Qbox.com Terms of Use

1. Your Acceptance

1.1 These Terms of Use ("Terms of Use") is an agreement between you and Qbox.com (the "Website") regarding the use of the Webiste and its services (the “Services). Qbox.com is operated by Qbox Corporation. In these Terms of Use, Qbox.com is sometimes referred to as “we,” “us” or “our.”

1.2 By using the Website or Services, you agree to these Terms of Use, the Qbox.com Privacy Policy (the “Privacy Policy”), which are incorporated herein by reference. Please read the Privacy Policy carefully. If you do not agree to these Terms and Privacy Policy, please do not use the Website or Services.

1.3 You may not use the Website or Services and may not accept the Terms if you are not of legal age to form a binding contract with Qbox.com.

1.4 Please print off or save a local copy of these Terms for your records.

2. Modification of the Terms

2.1 We may, in our sole discretion, change or amend this Agreement at any time. Notice of such changes will be posted on the Website and emailed to the address provided by you.

2.2 Your continued use of the Website and Services following notice of such changes will be deemed your acceptance of any such modification.

2.3 If you do not agree to any such changes, please stop using the Website and Services.

3. Additional Programs and Toobars

For better use of the Website and Services, we may provide you with additional programs (i.e., Qplayer) or toolbars (i.e., Qbox Toolbar). The terms of use of the programs and toolbars that you agree to are hereby incorporated into these Terms.

4. Content in the Services

4.1 You understand that all contents such as music, audio files, images, or written text which you may have access to as part of, or through your use of, the Website and Services (the "Contents”) are the sole responsibility of the person from which such contents originated.

4.2 You should be aware that the Contents presented to you as part of the Website and the Services may be protected by intellectual property rights which are owned by persons or companies other than Qbox.com. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on the Contents (either in whole or in part) unless you have been specifically allowed to do so by the owners of the Content.

4.3 We reserve the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Contents from the Website or Services in our sole discretion. Qbox.com and its designees shall have the right to remove any content that violates these Terms of Use or is otherwise offensive, indecent or objectionable.

4.4 Notwithstanding the foregoing, Qbox.com does not have complete control over the Content. Therefore, you understand that by using the Website and Services you may be exposed to content that you may find offensive, indecent or objectionable. In this respect, you use the Website and Services at your own risk.

5. Other content

5.1 The Website and Services may include hyperlinks to other web sites or content or resources. We may have no control over any web sites or resources which are provided by companies or persons other than Qbox.com.

5.2 You acknowledge and agree that Qbox.com is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

5.3 You acknowledge and agree that Qbox.com is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

6. User Submitted Content

For all content that you upload to the Website or Services, you represent and warrant that you own or otherwise have all rights, exceptions, approvals, licenses and/or consents necessary to submit the content.

We do not claim ownership of any intellectual property rights over the content (including text, files, images, photos, or any other materials) that you upload to the Service.

By uploading content on the Website or Services, you grant to us an irrevocable, non-exclusive, and royalty-free right to use, copy, modify, display, reproduce, adapt, translate, and distribute such content or prepare derivative works, and to incorporate such content into any form, medium, or technology now known or later developed.

7. Youth Restrictions and Parental Control

Children under the age of 13 are not permitted to register with Qbox.com. It is our policy not to collect any information from anyone under the age of 13. In any case, you affirm that you are over the age of 13, as the Website is not intended for children under 13. If you are under 13 years of age, do not use or access the Qbox.com website at any time or in any manner.

If you are the parent or legal guardian of a child under 13, and that child has somehow registered with Qbox.com, please send an e-mail to contact@qbox.com for instructions on how to cancel your child's registration. In the email, please provide your full name and address, your child's full name, address, email address that your child used for registration with Qbox.com, your relationship to the child, your daytime and evening telephone numbers, your email address and a signed statement that you are the child's parent or legal guardian. Qbox.com will use this information only to verify that you are the child's parent or legal guardian and for no other purposes.

8. Unauthorized Conduct.

You agree not to use the Website or Services to post, upload, or transmit any Content that is:

• (1) unlawful under the laws of any jurisdiction to which you are subject;
• (2) harmful, threatening, harassing, defamatory, invasive of the privacy of another, or obscene (including without limitation any images or depictions of child abuse, child pornography, or minors engaged in sexual conduct or explicitly sexual situations);
• (3) harmful to minors in any way;
• (4) insider information, or any other proprietary or confidential information;
• (5) an infringement of any patent, trademark, trade secret, copyright or other intellectual property right; or
• (6) falsified data including, without limitation, forged XML files or other data manipulated to distort the music listening tendency analysis.

9. Proprietary Rights In Company's And Third-Party Content And Technology

9.1. The Website and Services.

You acknowledge that the Website and Services contain content and technology protected by copyright, trademark, patent, trade secret and other laws. You agree that except for the limited license granted hereunder, all right, title and interest to the Website and Services and the contents therein remain with Qbox.com and its licensors. All copyrights in and about Emotional Link™, Link to Music™, CPMp™, XML, and RSS shall be owned by Qbox.com and licensed to you pursuant to these Terms.

9.2. Created Content

Any copyrightable content created by You using the Website or Services shall be owned by You.com. The content may include, but not limited to, playlists, music library, etc. ranking, charts, reviews and compillation of music listening habits. The compilation of content comprising the Website and the Services are the exclusive property of Company and protected by applicable copyrights laws.
The compilation of data created and stored on the Qbox servers and processed by us are the exclusive property of Qbox.com. It may include, but not limited to, ranking, charts, reviews and compilation of music listening habits.

9.3. Software.

All software used on this site is the property of Company. You agree not to translate, reverse engineer, decompile, disassemble, modify or create derivative works based on any of the software constituting or provided through the Service.

9.4. Trademarks.

Qbox.com™, Qbox™, Emotional Link™ and its symbol mark, Link to Music™ and its symbol mark and CPMp™ are the property of Qbox.com. Without prior permission from Qbox.com, you agree not to display or use the Trademarks in any manner.

9.5. Patents.

One or more patents apply to the Website and Services. You agree that all rights, title and interest to such patents remain with the Qbox.com.

9.6. Limited License Of Company Content To User.

Subject to the terms and conditions hereof, Qbox.com hereby grants you a limited, revocable, non-sublicensable license to display the Qbox.com's content (excluding any software code) solely for your personal use in connection with viewing the Website and Services. No other rights are granted to you in Qbox.com's content other than those rights granted explicitly herein. You agree to comply with any distribution controls and terms applicable to content made available through the Website and Services. You further agree to comply with all other restrictions on copying and distribution of content stated in these Terms.

10. Service Terms

10.1. General.

Qbox.com reserves the right, but has no obligation, to take any of the following actions in its sole discretion at any time and for any reason, and you agree that we will not be liable to you or any third party for taking any of these actions.

10.2. Right to Control Service.

Qbox.com reserves the right, in its sole discretion, to reject, refuse to post or remove any content (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Website or Services, at any time, for any or no reason, with or without prior notice, and without liability.

10.3. Availability.

Qbox.com may change, suspend, or discontinue all or any part of the Website or Services at any time, with or without reason. You acknowledge that the operation of the Website or Services may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and Qbox.com shall not be responsible to you or others for any such interruptions, errors or problems or an outright discontinuance of the Website or Services. Qbox.com has no obligation to continue producing or releasing new versions of the Website or Services or any associated software and/or content.

10.4. Account Access.

Qbox.com may restrict, suspend, or terminate your access to all or any part of the Website or Services, deactivate your account, or delete your account and all related information and files in your account. You acknowledge, consent and agree that Qbox.com may access, preserve, disclose or delete your account information and content if required to do so by law or in a good faith belief that such act is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Qbox.com, its users and the public. After a period of inactivity, Qbox.com reserves the right to disable or terminate a user's account. If an account has been deactivated for inactivity, the name associated with that account may be given to another registered user without notice to you or such other party.

11. Term and Termination

11.1. Term.

These Terms shall become effective upon your acceptance of the Terms by your use of the Website or Services and shall remain in effect in perpetuity unless terminated hereunder.

11.2. Termination.

Either you or Qbox.com may terminate your account at any time, for any reason or no reason, without explanation.
You agree that Qbox.com may, under certain circumstances and without prior notice, immediately terminate your account, any associated email address, and access to the Website or Services.
Cause for such termination shall include, but not be limited to:
(a) breaches or violations of these Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Website or Services (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) you have engaged in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services.
Qbox.com shall not be liable to you or any third-party for any termination of your account, made in Qbox.com's sole discretion.

11.3. Deletion of Data.

Upon termination of your membership, all the data you provided us will be deleted. This includes your login id, email address, gender, locality, and others. Any copyrightable material you have submitted to or created on Qbox.com servers will be deleted, which includes your profile photo and your comment to your or other’s My Pages. Any data you created on the Qbox.com servers will also be deleted, which may include your Playlist.

12. Disclaimers, Warranties And Limitations On Liability

12.1. Disclaimers.

Qbox.com is not responsible for any incorrect or inaccurate content posted on or through the Website or Services, whether caused by users or by any of the equipment or programming associated with or utilized in the Website or Services.
Profiles created and posted by users may contain links to other websites. Qbox.com is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Qbox.com.
Inclusion of any linked website on or through the Website or Services does not imply approval or endorsement of the linked website by Qbox.com.
When you access these third-party sites, you do so at your own risk. Qbox.com takes no responsibility for third party advertisements which are posted on or through the Website or Services, nor does it take any responsibility for the goods or services provided by its advertisers.
In creating hypertext links to any other website, Qbox.com is not recommending that website or giving any assurances as to its standing. Qbox.com is providing the links only as a convenience to you.
The inclusion of these links is not intended to reflect their importance, nor is it intended to endorse any views expressed, or products or services offered, on these outside sites, or the organizations sponsoring the sites.
Qbox.com makes no warranties, explicit or implied, regarding the performance of the links, the performance of the outside sites or the contents of the outside sites. If you decide to access linked third party websites, you do so at your own risk.
Qbox.com is not responsible for the conduct, whether online or offline, of any user of the Website or Services.
Qbox.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user communication.
Qbox.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Website or Services, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with the Website or Services.
Under no circumstances shall Qbox.com be responsible for any loss or damage, including personal injury or death, resulting from use of the Website or Services, attendance at any Qbox.com event, from any content posted on or through the Website or Services, or from the conduct of any users of the Website or Services, whether online or offline.

12.2. Warranties.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY PROVIDES THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS.
QBOX.COM MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE WEBSITE OR SERVICE SOR INFORMATION COLLECTED FOR OR PROVIDED TO USERS UNDER THIS AGREEMENT.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, QBOX.COM DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, REGARDING OR RELATING TO THE SERVICE OR ANY SERVICES PROVIDED TO THE REGISTERED USER UNDER THIS AGREEMENT.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
IN THE EVENT OF QBOX.COM'S BREACH OF WARRANTY, THE SOLE AND EXCLUSIVE REMEDY SHALL BE A REFUND OF THE AMOUNTS PAID FOR THE SERVICE BY THE REGISTERED USER.

12.3. Limitation of Liability.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL QBOX.COM BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR GOODWILL, LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF COMPANY KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UNDER NO CIRCUMSTANCES WILL QBOX.COM'S AGGREGATE LIABILITY, ON ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT, EXCEED THE AMOUNTS PAID BY YOU FOR YOUR ACCOUNT.

12.4. Indemnity.

You agree to indemnify and hold harmless Qbox.com, its officers, directors, employees, agents and third parties, harmless for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your connection to or use of the Website or Services, including any breach by you of the terms of these Terms and any claims arising from the content you submit, post, transmit or make available through the Website or Services, or your use of the Website or Services. You specifically indemnify Qbox.com of any claims that may arise from the inaccuracy of the Qbox emotional links (EML™).
Further, you specifically agree that you understand that any part of the Website or Services labeled 'Beta' may not perform with complete functionality, may be undergoing testing, may be inconsistently available, may have software 'bugs' and may have other issues affecting availability and functionality.
In addition to all other disclaimers and limitations of liability herein, you specifically agree that Qbox.com is not responsible or liable for any error, problem, omission, malfunction, interruption, defect, delay, or failure, in any regard, concerning any part of the Website or Services labeled 'Beta.'

12.5 Exclusions

CERTAIN JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OF THE ABOVE LIMITATIONS IN SECTION 12.2 AND 12.3 MAY NOT APPLY TO YOU.

13. U.S. Export Controls

Software available in connection with the Service (the "Software") may be further subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

14. Accuracy

Opinions, advice, statements, offers, information or other content made available through the Website or Services are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Qbox.com does not: (i) guarantee the accuracy, completeness or usefulness of any information on the service, and (ii) adopt, endorse nor accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party other than Qbox.com. Under no circumstances will Qbox.com be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the service, or transmitted to or by any registered users.

15. Advertisements

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website or Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Qbox.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

16. Miscellaneous

16.1. Rights Reserved.

Qbox.com and user retain all rights and licenses not explicitly granted hereunder.

16.2. Choice of law and forum.

These Terms, the relationship between you and Qbox.com, and any dispute involving the Website or Services or these Terms, shall be governed by (and construed and interpreted in accordance with) the laws of California, without regard to its conflict of law provisions or your actual state or country of residence.
You hereby irrevocably submit to the personal and exclusive jurisdiction and venue of the federal and state courts serving the City and County of San Francisco, other than for actions to enforce any order or judgment entered by such courts, in the event of any dispute arising out of or relating to this Agreement.

16.3. Severability and Waiver.

If any provision of this Agreement shall for any reason be held invalid, illegal or unenforceable in any respect, the remaining provisions shall remain in full force and effect, and the parties agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision.
The failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing.

Please contact us at: contact@qbox.com with any questions regarding this Agreement.
BY USING THIS SERVICE YOU AGREE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.