Last Modified: Nov 25, 2014
PLEASE READ THIS DOCUMENT CAREFULLY. Quanta Research Institute ("QRI," "we," or "us") offers an online video processing platform through its website located at videscope.qrilab.com (the "QRI Service"). By registering as a member or by using the QRI Service in any way, you accept these Terms of Service ("Agreement"), which forms a binding agreement between you and QRI. If you do not wish to be bound by this Agreement, do not use the QRI Service.
1. License to Use the QRI Service
QRI grants you a limited, non-exclusive license to access and use the QRI Service for your own personal purposes. This license is personal to you and may not be assigned or sublicensed to anyone else. Except as expressly permitted by QRI in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the QRI Service. Nor will you take any measures to interfere with or damage the QRI Service. All rights not expressly granted by QRI are reserved.
2. Content Restrictions
You may not upload, post, or transmit (collectively, "submit") any video, image, or other work (collectively, "content") that:
• Infringes any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.). It is your responsibility to verify that a work uploaded by you is either an original work (which you own the right) or is in the public domain;
• Contains sexually explicit content or pornography;
• Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
• Exploits minors;
• Depicts unlawful acts or extreme violence;
• Depicts animal cruelty or extreme violence towards animals; or
• Violates any law.
3. Licenses Granted by You
As between you and QRI, you own content that you submit to the QRI Service. By submitting content, you grant QRI and its parent a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, prepare derivative works of, and display content in connection with the QRI Service and businesses of QRI and its parent.
The above licenses will continue unless and until you notify QRI in writing, in which case the licenses will terminate within a commercially reasonable period of time.
4. Your Representations and Warranties
For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to QRI and grant the licenses set forth above; (ii) QRI will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.
You will indemnify, defend, and hold harmless QRI and its parent, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on the QRI Service; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to QRI violates any law or infringes any third party right, including any intellectual property or privacy right.
6. Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
• 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 at a single online 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 the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
• A statement that you have 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; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
QRI reserves the right to modify the QRI Service. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the QRI Service. QRI has no obligation to screen or monitor any content and does not guarantee that any content available on the QRI Service complies with this Agreement or is suitable for all users.
QRI provides the QRI Service on an "as is" and "as available" basis. You therefore use the QRI Service at your own risk. QRI expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, QRI makes no representations or warranties:
• That the QRI Service will be permitted in your jurisdiction;
• That the QRI Service will be uninterrupted or error-free;
• Concerning any content submitted by any member;
• That any content you submit will be made available on the QRI Service or will be stored by QRI; or
• That the QRI Service will meet your business or professional needs;
• That QRI will continue to support any particular feature of the QRI Service;
• Concerning sites and resources outside of the QRI Service, even if linked to from the QRI Service.
To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the QRI Service, and no warranties shall apply after such period.
9. Limitation of Liability
IN NO EVENT SHALL QRI AND ITS PARENT, THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES GENERATED BY QRI SERVICES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
10. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
11. General Provisions
GOVERNING LAW: This Agreement shall be governed by the laws of the State of Massachusetts, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.
DISPUTES: Any action arising out of or relating to this Agreement or your use of the QRI Service must be commenced in the state or federal courts located in Massachusetts, United States of America (and you consent to the jurisdiction of those courts). In any such action, QRI and you irrevocably waive any right to a trial by jury.
MODIFICATIONS: This Agreement may not be modified except by a revised Terms of Service posted by QRI on its website or a written amendment signed by an authorized representative of QRI. A revised Terms of Service will be effective as of the date it is posted on QRI's website.
NTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by QRI in exercising any right hereunder will waive any further exercise of that right. QRI's rights and remedies hereunder are cumulative and not exclusive.
SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without QRI's prior written consent. No third party shall have any rights hereunder.
NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from QRI electronically. QRI may provide all such communications by email or by posting them on the QRI Service. For support-related inquiries, you may send an email to firstname.lastname@example.org. You may send notices of a legal nature to QRI at email@example.com or the following address:
Attn: Legal Affairs
Quanta Research Institute
211 Wen Hwa 2nd Rd, Kueishan
Taoyuan 33377, Taiwan
Nothing herein shall limit QRI's right to object to subpoenas, claims, or other demands.