Qplayer Terms of Use

Thank you for using the Qplayer. By using these software, you agree to the following terms of use (the "Terms"). You also agree to the Qplayer Privacy Policy, which is incorporated herein by reference.

We may change or amend these Terms at any time. Notice of such changes or amendments will be posted on the Qbox.com website and emailed to the address provided by you. Your continued use of the Qplayer following such notice will be deemed your acceptance of such changes or amendments.

1. Non-Commercial Use

We grant you non-commercial, non-transferable license to use Qplayer, which means you may download, install and use Qplayer on your computer but may not sell, transfer, rent, lease or assign them for benefit.

We give you non-exclusive license to use Qplayer. We encourage you to give copies of Qbox Player to your family and friends in their unmodified form. However, we specifically ban modification of Qplayer without our authorization. You are solely responsible for any liability, criminal or civil, arising from the use or distribution of Qplayer as modified by you.

You may not use Qplayer in any manner that could damage, disable, overburden, or impair Qbox.com website (the "Website") or services (the "Services"), nor may you use Qplayer in any manner that could interfere with any other party's use and enjoyment of Qbox.com Website or Services.

2. Intellectual Property

You acknowledge that Qbox.com or third parties own all rights, title and interest in and to the Qplayer, portions thereof, or software provided through or in conjunction with the Qplayer, including without limitation all Intellectual Property Rights. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.

You agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from Qplayer. You also agree to not remove, obscure, or alter Qbox.com’s or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Qplayer.

3. Availability of Software

You may download Qplayer at Qbox.com and its subsidiary websites. We recommend that you download our software from our website, however websites that are outside of our control may make our software available for download. We do not guarantee or warrant the integrity of the copies of our software available through such websites.

4. Updates of Qplayer

Qplayer may communicate with Qbox.com servers from time to time to check for available updates to Qplayer, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions.

By installing Qplayer, you agree to receive notification for updates. The notification for updates will be displayed on the Qbox Player image pane. You may choose to update your copy of Qplayer by clicking on the updates notification.

5. Compliance with Laws

You agree to comply with all local laws and regulations regarding the download, installation and/or use of the Qplayer.

6. Termination

You may terminate these Terms and Conditions at any time by permanently deleting the Qplayer in its entirety. Your rights automatically and immediately terminate without notice from Qbox.com or any third party if you fail to comply with any provision of the Terms. In such an event, you must immediately delete the Software.

7. Indemnity

You agree to hold harmless and indemnify Qbox.com and its subsidiaries, affiliates, officers, agents and employees, and the third parties and their subsidiaries, affiliates, officers, agents and employees from and against any claim, suit or action arising from or in any way related to your use of the Qplayer or your violation of the Terms, including any liability or expense arising from all claims, losses, damages, suits, judgments, litigation costs and lawyer fees, of every kind and nature. In such a case, Qbox.com and the third parties will provide you with written notice of such claim, suit or action.

8. Disclaimer of Warranties

Qbox.com and any third party who makes its software available in conjunction with or through the Qplayer disclaim any responsibility for any harm resulting from your use of the Qbox Player and/or any third party software accessed in conjunction with or through the Qplayer.

THE QPLAYER AND ANY THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE QBOX PLAYER ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. QBOX.COM AND SUCH THIRD PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. QBOX.COM AND ANY THIRD PARTY WHO MAKES ITS SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE QPLAYER DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF QPLAYER AND SUCH THIRD PARTY SOFTWARE.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE THE QPLAYER AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE QPLAYER AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF QPLAYER AND SUCH THIRD PARTY SOFTWARE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

9. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL QBOX.COM OR ANY THIRD PARTY WHO MAKES ITS SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE QPLAYER BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF QPLAYER OR SUCH THIRD PARTY SOFTWARE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF QBOX.COM AND/OR A THIRD PARTY SOFTWARE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE QPLAYER AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE QPLAYER, FROM INABILITY TO USE QPLAYER AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE QBOX PLAYER OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF QPLAYER AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE QPLAYER (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

10. Miscellaneous Provisions

These Terms of Use will be governed by and construed in accordance with the laws of the State of California, without giving effect to the conflict of laws provisions of California or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Use to be unenforceable, the remainder of these Terms of Use will continue in full force and effect.

These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by Qbox.com and/or a third party who make its software available in conjunction with or through the Qplayer.