEBSITE
AS
ANY USE OF THE WEB PAGES CONSTITUTES
YOUR AGREEMENT TO ABIDE BY THESE SET-TERMS AND
CONDITIONS.
QASAP and YOU accept that "Qualprean, Inc
Trademarks" means all names, marks, brands, logos, designs, trade dress,
slogans and other designations which
Qualprean, Inc uses in connection
with itself, its products and services offered through these Web pages and
otherwise.
TERMS OF USE
Article 1
Intellectual Property Rights
1.1
All information provided by
Qualprean, Inc and its affiliates,
collectively termed hereinafter as QASAP
( "Qualprean, Inc & Co") Information
is owned by or licensed to Qualprean, Inc and its affiliates (the
"Qualprean, Inc & Co", QASAP ). Enhance
Knowledge LLC and its licensors retain all
proprietary rights to the QASAP Information on
and in
Qualprean, Inc Web pages. Enhance
Knowledge LLC has the right to use all material entered into these Web pages
(other than third-party material, including
materials belonging to our Advertisers and their Ad Serving Companies,
transmitted through private electronic
mail) in any of Qualprean, Inc print or electronic
publications. Except for making one hard copy print of limited portions
of the QASAP
Information on an ad hoc basis, or
downloading as expressly authorized by Qualprean, Inc, the
QASAP
Information may not be reproduced, transmitted or distributed without
QASAP permission.
1.2 Except as expressly
authorized by
Qualprean, Inc and its Affiliates, or by third-party Content providers,
YOU agree not to reproduce,
modify, rent, lease, loan, sell, distribute, mirror, frame, re-publish,
download, transmit, or create derivative works of the Contents of these
Web pages,
in whole or in part, by any means. YOU must not modify, decompile, or
reverse engineer any software
Qualprean, Inc provides or discloses to
YOU irrespective of whether or not the software is freeware, and YOU must not
remove or modify any copyright or trademark notice, or other notice
asserting Intellectual Property Rights over any such materials.
1.3
YOU agree to comply with the
Qualprean, Inc
Trademark and Logo Usage Requirements with these restrictions:
YOU may not remove or alter any
Qualprean, Inc Trademarks, or co-brand
YOUR own
products or material with
Qualprean, Inc Trademarks, without QASAP prior written
consent. YOU acknowledge QASAP rights in
Qualprean, Inc Trademarks and agree that
any use of
Qualprean, Inc Trademarks by
YOU shall inure to QASAP's sole benefit.
YOU
agree not to incorporate any
Qualprean, Inc Trademarks into
YOUR trademarks,
service marks, company names, Internet addresses, domain names, or any
other similar designations, for use on or in connection with print and
electronic media or
Internet-related products, services or technologies.
1.4 QASAP is
committed to respecting others' intellectual property rights, and
requires in reciprocity
our users to do the same. If YOU believe that YOUR work has been
infringed upon on
Qualprean, Inc Website, please
contact the oversight copyright agent
Qualprean, Inc and also at copyrightagent@qualprean.com.
1.5 Unless
explicitly stated herein, nothing in these Terms shall be construed as
conferring any license to Intellectual Property Rights, whether by estoppel, implication, or otherwise. Permission is granted to display,
copy, distribute and download Content owned by
Qualprean, Inc on this Website
provided that: (a) the copyright notice pertaining to the Content
remains, and a permission notice (e.g., "Used with permission") is added
to such Content; (b) the use of such Content is solely for personal and
non-commercial use; (c) such Content will not be copied or posted on any
networked computer or published in any medium, except as explicitly
permitted by valid permission or license covering such materials; and
(d) no modifications are made to such Content. This permission
terminates automatically without notice if YOU breach any of the terms
or conditions in this Article 1, Section 1.1 - 1.4. Upon termination, You must
immediately destroy any downloaded and/or printed Content.
1.6
Qualprean, Inc does not
claim ownership of the Content which
YOU place on the Website and shall have
no obligation of any kind with respect to such Content. Unless otherwise
stated herein, or in our Privacy Policy, any Content provided in
connection with the activities of this Website, other than
Advertisements by our supporters and their Ad Serving companies, shall be deemed to be provided on a non-confidential basis.
Qualprean, Inc shall be free to use or disseminate such
Content on an unrestricted basis for any purpose, and
YOU grant
Qualprean, Inc and
all other users of the Website an irrevocable, worldwide, royalty-free,
nonexclusive license on the same terms as section 1.5 immediately above.
YOU represent and warrant having proper
authorization for the worldwide transfer and processing by QASAP and third-party providers of any information that
YOU may
provide on the Website.
Article 2
Information Provided By QASAP
Qualprean, Inc
makes no guarantees or warranties as to the accuracy or completeness of
or results to be obtained from accessing and using the QASAP
Information. Neither Qualprean, Inc
nor its affiliates shall
be liable to any user or anyone else for any inaccuracy, error or
omission, regardless of cause, in QASAP
Information or for any
damages resulting therefrom.
Article
3
Advertisements and
Promotions
Qualprean, Inc may present
advertisements and promotions from third parties on the Website. YOUR
correspondence or business dealings with, or participation in promotions
of, advertisers other than of
Qualprean, Incs
found on or through the Website, including payment and
delivery of related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, are solely
between YOU and such advertiser. Qualprean, Inc
is not responsible or liable for any loss or damage of any
sort incurred as the result of any such dealings or as the result of the
presence of such other-than-QASAP
advertisers on the Website.
Article 4
CONTENT PROVIDED VIA LINKS
Users may through hypertext or other computer "links" gain access to
other sites on the Internet which are not part of Qualprean, Inc
Web pages. The Qualprean, Inc assumes no responsibility for any
material outside of the Qualprean, Inc Web pages which may be
accessed through any such "link." YOU may
find links to other Internet sites or resources on the Website,
but acknowledge and agree that Qualprean, Inc is
not responsible for the availability of such external sites or
resources, and does not endorse and is not responsible or liable for any
content, advertising, products, or other materials on or available from
such sites or resources. Qualprean, Inc will not be responsible or liable, directly
or indirectly, for any actual or alleged damage or loss caused by or in
connection with the use of or reliance on any such content, goods or
services available on or through any such site or resource.
Article
5 INDEMNITY
YOU indemnify Qualprean, Inc and its Affiliates from any
damages, losses, costs or expenses which Qualprean, Inc, its
affiliates, their respective employees and authorized representatives
may incur as a result of material entered into these Web pages by YOU,
and agree to indemnify and hold QASAP, beneficiaries,
shareholders, officers, directors, agents, licensors,
suppliers, alliance members, other partners, employees and
representatives harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of
user's Content, use of or connection to the Website
(including any use on behalf of any employer),
violation of the Terms, or violation of any rights of another.
Article 6 YOUR OBLIGATIONS
AND CONDUCT
In consideration of YOUR access of the Website:
6.1 YOU agree to: (a) provide
accurate, current, and complete information about YOU as may be prompted
by a registration form on the Website (the "Registration Data"); (b)
maintain the security of your password and identification; (c) maintain
and promptly update the Registration Data, and any information YOU
provide to
Qualprean, Inc, to keep it accurate, current and
complete; and (d) accept all risks of unauthorized access to information
and Registration Data. YOU have sole responsibility for adequate
protection and backup of data and/or equipment used in connection with
the Website.
6.2
YOU
are entirely responsible for all Content that YOU
upload, post or otherwise transmit via the Website. YOU
agree not to upload, post or otherwise transmit,
via the Website, Content that: (a) is inaccurate,
harmful, obscene, pornographic, defamatory, racist, violent, offensive,
harassing, or otherwise objectionable to Qualprean, Inc
or other users of the Website; (b) includes unauthorized disclosure of
personal information; (c) violates or infringes anyone's Intellectual
Property
Rights; or (d) contains software viruses or any other computer
code, files or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or telecommunications
equipment. Qualprean, Inc reserves the right to edit or remove Content that
violates these Terms or that contains third-party commercial
advertisements. Users entering materials on any of these Web pages are
responsible for the content of that material. Qualprean, Inc has no
responsibility for the content of any messages or information posted by
users, or for the content of information of third parties on the
Internet, even if accessed through Qualprean, Inc pages. However,
Qualprean, Inc retains the right, which it may or may not exercise,
in its sole discretion, to review third party material and to edit or
delete from the service any third party material which Qualprean, Inc
deems to be illegal, offensive or otherwise inappropriate.
6.3
YOU
agree that: (1)YOU
will not use or attempt to use
any "deep-link," "scraper," "robot," "bot," "spider," "data mining,"
"computer code" or any other automated device, program, tool,
algorithm, process or methodology or manual process having similar
processes or functionality, to access, acquire, copy, or monitor any
portion of these Web pages, any data or content found on or accessed
through these Web pages, or any other
QASAP
Information
without the prior express written consent of Qualprean, Inc;
(2) YOU will not
use the Website to: (a) transmit spam, bulk or unsolicited communications; (b) pretend to be
Qualprean, Inc or someone else, or spoof Qualprean, Inc's or someone else's identity; (c)
forge headers or otherwise manipulate identifiers (including URLs) in
order to disguise the origin of any Content transmitted through the
Services; (d) misrepresent
YOUR affiliation with a person or entity; (e)
disrupt the normal flow of dialogue or otherwise act in a manner that
negatively affects other users' ability to use the Website
OTHERWISE
violate any measure employed to limit or prevent access to
these Web pages or their content;; (f) engage in activities that would
violate any fiduciary relationship, any applicable local, state,
national or international law, or any regulations having the force of
law, including but not limited to attempting to compromise the security
of any networked account or site, operating an illegal lottery or
gambling operation, stalking, or making threats of harm
or to facilitate the violation of any law or regulation;
(3) YOU will not
use the Website to:(a) obtain or attempt to
obtain through any means any materials or information on these Web
pages that have not been intentionally made publicly available
either by their public display on these Web pages or through their
accessibility by a visible link on these Web pages; (b)
collect or store personal data about other users unless specifically
authorized by such users; (c)
violate the security of these Web pages or attempt to gain unauthorized
access to these Web Pages, data, materials, information, computer
systems or networks connected to any server of these Web Pages, through
hacking, password mining or any other means; (d) interfere
or attempt to interfere with the proper working of these Web pages or
any activities conducted on or through these Web pages, including
accessing any data, content or other information prior to the time that
it is intended to be available to the public on these Web pages;
(e) take or attempt any action that, in the sole discretion
of Qualprean, Inc,
imposes or may impose an unreasonable or disproportionately large
load or burden on these Web pages or the infrastructure of these Web
pages.
updated: April 20,
2013
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