Restrictions on Use; Acceptance of Terms of Use
This website is owned and operated by The Quarto Group for itself and its affiliates, subsidiaries, divisions and imprints, including Quarto International Co-editions Group, Quarto Publishing Group USA, Quarto Publishing Group UK, and Books & Gifts Direct, Australia and New Zealand (The Quarto Group and its affiliates, subsidiaries, divisions and imprints are hereinafter collectively referred to as “Quarto.com.”). By accessing or using this site, you agree to these Terms of Use. If you do not agree to any of these Terms of Use, please do not access the site or submit material for posting on the site. Quarto.com reserves the right to modify these Terms of Use at any time and in its sole discretion. Your use of the Website following any modification will constitute your assent to and acceptance of the modifications.
Ownership
All content contained on this Website, including all computer code and software, is the property of Quarto.com or is licensed by Quarto.com, and is protected by U.S. and foreign copyright and trademark laws. You may not copy, reproduce, distribute, display, transmit or modify any of the content contained on this site or use any of the trademarks of Quarto.com or any of its licensors.
Use of Website
You may not use the Website for any commercial purpose, including but not limited to the use of any of the content contained on this Website to market or sell goods or services to any person. You agree not to launch any automated system, including without limitation, "robots," "spiders," or "offline readers," to access the Website, provided that the operators of public search engines may use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, or to solicit, for commercial purposes, any person who has posted material to the Website with respect to that person’s posted materials.
License and Warranties for Submitted Content
By posting content, inputting data, answering questions, responding to user surveys, uploading data or files, sending emails or otherwise communicating with Quarto.com through the Website, you are granting Quarto.com a perpetual, non-exclusive, worldwide, royalty-free, unrestricted, transferable license to reproduce, display, distribute, adapt, transmit, store, edit and otherwise use all such materials as deemed appropriate or suitable by Quarto.com, and you waive and release any and all claims against Quarto.com for any use of these materials. You also agree that Quarto.com may, at its discretion, display advertising for Quarto.com products or services or for the products and services of any third party on the same webpage or screen display as that used for any materials submitted by you. You represent and warrant that you are the author of all materials that you submit for posting on the Website or that you have all necessary licenses and permissions from the author or other owner of the copyright and other rights in and to those materials to post the materials on the Website. You also represent and warrant that all of the information contained in any materials submitted by you for posting on the Website is accurate, and that the materials will not defame any person, will not be obscene and will not violate any person’s right of privacy, publicity or confidentiality.
Posting and Removal
Quarto.com is not required to accept any materials submitted by you for posting on the Website or to post any materials on the site, and may remove any material submitted by you at any time.
Account
If you create an account in order to access some features of the Website or to purchase products or services through the Website, you represent and warrant that all information provided by you in connection with your account will be accurate and complete. You agree that you are solely responsible for all activity that occurs on your account and for any charges incurred in your account, and that Quarto.com will not be responsible for any losses caused by any unauthorized use of your account. You will notify Quarto.com immediately if you become aware of any unauthorized use of your account. Quarto.com reserves the right to close or cancel your account at any time and for any reason without notice.
Indemnity
You agree to indemnify, hold harmless and defend Quarto.com and its owners, officers, directors, employees, agents and contractors from and against any and all claims, damages, losses, liabilities, judgments, awards, settlements, costs and expenses (including attorney’s fees and court costs) arising out of or resulting from your use of this Website, the posting by you of any materials on this Website or the violation by you of any of the Terms of Use.
Disclaimer of Warranties; Limitation of Liability
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK, AND Quarto.com WILL NOT BE HELD LIABLE IN ANY WAY FOR YOUR USE OF THE SITE. ALL INFORMATION AND MATERIAL CONTAINED OR REFERRED TO ON THIS WEBSITE IS PROVIDED “AS IS.” Quarto.com MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE WEBSITE OR ANY INFORMATION OR MATERIAL CONTAINED OR REFERRED TO ON THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, Quarto.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Quarto.com DOES NOT WARRANT THAT THE SITE OR THE INFORMATION, MATERIALS OR PRODUCTS CONTAINED ON THE SITE OR OBTAINED THROUGH THE SITE ARE ERROR-FREE, OR THAT ANY ERRORS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER FROM WHICH THE SITE IS OPERATED WILL BE FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL CODES. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL Quarto.com OR ANY OWNER, OFFICER, DIRECTOR, EMPLOYEE, AGENT OR CONTRACTOR OF Quarto.com BE HELD LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES AND EXPENSES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY OR PROPERTY DAMAGE, LOST PROFITS, AND DAMAGES ARISING FROM COMPUTER VIRUSES, BUSINESS INTERRUPTION, LOST DATA, UNAUTHORIZED ACCESS TO OR USE OF WEBSITE SERVERS OR ANY PERSONAL INFORMATION STORED THEREIN, OR ANY INTERRUPTION OR CESSATION OF OPERATION OF THE WEBSITE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Risk of Loss
Title to all items purchased from this Website and the risk of loss for all items purchased from this Website will pass to you upon delivery of the items purchased to the carrier selected by Quarto.com.
Rules for Other Sites
This Website may contain links to other websites, chat rooms, billboards, contests or other features which are maintained by Quarto.com or by an unrelated third party. All such websites, chat rooms, billboards, contests or other features are governed by their own rules and you are responsible for compliance with those rules.
Links to Other Sites
This Website may contain links to other websites maintained by third parties, and third party websites may contain links to this Website. Quarto.com does not control any third party website which is linked to this Website, does not warrant, endorse or guarantee any products or services offered by or through any such website, and shall not be responsible or held liable for the content of any such website or for the products or services or products provided by or through any such website or by the sponsors or hosts of any such website. You are solely responsible for compliance with all rules of use for the use of any third party website.
Termination
Quarto.com reserves the right to terminate this agreement at any time, without notice, and to terminate your use of this Website. In the event of termination, the license granted by you, the warranties and indemnities made by you and all limitations on Quarto.com’s liability will survive.
Jurisdiction
The Website shall be deemed to be based solely in Minnesota. This agreement shall be governed by the laws of the State of Minnesota, without regard to its conflicts of law principles, and you waive any claims that may arise under the laws of any nation other than the United States or any state other than Minnesota. Venue and jurisdiction for all disputes or claims arising under or out of these Terms of Use or your use of the site shall be exclusively in the federal and state courts serving Minneapolis, Minnesota, and you irrevocably agree to submit to the personal jurisdiction of those courts and waive any claims of lack of jurisdiction or inconvenient forum.
Limitation on Actions
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE OR YOUR USE OF THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, AND WILL THEREAFTER BE PERMANENTLY BARRED.
Complete Agreement
These Terms of Use constitute the entire agreement between you and Quarto.com concerning your use of the Website. If any provision is deemed invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. No waiver of any the Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure by Quarto.com to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Quarto.com reserves the right to modify these Terms of Use at any time, and you agree to be bound by any modifications. Your use of the Website following any modification will constitute your assent to and acceptance of the modifications.
Ability to Accept Terms of Use
By accessing the Website, you affirm that you are 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, accept and comply with these Terms of Use.
Quarto.com does not knowingly collect or solicit personal information from children under the age of 13 or knowingly allow such persons to register for an online account or to post personal information on the Website. If Quarto.com becomes aware that someone under the age of 13 has provided any personal information to or on the Website, that information will be removed as soon as possible.
Notices of Infringement
If you are a copyright owner or an agent of a copyright owner and you believe that any material posted on the Website infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") 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 are covered by a single notification, a representative list of the works covered by the notification;
- 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 material to be located on the Website;
- Information reasonably sufficient to permit Quarto.com to contact you, such as an address, telephone number, and, if available, an email address;
- 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.
Notifications of claimed infringement are to be sent to:
Bruce Krause
The Quarto Group
401 Second Avenue North, Suite 310
Minneapolis, MN 55401
bruce.krause@quarto.com
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.
Counter-Notices
If you have submitted materials to be posted to the Website and you believe that any of your materials which were removed are not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post those materials to the Website, you may send a counter-notice to Quarto.com with the following information:
- Your physical or electronic signature;
- Identification of the content that has been removed and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Minneapolis, Minnesota USA , and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
Quarto.com reserves the right to send a copy of any counter-notice to the original complaining party. Unless the copyright owner files an action seeking a court order against you, the removed content may be replaced, or access to it restored, at the sole discretion of Quarto.com.