All content and functionality on the Site, including text, graphics, logos, icons, photographs, video clips, audio clips, interfaces, software, logos, subtitles, and names and the selection and arrangement thereof, (collectively, “Intellectual Property”) is the exclusive Intellectual Property of Quantibly or its licensors and is protected by the U.S. and international copyright laws, treaties, and conventions. All rights not expressly granted are reserved.
The trademarks, service marks, designs, and logos (collectively, the "Trademarks") displayed on the Site are the registered and unregistered Trademarks of Quantibly and its licensors. You agree that you will not refer to or attribute any information to Quantibly or its licensors in any public medium (e.g., press releases, Web sites) for advertising or promotion purposes, or for the purpose of informing or influencing any third party and that you will not use or reproduce any Trademark of, or imply any endorsement by or relationship with, Quantibly or its licensors.
Use of Site Content
Quantibly hereby grants you a non-exclusive, non-transferable license to view the content of the Site, but only while accessing the Site. You may not otherwise reproduce, modify, distribute, transmit, post, display, reverse engineer, transfer, sell or disclose the Site Content without Quantibly's prior written consent.
You acknowledge and agree that Quantibly shall own and have the unrestricted right to use, publish, and otherwise exploit any and all information that you post or otherwise publish on the Site in postings, survey responses, and otherwise, and you hereby waive any claims against Quantibly for any alleged or actual infringements of any rights of privacy or publicity, moral rights, or rights of attribution in connection with Quantibly's use and publication of such submissions. You covenant that you shall not post or otherwise publish on the Site any materials that (a) are threatening, libelous, defamatory, or obscene; (b) would constitute, or that encourage conduct that would constitute, a criminal offense, give rise to civil liability, or otherwise violate the law; (c) infringe the intellectual property, privacy, or other rights of any third parties; (d) contain a computer virus or other destructive element; (e) contain advertising; or (f) constitute or contain false or misleading statements. Quantibly does not and cannot review all information posted to the Site by users and is not responsible for such information. However, Quantibly reserves the right to refuse to post and the right to remove any information, in whole or in part, for any reason or for no reason.
Notices of Infringement and Takedown by Quantibly
Quantibly prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please write to Quantibly at the address shown below, giving a written statement that contains: (a) identification of the copyrighted work and/or intellectual property right claimed to have been infringed; (b) identification of the allegedly infringing material on the Site that is requested to be removed; (c) your name, address, and daytime telephone number, and an e-mail address if available; (d) a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and (f) the signature of the intellectual property right owner or someone authorized on the owner's behalf to assert infringement of the right. Quantibly will remove any posted submission that infringes the copyright or other intellectual property right of any person under U.S. law upon receipt of such a statement (or any statement in conformance with 17 U.S.C.§ 512(c)(3). U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions. Quantibly's contact for submission of notices under this Section 5 is firstname.lastname@example.org.
Third-Party Web Sites
We may provide links to third-party Web sites, including but not limited to analytics, and some of the content appearing to be on this Site is in fact supplied by third parties, for example, in instances of framing of third-party Web sites or incorporation through framesets of content supplied by third-party servers. Quantibly does not control these services and makes no representations regarding, and is not liable or responsible for the accuracy, completeness, timeliness, reliability, or availability of any such services. Any link from our website to a Third-Party website does not imply sponsorship, affiliation, or endorsement of the content on that Third-Party website or the operator or operations of that site. If you believe that Quantibly has provided a link to a site that contains infringing or illegal content or collecting information about you, we ask that you notify us so that we may evaluate whether in our sole discretion to disable such Third-Party websites and links.
Disclaimers and Limitations
The content and functionality on the Site are provided with the understanding that Quantibly is not herein engaged in rendering professional advice and services to you. All content and functionality on the Site are provided "as is," without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose. Quantibly and its third-party content providers make no warranties, express or implied, as to the ownership, accuracy, or adequacy of the site content. Quantibly shall have no liability or responsibility for any information published on linked websites, contained in any user submissions published on the site, or provided by third parties. neither Quantibly, nor its third-party content providers shall be liable for any indirect, incidental, consequential, or punitive damages or for lost revenues or profits, whether or not advised of the possibility of such damages or losses and regardless of the theory of liability.
By using the Site, you indemnify, defend, and hold harmless Quantibly and its agents and affiliates, and its officers, directors, and employees from and against any and all claims, actions, demands, liabilities, costs, and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of these Terms, or any warranty you provide herein, or otherwise arising in any way out of your use of the Site. Quantibly reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperation fully with Quantibly in asserting any available defenses.