Terms of Use & License Agreement 2016-10-17T20:02:28+00:00

 
The following Terms of Use and License Agreement (the “Terms”) govern all use of any part of Quantic Foundry, LLC’s applications, content, activities, and services (the “Services”) which are made available by us via our web site at quanticfoundry.com (the “Site”) or through other communication platforms, including third party social networking websites or your mobile phone.

The effective date of the Terms is June 1st, 2015. This version of the Terms replaces and supersedes any prior terms of use applicable to the Site or the related Services located at quanticfoundry.com.

This Site is owned by Quantic Foundry, LLC (“Quantic Foundry,” “we,” “us”, and “our,” as applicable). Quantic Foundry provides this Site and related services to you (the “user”, “you”, and “your”, as applicable), the user of this Site, only for your personal use and subject to your acceptance of and compliance with these Terms. Please read the Terms contained herein carefully before using this Site and/or the Services associated therewith. Your use of this Site and the associated Services confirms your unconditional acceptance of these Terms. If you do not accept these Terms, do not access and/or use this Site or the related Services. Your access and/or use of this Site or the related Services signifies your agreement that you have read and agree to all of the Terms.

The Terms are subject to modification at any time. Such modification shall be effective immediately upon posting on the Site. Your continued access or use of the Site or the related Services after such modifications have become effective shall be deemed to be your conclusive acceptance of the modified Terms.

The Site

  1. The Site, located at quanticfoundry.com, is owned by and is being provided to you by Quantic Foundry. Quantic Foundry may elect, in its sole discretion, to change, edit, or discontinue the Site and the related Services at any time, without any notice. Unless otherwise noted, all non-submitted content included on this Site, including images, illustrations, designs, icons, photographs, video clips, text and other material, is the property of Quantic Foundry or its suppliers, licensors, talent, partners or affiliates and is protected by United States and international copyright laws. Any and all non-user submitted content on this Site is either the property of Quantic Foundry or is used by us with the permission of its owner. The compilation of this Site is the exclusive property of Quantic Foundry and is protected by United States and international copyright laws. You agree that you will not take any actions inconsistent with Quantic Foundry’s ownership of the Site and its content.

Privacy Information

  1. By using or accessing the Site and/or the related Services, contacting us through the Site, creating a user account, and/or making submissions to the Site, you consent to our collection and use of personal information as discussed in our Privacy Policy, which is hereby incorporated into these Terms. A copy of the Privacy Policy can be accessed here: http://quanticfoundry.com/privacy-policy.

General Use and License

  1. You may not use this Site or the related Services if you are under the age of 13. The Site and its related Services are intended only for use by those who are 18 years of age or older and of the age of majority in the jurisdiction in which they reside. If you are between the ages of 13 and 17, or under the age of majority where you live, you represent that your parent or legal guardian has reviewed and agreed to these terms. If you are a parent or legal guardian, you agree that you will monitor and supervise the use of this Site and its related Services by minors and others under your care, and you agree to be responsible for their use of this Site. Any use of this Site by anyone under the age of 13, or by persons not of the age of majority in the jurisdiction in which they reside and without parental consent, can result in immediate termination of your use of this Site and/or any affiliated services.
  2. Subject to your acceptance and ongoing compliance with these Terms, Quantic Foundry grants you a personal, non-exclusive, non-transferrable and limited license to access and/or use this Site and related Services, provided that all uses must be for personal and entertainment purposes only. Nothing in these Terms grants you any rights to any related documentation, support, upgrades, maintenance or other enhancements to the Site. This license does not include any rights not specifically enumerated herein. You agree to use the Site and the related Services only for lawful purposes and in accordance with the terms and conditions contained herein.   This license is at Quantic Foundry’s sole discretion and can be terminated by us at any time, for any reason, or for no reason.
  3. This Site and/or the related Services may provide you with the ability to use certain “profile tools” that compile and analyze information you provide to Quantic Foundry, including information provided through voluntary surveys. Such profile tools may generate reports related to your specific gaming characteristics, including a customized results page on the Site that may summarize your specific gaming characteristics according to the information you provide. At your direction, these results may be posted on Facebook or any other third-party social networking sites we may affiliate with the Site.
  4. This Site and the related Services, including all profile tools offered on this Site, are for entertainment purposes only, and are not intended to be a substitute for mental health advice or diagnosis from a mental health professional. This Site and the related Services do not provide psychological, medical, healthcare, career, or relationship advice, or any other professional advice of any kind. You take full responsibility for any decisions made or actions taken based on content provided by this Site and/or the related Services.
  5. Without altering the scope of the license, and except as expressly provided for in these Terms, this license does not include the right (a) to modify, adapt, translate, copy, reproduce, imitate, distribute, publish or resell the Site or any of the content on the Site, including but not limited to the trademarks and copyrights of Quantic Foundry or its affiliates, or to make derivative use of the Site or its contents; (b) to download or copy any account information that is not your own for your own use or for the benefit of another party; (c) to bypass any technical measures used to prevent or restrict access to any portion of the Site; (d) to reverse engineer, decompile or disassemble the Site, or to convert into human readable form any of the contents of this Site not intended to be so read, including but not limited to using or directly viewing the underlying code for the Site except as interpreted and displayed in a web browser; (e) to use any data mining, robots, or similar automated data gathering and extraction tools to access the Site; (f) to interfere with, violate or attempt to interfere with or violate the security or proper working of the Site, (g) to alter or modify, or attempt to modify, any part of the Site; or (h) to attempt to gain unauthorized access to any portion of the Site or any systems or networks connected to the Site through hacking, cracking, mining, phishing or any other means.

Your Responsibility

  1. You assume all responsibility for your use of, or access to, this Site and the related Services, including your access to any Quantic Foundry documents, graphics, text or other items obtained from this Site.
  2. The Site may offer features that allow you to, among other things, submit, store, manipulate, and distribute content selected or procured by you. You represent and agree that such content and any use by you of features that allow for the transmission, posting or sharing of such content shall be your sole responsibility, shall not infringe or violate the intellectual property or other rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, defamatory, objectionable or in poor taste, and that you have obtained all necessary rights, licenses or clearances necessary to engage in such activities.
  3. You agree not to use or access the Site and its related Services while operating any form of transportation device including, but not limited to, motor vehicles, self-powered vehicles, bicycles, construction equipment, airplanes, and helicopters. You further agree that Quantic Foundry bears no responsibility for any accidents, harm, or injury that may occur from a violation of this provision of these Terms.
  4. You must provide at your own expense the hardware, computer, equipment, internet access, or wireless connection necessary to access and use this Site and the related Services.

Your Account

  1. Before you can make use of certain services associated with the Site, you must register with the Site and create a user account. You agree and warrant that all information you provide to us through this Site, including but not limited to any contact information, registration information and payment information for your account, is truthful and accurate. You further agree to maintain the accuracy of your account information and to inform us promptly of any changes to your account information, including but not limited to any changes to your email address.
  2. You agree to accept responsibility for all activities that occur under your account. You agree not to disclose your account password to others, and you agree to notify us immediately of any unauthorized use of your account. We are neither responsible for nor liable for any loss or other injury that you may incur as a result of someone else using your user account or password, either with or without your knowledge.
  3. By creating an account with the Site, you consent to receive communications from us electronically via the email address associated with your account. Although you can opt not to receive promotional messages, we retain the right to send you informational email messages about your account or administrative notices regarding the Site, as permitted under the CAN-SPAM Act (15 U.S.C. §7701 et seq.).
  4. You are expressly prohibited from selling, trading, or transferring your account (including but not limited to, selling, trading or transferring emails associated with such account).

Submission of Content and User Activity

  1. From time to time, we may make available on this Site services, features or sections that allow users to post or upload materials to the Site or to our servers. You understand that all information, communications, data, text, software, music, sound, photographs, graphics, videos, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Quantic Foundry, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Site or any associated services.
  2. You represent and warrant that you own or otherwise control all the rights to any Content that you upload, transmit or otherwise make available through the Site; that use of the Content you provide does not violate the intellectual property rights or any other rights of any third parties, and that use of the Content you provide will not cause injury to any person or entity. In line with, and without limiting, the foregoing, you specifically agree that you will not (a) provide any Content that is unlawful (according to local, state, federal or international law) or any Content that advocates illegal activity; (b) provide any Content that is defamatory, false or libelous, or that contains unlawful, harmful, threatening, harassing, discriminatory, abusive, profane, pornographic or obscene material; (c) provide any Content that you do not have a right to provide under law or under a contractual or fiduciary relationship; (d) provide any Content that contains software viruses or other harmful devices; or (e) impersonate any other person or entity or forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content you provide. You agree that you will indemnify Quantic Foundry or its affiliates for all claims resulting from or related to Content you post or submit.
  3. You grant the following license with respect to any and all Content you post or submit to this Site: you hereby expressly grant to Quantic Foundry a royalty-free, perpetual, non-exclusive, irrevocable right and license to use, reproduce, adapt, modify, publish, edit, translate, perform, transmit, sell, exploit, sublicense or otherwise distribute and display the Content and any ideas, concepts, know-how or techniques contained therein for any reason and in any manner it chooses, alone or as a part of other works, in any form, medium or technology now known or later developed, without restriction and without compensation of any kind to you, and you waive all moral rights in all such Content. For informational purposes, we note that the uses to which we may put the information or Content you provide include, but are not limited to, reproduction and use in any and all media whether now known or hereafter devised; publication of the Content or a derivative thereof for promotional, marketing and advertising purposes, and use in the development and manufacture of products.
  4. You understand that by using the Site and the related Services, you may be exposed to Content and non-user Content that is offensive, indecent or objectionable. Under no circumstances will Quantic Foundry be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Site.
  5. The opinions expressed in postings or other Content or non-user Content on this Site are not necessarily those of Quantic Foundry or its content providers, advertisers, sponsors, affiliated or related entities. We make no representations or warranties regarding any information or opinions posted to or otherwise included on or transmitted through the Site or the related Services. We do not represent or guarantee the truthfulness, accuracy, or reliability of any Content or non-user Content or determine whether the Content or non-user Content violates the rights of others. You acknowledge that any reliance on material posted by other users will be at your own risk.
  6. We are not obligated to regularly review, monitor, delete or edit the Content or non-user Content of the Site as submitted by users. However, we reserve the right to do so at any time in its sole discretion, for any reason or no reason, and to edit or delete any posting or submission, in whole or in part, with or without notice. We are not responsible or liable for damages of any kind arising from any Content or non-user Content, or from our alteration or deletion of any Content or non-user Content, even when we are advised of the possibility of such damages.
  7. You acknowledge, consent and agree that Quantic Foundry may access, preserve and disclose your account information and any Content you submit if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Quantic Foundry, their affiliates, their personnel, other users and the public.

Disclaimer

  1. THIS SITE, THE RELATED SERVICES, AND THE INFORMATION CONTAINED THEREIN ARE PROVIDED BY QUANTIC FOUNDRY ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. WE MAKE NO GUARANTEE THAT THE INFORMATION ON THIS SITE IS UP-TO-DATE, ACCURATE, OR COMPLETE, AND YOU SHOULD NOT RELY ON IT FOR ANY DECISION OR TO TAKE ANY ACTION. WE HEREBY DISCLAIM ANY WARRANTY THAT THE INFORMATION ON THIS SITE WILL BE FREE OF INTERRUPTION, OR THAT THE SITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES. Changes are periodically made to the information herein; these changes will be incorporated in new editions of the Site.
  2. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT QUANTIC FOUNDRY SHALL NOT BE LIABLE FOR ANY INDIVIDUAL CONTENT OR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THE RELATED SERVICES AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
  3. YOU ACKNOWLEDGE AND AGREE THAT QUANTIC FOUNDRY IS NOT RESPONSIBLE FOR ANY CONTACT OR INTERACTION BETWEEN YOU AND ANY OTHER USER OF THE SITE OR ITS RELATED SERVICES AND THAT YOU BEAR THE SOLE RISK OF TRANSMITTING THROUGH THE SITE ANY CONTENT, INCLUDING INFORMATION WHICH IDENTIFIES YOU OR YOUR LOCATION.

Waiver and Indemnity

  1. BY USING THE SITE AND/OR THE RELATED SERVICES, YOU AGREE TO INDEMNIFY AND HOLD QUANTIC FOUNDRY, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THESE TERMS, YOUR USE OF THE SITE OR THE RELATED SERVICES, YOUR INDIVIDUAL CONTENT OR ANY ACTION TAKEN BY QUANTIC FOUNDRY AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION BY YOU OF THESE TERMS.

Digital Millennium Copyright Act Notice

  1. Quantic Foundry intends to fully comply with the requirements of the Digital Millennium Copyright Act (DMCA), which provides a procedure for users to notify a service provider about intellectual property infringement by third parties. If you, in good faith, believe that any images or content on the Site infringes upon your copyrights, you may submit a notification pursuant to the DMCA by providing our designated agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further details):
    • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
    • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
    • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address;
    • A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    • A statement that the information in the notification is accurate, and that under penalty of perjury, you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Quantic Foundry’s designated agent to receive notifications of claimed infringement is:
    Nicolas Ducheneaut
    701 Pierino Ave
    Sunnyvale, CA 94086
    Tel: 408-736-3752
    Email: webmaster@quanticfoundry.com

    Only DMCA notices should go to Quantic Foundry’s designated agent. Any other feedback, comments, requests for support and other such communications should be directed to Quantic Foundry’s customer service through the Site.
  3. You acknowledge that if you fail to comply with the requirements of this Section, your DMCA notice may not be valid.

Third Party Services

  1. The Site may facilitate your use of third party services not provided by Quantic Foundry on a third party website. These third-party websites and applications are provided solely as a convenience to you. Such third-party websites and applications are not under Quantic Foundry’s control, and Quantic Foundry is not responsible for and does not endorse the content of those sites, including any information or materials contained on those sites. If you decide to access these third-party websites and applications, you do so at your own risk.
  2. Quantic Foundry shall not be a party to any contract entered into by you, the user, and any third party as a result of contact with the websites and/or applications linked from this Site. Quantic Foundry does not in any way guarantee the performance of any third party under any contract. You hereby release Quantic Foundry and its affiliates from any damages that you incur, and agree not to assert any claims against Quantic Foundry, arising from your use of these third-party products or services, or the breach of any third-party contract.

Site Promotions and Transactions

  1. We are not responsible for typographical or other errors or omissions regarding products, services prices or other information provided on this Site. All product and/or service sales and promotions are subject to these Terms, in addition to any other terms that may apply. Promotional offers and prices are available for a limited time as specified on the Site. Prices, promotions and availability are subject to change without prior notice.

Termination

  1. This license is effective until terminated. This license automatically terminates if you fail to comply with these Terms. You acknowledge that your use of this Site and the related Services is at our sole discretion, and your license to use the Site and the related Services may be terminated by us at any time, for any reason or for no reason. We reserve the right, in our sole discretion, to refuse service, to block or prevent future access to and use of this Site and the related Services, to terminate any user’s account, and to alter or delete any material submitted to the Site through the user’s account. Following termination of this license, these Terms shall still apply to the extent practicable.

Copyrights and Trademarks

  1. The Site and its contents are intended for your personal use. The Site contains copyrighted material, which may include, without limitation, text, software, photos, audio and video clips, graphics, illustrations, images, logos, music and sound. You may not modify, distribute, display, reverse engineer, perform, reproduce, create derivative works from or in any way exploit any of the Site content.
  2. All logos and trademarks used in connection with the Site are trademarks of Quantic Foundry in the United States and/or other countries.
  3. The Site also contains third party trademarks and copyrighted works used in connection with the Site, including but not limited to, logos, graphics, trademarks, services marks, illustrations, images, music and sound. This third party intellectual property is property of their respective owners and is protected by U.S. and international intellectual property laws.
  4. You are granted no right or license with respect to any of the aforementioned trademarks, copyrighted materials, or other protected material, and the use of the copyrighted, trademarked, and otherwise protected material on the Site by you, or anyone else authorized by you, is strictly prohibited.

Governing Law

  1. Any disputes arising out of or related to the use of the Site, the related Services, or these Terms will be governed by the laws of the State of California, regardless of conflict of law provisions.

Entire Agreement

  1. These Terms represent the entire agreement between Quantic Foundry and you with respect to use of the Site and the related Services.

Electronic Signatures and Contracts; Sufficient Legal Age

  1. Your access and/or use of the Site and/or the related Services includes the ability to enter into agreements electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY THESE TERMS. YOU REPRESENT THAT YOU ARE OF A SUFFICIENTLY LEGAL AGE NECESSARY TO LEGALLY ENTER INTO AND BE BOUND BY LEGAL AGREEMENTS FORMED THROUGH THE SITE. IF YOU ARE UNDER THE AGE OF 18, USE OF THE SITE SHOULD ONLY OCCUR WITH THE INVOLVEMENT OF YOUR PARENT OR GUARDIAN.

General Information

  1. These Terms represent the entire understanding between the parties regarding your use of the Site and/or the related Services, and supersedes all other agreements, express or implied, between them. These Terms shall not be modified except as provided for herein or except in writing, signed by an authorized representative of Quantic Foundry. If any provision of the Terms are determined to be invalid or unenforceable for any reason whatsoever, the remainder of the Terms shall be enforced to the extent possible, and the offending provision shall be treated as though not a part of these Terms. Quantic Foundry’s failure to act with respect to a breach of these Terms by you or others does not constitute a waiver of its rights with respect to that breach or any subsequent breach, nor shall it constitute a waiver of any other rights under these Terms.
  2. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
  3. Any rights not expressly granted herein are reserved.

Contact Information

If you have any questions or suggestions regarding these Terms, please contact us at:

Quantic Foundry, LLC
701 Pierino Avenue
Sunnyvale, CA 94086
Email: team@quanticfoundry.com