This user agreement (this “Agreement”) from Quadbase describes the terms and conditions on which you may use the Quadbase educational service (the “Service”) and the Quadbase content repository (the “Repository”). If you do not accept and agree to be bound by the terms and conditions of this Agreement, you may not access or use the Service or the content of the Repository.
Your access or use of the Service or the content of the Repository constitutes your acceptance of and agreement to be bound by the terms and conditions of this Agreement, including, but not limited to, any policies and procedures incorporated by reference. In addition, your use of any particular part of the Service or the Repository shall be subject to such additional terms and conditions as may be posted from time to time.
Quadbase may amend this Agreement at any time by posting the amended terms on the website, and such amended terms shall become effective 30 days after being initially posted to the website. This Agreement may not otherwise be amended except in writing signed by you and an authorized representative of Quadbase.
Each individual work in the Repository is offered for license to you by the author of that work on the terms and conditions set forth in the specific open content license associated with that individual work. You are required under U.S. copyright law, the equivalent laws of other countries, and international treaties to respect the copyrights of those authors and to use their works subject to the terms and conditions of their respective licenses and applicable law. You may only copy, modify, distribute and otherwise use the works in the Repository in accordance with a license to do so or as may otherwise be permitted under applicable law.
Neither Quadbase nor Rice University undertakes any obligation to review or monitor any content submitted to the Repository and shall not have any responsibility or liability in connection therewith. Quadbase and Rice University may remove content if it is deemed appropriate to do so by Quadbase or Rice University, in their sole discretion, including, but not limited to, to comply with law or legal process, to respond to third party complaints, to enforce the terms and conditions of use, or to protect Quadbase or Rice University.
THE SERVICE AND THE CONTENT OF THE REPOSITORY ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, REPRESENTATIONS AND WARRANTIES OF ACCURACY, COMPLETENESS, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOUR USE OF THE SERVICE AND THE CONTENT OF THE REPOSITORY ARE ENTIRELY AT YOUR OWN RISK.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL QUADBASE OR RICE UNIVERSITY, OR ITS TRUSTEES, OFFICERS, EMPLOYEES AND REPRESENTATIVES, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND DIRECTLY OR INDIRECTLY ARISING OUT OF OR IN CONNECTION WITH THE OPERATION, MAINTENANCE, ACCESS OR USE OF THE SERVICE OR THE CONTENT OF THE REPOSITORY. This paragraph shall survive any expiration or termination of this Agreement.
Quadbase and Rice University reserve the right at any time and from time to time, in their sole discretion, to modify or discontinue, temporarily or permanently, the Service and the Repository with or without notice. Quadbase and Rice University, and its trustees, officers, employees and representatives, shall not have any responsibility or liability to you or to any third party in the event of any such modification, suspension or discontinuance of the Service or the Repository.
This Agreement shall be interpreted and enforced under the laws of the United States and the State of Texas, without giving effect to its conflicts or choice of law principles. You are responsible and liable for complying with all applicable laws in connection with your access or use of the Service or the content of the Repository. In the event a dispute arises related to this Agreement or your access or use of the Service or the Repository, you agree to submit to the jurisdiction of the courts located in Harris County, Texas.
If you would like to create your own content and submit it to the Repository for access and use by others, you must complete a registration form and obtain a personal account and password from Quadbase. You are responsible and liable for maintaining the confidentiality of your password and account, and are responsible and liable for all activities that occur under your account through the use of your password.
If you create content for submission to the Repository, you must offer it for license to others with one or more of the specific licenses approved for use by Quadbase. A list of the licenses approved for use will be displayed when you submit your materials to the Repository.
IF YOU BECOME A REGISTERED USER OF QUADBASE, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS QUADBASE AND RICE UNIVERSITY, AND ITS TRUSTEES, OFFICERS, EMPLOYEES AND REPRESENTATIVES, FROM ANY AND ALL DEMANDS, CLAIMS, ACTIONS, DAMAGES, LOSSES, LIABILITIES, COSTS AND EXPENSES, INCLUDING ATTORNEYS’ FEES AND COURT COSTS, DIRECTLY OR INDIRECTLY ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF THE SERVICE OR THE CONTENT OF THE REPOSITORY, YOUR SUBMISSION OF ANY CONTENT TO THE REPOSITORY, OR YOUR VIOLATION OF ANY OF THE TERMS OR CONDITIONS OF THIS AGREEMENT. This paragraph shall survive any expiration or termination of this Agreement.