TERMS OF DESKTOP WALLPAPER USE
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All works featured on qat.com are subject to some form of usage restrictions. By agreeing to the terms of use for this site, you acknowledge that you are also liable for the usage restrictions and legal obligations applicable to the individual products and content you purchase, license, or otherwise download from this site.
Updated: October 24, 2007
Your Acceptance of this Legally Binding Agreement
IMPORTANT: BY USING OR ACCESSING THE QAT.COM WEB SITE AND THE INFORMATION, MATERIAL, PRODUCTS OR SERVICES PROVIDED THEREIN BY QA TECHNOLOGIES INCORPORATED (“QAT”), YOU AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
If you do not agree with the terms and conditions of this Agreement, do not use or access the qat.com web site or information, material, products or services provided therein. This Agreement is between you (“You”) and QAT and is effective as at the date of your first use or access of the qat.com web site.
You further agree that QAT may change, alter, amend or replace all or any part of this Agreement at any time, that such changes, alterations, amendments or replacements shall be effective as of the time of posting. QAT will provide notice on the QAT.com web site of any material changes made to this Agreement and your continued use of the web site after the time of posting of such notice will constitute evidence of your acceptance of the changed, altered, amended or replaced Agreement. You further agree to regularly review this Agreement for such changes, alterations, amendments or replacements. If you do not agree with the changed, altered, amended or replaced Agreement, do not use or access the QAT.com web site or information, material, products or services provided therein.
Ownership of Content and Intellectual Property Protection
You acknowledge and agree that any and all information, material, products and services, including data, databases, graphics, text, files, software, interfaces, web pages, product names, company names, trademarks, logos and trade names contained on the QAT.com web site (collectively the “Content”), including the manner in which the Content is presented or appears and all information relating thereto, are the property of QAT, its licensors or third parties, as indicated.
Content found on the QAT.com web site is protected under patent, copyright, trademark, proprietary or other intellectual property laws of the United States and other applicable jurisdictions, and any unauthorized use of such Content may violate such laws or this Agreement. Except as expressly provided herein, no license under any patents, copyright, trademark, proprietary or other intellectual property right is granted or implied by granting access to the Content.
Content may be provided by a third party (“Third Party Content”). QAT offers no guarantees and assumes no responsibility or liability of any type with respect to Third Party Content, including any liability resulting from incompatibility between Third Party Content and Content provided by QAT. You agree that you will not hold QAT responsible or liable with respect to Third Party Content or seek to do so.
License to Content
You are provided with a limited, personal, non-transferable, non-exclusive license to access, view, read, download and print one copy of the Content, except for Third Party Content and Content that is indicated for sale or that is indicated for distribution pursuant to a separate license agreement (the “Products”). Except as otherwise provided herein or in another written agreement with QAT or its Licensors, you may access, view, read, download and print the Content (excluding the Third Party Content and Products) subject to the following conditions:
- You may use the Content solely for personal, informational, and internal purposes;
- You may not bundle, sell, license, sublicense, export, transfer, loan, rent, lease, assign, share, outsource, host, publish, distribute, part with possession or make available to any person, the Content, or any part thereof;
- You may not copy, edit, modify, adapt, create derivative works, translations, adaptations or arrangements, republish, transmit, merge, reverse engineer, decompile or disassemble the Content, or any part thereof;
- You may not use the Content, or any part thereof, or output therefrom, for the direct benefit of any third party, nor shall you charge or receive, either by direct or indirect payment, or by trade of service, compensation, or fees from any third party, for the use of the Content or output therefrom;
- You may not alter, remove, or destroy any proprietary markings, or confidentiality legends, or notices placed on, or contained within, the Content; or
- You shall not permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of QAT or its licensors or allow any third party to access the Content.
QAT reserves the right to revoke the authorization to access, view, read, download and print the Content available on the web site at any time and for any reason, and any such use shall be discontinued immediately without notice from QAT. The rights granted to you herein constitute a license and not a transfer of title.
Collection and Use of Information About You
QAT may from time to time monitor your use of the QAT.com web site and collect, store, use and disclose information about you. See our privacy policy for specific details with respect to our collection, storage, use and disclosure of information about you. You hereby consent to such collection, storage, use and disclosure and waive any right of privacy that you may have. You may, at any time, request access to, correct and delete personal information about you stored by QAT by contacting QAT.
Disclaimer of Warranties
All Content is provided “as is” without any warranties of any kind. You understand and agree that the use of the Content is at your sole risk.
QAT MAKES NO REPRESENTATIONS WITH RESPECT TO ANY CONTENT, INCLUDING PRODUCTS, SERVICES AND SOFTWARE AND, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS OF ANY KIND, EXPRESS AND IMPLIED, REGARDING THE CONTENT (INCLUDING PRODUCTS, SERVICES AND SOFTWARE), INCLUDING WITHOUT LIMITATION, ALL REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS REGARDING ACCURACY, TIMELINESS, COMPLETENESS, CURRENTNESS, AVAILABILITY, EFFECTIVENESS, NON-INFRINGEMENT, SECURITY, PRIVACY, TITLE, USEFULNESS, SUITABILITY, QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. FURTHER, QAT MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT (INCLUDING PRODUCTS, SERVICES AND SOFTWARE) WILL BE SATISFACTORY TO YOUR NEEDS, MEET YOUR EXPECTATIONS, OR BE UNINTERRUPTED, TIMELY, ACCURATE, SECURE OR FREE FROM ERRORS.
Limitation of Liability
QAT assumes no responsibility to you or any third party for the consequences of any inaccuracy, error or omission on the web site, regardless of cause.
QAT, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS OR EMPLOYEES, SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGE OR LOSS OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OF, OR THE INABILITY TO USE, THE QAT.COM WEB SITE OR ANY CONTENT (INCLUDING PRODUCTS, SERVICES AND SOFTWARE) PROVIDED THEREIN, OR ARISING OUT OF OR RELATING TO THE USE OF ANY WEB SITE LINKED HERETO, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, LOST OPPORTUNITIES, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSEQUENTIAL DAMAGE, EVEN IF QAT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR OF A CLAIM BY ANOTHER PARTY.
ALTHOUGH QAT TAKES PRECAUTIONS TO PROTECT PERSONAL AND CONFIDENTIAL INFORMATION, THERE IS NO GUARANTEE, AND QAT MAKES NO REPRESENTATION OR WARRANTY, THAT PERSONAL AND CONFIDENTIAL INFORMATION TRANSMITTED TO OR FROM OR STORED ON THE QAT.COM WEB SITE, OR TRANSMITTED OVER THE INTERNET GENERALLY, WILL BE MAINTAINED CONFIDENTIAL AND SECURE. QAT ASSUMES NO LIABILITY OR RESPONSIBILITY PERTAINING TO THE RECEIPT, STORAGE, TRANSMISSION OR OTHER USE OF PERSONAL OR CONFIDENTIAL INFORMATION PROVIDED BY YOU TO QAT, UNLESS OTHERWISE PROVIDED IN A WRITTEN AGREEMENT BETWEEN YOU AND QAT.
IN NO EVENT SHALL QAT, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS OR EMPLOYEES, BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGE OR LOSS OF ANY KIND ARISING OUT OF OR RELATING TO EVENTS BEYOND THE REASONABLE CONTROL OF QAT, INCLUDING VIRUSES, FAILED OR UNDELIVERED MESSAGES, THE CORRUPTION OF DATA, TRANSMISSION ERRORS, INTERNET SERVICE PROVIDERS, LINKS TO AND THIRD PARTY WEB SITES AND THIRD PARTY CONTENT (INCLUDING PRODUCTS AND SERVICES), EVEN IF QAT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR OF A CLAIM BY ANOTHER PARTY.
QAT, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, AND THEIR RESPECTIVE DIRECTORS AND EMPLOYEES CUMULATIVE TOTAL LIABILITY FOR ANY DAMAGE OR LOSS THAT YOU MAY SUFFER FROM ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, TORT, NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE) SHALL BE LIMITED TO THE AMOUNT, IF ANY, PAID BY YOU TO QAT IMMEDIATELY PRECEDING THE TIME THAT THE DAMAGES OR LOSS FIRST OCCURRED. YOU ACKNOWLEDGE THAT QAT’S PRICING REFLECTS THIS ALLOCATION OF RISK AND THE LIMITATION OF LIABILITY SPECIFIED IN THIS AGREEMENT.
Indemnification
You agree to indemnify, defend, and hold QAT Incorporated, its affiliates, agents, licensors, suppliers, or their respective directors or employees, harmless against any and all actions, claims, costs, damages, demands, liabilities, proceedings, expenses or loss of any kind (including legal and other fees and disbursements) sustained, incurred or paid by QAT arising out of the access to or use of the QAT.com web site or any Content (including Products and services and Third party Content) contained in or on the web site.
User Acknowledgements
You acknowledge and agree that inherent in the procurement, compiling, collecting, interpreting, reporting, communicating, delivering and inputting digitally of the Content, there will be a degree of error which cannot be avoided even with standards of quality control which exceed industry standards. You further acknowledge that Third Party Content is provided by third parties and that QAT cannot control such content.
Restricted Access
You agree that you will not attempt to enter restricted areas of QAT’s computer system or perform functions that you are not authorized to perform pursuant to this Agreement. QAT may, without notice, temporarily or permanently suspend your access to the web site and the Content by deactivating your account or password if QAT reasonably suspects that you are using the account or password to obtain unauthorized access to QAT’s other systems or information, or are using the account or password in any other inappropriate manner. These suspensions will be for a period of time necessary to permit the thorough investigation of such suspended activity. QAT may terminate this Agreement immediately without notice if it is determined that you have undertaken such unauthorized activity or if such unusual activity cannot be reasonably explained.
Amendments to the Web Site
You agree and acknowledge that QAT may modify any or all of the QAT.com web site at any time and that the web site, including without limitation any sites associated thereto, may periodically be unavailable to you in order to allow for maintenance and updates.
Termination of this Agreement
This Agreement is effective until terminated by QAT, in its sole and absolute discretion. QAT may terminate this Agreement without notice to you and will do so if you use or attempt to use the web site or the Content therein in any manner contrary to the terms of this Agreement. Any such termination by QAT shall be in addition to and without prejudice to such rights and remedies as may be available to QAT, including the suspension or termination of your account or password and injunctive relief enjoining such acts or attempts, it being acknowledged by you that other legal remedies are inadequate.
The Ownership of Content and Intellectual Property Protection, Collection and Use of Information About You, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Termination provisions of this Agreement shall survive the termination or expiry of this Agreement.
Trademark Information
The trademarks and logos (“Marks”) displayed on the QAT.com web site are the property of QAT or other third parties. You are not permitted to use the Marks without the prior written consent of QAT or such third party that may own the Marks. Words used in type samples are for illustrative purposes only and do not imply endorsement or ownership. If actual names, companies, bands, and song titles are used, it’s in a spirit of tribute and free advertising.
Third Party Web Sites
This site links users to sites not maintained by QAT. You are advised that any use of a linked web site and any use of or reliance upon Third Party Content (including products and services) available at such sites is solely at your own risk. In providing links to the other sites, QAT is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to monitor or control such sites. QAT cannot and does not make any representations or warranties with respect to any Third Party Content (including products and services) available through these links and disclaims all liability relating to your use of or reliance upon any Third Party Content (including products and services) available at or through such sites and disclaims any opinions expressed on such web sites. Links to other web sites or references to Third Party Content (including products and services) or publications other than those of QAT do not imply the endorsement or approval of such web sites, Third Party Content (including products and services) or publications by QAT.
General Legal Terms and Conditions
No delay or failure by QAT to exercise any right hereunder, and no partial or single exercise thereof, shall be deemed to constitute a waiver of such right, or any other rights hereunder. Any consent by QAT to or any waiver of, a breach of any express or implied term of this Agreement, shall not constitute a consent to, waiver of, or excuse of any subsequent or other breach of any express or implied term of this Agreement. No waiver, alteration, or modification by QAT of any of the provisions of this Agreement shall be binding unless in writing signed by a duly authorized representative of QAT against which enforcement of such waiver, alteration, or modification is sought. If any term, covenant, or condition of this Agreement, or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term, covenant, or condition to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby, and each term, covenant, or condition of this Agreement shall be valid, and be enforced to the fullest extent permitted by law.
This Agreement shall be interpreted and enforced in accordance with the laws of Nebraska, United States, without regard to the conflict of law principles applicable therein. Any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction of the Federal Court of the United States and/or the courts of Nebraska. The application of the UN Convention on Contracts for the International Sale of Goods, as amended, replaced or re-enacted from time to time, is expressly excluded.
International Users
The QAT.com web site can be accessed from countries around the world and may contain references to Content, including products and services, that are not available in your country. These references do not imply that QAT intends to market, promote, or distribute such Content, including products and services, in your country.
The QAT.com web site is controlled, operated, and administered by QAT from its offices within the United States of America. QAT makes no representation that the web site, or the Content available therein, are appropriate or available for use at other locations outside the United States, and access to the web site from countries or territories where the web site or any of its Contents are illegal is prohibited. If you access the web site from a location outside the United States, you are responsible for compliance with all local laws.
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Copyright Notice
Copyright © 2002-2009 QAT Incorporated. All rights reserved. No part of this work may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of QAT Incorporated.
ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.
