IMPORTANT: 4Q LLC/FILESUBMIT.COM GENERAL TERMS AND CONDITIONS ("T&Cs")
BY DOWNLOADING THIS FILE, YOU ACCEPT TO BE BOUND BY ALL OF THESE GENERAL TERMS AND CONDITIONS.
The 4Q LLC ("4Q") network consists of multiple Internet/World Wide Web sites, web pages, products and services (collectively "Products and Services") owned and/or operated by 4Q or its designees, including the FILESUBMIT.COM Web Sites.
4Q currently provides visitors with access to a collection of Internet/World Wide Web Products and Services through its network of properties. You understand and agree that the Products and Services are provided on an "AS-IS" and "AS AVAILABLE" basis and that 4Q assumes no responsibility for the Content, timeliness, deletion, mis-delivery or failure to store any member communications or personalization settings.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial or other purposes, the whole of any portion of 4Q Products and Services, use of the Products and Services, or access to the Products and Services.
You agree, at any time during the period of these T&Cs, that 4Q, in its sole discretion, reserves the right to revise these T&Cs and any Additional Terms at anytime, effective upon making the modified provisions available on the 4Q network; and to change the Products and Services provided under these T&Cs. Any such revision or change will be binding and effective immediately on posting of the revised T&Cs or change to the Products and Services on an 4Q web site or web page, or notification to you by e-mail or regular mail as per the Notices section of these T&Cs. You are responsible for regularly reviewing these T&Cs. Your continued use of the 4Q network after any such changes shall constitute your consent to such changes. 4Q does not and will not assume any obligation to notify you of any changes to these T&Cs or any Additional Terms.
As a condition of your use of the Products and Services, you warrant to 4Q that you will not use the Products and Services for any purpose that is unlawful or prohibited by these terms, conditions and notices. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of you and/or the person from which such Content originated. This means that you, and not 4Q, are entirely responsible for all Content that you upload, post, email or otherwise transmit via a Product and Service. 4Q may not control the Content posted via the Products and Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Products and Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will 4Q be liable in any way for any Content, including but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Products and Services.
You agree to abide by all applicable local, state, national and international laws and regulations. You agree that you will not:
(a) upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited to, an 4Q official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Products and Services;
(e) upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
(g) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters, "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
(h) upload, post, email or otherwise transmit any material that 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;
(i) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other members of the Products and Services are able to type, or otherwise act in a manner that negatively affects other members' ability to engage in real time exchanges;
(j) interfere with or disrupt the Products and Services or servers or networks connected to the Products and Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Products and Services;
(k) sell, distribute, disseminate or link to any sites for marketing, sales or distribution of: firearms, explosives, ammunition, liquor, tobacco products, food that is not packaged or does not comply with all applicable laws for sale to consumers by commercial merchants, pharmaceuticals and controlled substances, counterfeit, pirated or stolen goods, any goods or services that infringe or otherwise violate a third party's rights, registered or unregistered securities, goods or services that you cannot legally sell, are misrepresented, and/or if sold via the our web site(s) would cause 4Q to violate any law, statute or regulation;
(l) harvest or otherwise collect information about third parties, including e-mail addresses, without the express consent of such third parties;
(m) restrict or inhibit any other member from using and enjoying its rights in 4Q;
(n) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; or
(o) "stalk" or otherwise harass another.
You acknowledge that 4Q may not pre-screen Content, but that 4Q and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available through the Products and Services. Without limiting the foregoing, 4Q and its designees shall have the right to remove any Content that violates these T&Cs or is otherwise objectionable or illegal. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
4Q is not obligated to monitor the Content. However, with respect to the use of the Products and Services offered, 4Q, in its sole discretion, reserves the right to preserve any information and may also disclose such if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these T&Cs; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or safety of 4Q, its members and the public.
You understand that the technical processing and transmission of the Products and Services, including the Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Unless otherwise provided, 4Q does not claim ownership of the materials provided to 4Q (including feedback and suggestions) or post, upload, input or submit in connection with your use of 4Q or any Web site ("Your Web Site") created by you or on your behalf in connection with the use of 4Q (collectively "Submissions"). However, by storing any files on an 4Q computer device you grant 4Q a worldwide, royalty-free and non-exclusive license to use (including, without limitation, the rights to: copy, distribute, subscribe, transmit, publicly display, publicly perform, reproduce, edit, translate, sublicense and reformat your Submission, and to publish your name in connection with your Submission) your Submission in connection with the operation and promotion of 4Q. You also grant 4Q the right to publish your name in connection with any such communication. No compensation will be paid or due you with respect to 4Q's or its sublicensee's use of the materials as licensed above. 4Q is under no obligation to post or use any materials you may provide, and may remove such materials at any time in 4Q's sole discretion. By posting messages, uploading files, inputting data, submitting any feedback or suggestions, or engaging in any other form of communication with or through any 4Q Web Site, you warrant and represent that you own or otherwise control the rights necessary to do so and to grant 4Q the license set forth above, and you will defend and indemnify 4Q and its suppliers from any third party claim related to a breach of any of the foregoing representations or warranties, including but not limited to attorneys' fees and costs.
Data and certain other information about you is subject to our Privacy Policy. For more information, please see our privacy policy at http://www.filesubmit.com/privacy.php. 4Q is specifically exempt from coverage under Children's Online Privacy Protection Act (COPPA) since neither 4Q nor its affiliates operates a web site directed to children under thirteen (13) years of age that collections personal identifiable information from children under thirteen (13) years of age, and does not operate a general audience web site and have actual knowledge that personal identifiable information is collected from children under thirteen (13) years of age.
Recognizing the global nature of the Internet/World Wide Web, you agree to comply with all laws, regulations and rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Any software that is made available to download from or otherwise through the Products and Services, excluding software that may be made available by third parties via 4Q, ("Software") is the copyrighted work of 4Q and/or its suppliers. Your use of the Software is governed by these T&Cs and the applicable Additional Terms, and the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). To the extent that the License Agreement conflicts with the T&CS and/or Additional Terms, the terms of the License Agreement shall govern your use of the Software. You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement. For any Software not accompanied by a license agreement, 4Q hereby grants to you, the user, a personal, non-exclusive, non-transferable and revocable license to use the Software for viewing and otherwise using the particular Product and Service in accordance with the applicable T&Cs, and for no other purpose. In addition, you shall keep intact all and may not alter any copyright and other proprietary notices contained in such Software. All Software is owned by 4Q and/or its suppliers, and is protected to the maximum extent permitted by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Persons violating the foregoing, or who otherwise misappropriate any intellectual property or proprietary rights related to the Software may be prosecuted to the maximum extent under the law. Without limiting the foregoing, copying or reproducing the software to any other server or location for further reproduction or redistribution is expressly prohibited. You may not decompile, disassemble, reverse engineer or otherwise attempt to discover any trade secret contained in any software provided hereunder.
4Q may terminate these T&Cs and your access to 4Q (in whole or in part) and related Products and Services at any time, with or without cause, and with or without notice. Anyone determined by 4Q to have violated these T&Cs may be barred from using the 4Q network, or from receiving any products, services or benefits from 4Q.
The Products and Services may provide, or third parties may provide, links to other Internet/World Wide Web sites or resources. 4Q has no control over such sites and resources and you acknowledge and agree that 4Q 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. You further acknowledge and agree that 4Q shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
You acknowledge and agree that the Products and Services and any necessary software used in connection with the Products and Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Products and Services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by 4Q or its designees, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Products and Services or the Software, in whole or in part.
GENERAL DISCLAIMER
YOU AGREE THAT YOUR USE OF 4Q PRODUCTS AND SERVICES IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT SUCH PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. 4Q EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 4Q MAKES NO WARRANTY THAT THE PRODUCTS AND SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE PRODUCTS AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES 4Q MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS AND SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE PRODUCTS AND SERVICES OR THAT DEFECTS IN THE PRODUCTS AND SERVICES WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. 4Q MAKES NO WARRANTY REGARDING ANY PRODUCTS AND SERVICES PURCHASED OR ANY TRANSACTIONS ENTERED INTO THROUGH THE PRODUCTS AND SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 4Q OR THROUGH THE PRODUCTS AND SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
LIMITATION OF LIABILITY
YOU AGREE THAT 4Q'S ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, WITH RESPECT TO ANY PRODUCTS AND SERVICES PROVIDED UNDER THESE T&CS AND ANY BREACH OF THESE T&CS IS SOLELY LIMITED TO THE DISCONTINUANCE OF USE OF 4Q PRODUCTS AND SERVICES. 4Q AND ITS CONTRACTORS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, STOCKHOLDERS, VENDORS, REPRESENTATIVES AND AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE, MISUSE OR INABILITY TO USE ANY OF THE PRODUCTS AND SERVICES OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES. 4Q DISCLAIMS ANY AND ALL LOSS OR LIABILITY RESULTING FROM, BUT NOT LIMITED TO: (a) LOSS OR LIABILITY RESULTING FROM ACCESS DELAYS OR ACCESS INTERRUPTIONS; (b) LOSS OR LIABILITY RESULTING FROM DATA NON-DELIVERY OR DATA MIS-DELIVERY; (c) LOSS OR LIABILITY RESULTING FROM CONDITIONS BEYOND OUR REASONABLE CONTROL AFTER EXERCISING SUCH CONTROL, INCLUDING BUT NOT LIMITED TO INTERRUPTION OF POWER, FIRE, FLOOD, ACCIDENT, STORM, ACTS OF WAR, RIOT, GOVERNMENT INTERFERENCE, STRIKES OR WALKOUTS; (d) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD; (e) LOSS OR LIABILITY RESULTING FROM ERRORS, OMISSIONS, OR MISSTATEMENTS IN ANY AND ALL INFORMATION OR PRODUCTS AND SERVICES PROVIDED UNDER THESE T&CS OR ADDITIONAL TERMS; (f) LOSS OR LIABILITY RESULTING FROM THE INTERRUPTION OF YOUR PRODUCTS AND SERVICES. YOU AGREE THAT 4Q WILL NOT BE LIABLE FOR ANY LOSS OF REGISTRATION AND USE OF YOUR DOMAIN NAME, OR FOR INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EXCLUSIONS AND LIMITATIONS
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, 4Q LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
INDEMNIFICATION
You agree to release, indemnify, and hold 4Q, its contractors, agents, employees, attorneys, officers, directors, stockholders, vendors, representatives and affiliates harmless from all liabilities, claims and expenses, including without limitation attorneys' fees relating to or arising under these T&Cs or Additional Terms, the Products and Services provided hereunder or your use of the Products and Services, including without limitation infringement by you, or someone else using the Products and Services with your computer, of any intellectual property or other proprietary right of any person or entity, any misrepresentation, fraud, deceit, failure to disclose or material omission of the representations and warranties, rights, responsibilities, obligations, duties made in these T&Cs or Additional Terms or from the violation of any of our operating rules or policy relating to the Products and Services provided. When 4Q is threatened with a claim or suit by a third party, 4Q may seek written assurances from you concerning your promise to indemnify 4Q; your failure to provide those assurances may be considered by 4Q to be a breach of your Agreement and may result in deactivation of your domain name.
4Q is either a trademark or registered trademark of 4Q Technology, Inc. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
COPYRIGHTS AND COPYRIGHT AGENTS
4Q respects the intellectual property of others, and we ask our members to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide 4Q's Copyright Agent the following information:
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(ii) a description of the copyrighted work that you claim has been infringed;
(iii) a description of where the material that you claim is infringing is on the site;
(iv) your address, telephone number, and email address;
(v) 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;
(vi) 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.
4Q's agent for notice of claims of copyright infringement on the network of web sites can be contacted as follows:
By mail:
4Q LLC
4802 East Ray Road, PMB 23144
Phoenix, AZ 85044
By telephone: (480)775-5115
By email: copyright@filesubmit.com
COPYRIGHT AND TRADEMARK NOTICES
All contents of the 4Q network are: Copyright (c) 1999-2001 4Q, Technology, Inc. and/or its designees. All rights reserved.
GENERAL INFORMATION
These T&Cs constitute the entire agreement between you and 4Q and govern your use of the Products and Services, superceding any prior agreements between you and 4Q. You also may be subject to additional terms and conditions that may apply when you use the Products and Services, third party content or third party software. You must be at least eighteen (18) years of age, and you hereby represent and warrant that you are at least eighteen (18) years of age. If you are not, you must obtain and submit to 4Q prior parental/guardian written approval. These T&Cs and the relationship between you and 4Q shall be governed by the laws of the State of Arizona without regard to its conflict of law provisions. You and 4Q agree to submit to the personal and exclusive jurisdiction of the courts located within the Maricopa county of Arizona. The failure of 4Q to exercise or enforce any right or provision of these T&Cs shall not constitute a waiver of such right or provision. If any provision of these T&Cs is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these T&Cs remain in full force and effect.
