1. TRADEMARK NOTICE
Qonstruction City, Qonstruction.City, Qonstruction City Records, Q.C, are trademarks of Qonstruction City. All other brand or product names may be trademarks or registered trademarks of their respective companies or organizations in the United States and/or other countries.
2. OWNERSHIP AND LICENSE
a. Ownership. All Content on the Site is (and shall continue to be) owned exclusively by Qonstruction City or Other Parties, and is protected under applicable copyrights, patents, trademarks, and/or other proprietary rights, and the copying, redistribution, use or publication by you of any such Content or any part of the Site is prohibited. Under no circumstances will you acquire any ownership rights or other interest in any Content by or through your Site Use.
b. License. Subject to the terms and conditions of this Agreement, and until termination of the Agreement, Qonstruction City grants you a non-exclusive, non-transferable, limited license to view or print the Content in this Site without alterations, for personal, non-commercial use only. This limited license does not apply to any media, site or platform other than that of the current Site.
3. SUBMISSIONS OF INFORMATION BY YOU
YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO ANY INFORMATION YOU SUBMIT TO Qonstruction City. Information you submit shall not be deemed confidential, but Qonstruction City agrees to use your Information in accordance with Qonstruction City’s Privacy Notice applicable to personally identifiable user data.
4. RESTRICTIONS ON USE
a. Prohibited Acts. Concerning your Site Use or any Content, you agree not to knowingly: (i) use any device, software or technique to interfere with or attempt to interfere with the proper working of the Site; (ii) post or transmit to the Site any unlawful, fraudulent, harassing, or obscene Information of any kind; (iii) post or send to the Site any Information that contains a virus, bug, or other harmful item; (iv) publish, perform, distribute, prepare derivative works, copy, reverse engineer, or use the Content (other than as expressly permitted herein); (v) post or transmit into or on the Site any Information in violation of another party’s copyright or intellectual property rights; (vi) take any action which imposes an unreasonable or disproportionately large load on the underlying infrastructure; (vii) redeliver any of the Content using “framing”, hyperlinks, or other technology without Qonstruction City’s express written permission; or, (viii) use any device or technology to provide repeated automated attempts to access password-protected portions of the Site.
b. Right to Regulate: You acknowledge that Qonstruction City has the right, but not the obligation, to monitor the Site and to disclose any Information necessary to operate the Site, to protect Qonstruction City, Other Parties, and Qonstruction City’s customers, and to comply with legal obligations or governmental requests. Qonstruction City reserves the right to refuse to post or to remove any Information on the Site, in whole or in part, for any reason.
c. Compliance with applicable Law: You agree to comply with all governmental laws, statutes, ordinances, and regulations (including unfair competition, anti-discrimination or false advertising) regarding your Site Use.
5. PROVISION OF SERVICES AND CONTENT
Qonstruction City reserves the right to limit the provision of any product or service to any person, geographic area or jurisdiction as it so desires, or as required by law. Qonstruction City in its sole discretion may add, delete or change the Content at any time, without notice to you.
6. LIMITED WARRANTY AND DISCLAIMER
a. DISCLAIMER OF WARRANTY. QONSTRUCTION CITY AND ALL 3rd PARTY CONTENT PROVIDERS MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE CONTENT HEREON. THIS SITE, AND ACCESS TO ANY CONNECTED SITE, IS PROVIDED TO YOU BY ALL CONTENT PROVIDERS “AS IS” AND “AS AVAILABLE”, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. YOU HEREBY DISCLAIM ALL WARRANTIES BY QONSTRUCTION CITY RELATING TO YOUR SITE USE. YOU ACKNOWLEDGE THAT YOUR ACCESS TO THE SITE WILL NOT BE FREE OF INTERRUPTIONS, THAT THE INFORMATION HEREIN MAY CONTAIN BUGS, ERRORS, TECHNICAL INACCURACIES, PROBLEMS OR OTHER LIMITATIONS, AND THAT THE SITE MAY BE UNAVAILABLE FROM TIME TO TIME. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR SITE USE AND SITE-RELATED SERVICES.
b. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WILL ANY OF THE CONTENT PROVIDERS BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE. You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
- Location and Interpretation. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party.
- Equitable Relief. You acknowledge that any breach by you of the provisions of the Agreement will cause irreparable damage to Qonstruction City or Other Parties and that a remedy at law will be inadequate. Therefore, in addition to any and all other legal or equitable remedies, Qonstruction City and Other Parties will be entitled to injunctive relief for any breach of this Agreement.
- Severability. In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
- Entirety of Agreement. This Agreement constitutes the entire agreement between you and Qonstruction City pertaining to the subject matter hereof. You agree to review this Agreement prior to any Site Use, and each Site Use by you shall constitute and be deemed your unconditional acceptance of this Agreement. This Agreement may be prospectively modified by Qonstruction City, by posting a revised Agreement on the Site.
- Termination. The Agreement may be terminated by either Party, at its sole and absolute discretion, at any time and for any reason (with or without cause), with or without notice. If the Agreement is terminated, you agree to cease all Site Use and, upon request by Qonstruction City, to return all Information in your possession relating to the Site, and all copies thereof.
- Survival of Certain Provisions. Any and all provisions or obligations contained in this Agreement which by their nature or effect are required or intended to be observed, kept or performed after termination of this Agreement will survive the termination of this Agreement and remain binding upon and for the benefit of the parties, their successors and permitted assignees.
- Waiver. No delay or omission to exercise any right or remedy accruing to Qonstruction City upon any breach or default by you shall constitute a waiver by Qonstruction City of any breach or default.
- Headings. All article or section headings are for reference and convenience only and shall not be considered in the interpretation of the Agreement.
- No Agency. You and Qonstruction City are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
- Conflicts. If this Agreement conflicts with a provision of any other contract between you and Qonstruction City relating to the Site, the provision in such other Agreement shall govern.
The following terms, when used in this Agreement, shall have the following meanings.
- Content: The term “Content” means all Information, data, documents or other material, in any form or media, contained in, obtained from, or relating to the Site, including all results obtained from the Site.
- Information: “Information” shall include all data, information, documents, files, personally-identifying information, and software disclosed by one party to the other in connection with the Site or your Site Use.
- Connected Site: A “Connected Site” means any internet site (including all information, data, and content thereon) that is linked to the Site, but not owned by Qonstruction City.
- Notice: The phrase “Notice” refers to the sending of Information by you to Qonstruction City via certified mail, return receipt requested, to Qonstruction City at the address provided herein.
- Other Parties: The terms “Other Parties” means Qonstruction City’s affiliates, licensors, partners, or other contributors to the Site (other than Qonstruction City).
- Site: The term “Site” means any Qonstruction City internet site, page (and all sub-pages), URL, domain, and all Information and Content thereon.
- Site Use: The term “Site Use” means your use of or access to the Site.