User Agreement On QuirkWorks Web Site Access And Use
General
As a user of the QuirkWorks Web Sites, I represent to QuirkWorks that my access is on my own behalf or on behalf of my employer or my own business enterprise and that I am authorized and empowered to make promises, representations and agreements on my own behalf or on behalf of my employer or business enterprise. I understand this agreement contains important legal and financial responsibilities that may affect me, my employer or my business.
As an inducement for QuirkWorks to provide me with access to or permitting me to use QuirkWorks Web Sites, I agree to the following terms and conditions. I understand that the Internet, electronic commerce and technology is changing rapidly and QuirkWorks may address these changes by changing these terms and conditions from time to time at QuirkWorks's sole discretion. Accordingly I promise to review regularly these terms and conditions to be informed of and agree to any changes made by QuirkWorks. If at any time I do not agree to any term or condition of this or any revised QuirkWorks web access or use agreement, I promise not to access or otherwise use any QuirkWorks Web Sites. I understand that these terms and conditions apply to all QuirkWorks Web Sites, including any Web Sites owned, operated or sponsored by any QuirkWorks subsidiaries or affiliates. I agree that the word "Content", as used in this Agreement refers to any materials, documents, images, trademarks, copyrighted materials, graphics
Purpose
QuirkWorks maintains its Web Site Content for general marketing, promotional, public relations and general public information purposes. QuirkWorks does not transact business or engage in transactions by way of QuirkWorks Web Site Content. Regardless of the existence of any order forms, interactive features, request forms, invitation for comment or suggestions contained in any QuirkWorks Web Site, no contract or binding obligation of QuirkWorks of any kind may be implied, assumed or made until an authorized and empowered representative of QuirkWorks reviews and accepts, in writing, any proposal, offer, order or other information submitted by the user via any QuirkWorks Web Site. You agree that QuirkWorks becomes legally bound to and responsible for only those promises, obligations and commitments contained in written contracts and instruments signed by such authorized and empowered representative of QuirkWorks. Notwithstanding anything to the contrary contained in any QuirkWorks Web Site, QuirkWorks reserves t
No
Permissions
QuirkWorks provides its Web Site Content for informational purposes only for its customers, investors, vendors and employees and other constituencies. No license is granted by QuirkWorks to anyone to use or exploit any Content. If you wish to use or exploit any QuirkWorks Web Site Content, you agree to contact QuirkWorks in writing and to use such Content only in accordance with a written agreement with QuirkWorks. If you use or exploit any QuirkWorks Content without the agreement of QuirkWorks, you agree to be responsible for all claims, costs, losses, expenses, damages and liabilities incurred by QuirkWorks as a result of your actions or omissions.
Disclaimer
QuirkWorks has no obligation to be sure that the Content of its Web Site is accurate or complete, up-to-date or current, free from technical inaccuracies or typographical errors, free from changes caused by any third party or that access to the QuirkWorks Web Site will be free from interruptions, errors, computer viruses or other harmful components. You understand that QuirkWorks may (but has no obligation in the absence of governmental regulatory requirements) to change, withdraw, improve or otherwise modify its Web Site Content at any time without any notice to you
No
Warranties
Web Site Content is provided by QuirkWorks "AS-IS" and without warranties of any kind, either express or implied. TO THE EXTENT ANY ACCESS OR USE OF THE QuirkWorks WEB SITES CONSTITUTES A
No
Confidentiality And License
If you wish to provide your information to QuirkWorks and you wish to retain an interest or ownership in it, you must contact QuirkWorks in writing and propose to QuirkWorks a commercial transaction pursuant to which you and QuirkWorks agree in a written and signed agreement to an exchange of information. If you transmit to or post on the QuirkWorks Web Site without any prior written Agreement with QuirkWorks providing for such activity, any material, data, information or idea, it will be treated as non-confidential and non-proprietary and may be disseminated or used by QuirkWorks for any purpose. By sending QuirkWorks any information or material, you grant QuirkWorks an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials and information. You also agree that QuirkWorks is free to use any ideas, concepts, know-how or techniques that you send to QuirkWorks for any purpose without any obligation to you.
No
Unlawful Or Unacceptable Content Posting
You are not authorized to post on or transmit to any QuirkWorks Web Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other content that could give rise to any civil or criminal liability under the law. If you do so, you agree to assume all claims, costs, losses, expenses, damages and liabilities caused by such activity and indemnify and hold QuirkWorks harmless from any liability or loss.
Hyperlinks
QuirkWorks may provide hyperlinks to other internet web sites maintained by third parties or may provide third party content on QuirkWorks Web Site. The content in any such linked sites is not under QuirkWorks control and QuirkWorks is not responsible for the content of those sites, including any further links in another site. If you decide to access any of the third party sites linked to a QuirkWorks Web Site, you do so entirely at your own risk. It is up to you to take precautions to ensure that the third party you link to for your use is free of computer viruses, worms, trojan horses and other items of a destructive nature. By providing a link, QuirkWorks does not necessarily endorse a third party or its web site. QuirkWorks reserves the right to terminate a link to a third party web site at any time in its sole discretion.
Linked
Internet Sites
If you wish to provide a link to a QuirkWorks Web Site, you may do so under the terms and conditions of this or any future QuirkWorks web access and use agreement, but: you may not use or replicate QuirkWorks Content; you agree not to create a browser, border environment or frame for QuirkWorks Content; you may not imply that QuirkWorks is endorsing you or your products or services; you may not misrepresent your relationship with QuirkWorks; you may not present false information about QuirkWorks products or services; and your linked web site shall not contain content that could be construed as distasteful, offensive or controversial, and or contain content that is not appropriate for all age, racial, religious or other groups protected by law. If you violate these promises, you agree to be responsible for all claims, costs, losses, expenses, damages and liabilities associated with such acts or omissions and indemnify and hold QuirkWorks harmless and you agree to remove any link to QuirkWorks immediately upon
No
Representations, Legal Compliance
QuirkWorks makes no representation that content or materials in a QuirkWorks Web Site are appropriate or available for use outside the
Copyrights
QuirkWorks claims the copyright interest in the compilation in all the QuirkWorks Web Site Content, including without limitation, the incorporated QuirkWorks Web Sites. The laws of the United States of America and all other signatories to the Berne Convention protect the copyright owner from infringement and you represent that you have read, understand and agree to The U.S. Copyright Act and such other applicable laws and regulations of other countries and you will not violate them in your access and use of any QuirkWorks Web Site and that you will indemnify and hold QuirkWorks harmless. Copyright - QuirkWorks Inc. 2000
Privacy Policy
Your privacy on the Internet is important to QuirkWorks.com. As part of the operation of QuirkWorks.com, certain pieces of information are gathered about QuirkWorks Members. Below are explanations regarding the types of information collected, what is done with it, and how to correct or change the information.
What Information is Collected
As part of the QuirkWorks Member registration process, the prospective member is asked to provide an email address and interest category selections. The prospective member, at their option, may voluntarily provide additional information, including personal, geographic and demographic information. In addition to the information provided by members, QuirkWorks.com may also collect information about QuirkWorks Members from third party sources. Furthermore, QuirkWorks.com monitors incoming and outgoing Web site traffic data to help diagnose problems with its servers and to administer its Web site. QuirkWorks.com also uses this data to assemble broad demographic information about its members in general. The purpose of this data collection is to ensure that QuirkWorks Members receive only the most relevant, targeted offers and information from QuirkWorks.com.
QuirkWorks.com uses "contact us" forms as a way for clients, potential clients and members to communicate with QuirkWorks.com. QuirkWorks.com collects the information supplied by the sender of the "contact us" form in order to establish and maintain relationships with clients, potential clients and members. QuirkWorks.com also uses email links located on various pages of the QuirkWorks.com Web site to allow you to contact QuirkWorks.com with questions or comments you may have. QuirkWorks.com welcomes these email communications and makes efforts to respond to these communications where appropriate. Email communications and the ideas sent to QuirkWorks.com in these email communications become the property of QuirkWorks.com. QuirkWorks.com uses the email communications to evaluate and improve its services and Web site. QuirkWorks.com also may save these email communications for future reference or use.
In an attempt to customize the QuirkWorks service and provide members with the information they may be most interested in, QuirkWorks.com also conducts internal research on our usersÕ demographics, interests, and behavior based upon information members provide directly to QuirkWorks.com and information that QuirkWorks.com may collect from third party sources and/or through the use of ÒcookiesÓ (see below). QuirkWorks.com may combine or otherwise overlay some or all of the foregoing information to build profiles about QuirkWorks Members, which may be individual specific or in aggregate form. By becoming a QuirkWorks Member, you consent to QuirkWorks.com employing the foregoing techniques in its continuing efforts to better serve its members by providing them with the information in which they may be most interested. QuirkWorks.com does not use information about its members for any purposes unrelated to the services offered by QuirkWorks.com.
As discussed above, QuirkWorks.com may, from time to time, obtain information about its members from third party sources. In addition, QuirkWorks.com may, from time to time, assist third parties in developing, implementing and monitoring advertising campaigns using data owned or supplied by the third party. Please be aware that this Privacy Policy does not cover the conduct or practices of these third party sources. However, QuirkWorks.com will treat information that it receives from third party sources according to the terms of this Privacy Policy.
The Use of Cookies
As an important and necessary part of providing customizable and personalized services to its members, QuirkWorks.com uses cookies to store and sometimes track information about members. A cookie is a small amount of data that is sent to a memberÕs browser from a Web server and stored on a memberÕs computer hard drive. Areas of QuirkWorks.comÕs Web site where members are prompted to login or that are customizable require acceptance of cookies. Cookies are also used to help QuirkWorks.com track the response to messages sent to members on behalf of marketers so that QuirkWorks.com can monitor and report campaign results to the marketer and track response history. With respect to cookies, you have a choice. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject all cookies, you will be unable to use those QuirkWorks services that require the use of cookies in order to participate
Childrenšs Online Privacy Protection
The safety of children is important to us. QuirkWorks.comÕs Web site is a general audience site and is not directed to children under the age of 13. Similarly, QuirkWorks.comÕs services are not directed to nor intended for anyone under the age of 13. QuirkWorks.com will not knowingly accept members who are under the age of 13 years nor will it knowingly collect or maintain personally identifiable information from or about anyone under the age of 13 years. Accordingly, when registering to become a QuirkWorks Member, the new member must certify that they are not under the age of 13. QuirkWorks.com relies on the truthfulness of this certification when accepting new members. In the event that QuirkWorks.com receives information that establishes that a member is under the age of 13 years, QuirkWorks.com reserves the right, which it will exercise, to terminate that member's membership. QuirkWorks.com will also delete all information in its databases about that terminated member.
If you believe QuirkWorks.com has any information from or about anyone under 13, please contact us at the address listed below.
Email: privacy@QuirkWorks.com
Confidentiality
QuirkWorks.com will not provide personally identifiable information of a QuirkWorks Member to third parties except as noted under ÒLimits of Confidentiality.Ó Personally identifiable information means the memberÕs name, residence address, email address, social security number or other information from which the memberÕs identity may be reasonably ascertained. QuirkWorks.com uses proprietary technologies to preserve the anonymity of members while matching the memberÕs interests with targeted information sent via email. QuirkWorks.com will under no circumstance knowingly reveal any memberÕs identity to marketers. It is solely at a QuirkWorks MemberÕs discretion if he or she chooses to provide personally identifiable information to a marketer by making a purchase, requesting additional information, or communicating directly with the company or organization after visiting its Web site or otherwise.
Limits of Confidentiality
As part of its day-to-day business activities, QuirkWorks.com must disclose certain aggregate level information about QuirkWorks Members to certain third parties; principally, (1) QuirkWorksÕs Network Partners, and (2) Marketers who use QuirkWorks.comÕs network. Below is the information and circumstances under which QuirkWorks.com may be required to disclose information to third parties.
(1) Network Partners: When a QuirkWorks Member registers through the Web site of a Network Partner, QuirkWorks.com is obligated to disclose to that particular Network Partner the information submitted by the QuirkWorks Member during the registration process. In addition to the foregoing information, QuirkWorks.com may also disclose aggregate level information to the Network Partner about QuirkWorks Members who registered through that particular Network PartnerÕs site. Such aggregate information may include, for example, the number of individuals who registered through the Network PartnerÕs site; the turnover rate of QuirkWorks Members who have registered through the Network PartnerÕs site; with respect to any particular campaign, the response rates of the QuirkWorks Members who registered through the Network PartnerÕs site; and statistics on the interest categories selected by the QuirkWorks Members who have registered through the Network PartnerÕs site. Subject to the excepa QuirkWorks Member to a Network Partner unless such personally identifiable information was provided during the registration process through the Network PartnerÕs Web site.
(2) Marketers: QuirkWorks.com will disclose aggregate level information about QuirkWorks Members to marketers as reasonably necessary to explain the services that QuirkWorks.com can offer, to report on the advertising campaigns that QuirkWorks.com undertakes for any particular marketer, and/or to implement and explain campaign strategies. Subject to the exceptions discussed below, QuirkWorks.com will not knowingly disclose any personally identifiable information about a QuirkWorks Member to a marketer.
Due to the existing legal, regulatory and security environment, QuirkWorks.com may be required, under certain circumstances, to disclose aggregate level and/or personally identifiable information about its members. QuirkWorks.com will use its best efforts to limit such disclosure to the following: where QuirkWorks.com believes in good faith that it is required to do so in response to a subpoena or other legal process; where reasonably required to do so in order to maintain, update or otherwise implement QuirkWorks.comÕs data security measures, equipment, technical operations and the like; or where reasonably necessary to identify, contact or bring legal action against persons or entities to preserve and/or enforce QuirkWorks.comÕs rights.
Use of Information
QuirkWorks.com uses member information to deliver the QuirkWorks services. Thus, member information is used by QuirkWorks.com in identifying information that may be of interest to its members. A member's email address will be used by QuirkWorks.com to contact that member about member-selected interests. QuirkWorks.com also uses member information to monitor, interpret, analyze and report campaign results. QuirkWorks.com does not use member information for purposes unrelated to the services offered by QuirkWorks.com.
Protection of Member Information
QuirkWorks.com undertakes substantial efforts to protect the confidentiality of the identity, preferences and other information it has collected about individual members and will never knowingly allow access to this information to anyone outside QuirkWorks.com other than to the member or as described above under the heading Limits of Confidentiality. QuirkWorks.com has made a substantial investment in its server, database, backup and firewall technologies to protect the information assets of the QuirkWorks NetworkTM, including the confidentiality of information collected about QuirkWorks Members. These technologies are deployed as part of a sophisticated security architecture and protocol.
You should also do your part in protecting your information. Your QuirkWorks user name and password are confidential and we recommend that you not divulge them to anyone. Unfortunately, neither QuirkWorks.com network nor data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect member information, QuirkWorks.com cannot ensure or warrant the security of member information. Thus, any information a member transmits to us is done so at the memberÕs own risk. Once we receive member information, QuirkWorks.com undertakes substantial efforts to protect the confidentiality of this information consistent with this Policy.
Policy Changes
The foregoing policy is effective as of June 2000. QuirkWorks.com reserves the right to change this policy at any time. Please check this page periodically for changes. Your continued use of QuirkWorks.comÕs services following the posting of changes to these terms will mean you accept those changes. QuirkWorks.com will take reasonable measures to notify you if there is a material change in our privacy practices with respect to use of the information you have provided to QuirkWorks.com. QuirkWorks.com will conspicuously post these changes in our Privacy Policy. QuirkWorks.com also will post a message on the home page of its Web site that states that the Privacy Policy has been changed, and will provide a link to the Privacy Policy. These postings will occur on QuirkWorks.comÕs Web site at least 30 days prior to any material change. For more information, see our Terms and Conditions of service. If you have any questions about this privacy statement, email us.