Terms of Service
Last Modified March 21, 2013
- INTRODUCTION AND ACCEPTANCE OF TERMS
This and any other websites owned and operated by Quantum Marketing ('QM', 'We', 'Us', or 'Our') including the website at http://www.thepromocard.com and other websites under common control, including, but not limited to the Quantum Marketing website at http://www.intheq.com. QM provides its Sites to you subject to the following Terms Of Service (the 'Terms'). The following agreement outlines your obligations when using the Sites, the various content, features, and Services offered on and in connection with the Sites, and our rewards programs (collectively, the 'Services'). By using the Sites and Services, you agree to be bound by the Terms and all applicable laws.
If you do not agree to these terms, you must not use our Site or Services. QM may, in its sole discretion, modify the Terms without notice to you. Therefore, please continue to review the Terms when using the Sites and Services. By continuing to access and use the Sites and Services after the Terms have been modified, you are agreeing to such modifications. You are responsible for reviewing and becoming familiar with any such modifications. Use of the Sites and Services by you following such notification constitutes your acceptance of the Terms of Service as modified. In addition, when using particular services or features, or when ordering products on the Sites, you shall be subject to any posted guidelines or rules applicable to such services, features, products or orders that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms.
- THIRD PARTIES AND THEIR WEBSITES
Third parties may link or otherwise direct Internet users to our Sites and Services for the purpose of utilizing one or more of the services We provide on behalf of others. Additionally, We may provide links or otherwise direct you to third parry websites. QM does not control or operate any such third-party websites. Any information you provide to these third-party websites while on these third-party websites is subject to the respective third-party's polices, and not QM's policies. It is your responsibility to review such third party policies, including any relevant privacy policies. You agree that QM will not be responsible or liable for, and does not endorse any content, advertising, goods or services provided on or through these outside websites or for your use or inability to use such websites. QM does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give to any third-party sites. You use these third party websites at your own risk.
Without limiting the foregoing, your correspondence or business dealings with, consumption of products or services of, or participation in promotions of, third-parties found on or through the use of the Sites and Services, including payment for and delivery or fulfillment of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree that QM shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third-parties on the QM Sites.
- USER CONDUCT
- attempt to hide or otherwise conceal your identity or location by entering fictitious or misleading information including but not limited to your name, email address and physical address.
- attempt to conceal your location or identity by utilizing a program or service to obtain an inaccurate or fraudulent IP address or by using multiple IP addresses or email addresses to use the Sites and Services.
- transmit any content or information that is unlawful, harmful, harassing, threatening, abusive, hateful, libelous, defamatory, obscene, pornographic, profane, vulgar, indecent, sexually explicit or otherwise objectionable, or that would constitute a criminal offense, give rise to civil liability, violate any third party's rights of privacy or publicity, infringe Our or any third party's intellectual property or other rights or otherwise violate any applicable law or right.
- use any 'deep-link', 'scraper', 'robot', 'spider', offline reader, site search/retrieval application or other automatic device, program, algorithm or methodology, or any similar or equivalent automatic or manual process, to retrieve, index, data mine, access, acquire, copy, or monitor any portion of the Sites and Services, or in any way reproduce or circumvent the navigational structure or presentation of the Sites and Services or any content to obtain or attempt to obtain any content, materials, documents or information through any means not purposely made available through the Sites and Services;
- attempt to gain unauthorized access to any portion or feature of the Sites and Services, or any other systems or networks connected to the Sites and Services or to any server used by Quantum Marketing, by hacking, password 'mining' or any other illegitimate or unauthorized means;
- probe, scan or test the vulnerability of the Sites and Services or any network connected to the Sites and Services, nor breach the security or authentication measures on or of the Sites and Services or any network connected to the Sites and Services. You may not reverse look-up, trace or seek to trace any information on any other user of the Sites and Services, or any other customer of QM, including any QM account not owned by you, to its source, or exploit the Sites and Services or any service or information made available or offered by or through the Sites and Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information other than your own information, except as expressly authorized by QM and provided for by the Sites and Services;
- not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or QM's systems or networks, or any systems or networks connected to the Sites and Services or to QM;
- use any device, software, or routine to interfere or attempt to interfere with the proper working of the Sites and Services or any transaction being conducted on or as part of the Sites and Services, or with any other person's use of the Sites and Services;
- attempt to impersonate or falsely represent any other individual or entity;
- attempt to use the Sites and Services for any illegal or unauthorized purpose. If you are an international user; you agree to comply with all local laws regarding your conduct;
- attempt to obtain password, account, or any other personal or private information from any other Sites and Services user; or
- sell, share, or otherwise transfer your account username, password, or other information.
- PROMOTION PROGRAMS, PRIVACY, OTHER TERMS OF SERVICE
Additional terms of service may apply to the provision of services, rewards programs, or to specific portions or features of the Sites and Services, including, but not limited to, promotional cards, contests, promotions, rewards programs, the redemption of promotional codes or of movie, music or other downloadable rewards, gift or rewards cards, or other similar rewards and features, all of which terms are made a part of these Terms by this reference. You agree to abide by such other terms of service, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms and the terms posted for, or applicable to, a specific portion of the Sites and Services, the latter terms shall control with respect to that part of the Sites and Services.
QM's obligations, if any, with regard to the Sites and Services are governed solely by the agreements pursuant to which they are provided and nothing otherwise stated on or in connection with the Sites and Services should be construed to alter such agreements.
QM may make changes to the Sites and Services, or to the applicable prices or conditions for any such services, at any time, without notice. The materials or content on or in connection with the Sites and Services may be out of date, and QM makes no commitment to update the materials or content on or in connection with the Sites and Services.
The following terms also govern and apply to your use of the Sites and Services, and they are incorporated herein by this reference:
(ii) Promotion Specific Terms and Conditions posted on the site.
- PURCHASES AND REDEMPTIONS
You agree that all purchases and promo card redemptions made by you through the Sites and Services cannot be exchanged and are non-refundable where applicable. You may not be able to use promo cards if you do not agree to the Terms or follow our policies. Purchase and redemption of promo cards, may also be subject to further terms and conditions as identified throughout the Sites and Services.
- WARRANTY DISCLAIMERS
You acknowledge that QM has no control over, and no duty to take any action regarding: which users gain access to or use the Sites and Services; what effects the content on or in connection with the Sites and Services may have on you; how you may interpret or use the content on or in connection with the Sites and Services; or what actions you may take as a result of having been exposed to the content on or in connection with the Sites and Services. You release QM from all liability for you having acquired or not acquired content or information through the Sites and Services. The Sites and Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. QM makes no representations concerning any content contained in or accessed through the Sites and Services, and QM will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites and Services. QM makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.
YOU ACCESS AND USE THE SITES AND SERVICES AT YOUR OWN RISK. THE SITES AND SERVICES ARE PROVIDED ON AN 'AS IS, AS AVAILABLE' BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER QM NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON OR IN CONNECTION WITH THE SITES AND SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF QM, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO, OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. WE ARE NOT LIABLE FOR CRIMINAL, TORTUOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THE SITES AND SERVICES. IN NO EVENT WILL QM OR ANY OF ITS DIRECTORS, OFFICERS, AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTUOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL QM OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITES AND SERVICES.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM QM OR THROUGH OR FROM THE SITES AND/OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, QM DOES NOT REPRESENT OR WARRANT THAT (i) THE SITES AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SITES AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES AND/OR SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, QM'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
QM SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND QM HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
- LIMITATION OF LIABILITY
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, IN NO EVENT SHALL QM OR ITS SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (i) WITH RESPECT TO THE SITES AND SERVICES, YOUR USE OR INABILITY TO USE THE SITES AND SERVICES, THE SERVICES OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITES OR IN CONNECTION WITH THE SERVICES; OR (iv) ANY OTHER MATTER RELATING TO THE SITES OR SERVICES. OR v) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100 U.S. DOLLARS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
- COPYRIGHTS AND COPYRIGHT AGENT
QM respects the intellectual property of others, and We ask you to do the same. If you believe that your work has been copied on the Sites and/or Services in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide QM's Copyright Agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a detailed description of the copyrighted work or other intellectual property that you claim has been infringed;
- a detailed description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright/intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. QM's agent for notice of claims of copyright or other intellectual property infringement is as follows:
c/o Quantum Marketing
12305 S. New Avenue, Suite H
Lemont, IL 60439
Email address: firstname.lastname@example.org
Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.
Unless otherwise specified, the Sites and Services are presented solely for the purpose of promoting products available in the United States and Canada and its provinces, territories and possessions. QM makes no representation that the Sites and Services are appropriate or available for use in other locations. Those who choose to access the Sites from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
QM does not intend the Sites and Services to be used by individuals under the age of 18 without the supervision of a parent or guardian 18 years of age or older. QM relies upon parents or guardians 18 years of age or older to determine if the Sites and Services are appropriate for the viewing, access, or participation by such individuals under the age of 18. If an individual under the age of 18 uses the Sites and Services, such individual may only use the Sites and Services under the supervision of a parent or guardian 18 years of age or older.
YOUR ACCOUNT OBLIGATIONS
By providing the requisite information and establishing a Site account ('Site Account'), you will be able to access and utilize certain services and receive information from Us not available to others. If you establish a Site Account, you are responsible for maintaining the confidentiality of your Site Account and any login information and password that may be established. By establishing a Site Account, you agree to accept responsibility for all activities that occur at the Site under and through your Site Account. QM reserves the right, in its sole discretion, to refuse service or terminate your Site Account at any time and for any reason.
You agree to (a) immediately notify Us of any unauthorized use of your password or account or any other breach of security and (b) ensure that you exit from your account each time you use the Service. Access and use of password protected and/or secure areas of the Service is restricted to users who have been given access authorized by Us. Unauthorized individuals attempting to access these areas of the Service may be subject to prosecution.
When establishing a Site Account, you shall provide QM with accurate, complete, and updated information. Failure to do so shall constitute a breach of the Terms, which may result in immediate termination of your Site Account. You may not select or use as a username a name (i) of another person with the intent to impersonate or harass another person or entity; (ii) that is fictitious to commit fraud; (ii) subject to any rights of a person other than you without appropriate authorization; (iv) suggests a false association between you and QM, or (v) that is otherwise offensive, vulgar or obscene. QM reserves the right to refuse registration of, or cancel any username in its discretion.
CONTENT OWNERSHIP, INTELLECTUAL PROPERTY, AND USAGE RIGHTS
We shall retain all worldwide rights in the intellectual property of the Sites and Services, including, but not limited to, trademarks, the 'look and feel' of the Sites and Services, its color combinations, layout, and all other graphical elements, and the copyright in and to its original content. You should assume that everything you read or see on or in connection with the Sites and Services is protected by copyright or otherwise protected and owned by QM, or a third party who licensed the right to use such content to QM. Unless otherwise expressly noted, nothing that you read or see on the Sites and Services, or any of the source code or HTML code that QM uses to generate the Sites and Services may be copied, reproduced, modified, distributed, transmitted, republished, displayed, or performed for commercial use without the prior written consent of QM. QM logos, graphics, designs, page headers, button icons, scripts, the QM trademarks, and other service names are the trademarks and trade names of QM. Quantum Marketing's trademarks and trade names may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.
In the event that QM provides users with any venues to submit opinions, reviews, ratings, information, ideas, suggestions, concepts, videos, audio content, or other material (collectively, 'Submissions') on the Sites or Services (collectively, 'Venues', and including, but not limited to, 'Wish List' pages, bulletin boards, chat rooms, surveys or invitations to e-mail QM with questions or comments), you agree and warrant that any such Submissions are original with you and are accurate and current. You agree and warrant that you will not submit any Submission that is unlawful, harmful, harassing, threatening, abusive, hateful, libelous, defamatory, obscene, pornographic, profane, vulgar, indecent, sexually explicit or otherwise objectionable, or that would constitute a criminal offense, give rise to civil liability, violate any third party's rights of privacy or publicity or otherwise violate any applicable law or right. You agree and warrant that you will not submit any Submission that is protected by copyright, patent, trade secret, or other proprietary rights without obtaining permission of the owner of such rights. You agree and warrant that the Venues will not be used by you for any commercial purposes. You agree and warrant that you will not submit any Submission to solicit funds or to promote, advertise, or solicit the sale of any goods or services. You further agree that all 'moral rights' that you may have in any submitted content have been voluntarily waived by you.
You agree that any Submissions submitted by you to the Sites through the Venues or otherwise will be deemed non-proprietary and non-confidential, and may be used by QM without restriction. Without limiting the foregoing, by offering any Submissions through the Sites, you grant to QM the worldwide, perpetual, royalty-free, irrevocable, nonexclusive right and license to reproduce, modify, edit, publish, display, perform, adapt, distribute, sublicense and otherwise use and exploit such Submissions (and any and all proprietary rights therein that you may have) in any and all forms and media, now or hereafter discovered, without compensation or attribution to you.
QM reserves the right, in our sole discretion, to edit any Submission, and to choose to include or not include such Submission in any Venue for any reason. We are not responsible for screening, monitoring or verifying any Submissions (subject to the 'Copyrights and Copyright Agent' paragraph above). Any opinions, statements or other material expressed or posted by third parties are those of such third parties and not of QM. QM does not endorse, and shall not be responsible or liable for, any such opinion, statement or other material posted on or accessible through the Venues.
LINKING AND FRAMING TO THE SITES
QM grants you a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of the Site so long as the link does not portray QM or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of QM's logos or other proprietary graphics or trademarks as part of the link without express written permission. 'Framing' or 'mirroring' the Site or any of its content is prohibited without the prior written consent of QM.
Users are prohibited from violating or attempting to violate the security of the Sites and Services. We will investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators.
In QM's sole and absolute discretion, We may terminate or suspend your Site Account or your use and access to any or all portions of the Sites and Services immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms. Upon termination of your Site Account, your right to use certain portions of the Site Account will immediately cease. All provisions of the Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability, and retention of information to prevent, detect, or mitigate fraud.
We may remove or disable access any content, services, or other materials on or in connection with the Sites and Services and suspend or ban your Site Account at any time for any reason (including, but not limited to, upon receipt of information related to fraud prevention, detection, or mitigation and claims or allegations from third parties or authorities relating to your use of the Sites and Services), or for no reason at all. If your account has been terminated for security reasons such as suspected fraud, certain information (for example, fictitious or misleading names, email addresses, physical addresses, and/or inaccurate or fraudulent IP addresses) may be maintained, used, and shared post-termination with Our service providers by Us for security reasons including but not limited to fraud prevention, detection, and mitigation. To report violations of the Terms, please email email@example.com.
You are solely responsible for your interactions with other users of the Sites and Services. QM reserves the right, but has no obligation, to monitor disputes between you and other users.
By use of the Sites and Services, you consent to receive electronic communications from QM (via email or via a posting on the Sites), and you agree that any such communications satisfy any legal requirement to make such communications in writing.
If you have any comments or questions regarding these Terms, or wish to report any violation of these Terms of Service, please contact Us at firstname.lastname@example.org. We will address any issue to the best of our abilities.