Terms of Use

The Quad (http://buquad.com) Terms of Use

1. INTRODUCTION AND ACCEPTANCE OF TERMS

This is a legal agreement between the Quad (“the website,” “the Quad,” “we,” or “us”), represented by GHS Communications, LLC, a Colorado limited liability company (“the company”), and you (“the user”) governing your use of the website and the associated services (“the services”) provided by the company.

Please read this Agreement carefully. By accessing the website, you agree to follow the terms and conditions set out in the following agreement. If you do not accept these terms, we do not grant you any license or rights to the use of the website and all associated services.

In addition to these Terms of Use, some of your rights are set forth in our Privacy Policy, which is made available here.

2. MODIFICATION OF TERMS

We reserve the right to modify, append, add to, amend or change Terms of Use at any time and for any reason. We will post a notice on the website when the Terms change, and will update this page with the date it was last modified. However, it is your responsibility to comply with updated Terms of Use.

3. DESCRIPTION OF ASSOCIATED SERVICES

As part of the website, we provide you, the user, with the ability to comment on and submit content to the website through the comments section at the end of each post, via e-mail to an official buquad.com e-mail address, via creative submission via e-mail, polls, contest forms, newsletter mailing lists, or any other method of contribution. Your use of these services is subject to the terms of agreement and any and all applicable laws in your country.

4. YOUR INTELLECTUAL PROPERTY

By participating in the above services or in any other way submitting content to the website, including but not limited to posting comments, videos, music, audio clips, or other multimedia to the website, or by creative submission sent via e-mail to the Quad, you grant the Quad a perpetual, non-exclusive, royalty free, fully paid, license to use, publish, display, distribute, modify, reproduce, and, with the exception of creative submissions unless otherwise agreed upon, make available for download and creative derivative works or your submissions, in any form electronic or not, at any point in time.

5. OUR INTELLECTUAL PROPERTY

The Quad provides articles, photographs, videos, music, audio clips and other multimedia content (“the content”) to be read by you, the user. This content is wholly owned by the Quad and/or the company and/or its contributors and/or its licensees unless otherwise noted. Without limiting the rights of others not associated with the Quad, the site’s content is distributed under the Creative Commons Attribution Non-Commercial No Derivatives 3.0 License (described here: http://creativecommons.org/licenses/by-nc-nd/3.0/).

This gives you, the user, the right to public and redistribute content for PERSONAL, NON-COMMERCIAL USE ONLY, and requires you to properly attribute the content to the Quad. You may not sell, offer for sale the content or use the content to generate money in any way, including but not limited to redistribution on another website, without the prior written consent of the Quad. Moreover, you may not modify, edit or alter any content without prior written consent of the Quad.

You must abide by all copyright notices, information, or restrictions posted to the website or contained in communication between you and the Quad.

6. USE OF THE WEBSITE AND SERVICES

As a condition of using the website and associated services, you agree not to use the website and its services for any purpose that is illegal in your country or prohibited by the agreement, or for any other purpose not reasonably intended by the Quad.

By accepting this agreement, you agree not to use the services for purposes including but not limited to:

  1. abusing, threatening, harassing, impersonating, intimidating, or in any other way intentionally attempting to do harm to any other person accessing the website;
  2. contributing any content that infringes on another person’s copyright, trademark, or any other legal intellectual property rights;
  3. contributing any content that is libelous or defamatory in nature;
  4. contributing any content that is abusive or violates the law or the rights of any third party;
  5. attempting any illegal or unauthorized activities. International users agree to comply with all applicable local laws in the use of the website;
  6. attempting to obtain the private information of any user of the website, including but not limited to official the Quad accounts, e-mail address passwords, or any other private information;
  7. creating, submitting, or trying to harvest information for the distribution of unwanted email or messages through any medium (“spam”) to any website or e-mail users of this or any other URL;
  8. violating any laws that apply to you (including but not limited to copyright, trademark, and any intellectual property laws);
  9. submitting links to any websites that participate in illicit activity, to affiliate programs, pyramid or multi-level marketing (“MLM”) schemes, sites/blogs that infringe on others’ copyright, or off-topic content;
  10. attempting to gain access to a Quad account;
  11. excepting RSS feed access, using a robot, spider or any other software to access the site for any purpose with the express written consent of the Quad;
  12. participating in schemes that attempt to influence search engine or rankings results.

You also agree not to take any action that would, by our sole determination, put a disproportionate or unreasonable load on our server, interfere with the proper working of the website, or bypass this agreement or any tools or measures we use or may use at any future time to protect or prevent access to the site.

7. TERMINATION OF SERVICE

Abusing these services as defined by the Terms of Use or by law constitutes a breach of this agreement, and we reserve the right to terminate your access to this website by blocking your e-mail address or IP address or any other method of detection for any reason, including but not limited to reports of abuse by third parties, at any time and for any duration of time without prior warning.

The provisions of this agreement will not change as a result of your termination, which includes the ownership of content, limited liability and agent agreements between you and the company.

You may report abuse by emailing abuse@buquad.com.

8. REPRESENTATION AND WARRANTIES

You represent and warrant that no content that you or anyone else using your identity submits will violate applicable laws or the rights of any third party, including but not limited to copyright, trademark, and all other intellectual property rights. You also represent and warrant that by contributing to the website you are over thirteen years old. You hereby agree to defend, indemnify, and hold harmless the company, the website, and all of its employees, affiliates, agents, representatives, officers, and partners against any and all claims of costs, liability, damages, losses, fees (including but not limited to attorneys’ fees and court costs) arising in connection to or out of claims of breach of this agreement by you or any other user of your account of these Terms of Service.

Moreover, by accessing the website you signify your understanding and agreement that the website is provided on an “as is” basis with no warranties of any kind, and you furthermore agree to release the company and the Quad of any liability for any complications, damages, costs incurred or fees incurred as a result of your use of the website. You hereby acknowledge that the use of this website is solely at your own individual risk.

9. COPYRIGHT

The Quad respects the intellectual property rights of others, but does not independently confirm that all content on the website is provided by a valid rights holder to set content. We may, upon becoming aware that content on the website has not been provided by a valid rights holder or otherwise infringes on any intellectual property rights, at our discretion terminate the publication of said content.

Pursuant to the Digital Millenium Copyright Act (“DCMA”), written notification of claimed copyright infringement must be submitted to our Designated Agent:

DCMA Complaint

GHS Communications, LLC

Attn: The Quad

2233 So. Jackson St.

Denver, CO 80210, USA

Telephone: 720-341-3447

E-mail: copyright@buquad.com

To be effective, the notification must include the following:

  1. A signature, physical or electronic, of the copyright holder or a person authorized to act on his/her behalf;
  2. identification of the copyrighted work claimed to be infringed or a list identifying multiple works, in the case of multiple infringements;
  3. identification of the content claimed to be infringing along with identification of the subject claimed to be infringed upon;
  4. correct contact information of the claimed subject of infringement;
  5. a statement that the complaining party has a good faith belief that their work has been used unfairly in violation of their rights;
  6. a statement that all information sent to the Quad is accurate, and that the complaining party, under penalty of perjury, is acting on behalf of the copyright holder who’s work has been allegedly infringed.

10. LIMITATION OF LIABILITY

Under no circumstances shall any GHS Communications, LLC employee, affiliate, official, licensee, partner, parent, director, successor, subsidiary, or their related companies be liable for any damages, indirect, special, incidental, consequential or exemplary in nature, (even if the company and the website has been advised of the possibility of said damages), arising out of, relating to or in any other way connected to the use of the website. YOUR SOLE METHOD OF DEALING WITH DISSATISFACTION WITH THE WEBSITE IS TO TERMINATE YOUR USE OF IT. The same limitation of liability shall apply to any links, products, or services associated with the website, including but not limited to third-party products and services. The same limitation of liability shall apply to any content, links, products, services, or submissions by any third party made available on the website.

In no event shall the cumulative liability directed towards a GHS Communications, LLC employee, affiliate, official, licensee, partner, parent, director, successor, subsidiary, or their related companies exceed the total greater payment of one hundred dollars ($100) during any 12-month period.

11. MISCELLANIOUS

No waiver of any breach of any part of this agreement by any person shall be deemed to be a waiver of any proceeding breach.

The section headings in this agreement are for convenience only, and cannot be used for any legal use.

You may not assign these Terms of Use, or any obligations, in part or in whole, without prior written consent from the Quad. Any such assignment without prior written consent on behalf of the Quad will be declared null and void. We reserve the right to apply this agreement to you without your consent and without notice.

These Terms of Use were last modified on October 4, 2009.