DISCLAIMER OF WARRANTIES, LIMITATIONS, AND LIABILITY
The materials in this site are provided "as is" and without warranties of any kind either express or implied. Qtrax.com (Qtrax) disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Qtrax does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components, notwithstanding Qtrax’s extensive and rigorous efforts to insure that the site is problematic free, error free or harmful component free.
Qtrax does not warrant or make any representations regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You and not Qtrax assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Under no circumstances, including, but not limited to, negligence, shall Qtrax be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if Qtrax or a Qtrax authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Qtrax's total liability to you for all damages, losses, and causes of action, (whether in contract, tort, including but not limited to negligence or otherwise), exceed the amount paid by you, if any, for accessing this site.
Facts and information at this website are believed to be accurate at the time they were placed on the website. Changes may be made at any time without prior notice. All data provided on this website is to be used for information purposes only. The information contained on this website and pages within, is not intended to provide specific legal, financial, or tax advice, or any other advice, whatsoever, for any individual or company and should not be relied upon in that regard. The services described on this website are only offered in jurisdictions where they may be legally offered. Information provided in our website is not all-inclusive, and is limited to information that is made available to Qtrax and such information should not be relied upon as all-inclusive or accurate. In general, Qtrax assumes no responsibilities whatsoever of any kind, for any and all issues that may arise from the use of the Qtrax site or suite of services.
You can visit the public portion of our site without the required need to register or revealing any personal information about you or your company. If you choose to request our clients’ music for your user experience, you may be required to supply certain information about yourself or your company as that information is necessary for us to complete transactions and communications between us.
How we gather information from users
How we collect and store information depends on the page you are visiting, the activities in which you elect to participate and the services provided. For example, you may be asked to provide information when you register for access to certain portions of our site or request certain features, such as music and our music player, newsletters, or when you make a purchase. Among other things, the cookie may store your user name and password, sparing you from having to re-enter that information each time you visit. As we adopt additional technology, we may also gather information through other means. In certain cases, you can choose not to provide us with information, for example by setting your browser to refuse to accept cookies, but if you do you may be unable to access certain portions of the site or may be asked to re-enter your user name and password, and we may not be able to customize the site’s features according to your preferences.
What we do with the information we collect
Like other Web publishers, we collect information to enhance your visit and deliver more individualized content and advertising. We respect your privacy and do not share your information with anyone.
Personally Identifiable Information collected by Qtrax may also be used for other purposes, including but not limited to site administration, troubleshooting, processing of e-commerce transactions, administration of sweepstakes and contests, and other communications with you. We will use your information only as permitted by law. In addition, from time to time as we continue to develop our business, we may sell, buy, merge or partner with other companies or businesses. In such transactions, user information may be among the transferred assets. We may also disclose your information in response to a court order, at other times when we believe we are reasonably required to do so by law, in connection with the collection of amounts you may owe to us, and/or to law enforcement authorities whenever we deem it appropriate or necessary. Please note we may not provide you with notice prior to disclosure in such cases.
Affiliated sites, linked sites and advertisements
Qtrax expects its partners, advertisers and affiliates to respect the privacy of our users. Be aware, however, that third parties, including our partners, advertisers, affiliates and other content providers accessible through our site, may have their own privacy and data collection policies and practices. Through Qtrax you may be introduced to, or be able to access, information, Web sites, features, contests or sweepstakes offered by other parties. Qtrax is not responsible for the actions or policies of such third parties. You should check the applicable privacy policies of those third parties when providing information on a feature or page operated by a third party.
You should also be aware that if you voluntarily disclose Personally Identifiable Information on message boards or in chat areas, that information can be viewed publicly and can be collected and used by third parties without our knowledge and may result in unsolicited messages from other individuals or third parties. Such activities are beyond the control of Qtrax and this policy.
Qtrax does not knowingly collect or solicit Personally Identifiable Information from or about children under 13 except as permitted by law. If we discover we have received any information from a child under 13 in violation of this policy, we will delete that information immediately. If you believe Qtrax has any information from or about anyone under 13, please contact us at the address listed below.
You may contact us at email@example.com
Changes to this Policy
Qtrax reserves the right to change this policy at any time. Please check this page periodically for changes. Your continued use of our site following the posting of changes to these terms will mean you accept those changes. Information collected prior to the time any change is posted will be used according to the rules and laws that applied at the time the information was collected.
This policy and the use of this site are governed by the laws of the State of New York. If a dispute arises under this Policy we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: New York City, New York. Any costs and fees other than attorney fees associated with mediation will be at the user’s sole expense.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: New York City, New York, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
Qtrax is controlled, operated and administered entirely within New York. This statement and the policies outlined herein are not intended to and do not create any contractual or other legal rights in or on behalf of any party.
We utilize the latest server technology to house our database. To protect our database we use a complex system of backups and firewall technology. These technologies are deployed as part of a sophisticated security architecture and protocol. All data resides in a tightly controlled and secure datacenter.
Your Consent To This Agreement
By using the Qtrax.com site and network, you consent to the collection and use of information by Qtrax as specified herein and in accordance with our Terms and Conditions available on our homepage. If we decide to change our Policy, we will post such changes to this page in order for you to always be abreast of what information we collect and how we utilize it, and under what circumstances we disclose such information where warranted or so directed.
Terms and Conditions of Use of the Qtrax Site
We have taken every effort to design our Web site to be useful, informative, helpful, honest and fun. Hopefully we’ve accomplished that — and would ask that you let us know if you’d like to see improvements or changes that would make it even easier for you to find the information you need and want.
All we ask is that you agree to abide by the following Terms and Conditions. Take a few minutes to look them over because by using our site you automatically agree to them. Naturally, if you don’t agree, please do not use the site. We reserve the right to make any modifications that we deem necessary at any time. Please continue to check these terms to see what those changes may be. Your continued use of the Qtrax Web site means that you accept those changes.
This "Conditions of Use" agreement sets forth the essential points a user must abide by in using the Qtrax site. Though the points mentioned below are limited, they are by no means conclusive and final, and any and all rights of Qtrax, both legal and equitable, shall be strictly reserved.
1) User may peruse any of the musical tracks on the Qtrax site for any song the user selects at will or other services that may be available on the Qtrax suite of services from time to time as those service(s) become available solely at the discretion of Qtrax where and when warranted.
2) Any use whatsoever of those federally protected copyrights contained on the Qtrax site, for whatever purpose, except as allowable by the Qtrax service(s) is strictly prohibited. Prohibited restrictions include any transference of the sound recording, or underlying copyright, by digital, electronic, analog, or any re-recorded means now known or hereinafter devised beyond that which is explicitly permitted by Qtrax. All copyrights on the Qtrax site are protected and will be enforced to the full extent prescribed by the United States and International copyright acts, laws, and doctrine.
3) User shall abide by all terms and conditions regarding the scope and authorization as set out in these Terms and Conditions, and any deviation thereof, without benefit of a written instrument extending requisite rights, will be and be deemed an infringement to those rights granted by Qtrax on behalf of itself and its clients, thereby causing the use of the Qtrax service null and void.
4)As the user to the Qtrax site benefits from certain entitlements, any dedicated information granted to user via the procedures and mechanics derived from the Qtrax site, or otherwise, shall be considered confidential, proprietary, and kept in confidence. Any unauthorized disclosure thereof to third parties may constitute a breach of this agreement actionable by, but not limited to, termination and its relationship with Qtrax.
5)As a general rule, any unauthorized use of this site, and the contents therein, are strictly prohibited. That being said, the user shall use all of their efforts in maintaining the integrity of the copyright(s) granted via license to Qtrax to the extent that any unauthorized use shall be ensured against duplication by means now know or hereinafter devised.
6) No part of this agreement, representation, or the rights hereof granted to the user shall be assigned to any third party, or otherwise, without the expressed permission of Qtrax in writing. You agree to treat as strictly private and confidential any Subscriber Code, username, user ID, or password which you may have received from Qtrax, and all information to which you have access through password-protected areas of Qtrax's websites and will not cause or permit any such information to be communicated, copied or otherwise divulged to any other person whatsoever.
7) No part of Qtrax’s website shall be used, absconded with, duplicated, modified, or infringed against Qtrax’s business method patent, or patent application, without written permission by Qtrax. Materials in this website are copyrighted and all rights are reserved. Text, graphics, databases, HTML code, and other intellectual property are protected by US and International Copyright Laws, and may not be copied, reprinted, published, reengineered, translated, hosted, or otherwise distributed by any means without explicit permission. All of the trademarks on this site are trademarks of Qtrax or of other owners used with their permission.
8)All trademarks, logos, operating system procedural methods or design, shall be and remain the sole property of Qtrax. All material and copyrights contained therein of Qtrax’s website shall remain the property of Qtrax and any copying whatsoever via programming, software, or otherwise by means now know or hereinafter devised shall be prohibited. Qtrax warrants, and you accept, that Qtrax.com is the owner of the copyright of the Databases of Links to articles and resources available from time to time through www.qtrax.com. Qtrax and its contributors reserve all rights and no intellectual property rights are conferred by this agreement.
Qtrax.com grants you a non-exclusive, non-transferable license to use database(s) accessible to you subject to these Terms and Conditions. The database(s) may be used only for viewing information or for extracting information to the extent described below.
You agree to use information obtained from Qtrax's databases only for your own private use or the internal purposes of your home or business, provided that you are not selling or brokering the information, and in no event cause or permit said information to be published, printed, downloaded, transmitted, distributed, reengineered, or reproduced in any form from any part of the databases, (whether directly or in condensed, selective or tabulated form), whether for resale, republishing, redistribution, viewing, or otherwise, outside of the scope of those warranted licenses granted to you or your company as "issued".
Nevertheless, you may not download or print out individual pages of information from any area of the Qtrax site. You may not make any duplications of any output, both in machine-readable or hard copy form. Nothing herein shall authorize you to create any database, directory or hard copy publication of or from the databases, whether for internal or external distribution or use.
The owner of this site is not necessarily affiliated with sites that may be linked to this site and is not responsible for their content. The linked sites are for your convenience only and you access them at your own risk. Links to other websites or references to products, services or publications other than those of Qtrax.com and its subsidiaries and affiliates at this website, do not imply the endorsement or approval of such websites, products, services, or publications by Qtrax or its subsidiaries and affiliates.
Certain names, graphics, logos, icons, designs, words, titles or phrases at this website may constitute trade names, trademarks or service marks of Qtrax or of other entities. The display of trademarks on this website does not imply that a license of any kind has been granted. Any unauthorized downloading, re-transmission, or other copying of modification of trademarks and/or the contents herein may be a violation of federal common law trademark and/or copyright laws and could subject the copier to legal action.
9) User understands that the term of this agreement commences upon the date of “registration” and may be canceled at any time by either party at will. Qtrax also reserves the right to cancel any “agreement or license” with the user for “cause” and “at will” in their sole discretion. In addition, by providing material on our Web site, if any, we do not in any way promise that the materials will remain available to you, and Qtrax is entitled to terminate all or any part of any of its Web site without notice to you.
10)Where and when warranted, Qtrax reserves the right to review the books and records of its licensees in order to verify proper reporting to Qtrax, and on behalf of its’ content provider clients.
11) User warrants that they save and hold Qtrax harmless against any and all liabilities both in law and in equity on behalf of itself as well as Qtrax‘s represented clients for and by any means whatsoever.
12) User agrees to indemnify and hold Qtrax harmless against all claims and infringements that may arise out of using Qtrax services or on behalf of Qtrax's represented clients. Qtrax’s “Disclaimer” policy is implicit and also applies.
To the extent you have in any manner violated or threatened to violate Qtrax and/or its affiliates' intellectual property rights, Qtrax and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court (i.e. in the State of New York), and you consent to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator at Qtrax’s sole discretion and at the following location: New York City, New York. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through mediation where warranted and at Qtrax’s sole discretion, we agree to submit the dispute to binding arbitration at the following location in New York City, New York, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
14) This is the entire agreement and may not be modified through extraction or additional provisions without the written authorization of Qtrax. Additionally, if any section of this agreement is found to be null and void, all surviving sections shall remain in full force and effect.