4. "User Content" means any content posted to, or otherwise provided to or through, the Website by a user not affiliated with Quantum Integrity.
5. You acknowledge and agree that: a. All Website content, including the selection, coordination, arrangement, and enhancement of all Website content but not including other third party content such as User Content, is copyright Quantum Integrity Software Inc., who reserves all rights; b. Quantum Integrity owns the following trade marks: "Dead Matter" and its associated logo, and no right to use these marks is granted; c. Website content is provided under license by other users, Quantum Integrity, and other third parties; d. Quantum Integrity permits access to content that is protected by copyrights, trade marks, and other intellectual or other property rights; e. Quantum Integrity has no control over, and no liability for, links to third party websites; f. Quantum Integrity has no obligation to ensure Website content is updated or accurate; g. Quantum Integrity has no liability for, and no responsibility to remove, any third party content or User Content; and h. Except as explicitly provided otherwise, this Agreement, applicable copyright, and other laws govern your use of Website content.
6. You: a. grant to Quantum Integrity a non-exclusive, worldwide, perpetual, royalty-free license to use your User Content in any way, including to link to, store, copy, reproduce, distribute, adapt, make derivative works of, exploit, perform, display, sublicense (through multiple tiers), or otherwise handle or make any use (including commercial use) of your User Content; b. waive all moral rights over your User Content; c. agree that Quantum Integrity may license, sublicense, and/or transfer the above rights to others; and d. agree that your User Content does not and will not contain any material to which you do not have rights to provide the above grants.
8. Quantum Integrity may in its sole discretion and for any reason regulate, edit, delete, modify, or update any Website content including your User Content. However, Quantum Integrity has no obligation to do so, or to otherwise moderate any Website content including any User Content.
9. You may not transfer to any person, or grant any person the right to use, any user account or password you may be issued in connection with the Website.
10. You agree that Quantum Integrity may terminate a user account or discontinue any part of the Website at any time, at its sole discretion, and for any reason.Fair Use
11. You agree to use the Website only for personal, non-commercial, and lawful purposes. Without limiting this obligation, you agree that in connection with your use of the Website you will not: a. restrict or inhibit anyone from using the Website, including by placing an unreasonably large load on Quantum Integrity's infrastructure; b. use any device, software, or technique to interfere or attempt to interfere with the Website's operation; c. post, transmit, or promote any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially objectionable, ethnically objectionable, or otherwise objectionable; d. harass, threaten, embarrass, or cause distress, unwanted attention, or discomfort to another user of the Website or other person or entity; e. post, transmit, promote, link, distribute, or facilitate the distribution of sexually explicit or offensive material; f. upload files to the Website that contain material protected by intellectual property laws or other applicable laws unless you own or control the rights thereto or have received all necessary consents; g. upload anything intended to harm or damage the operation of another's computer, including corrupted files or viruses; h. post or transmit, or cause to be posted or transmitted, chain letters or pyramid schemes; i. post or transmit, or cause to be posted or transmitted, any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals, or entities, except in those areas that are expressly designated for such a purpose (e.g., the classNameified areas), or collect or harvest screen names of other users, without permission; j. falsify the origin or source of software or other material contained in a file that is uploaded; k. violate any operating rule, policy, or guideline of the Website; l. violate any applicable law, whether provincial, municipal, local, state, national, international, or foreign (including rules and regulations), whether intentionally or unintentionally; m. use the Website for any commercial purpose without Quantum Integrity's prior written permission; or n. modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any content, information, software, products, or services obtained from the Website.
12. Quantum Integrity respects the intellectual property of others, and expects all users of the Website to do the same. If you believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, you may notify Quantum Integrity with the following information: a. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., internet address) of the location where the copyrighted work exists or a copy of the copyrighted work; b. the location on the Website of the work that you claim is infringing; c. your address, telephone number, and e-mail address; d. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; e. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and f. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest to email@example.com.
Disclaimer and Indemnity
13. In this section, and under "Indemnity" (below), "Quantum Integrity" includes its partners, employees, affiliates, and successors.
15. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR PERSONAL USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. IN NO EVENT WILL QUANTUM INTEGRITY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTIAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, QUANTUM INTEGRITY'S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. QUANTUM INTEGRITY DOES NOT ENDORSE, WARRANT, OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE OFFERED THROUGH THE WEBSITE, EXCEPT AS EXPRESSLY PROVIDED ELSEWHERE, AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES OR OTHER USERS OF THE WEBSITE.
16. QUANTUM INTEGRITY'S MAXIMUM LIABILITY IN CONNECTION WITH YOUR USE OF THE WEBSITE IS $10 CANADIAN DOLLARS.
Modification of Agreement
24. Quantum Integrity may assign its rights and obligations hereunder to any person.