0. Introduction. Your Agreement to these Terms of Use. Welcome to 101qs.com (owned and operated by dy/industries, inc) content management and collaboration platform consisting of web sites, services, software applications and networks that allows for the authorized download and distribution of digital content over the internet.
PLEASE READ CAREFULLY THE FOLLOWING TERMS OF USE. BY REGISTERING FOR, ACCESSING, BROWSING, DOWNLOADING FROM OR USING 101qs, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS (COLLECTIVELY, THE "TERMS"). IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF 101qs.
1. Eligibility. 101qs is not available to persons under the age of 13 or to any users previously suspended or removed from 101qs. BY DOWNLOADING, INSTALLING OR OTHERWISE USING THE 101QS, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM 101QS.
2. Modification of these Terms. 101qs reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms and any Guidelines periodically for changes. Your continued use of the 101qs after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms, such amended terms will automatically be effective thirty days after they are initially posted on 101qs.
3. Grant to Upload / Download. Subject to your compliance with the terms and conditions set out in this Terms of Use, 101qs hereby grants to you a personal, limited, non-exclusive, non-transferable, freely revocable license to use 101qs for the uploading / downloading and distributing authorized digital content, including electronic documents ("User Content").
4. Reservation of Rights. 101qs reserves all rights not expressly granted in this Terms of Use.
5. User Content License Grant. The default license for all User Content is Creative Commons : Attribution Only 3.0.
6. User Content Representations and Warranties. You are solely responsible for your User Content and the consequences of posting or publishing them. By uploading and publishing your User Content, you affirm, represent, and warrant that:
(1) you are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize 101qs and 101qs's Users to use your User Content as necessary to exercise the licenses granted by you in this section and in the manner contemplated by 101qs and this Terms of Use;
(2) your User Content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, or libel any other person; and
(3) your User Content does not contain any viruses, adware, spyware, worms, or other malicious code.
7. User Content Disclaimer. You understand that when using 101qs you will be exposed to User Content from a variety of sources, and that 101qs is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that are inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against 101qs with respect thereto. 101qs does not endorse any User Content or any opinion, recommendation or advice expressed therein, and 101qs expressly disclaims any and all liability in connection with User Content. If notified by a User or a content owner of User Content that allegedly does not conform to this Terms of Use, 101qs may investigate the allegation and determine in its sole discretion whether to remove the User Content, which it reserves the right to do at any time and without notice. For clarity, 101qs does not permit copyright infringing activities on 101qs.
8. Prohibited Conduct. BY USING 101QS YOU AGREE NOT TO:
8.1 post, upload, or distribute any defamatory, libelous, or inaccurate User Content or other content;
8.2 post, upload, or distribute any User Content or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, invasive of another's privacy, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
8.3 impersonate any person or entity, falsely claim an affiliation with any person or entity, or access 101qs accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via 101qs, or perform any other similar fraudulent activity;
8.4 make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of 101qs. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
8.5 use 101qs for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
8.6 defame, harass, abuse, threaten or defraud Users of 101qs, or collect, or attempt to collect, personal information about Users or third parties without their consent;
8.7 use 101qs if you are under the age of thirteen (13) years old;
8.8 remove, circumvent, disable, damage or otherwise interfere with security-related features of 101qs or User Content, features that prevent or restrict use or copying of any content accessible through 101qs, or features that enforce limitations on the use of 101qs or User Content;
8.9 intentionally interfere with or damage operation of 101qs or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
9. Account. When you use 101qs to upload and/or download content or any products, services, or information from 101qs, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to 101qs on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then you agree to immediately notify 101qs. You may be liable for the losses incurred by 101qs or others due to any unauthorized use of your 101qs Platform account.
10. Termination. Terms of Use Violations.
10.1 101qs. You agree that 101qs, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) you may have with 101qs or your use of 101qs and remove and discard all or any part of your account, User profile, and any User Content, at any time. 101qs may also in its sole discretion and at any time discontinue providing access to 101qs, or any part thereof, with or without notice. You agree that any termination of your access to 101qs or any account you may have or portion thereof may be effected without prior notice, and you agree that 101qs will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies 101qs may have at law or in equity. As discussed herein, 101qs does not permit copyright infringing activities on 101qs, and will terminate access to 101qs, and remove all User Content or other content submitted by any Users who are found to be repeat infringers.
10.2 You. Your only remedy with respect to any dissatisfaction with (i) 101qs, (ii) any term of this Terms of Use, (iii) any policy or practice of 101qs in operating 101qs, or (iv) any content or information transmitted through 101qs, is to terminate this Terms of Use and your account. You may terminate this Terms of Use at any time by discontinuing use of any and all parts of 101qs.
10.3 User Content. Subject to section 7.3 above, upon termination of this agreement by you or 101qs, 101qs will discontinue prospective hosting and distribution of your User Content.
11. Indemnification. You agree to indemnify, save, and hold 101qs, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of 101qs, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. 101qs reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify 101qs, and you agree to cooperate with 101qs's defense of these claims. 101qs will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
12. Disclaimers; No Warranties.
12.1 No warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, 101qs, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 101QS OR THROUGH 101QS WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEGE THAT AS USED IN THIS SECTION 14, THE TERM 101qs INCLUDES 101qs'S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.
12.2 "As is" and "As available" and "With All Faults". YOU EXPRESSLY AGREE THAT THE USE OF 101QS IS AT YOUR SOLE RISK. 101QS AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, CONTENT (INCLUDING COMMERCIAL CONTENT), REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH 101QS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
12.3 Platform Operation and User Content. 101QS, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, CONTENT (INCLUDING COMMERCIAL CONTENT), FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH 101qs OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
12.4 Accuracy. 101QS, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF 101QS OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
12.5 Harm to Your Computer. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH 101QS OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
12.6 Uploaded Content. THE SECURITY MEASURES USED TO PROTECT USER CONTENT USED BY 101QS HEREIN ARE USED IN CONJUNCTION WITH THE USER CONTENT 'AS-IS' AND WITH NO ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.
13. Limitation of Liability and Damages.
13.1 Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL 101QS OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS (INCLUDING USER CONTENT AND COMMERCIAL CONTENT) ON 101QS OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH 101QS, EVEN IF 101QSOR AN 101QS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13.2 Limitation of Damages. IN NO EVENT WILL 101QS OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF 101QS OR YOUR INTERACTION WITH OTHER 101QS PLATFORM USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING 101QS DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
13.3 Reference Sites. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN 101QS AND RECEIVED THROUGH OR ADVERTISED ON 101QS OR RECEIVED THROUGH ANY REFERENCE SITES.
13.4 Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT 101QS HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND 101QS, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND 101QS. 101QS WOULD NOT BE ABLE TO PROVIDE 101QS TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
13.5 Limitations by Applicable Law. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IS SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS TERMS OF USE APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.
14. United States Export Controls You agree to comply with all export laws and restrictions and regulations of the United States Department of Commerce or other United States or other sovereign agency or authority, and not to export, or allow the export or re-export of any software, technical data or any direct product thereof in violation of any such restrictions, laws or regulations, or unless and until all required licenses and authorizations are obtained with respect to the countries specified in the applicable United States Export Administration Regulations (or any successor supplement or regulations). The transfer of certain technical data and commodities may require a license from an agency of the United States government and/or written assurances by you that you will not export such software, technical data or commodities to certain foreign countries without prior approval of such agency. Your rights under this Terms of Use are contingent on your compliance with this provision.
15. Miscellaneous.
15.1 Notice. 101qs may provide you with notices, including those regarding changes to 101qs's terms and conditions by email or postings on 101qs. Notice will be deemed given twenty-four hours after email is sent, unless 101qs is notified that the email address is invalid. Notice posted on 101qs is deemed given 30 days following the initial posting.
15.2 Waiver. The failure of 101qs to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by 101qs.
15.3 Governing Law. These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.
15.4 Jurisdiction. You agree that any action at law or in equity arising out of or relating to these Terms or 101qs will be filed only in the state or federal courts in and for Santa Clara County, California, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
15.5 Severability. If any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
15.6 Assignment. These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by 101qs without restriction. Any assignment attempted to be made in violation of this Terms of Use shall be void.
15.7 Survival. Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, sections 5, 6.5, and 7-17.
15.8 Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
15.9 Entire Agreement. This is the entire agreement between you and 101qs relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by 101qs as set forth in section 2 above.
15.10 Claims. YOU AND 101QS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO 101QS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Notification of Infringement
It is our policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. In addition, we will promptly terminate without notice the accounts of those determined by us to be "repeat infringers". If you are a copyright owner or an agent thereof, and you believe that any content hosted on our web site (101qs.com) infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing 101qs's Designated Copyright Agent with the following information in writing (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) to confirm these requirements):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the 101qs web site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit 101qs to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
Information reasonably sufficient to permit 101qs to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Please note that 101qs may, at our discretion, send a copy of such notices to a third-party for publication. As such, your letter (with personal information removed) may be forwarded to Chilling Effects ( http://www.chillingeffects.org ) for publication.
Counter-Notification
If you elect to send us a counter notice, to be effective it must be a written communication that includes the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):
A physical or electronic signature of the subscriber.
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which 101qs may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
Designated Copyright Agent
101qs's Designated Copyright Agent to receive notifications and counter-notifications of claimed infringement can be reached by email at copyright@101qs.com. For clarity, only DMCA notices should go to the 101qs Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to 101qs customer service through support@101qs.com. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.