Terms of Use
1. GENERAL
- a) This site is part of the network of web sites created and operated
by Questex Media Group, Inc. (“QMG”), which are collectively referred to herein
as the “Site.” When you choose to use the web service(s) provided
on the Site (the “Services”), you are agreeing to all of the
terms and conditions of this Agreement between you and QMG.
- b) QMG shall have the right, at its discretion, to change, modify, add
or remove terms of this Agreement at any time without notice. While we will
endeavor to post such changes, nonetheless, changes shall be effective immediately.
- c) The Services are not intended for users under the age of 13, and QMG
does not knowingly collect personally identifiable information from users
under the age of 13. Such users are expressly prohibited from submitting
their personally identifiable information to us, and from using the Site’s
public areas. Any information submitted by such users will not knowingly
be used, posted, or retained by us.
- d) YOUR CONTINUED USE OF THE SITE AND THE SERVICES NOW, OR FOLLOWING THE
POSTING OF NOTICE OF ANY CHANGES IN THESE TERMS OF USE, WILL INDICATE YOUR
ACCEPTANCE THEREOF.
- e) QMG may change, suspend or discontinue any aspect of the Services at
any time, including the availability of any feature, database, or content.
QMG may also impose limits on certain features and Services or restrict your
access to parts or all of the Site or the Services provided without notice
or liability.
2. CONTENT; COPYRIGHTS; TRADEMARKS
- a) All of the information, content, services and software displayed on,
transmitted through, or used in connection with the Site, including advertising,
directories, guides, articles, opinions, reviews, text, photographs, images,
illustrations, audio clips, video, html, source and object code, software,
data, and all other matters related to the Site, and including the selection
and arrangement of the aforementioned and the “look and feel” of the Site (collectively,
the “Content”), are: Copyright © 2008 Questex Media Group,
Inc., 275 Grove Street, Suite 2-130, Newton, MA, U.S.A., or third-party content
providers, and are protected by U.S. and international copyright laws. All
rights reserved.
- b) All Content is protected by copyright, and owned or controlled by QMG
or the party credited as the provider of the Content. You shall abide by
all additional copyright notices, information, or restrictions contained
in any Content accessed through the Site. If you have any questions about
whether your Content is protected by copyright and the steps to take to secure
a registration of a copyright in your Content you should consult with an
attorney. To the extent that copyright protection exists in your Content,
you will retain ownership on such copyright when you submit Content to our
site, subject to certain licenses granted to us and/or parties who wish to
use your Content, as more particularly described herein.
- c) The Content made available on the Site or in connection with the Services
is intended for your personal, noncommercial use. You may use the Content
online and solely for your personal, non-commercial use, and you may download
or print a single copy of any portion of the Content for your personal, non-commercial
use, provided you do not remove any trademark, copyright or other notice
contained in such Content. Other than as expressly provided in this Agreement,
no other use is permitted.
- d) You may not modify, copy, frame, rearrange, distribute or redistribute,
reproduce, sell, publish, transmit, display or otherwise use any of the Content
or any part of the Site, or remove or alter advertising, whether or not for
payment or other consideration, without prior written permission from QMG.
e) In exchange for the access provided to the Content, you agree that you
will not remove, obstruct, modify or otherwise interfere with the delivery
or display of advertisements on the Site.
- f) The Content includes logotypes, trademarks and service marks owned
by QMG and by other information providers and third parties, none of which
may be used in any manner unless approved, in advance and in writing, by
QMG.
- g) Requests to use the Content for any purpose other than as permitted
in this Section 2 should be directed to the appropriate QMG publisher; if
you are unsure, please contact permissions@questex.com. If you believe that
your work has been copied in a way that constitutes copyright infringement
or are aware of any infringing material placed by any third party on the
Site, please contact us.
3. SUBMISSIONS AND USER-CREATED CONTENT
- a) You are solely responsible for the Content you submit to the Site.
- b) You represent, warrant and covenant that all Content you submit to
the Site (i) are owned or otherwise controlled by you, (ii) are accurate,
(iii) do not violate these Terms of Use, (iv) will not cause injury to any
person or entity, (v) will not violate, plagiarize, or infringe upon the
rights of any third party, including copyright, trademark, privacy or other
personal or proprietary rights; and (vi) do not contain libelous or otherwise
unlawful material.
- c) You acknowledge that any Content you submit may be edited, removed,
modified, published, transmitted, and displayed by QMG, in its discretion,
including those it deems abusive, defamatory, obscene, in violation of copyright
or trademark laws, or otherwise unacceptable, and you waive any moral rights
(as that term is understood in copyright law) you may have in having the
Content altered or changed in a manner not agreeable to you.
- d) By submitting Content to the Site, you hereby grant to QMG, its affiliates
and related entities the royalty-free, unrestricted, worldwide, perpetual,
irrevocable, non-exclusive and fully transferable, assignable and sublicensable
right and license to use, copy, exploit, modify, archive, store, reproduce,
adapt, publish, translate, create derivative works from, distribute, perform
and display all such Content in any form, media, software or technology of
any kind now existing or developed in the future. You further grant QMG the
right to use your name and any other information about you that you provide
in connection with the reproduction or distribution of such Content. All
rights in this paragraph are granted without the need for additional compensation
of any sort to you. such Content (in whole or part) and / or to incorporate
them in other works in any form, media, or technology now known or later
developed.
- e) Anything in this Section 3 to the contrary notwithstanding, all such
uses of the Content shall be attributable to you, unless you indicate in
writing at the time of posting the Content that you do not wish attribution.
You understand and agree that we shall not be liable in any way whatsoever
for the inadvertent failure to attribute Content to you or the failure of
any of our members to attribute Content to you.
- f) You understand and agree that others may use your Content and therefore
license all of our present and future site visitors and herby grant to such
site visitors an irrevocable, non-exclusive license to use such Content,
but only for their personal use. The limitations of such license are set
forth in the paragraph g) below.
- g) The Content posted by others on our web sites is intended solely for
your personal use. Accordingly, you may not use such Content in any form
for any commercial purpose whatsoever or reproduce such Content except as
specified below. In this regard, you may only make (a) one machine readable
copy, (b) on backup copy and (c) one print copy of the pages in the web sites.
You acknowledge and agree that all other copying, whether in electronic,
hard copy or other format, is prohibited and may breach intellectual property
laws and other laws worldwide. Furthermore, you acknowledge and agree that
you are not entitled to reproduce, transmit, publicly perform, distribute,
adapt, translate, modify, bundle, merge, share or make available to any person,
or create derivative works of such material, or use it for commercial purposes.
All other rights are reserved.
- h) Apart from those designated sections of our web sites that provide
for user submissions of Content, QMG, its affiliates and related entities
do not accept unsolicited materials or ideas for use or publication. QMG,
its affiliates and related entities shall not be responsible for the similarity
of any of its content or programming in any media to materials or ideas transmitted
to the Site.
4. INTERACTIVE AREAS; POSTING RULES
- a) The Site may contain bulletin boards and other such interactive areas,
which are provided to give users an interesting and stimulating forum to
express their opinions and share their ideas and information. Given the nature
of the Site and the volume of messages and postings, while we make every
effort to be aware of how the Site is being used, we cannot and do not monitor
all of the material posted or transmitted by users and third party information
providers. To protect your safety, please use your best judgment when using
these forums. We particularly discourage divulging personal phone numbers
and addresses or other information that can be used to identify or locate
you.
- b) We reserve the right, but not the obligation, to monitor all postings
and to remove or alter any Content which, in our sole and absolute discretion,
constitutes a misuse thereof these and may restrict, suspend or terminate
your use of the Services or our Site where we believe that there has been
such a misuse. Due to the global nature of the Internet, you hereby agree
to comply with any applicable rules regarding the export of any data from
any country. Without limiting this right, we have attempted to provide below
guidelines to those posting content on our Site. A violation of certain of
these posting rules may be referred to law enforcement authorities. When
using the Site, please do not post material that:
- i) contains vulgar, profane, abusive or hateful language, epithets
or slurs, text or illustrations in poor taste, inflammatory attacks of
a personal, racial or religious nature, or expressions of bigotry, racism,
discrimination or hate; or
- ii) is defamatory, threatening, disparaging, grossly inflammatory,
false, misleading, deceptive, fraudulent, inaccurate, unfair, contains
gross exaggeration or unsubstantiated claims, violates the privacy rights
of any third party, is unreasonably harmful or offensive to any individual
or community, contains any actionable statement, or tends to mislead
or reflect unfairly on any other person, business or entity; or
- iii) violates any right of QMG or any third party; or
- iv) discriminates on the grounds of race, religion, national origin,
gender, age, marital status, sexual orientation or disability, or refers
to such matters in any manner prohibited by law; or
- v) violates any municipal, state or federal law, rule, regulation
or ordinance, or attempts to encourage such an evasion or violation;
or
- vi) unfairly interferes with any third party’s uninterrupted
use and enjoyment of the Site; or
- vii) advertises, promotes or offers to trade any goods or services,
except in areas specifically designated for such purpose; or
- viii) uploads copyrighted or other proprietary material of any kind
on the Site without the express permission of the owner of that material;
or
- ix) uses or attempts to use another’s account, password, service
or system except as expressly permitted by the Terms of Use; or
- x) includes images, photos, articles or other content that constitutes,
promotes or encourages illegal acts, violation of any right of any individual
or entity, violation of any local, state, national or international law,
rule, guideline or regulation, or otherwise creates liability; or
- xi) uploads or transmits viruses or other harmful, disruptive or destructive
files; or
xii) disrupts, interferes with, or otherwise harms or violates the security
of the Site, or any Services, system resources, accounts, passwords,
servers or networks connected to or accessible through the Site or affiliated
or linked sites; or
- xiii) “flames” any individual or entity (e.g., sends repeated
messages related to another user and/or makes derogatory or offensive
comments about another individual), or repeats prior posting of the same
message under multiple threads or subjects.
- c) Any Content posted by you or others will be deemed not to be confidential
or secret. You understand that personal and other information (e.g., username,
e-mail address, phone number) that you post on our Site is generally accessible
to, and may be collected and used by others, and may result in unsolicited
messages or other contact from others. We shall not be liable for the use
or misuse of any information or data, including personal information that
is included in your posted Content.
- d) We are not responsible for maintaining your posted Content and we may
delete or destroy it at any time in our absolute and sole discretion with
no liability or obligation to you of any sort.
5. USE OF REGISTRATION DATA
- a) Certain areas of the Site may require registration or may otherwise
ask you to provide information to participate in certain features or access
certain Content. The decision to provide this information is purely optional,
however if you elect not to provide such information, you may not be able
to access certain Content or features or participate in various areas of
the Site. You may also provide information to the Site in other contexts,
including, for example, in order to register for QMG events, subscribe to
QMG publications, or to enter into a sweepstakes or promotion. When you use
or visit the Site or provide information to the Site in any other manner,
you agree to provide only true, accurate, current and complete information
on all registration pages.
- b) If you use or visit the Site, you agree to accept responsibility for
all activities that occur under your account or password. You are responsible
for maintaining the confidentiality of your password and for restricting
access to your computer so that others may not access the Site using your
name in whole or in part. QMG reserves the right to terminate the use by,
and deny access to the Site to any person who violates this Terms of Use.
- c) You agree that any registration data you provide may be shared by QMG
with select third party business partners, unless you state a preference
not to be contacted. QMG shall inform its partners if you state a preference
not to be contacted. However, QMG shall not be responsible or liable if a
partner contacts you, permits a third party to contact you, or provides or
discloses your registration data to any third party.
- d) You agree that QMG, its business partners, or their designees may disclose
registration data to third parties about you and information about your use
of the Site, provided that such disclosures do not include your name, mailing
address, email address, telephone or facsimile number, or account number,
unless: (i) you have registered to receive any third party products or services,
or have otherwise authorized such disclosure; or (ii) such disclosure is
required by law or legal process.
- e) This Agreement includes the terms and conditions of the QMG Privacy
Statement, and which is hereby incorporated by reference. In the event that
there exists any inconsistency between this Agreement and the Privacy
Statement,
the terms and conditions of the Privacy Statement shall take precedence.
6. USERNAME AND PASSWORD
In accessing and using various Site features, you may receive a password
and account designation upon completing the registration process. You are responsible
for maintaining the confidentiality of the password and account, and are fully
responsible for all activities that occur under your password or account. You
agree to (i) immediately notify QMG of any unauthorized use of your password
or account or any other breach of security, and (ii) ensure that you exit from
your account at the end of each session. QMG cannot and will not be liable
for any loss or damage arising from unauthorized use of your username and/or
password. Any fraudulent, abusive, or otherwise illegal activity may be grounds
for termination of your account, at QMG’s sole discretion, and QMG may
refer you to appropriate law enforcement agencies.
7. LINKS
- a) The Site may contain links to other related Internet sites, resources,
and our sponsors. Your dealings or communications through the Site with any
party other than QMG are solely between you and that third party. Under no
circumstances will the Site be liable for any goods, services, resources
or content available through such third party dealings or communications,
or for any harm related thereto. Please review carefully that third party’s policies and practices
and make sure you are comfortable with those policies and practices before
you engage in any transaction. Since we are not responsible for the availability
of these outside resources, or their contents, you should direct any complaints,
concerns or questions regarding any external link to such site’s administrator.
- b) If you operate a web site and wish to link to the Site, you may link
either to our home page, http://www.questex.com, or to any other page or
sub-domain of the Site. You may not frame or utilize framing techniques that
involve any trademark, logo, copyrighted material or other proprietary information
(including images, text, page layout, or form) of any portion of the Site
without our express written consent. You may not alter or modify in any way,
the Site, including using any software to suppress or alter the display of
advertising on the pages of the Site. In addition, you agree not to decompile,
reverse engineer or disassemble any software or other products or processes
accessible through the Site, not to insert any code or product or manipulate
the content of the Site in any way that affects the user’s experience,
and not to use any data mining, robots, cancelbots, Trojan horse, or any
data gathering or extraction method in connection with your use of the Site.
8. REPRESENTATIONS AND WARRANTIES
- a) You expressly agree that use of the Site and the Services is at your
own risk. Neither QMG, nor any of their affiliates, employees, agents, content
providers or licensors make any representations or warranties of any kind
regarding the Site or the Services, the Content or the results that may be
obtained from use of the Site.
- b) None of QMG, their affiliates, employees, agents, content providers
and licensors shall be liable for any damages or losses, including direct,
indirect, consequential, special, incidental or punitive damages, resulting
from or caused by the Site or its content, including losses related to your
use or inability to use the Services, any errors, omissions or defects in
the content, or any interruptions, delays in transmission or computer viruses.
- c) QMG is a distributor with regard to content supplied by third-party
suppliers and users and, as such, we have no more editorial control over
such content than a public library, bookstore or newsstand. Any opinions,
advice, statements, services, offers, or other information or content expressed
or made available by third parties, including information providers and users,
are those of the respective author(s) or distributor(s) and not of QMG. QMG
does not represent or endorse the accuracy or reliability of any advice,
opinion, statement, or other information displayed, uploaded, or distributed
on the Site by any user, information provider or any other person or entity.
You acknowledge that any reliance upon any such opinion, advice, statement,
memorandum, or information shall be at your sole risk.
9. FEES AND PAYMENTS
QMG reserves the right at any time to charge fees for access to portions
of the Site or particular Services offered. However, in no event will you be
charged for access to these Services unless we obtain your prior agreement
to pay such charges. All new fees, if any, will be posted appropriate locations
on the Site. You shall pay all fees and charges incurred through your account
at the rates in effect for the billing period in which such fees and charges
are incurred, including charges for any products or services offered for sale
through the Site by QMG or by any other vendor or service provider. All fees
and charges shall be billed to and paid for by you. You shall pay all applicable
taxes relating to use of the Service through your account.
10. SOFTWARE LICENSES
- a) With respect to the proprietary software and related documentation, or
any enhancements or modifications thereto, provided to you in order to access
the Site and the Services provided: (a) you shall have no rights to such software;
(b) you may not sublicense, assign or transfer any licenses granted by QMG,
and any attempt at such sublicense, assignment or transfer shall be null and
void; (c) you may make one copy of such software for archival purposes only;
and (d) you may not otherwise copy, distribute, modify, reverse engineer, or
create derivative works from such software.
- b) Any software that is made available to download from the Site is the
copyrighted work of QMG’ suppliers. Use of such software is governed
by the terms of the end-user license agreement, if any, which accompanies
or is included with such software. End users shall not install or use any
such software that is accompanied by or includes an end-user license agreement
unless the end user first agrees to the license agreement terms. Any such
software is not available to users in territories where its distribution
is prohibited by law.
11. INTERNATIONAL USERS
The Site is controlled, operated and administered by QMG from its offices
within the United States. QMG makes no representation that materials or Content
available through the Site are appropriate or available for use outside the
United States and access to them from territories where their contents are
illegal is prohibited. You may not use the Site or export the Content in violation
of U.S. export laws and regulations. If you access the Site from a location
outside the United States, you are responsible for compliance with all local
laws.
12. INDEMNITY/LIMITATIONS OF LIABILITY
- a) As a condition of use of the Site and the Services, you agree to indemnify,
defend and hold harmless QMG, and all officers, directors, owners, agents,
information providers, affiliates, licensors and licensees from and against
any and all claims, liability and costs, including attorneys’ reasonable
fees, arising from or relating to any allegation regarding (i) your use of
the Site and/or Services, (ii) QMG’s use or distribution of any content
or information you provide, (iii) information or material posted or transmitted
through your account, even if not posted by you, and (iv) any violation by
you of these Terms of Use.
- b) You shall cooperate as fully as reasonably required in the defense
of any such claim. QMG reserves the right, at its own expense, to assume
the exclusive defense and control of any matter subject to indemnification
by you.
- c) Under no circumstances, including negligence, shall QMG, or its affiliates
be liable for any direct, indirect, incidental, special or consequential
damages that result from the use of, or the inability to use, the Content,
unauthorized access to or alteration of your transmissions or data, the Content
or any errors or omissions in the Content, even if advised of the possibility
of such damages. You specifically acknowledge and agree that QMG is not liable
for any conduct of any user.
- d) If you are dissatisfied with any QMG material, or with any of QMG’s
terms and conditions, your sole and exclusive remedy is to discontinue using
the Site.
13. DISCLAIMER
ALL MATERIALS AND SERVICES IN THE SITE AND THIRD-PARTY SITES TO WHICH IT
LINKS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE CONTENT
PUBLISHED ON THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES
ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. QMG AND/OR ITS SUPPLIERS MAY
MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME, INCLUDING CHANGES
TO THESE TERMS OF USE. QMG AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS AND,
TO THE FULLEST EXTENT ALLOWED BY LAW, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
REGARDING THE SUITABILITY OF THE INFORMATION; THE ACCURACY, RELIABILITY, COMPLETENESS
OR TIMELINESS OF THE CONTENT, SERVICES, PRODUCTS, TEXT, GRAPHICS, LINKS, OR
OTHER ITEMS CONTAINED WITHIN THE SITE, OR THE RESULTS OBTAINED FROM ACCESSING
AND USING THE SITE AND/OR THE CONTENT CONTAINED HEREIN. QMG DOES NOT WARRANT
THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE,
THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, INCLUDING THE SERVER THAT
MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE USER
ASSUMES THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION
OF THE USER’S COMPUTER AND OTHER EQUIPMENT.
14. TERMINATION
- a) QMG may, in its sole discretion, terminate or suspend your access to
all or part of the Site or the Services offered for any reason, including
breach or assignment of this Agreement.
- b) Termination of this Agreement for any reason, will not affect survival
of those provisions of this Agreement for which survival is equitable or
appropriate.
15. MISCELLANEOUS
- a) This Agreement is accepted upon your use of the Site or any of the
Services. This Agreement constitutes the entire agreement between you and
the Site regarding the use of the Site and the Services and shall be deemed
to include all other notices, policies, disclaimers, and other terms contained
in the Site; provided, however, that in the event of a conflict between such
other terms and the terms of this Agreement, the terms of this Agreement
shall control.
- b) The failure of QMG to exercise or enforce any right or provision of
this Agreement shall not operate as a waiver of such right or provision.
The section titles in this Agreement are for convenience only and have no
legal or contractual effect. If any provision is deemed to be unlawful or
unenforceable, that shall not affect the validity and enforceability of the
remaining provisions.
- c) This Agreement has been made in and shall be construed and enforced
in accordance with Massachusetts law and operates to the fullest extent permissible
by law. Any action to enforce this Agreement shall be brought in the federal
or state courts located in the Commonwealth of Massachusetts.
- d) Official correspondence must be sent via postal mail to:
QUESTEX MEDIA GROUP
Attn: General Counsel
275 Grove Street, Suite 2-130
Newton, MA 02464
I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND
BY ALL OF ITS TERMS.
Service Contact
Contact webmaster@questex.com with questions or problems with the Site.
Any rights not expressly granted herein are reserved.
© 2008 Questex Media Group, Inc.
Revised and Posted As Of: December 14th, 2007