Qcasting

Qcasting Terms of Use
BY REGISTERING WITH Qcasting, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT

Qcasting (“[Qcasting] “) welcomes you to the [Qcasting] web site, www.Qcasting (the “Site“). The Site provides you or, in the case that you represent a company or other entity, that company or other entity (“you“, “your“, “yourself“) with access to Qcasting′ services and service providers (the “Services“). These Terms of Use (this “Agreement“) and the Qcasting privacy policy (“Privacy Policy”) found on our website apply to your use of the Site and Services. Carefully read the terms of this Agreement. If you are accessing the Site and Services on behalf of a company that you represent (“Your Company”), then you agree to bind both yourself as an individual, and Your Company, to all of the terms of this Agreement.

By accessing the Site or otherwise using the Services, you acknowledge that you have read and agree to be bound by this Agreement. If you do not agree with any of the terms of this Agreement, you do not have permission to access the Site or use the Services.

In addition, you may also be asked to enter into additional agreements before being permitted to access certain of the Services. Those additional agreements are made a part of this Agreement and will govern your use of the Services covered by the additional agreements. In the event of a conflict between the terms of this Agreement and those additional agreements, the terms of the additional agreements shall govern.

Qcasting reserves the right, in its sole discretion, to modify this Agreement at any time by posting a modified version of this Agreement to the Site. You agree to be bound by the modified Agreement through your continued access to the Site or use of the Services.

1. Registration. In order to access some Services, you will be asked to submit certain information about yourself (“Registration Information”). You represent and warrant that all Registration Information you have provided is true, accurate, current and complete.
2. Email Communication. You must provide your electronic mail (“email”) address when registering to access some Services. We may use your email address, when necessary, to communicate with you regarding the administration of the Site. Occasionally, you may receive newsletters and updates with information that we deem to be of interest to the members of Qcasting. If you do not want to receive newsletters and updates, you may opt out of those Services (i) during the registration process, or (ii) by clicking on the “unsubscribe.php” link in emails.
3. Use of the Site and the Services and Permissions and Restrictions. You may access and use the Site and the Services only for lawful purposes and solely in accordance with the terms of this Agreement. Qcasting reserves the right to discontinue any aspect of the Qcasting Site or Services at any time and without notice. All rights not expressly granted to you under this Agreement are reserved by Qcasting and its licensors.

You will not:

• use the Site or Services in any manner associated with the transmission, distribution or delivery of any unsolicited bulk or unsolicited commercial e-mail;
• license, sublicense, rent, lease, loan, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Site or Services; or
• modify or make derivative works based upon the Site or Services; or
• reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code or method of operation of the Site or Services, or authorize any third party to do any of the foregoing; or
• access or make use of the Services and Site by scripts or automated services; or
• impersonate any person or use a name that you are not authorized to use; or
• compromise violate or impair system or network security or operation; or
• defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others; or
• publish, post, upload, e-mail, distribute, or disseminate (collectively, “Transmit”) any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content; or
• advertise or offer to sell any goods or services for any commercial purpose unless you have our written consent to do so; or
• transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person’s computer, our Site, any software or hardware, or telecommunications equipment; or
• Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters; or
• restrict or inhibit any other user from using and enjoying any public area within the Site; or
• collect or store personal information about other users on the Site
• Establish any external link within the Site; or
• engage in any illegal activities.

Ownership of Intellectual Property.
Qcasting and its licensors own all rights, title and interest in and to the Site and Services, including, without limitation, any Results (defined below) and any Intellectual Property Rights therein and/or related thereto. “Intellectual Property Rights” means all worldwide patent, patent applications, copyrights, trade secrets, trademarks, service marks, trade names and any other intellectual property, trade secret, proprietary, and database protection rights. The Qcasting name and logo are trademarks of Qcasting, and no right or license is granted to you herein to use such trademarks.

Data Collection. Qcasting will have the right to utilize data capture, analysis tools, and other similar tools, to review, extract, compile, synthesize, and analyze queries entered by you as well as any non-personally identifiable data or information resulting from your use of the Services (“Results”). To the extent that any Results are collected by Qcasting, such Results will be solely owned by Qcasting and may be used by Qcasting for any lawful business purpose without a duty of accounting to you, provided that the Results are used only in an aggregated form, without specifically identifying the source of the Results.

Representations and Warranties. You represent, warrant and covenant for the benefit of Qcasting that: (1) you have the legal right and authority to enter into this Agreement, and, if you are accepting this Agreement on behalf of a company or other entity, to bind the company or other entity to the terms of this Agreement; (2) you have the legal right and authority to perform your obligations under this Agreement and to grant the rights and licenses described in this Agreement and in any applicable additional agreement you enter into in connection with any of the Services; (3) all information you provide to Qcasting in connection with this Agreement and your access to the Site and use of the Services is correct and current.

Indemnification. You will indemnify, defend, and hold harmless Qcasting and each of its respective employees, officer, directors, and affiliates (“Indemnified Parties”), from any and all claims, losses, liabilities, damages, fees, expenses and costs (including attorneys’ fees, court costs, damage awards, and settlement amounts) which result from any claim or allegation against any Indemnified Party arising from: (a) your accessing the Site or use of the Services, including any materials disseminated or transmitted by you and/or your registrants; (b) your breach of any term of this Agreement; or (c) your negligence or intentional misconduct hereunder. Qcasting will provide you with notice of any such claim or allegation, and Qcasting will have the right to participate in the defense of any such claim at its expense.

Disclaimer. YOU ACKNOWLEDGE THAT THE SITE AND THE SERVICES ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTIES WHATSOEVER. YOU RECOGNIZE THAT THE CURRENT STATE OF TECHNOLOGY DOES NOT ALLOW FOR ERROR-FREE ACCESS TO THE SITE AND USE OF THE SERVICES, AND INTERRUPTIONS, CRASHES AND DOWNTIME MAY OCCUR FROM TIME TO TIME. Qcasting DOES NOT REPRESENT OR WARRANT THAT: (A) THE USE OF THE SITE AND THE SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; (B) THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR (C) ANY RESULTS GENERATED BY USING THE SITE OR THE SERVICES WILL BE ACCURATE, UP-TO-DATE, COMPLETE, OR RELIABLE. Qcasting DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NO ORAL OR WRITTEN INFORMATION GIVEN BY Qcasting WILL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES. YOU AGREE THAT YOUR ACCESS TO THE SITE AND THE INFORMATION THEREON AND YOUR USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LIABILITY OR DAMAGE YOU INCUR THROUGH ACCESS TO THE SITE OR USE OF THE SERVICES.

ADDITIONALLY, YOU ACKNOWLEDGE THAT NEITHER Qcasting, THE SERVICES, OR ITS SITE MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN THE SITE, ARE ENGAGED IN RENDERING COUNSELING, OCCUPATIONAL OR OTHER PROFESSIONAL SERVICES OR ADVICE. THE INFORMATION, CONTENT, SERVICES, OPINIONS AND PRODUCTS PROVIDED ON THIS SITE ARE NOT AND SHOULD NOT BE CONSIDERED PROFESSIONAL OR OCCUPATIONAL ADVICE. Qcasting YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE FOR ANY SITUATION OR PROBLEM THAT YOU MAY HAVE.

Limitation of Liability. IN NO EVENT WILL Qcasting BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, ARISING OUT OF, OR IN CONNECTION WITH THE SITE, THE SERVICSE, THE INFORMATION THEREON, OR THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION, THE USE OR INABILITY TO USE THE SITE, EVEN IF Qcasting HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE.

YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICES PROVIDED BY Qcasting IN CONNECTION WITH YOUR USE OF THE SITE AND SERVICES SHALL BE TO DISCONTINUE YOUR USE OF THE SITE AND SERVICES.

Privacy Policy. Qcasting’s Privacy Policy, a copy of which is available at on the website, is incorporated in this Agreement by reference. By accepting this Agreement, you expressly consent to the use and disclosure of your personally identifiable and other information as described in the Privacy Policy.

Linked Sites. The Site may contain links to third party sites that are not under the control of Qcasting, and Qcasting is not responsible for any content on any linked site. If you access a third party site from the Site, then you do so at your own risk. Qcasting provides links only as a convenience and the inclusion of the link does not imply that Qcasting endorses or accepts any responsibility for the content on those third party sites. Qcasting welcomes links to the Site. You may not frame or otherwise incorporate into another site the content or other materials on the Site without prior written consent.

Notices. All notices by you under this Agreement must be delivered in writing by courier, by email to info@Qcasting.com, or by certified or registered mail (postage prepaid and return receipt requested) to Qcasting’s address set forth on the Site, as appropriate. Such notice will be effective upon receipt or three business days after being deposited in the mail, whichever occurs sooner. Qcasting may deliver a notice to you by posting of a general notice on the Site, which will be effective upon posting to the Site.

Termination. Qcasting may terminate your use of the Site and Services, without cause, at any time and without notice to you. Termination pursuant to the foregoing sentence shall terminate your access to any Services. Qcasting shall not be liable to you or to any third party for termination of your use of the Site or Services for any reason.

General Provisions. This Agreement, as well as the Qcasting Privacy Policy, is the complete and exclusive statement of the Agreement between Qcasting and you regarding the Site and the Services and supersedes any other agreement or proposal, oral or written (including information on the Site), and any other communications between Qcasting and you. This Agreement will be governed by the laws of the State of New York without regard to conflicts of law principles. All disputes arising under this Agreement must be brought in the state or federal courts located in New York County, New York. Each party irrevocably hereby consents to the jurisdiction and venue of any such court in any such action or proceeding. There are no other third party beneficiaries under this Agreement. The waiver of a breach of any provision of this Agreement by Qcasting will not operate or be interpreted as a waiver of any other or subsequent breach. If any provision of this Agreement is deemed unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. You may not assign, delegate or otherwise transfer this Agreement or any of your rights or obligations under this Agreement without the prior written consent of Qcasting. Any such assignment, delegation or transfer in violation of the foregoing will be null and void.