Terms of Use
These Terms and Conditions of Use (the "Terms of Use") apply to the QuotePuzzles.com web site located at www.quotepuzzles.com. The Site is the property of QuotePuzzles.com. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
QuotePuzzles.com reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. Any changes will be recorded in the Document History at the bottom of this page. As long as you comply with these Terms of Use, QuotePuzzles.com grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
Content
All text, graphics, user interfaces, visual interfaces, photographs,
trademarks, logos, sounds, music, artwork and computer code
(collectively, "Content"), including but not limited to the design,
structure, selection, coordination, expression, "look and feel" and
arrangement of such Content, contained on the Site is owned, controlled
or licensed by or to QuotePuzzles.com, and is protected by copyright,
patent and trademark laws, and various other intellectual property
rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of the Site
and no Content may be copied, reproduced, republished, uploaded,
posted, publicly displayed, encoded, translated, transmitted or
distributed in any way (including "mirroring") to any other computer,
server, Web site or other medium for publication or distribution or for
any commercial enterprise, without QuotePuzzles.com's express prior
written consent.
You may use "print and solve" puzzles and other puzzles designated as
"printable" purposely made available by QuotePuzzles.com for printing
from the Site, provided that you (1) not remove any copyright notice in
all copies of such documents, (2) use such information only for your
personal, non-commercial purpose or educational purpose and do not copy
or post such information on any networked computer or broadcast it in
any media, (3) make no modifications to any such information, and (4)
not make any additional representations or warranties relating to such
documents.
Your Use of the Site You may not use any "deep-link", "page-scrape",
"robot", "spider" or other automatic device, program, algorithm or
methodology, or any similar or equivalent manual process, to access,
acquire, copy or monitor any portion of the Site or any Content, or in
any way reproduce or circumvent the navigational structure or
presentation of the Site or any Content, to obtain or attempt to obtain
any materials, documents or information through any means not purposely
made available through the Site. Specifically you may not copy the
Javascript, HTML, and CSS coding, nor copy or attempt to reverse
engineer the interactive applets. QuotePuzzles.com reserves the
right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or
feature of the Site, or any other systems or networks connected to the
Site or to any QuotePuzzles.com server, or to any of the services
offered on or through the Site, by hacking, password "mining" or any
other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any
network connected to the Site, nor breach the security or
authentication measures on the Site or any network connected to the
Site. You may not reverse look-up, trace or seek to trace any
information on any user of or visitor to the Site, or any other
customer of QuotePuzzles.com, including any QuotePuzzles.com account
not owned by you, to its source, or exploit the Site or any service or
information made available or offered by or through the Site, in any
way where the purpose is to reveal any information, including but not
limited to personal identification or information, or puzzle
information or solutions, as provided for by the Site.
You agree that you will not take any action that imposes an
unreasonable or disproportionately large load on the infrastructure of
the Site or QuotePuzzles.com's systems or networks, or any systems or
networks connected to the Site or to QuotePuzzles.com.
You agree not to use any device, software or routine to interfere or
attempt to interfere with the proper working of the Site or any
transaction being conducted on the Site, or with any other person's use
of the Site.
You may not forge headers or otherwise manipulate identifiers in order
to disguise the origin of any message or transmittal you send to
QuotePuzzles.com on or through the Site or any service offered on or
through the Site. You may not pretend that you are, or that you
represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is
unlawful or prohibited by these Terms of Use, or to solicit the
performance of any illegal activity or other activity which infringes
the rights of QuotePuzzles.com or others.
QuotePuzzles.com may make changes to any products or services offered
on the Site, or to the applicable prices for any such products or
services, at any time, without notice. The materials on the Site with
respect to products and services may be out of date, and
QuotePuzzles.com makes no commitment to update the materials on the
Site with respect to such products and services.
Accounts, Passwords and Security Certain features or services offered
on or through the Site may require you to open an account (including
setting up an username and password). You are entirely responsible for
maintaining the confidentiality of your account information, including
your password, and for any and all activity that occurs under your
account. You agree to notify QuotePuzzles.com immediately of any
unauthorized use of your account or password, or any other breach of
security. However, you may be held liable for losses incurred by
QuotePuzzles.com or any other user of or visitor to the Site due to
someone else using your username, password or account.
You may not use anyone else's username, password or account at any time
without the express permission and consent of the holder of that
username, password or account. QuotePuzzles.com cannot and will not be
liable for any loss or damage arising from your failure to comply with
these obligations.
Puzzle Submission
Any puzzle you create on the site or submit to the site becomes the property of QuotePuzzles.com.We reserve editorial right to delete any puzzle whose content is not consistent with the goals or policies of QuotePuzzles.com; including but not limited to content that is rude, offensive, or profane.
Privacy
QuotePuzzles.com's Privacy Policy applies to use of this Site, and
its terms are made a part of these Terms of Use by this reference.
Links to Other Sites.
This Site may
contain links to other independent third-party Web sites ("Linked
Sites"). These Linked Sites are provided solely as a convenience to our
visitors. Such Linked Sites are not under QuotePuzzles.com's control,
and QuotePuzzles.com is not responsible for and does not endorse the
content of such Linked Sites, including any information or materials
contained on such Linked Sites. You will need to make your own
independent judgment regarding your interaction with these Linked
Sites.
Disclaimers
QuotePuzzles.com DOES NOT PROMISE THAT THE SITE OR ANY CONTENT,
SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR
THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL
PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN
"AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE
IS SUBJECT TO CHANGE WITHOUT NOTICE. QuotePuzzles.com CANNOT GUARANTEE
THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF
VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. QuotePuzzles.com
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES
OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. QuotePuzzles.com DISCLAIMS ANY AND ALL LIABILITY
FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION
WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY QuotePuzzles.com
SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND
ANY LINKED SITES. YOUR SOLE REMEDY AGAINST QuotePuzzles.com FOR
DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE
OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN
BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries
caused by any failure of performance, error, omission, interruption,
deletion, defect, delay in operation or transmission, computer virus,
communication line failure, theft or destruction of or unauthorized
access to, alteration of, or use, whether for breach of contract, tort,
negligence or any other cause of action.
QuotePuzzles.com reserves the right to do any of the following, at any
time, without notice: (1) to modify, suspend or terminate operation of
or access to the Site, or any portion of the Site, for any reason; (2)
to modify or change the Site, or any portion of the Site, and any
applicable policies or terms; and (3) to interrupt the operation of the
Site, or any portion of the Site, as necessary to perform routine or
non-routine maintenance, error correction, or other changes.
Limitation of Liability
Except where prohibited by law, in no event will QuotePuzzles.com be
liable to you for any indirect, consequential, exemplary, incidental or
punitive damages, including lost profits, even if QuotePuzzles.com has
been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms of Use,
QuotePuzzles.com is found to be liable to you for any damage or loss
which arises out of or is in any way connected with your use of the
Site or any Content, QuotePuzzles.com's liability shall in no event
exceed the greater of (1) the total of any subscription or similar fees
with respect to any service or feature of or on the Site paid in the
six months prior to the date of the initial claim made against
QuotePuzzles.com (but not including the purchase price for any
QuotePuzzles.com hardware or software products or any support program),
or (2) US$25.00. Some jurisdictions do not allow limitations of
liability, so the foregoing limitation may not apply to you.
Indemnity
You agree to indemnify and hold QuotePuzzles.com, and its employees,
harmless from any demands, loss, liability, claims or expenses
(including attorneys' fees), made against QuotePuzzles.com by any third
party due to or arising out of or in connection with your use of the
Site.
Violation of These Terms of Use
QuotePuzzles.com may disclose any information we have about you if we
determine that such disclosure is necessary in connection with any
investigation or complaint regarding your use of the Site, or to
identify, contact or bring legal action against someone who may be
causing injury to or interference with (either intentionally or
unintentionally) QuotePuzzles.com's rights or property, or the rights
or property of visitors to or users of the Site, including
QuotePuzzles.com's customers. QuotePuzzles.com reserves the right at
all times to disclose any information that QuotePuzzles.com deems
necessary to comply with any applicable law, regulation, legal process
or governmental request. QuotePuzzles.com also may disclose your
information when QuotePuzzles.com determines that applicable law
requires or permits such disclosure, including exchanging information
with other companies and organizations for fraud protection purposes.
You acknowledge and agree that QuotePuzzles.com may preserve any
transmittal or communication by you with QuotePuzzles.com through the
Site or any service offered on or through the Site, and may also
disclose such data if required to do so by law or QuotePuzzles.com
determines that such preservation or disclosure is reasonably necessary
to (1) comply with legal process, (2) enforce these Terms of Use, (3)
respond to claims that any such data violates the rights of others, or
(4) protect the rights, property or personal safety of
QuotePuzzles.com, its employees, users of or visitors to the Site, and
the public.
You agree that QuotePuzzles.com may, in its sole discretion and without
prior notice, terminate your access to the Site and/or block your
future access to the Site if we determine that you have violated these
Terms of Use or other agreements or guidelines which may be associated
with your use of the Site. You also agree that any violation by you of
these Terms of Use will constitute an unlawful and unfair business
practice, and will cause irreparable harm to QuotePuzzles.com, for
which monetary damages would be inadequate, and you consent to
QuotePuzzles.com obtaining any injunctive or equitable relief that
QuotePuzzles.com deems necessary or appropriate in such circumstances.
These remedies are in addition to any other remedies QuotePuzzles.com
may have at law or in equity.
You agree that QuotePuzzles.com may, in its sole discretion and without
prior notice, terminate your access to the Site, for cause, which
includes (but is not limited to) (1) requests by law enforcement or
other government agencies, (2) a request by you (self-initiated account
deletions), (3) discontinuance or material modification of the Site or
any service offered on or through the Site, or (4) unexpected technical
issues or problems.
If QuotePuzzles.com does take any legal action against you as a result
of your violation of these Terms of Use, QuotePuzzles.com will be
entitled to recover from you, and you agree to pay, all reasonable
attorneys' fees and costs of such action, in addition to any other
relief granted to QuotePuzzles.com. You agree that QuotePuzzles.com
will not be liable to you or to any third party for termination of your
access to the Site as a result of any violation of these Terms of Use.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the
Site, including all disputes, will be governed by the laws of the
United States and by the laws of the State of California without regard
to its conflicts of laws provisions. You agree to the personal
jurisdiction by and venue in the state and federal courts in San Luis
Obispo, California, and waive any objection to such jurisdiction or
venue. Any claim under these Terms of Use must be brought within one
(1) year after the cause of action arises, or such claim or cause of
action is barred. No recovery may be sought or received for damages
other than out-of-pocket expenses, except that the prevailing party
will be entitled to costs and attorneys' fees. In the event of any
controversy or dispute between QuotePuzzles.com and you arising out of
or in connection with your use of the Site, the parties shall attempt,
promptly and in good faith, to resolve any such dispute. If we are
unable to resolve any such dispute within a reasonable time (not to
exceed thirty (30) days), then either party may submit such controversy
or dispute to mediation. If the dispute cannot be resolved through
mediation, then the parties shall be free to pursue any right or remedy
available to them under applicable law.
Void Where Prohibited
QuotePuzzles.com administers and operates the www.QuotePuzzles.com Site
from its location in San Luis Obispo, California USA; Although
the Site is accessible worldwide, not all features, products or
services discussed, referenced, provided or offered through or on the
Site are available to all persons or in all geographic locations, or
appropriate or available for use outside the United States.
QuotePuzzles.com reserves the right to limit, in its sole discretion,
the provision and quantity of any feature, product or service to any
person or geographic area. Any offer for any feature, product or
service made on the Site is void where prohibited. If you choose to
access the Site from outside the United States, you do so on your own
initiative and you are solely responsible for complying with applicable
local laws.
Miscellaneous
You may not use or export or re-export any Content or any copy or
adaptation of such Content, or any product or service offered on the
Site, in violation of any applicable laws or regulations, including
without limitation United States export laws and regulations.
If any of the provisions of these Terms of Use are held by a court or
other tribunal of competent jurisdiction to be void or unenforceable,
such provisions shall be limited or eliminated to the minimum extent
necessary and replaced with a valid provision that best embodies the
intent of these Terms of Use, so that these Terms of Use shall remain
in full force and effect. These Terms of Use constitute the entire
agreement between you and QuotePuzzles.com with regard to your use of
the Site, and any and all other written or oral agreements or
understandings previously existing between you and QuotePuzzles.com
with respect to such use are hereby superseded and cancelled.
QuotePuzzles.com will not accept any counter-offers to these Terms of
Use, and all such offers are hereby categorically rejected.
QuotePuzzles.com's failure to insist on or enforce strict performance
of these Terms of Use shall not be construed as a waiver by
QuotePuzzles.com of any provision or any right it has to enforce these
Terms of Use, nor shall any course of conduct between QuotePuzzles.com
and you or any other party be deemed to modify any provision of these
Terms of Use. These Terms of Use shall not be interpreted or construed
to confer any rights or remedies on any third parties.
QuotePuzzles.com provides access to QuotePuzzles.com international data
and, therefore, may contain references or cross references to
QuotePuzzles.com products, programs and services that are not announced
in your country. Such reference does not imply that QuotePuzzles.com in
your country intends to announce such products, programs or services.
Feedback and Information
Any feedback you provide at this site shall be deemed to be
non-confidential. QuotePuzzles.com shall be free to use such
information on an unrestricted basis.
The information contained in this web site is subject to change without
notice.
Document History
1/14/2007 Initial Release