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(For DMCA specific information see --SECTION II-- below)
--SECTION I--
Article 1: GENERAL
1. Quantum Loop is an online information society service, hereafter referred to as "the Service" (including this Web
site and all its applications), provided by VHC LLC. , hereafter referred to as "the Provider".
2. These Terms and Conditions of Service are an agreement that is legally binding between the Provider and any
natural or legal person who, as a recipient of the Service, uses the Service for any purpose, hereafter referred
to as "the User".
3. These General Terms and Conditions of Service can be subject to additions by special terms and conditions.
These are:The 'Statement on Privacy and Data Protection'; see http://quantumloop.org/index.php/help/privacy
4. Individual terms and conditions of service and individual amendments to all terms and conditions are only
binding if concluded in written form. Also, waiving this formal requirement can only be concluded in written
form.
Article 2: DISCLAIMER
1. The Service is provided "as is" and the Provider disclaims any and all representations and warranties, whether
express or implied, including - but not limited to - implied warranties of title, merchantability, fitness for any
particular purpose or non-infringement. The Provider does not promise any specific results, effects or outcome
from the use of the Service.
2. The Provider does not represent or warrant that the Service and the data and information provided are
accurate, up-to-date, complete or reliable. The provider is not responsible or liable for any damage,
disadvantage or disprofit, whether material or immaterial, that is caused by the usage or non-usage of the
Service. This does not apply to damages, disadvantages and disprofits that are caused by the Provider
intentionally, recklessly or negligently.
3. The Provider reserves the right to change, reduce, interrupt or discontinue the Service or parts of it at any time.
4. No one has a right to use the Service; the Provider reserves the right to exclude certain Users if deemed
necessary.
Article 3: STORAGE OF INFORMATION
1. The Service consists largely of information stored on the request of Users.
2. The Provider neither previews nor automatically reviews such information. Therefore, the Provider cannot have
current knowledge of possible infringements caused by information that is stored on the request of Users. The
Provider is not liable for such information (Article 14 of Directive 2000/31/EC).
3. The Provider will, upon obtaining knowledge about or awareness of such infringement, act expeditiously to
remove or disable access to such information.
4. Users may only request storage of such information that they may legally store and publish. Users must not
request to store any information that infringes any third party's copyright, trademarks, other intellectual property
rights or any other rights.
5. Users indemnify the Provider from any claims raised by third parties in reference to any information that is
stored on request of the respective User. The indemnification covers all adequate expenditures, including court
and lawyer fees.
Article 4: NOTICE AND TAKE DOWN
1. If a user feels that any information provided within the Service infringes his/her or any third party's rights, he or
she MUST notify the Provider before taking any legal action by either using the 'Contact Us' link
(http://quantumloop.org/index.php/help/contact) or sending an e-mail to admin@quantumloop.org or by fax to
425-671-7874.
2. Upon receiving such notification, the Provider will expeditiously check the objectionable information and will,
where necessary, remove or disable access to this information ("notice and take down" process).
3. The Provider will respond to any such notification within THREE business days.
4. Users shall not take any legal action before the Provider has dismissed the notification or three business days
have elapsed without response.
5. The Provider disclaims liability for expenditures, including court and lawyer fees, if legal action is taken earlier,
unless the Provider has caused the infringement intentionally, recklessly or negligently.
Article 5: MISUSE OF SERVICE
1. Users must not misuse the Service. Misuse of the Service includes, without limitation:
a. submitting information using any function of the Service with a willful intent of insulting or offending any User.
b. submitting direct threats towards any User by means of any function of the Service.
c. submitting information that reveals private details of another User. i.e. name,home address,phone number,etc.
d. "Cyberstalking" of any other User of the Service: may include any or all of these 6 listed:
(d1) False accusations: attempting to damage the reputation of a User and turn other Users against them by
submitting false information or allegations about the User by means of any function of the Service.
(d2) Attempting to obtain personal information about a User by any means within the Service.
(d3) Using any function of the Service to encourage other Users of the Service to harass a User.
(d4) False victimization: submitting false information within the Service claiming a User is harassing him/her.
(d5) Attempts to arrange to meet a User for sex or soliciting sex from a User using any function of the Service .
(d6) Incessant messaging or posting lewd comments or sexual content to a User using any function of the Service
e. willful attempts to disrupt a community or garner attention and controversy through provocation ("Trolling").
f. automated or massive manual retrieval of other Users' profile data ("data harvesting").
g. advertising for commercial products or services of all kinds without permission of Provider.
h. all kinds of technical attacks on the Service or the servers it runs on.
2. All aforementioned behaviors in this article are strictly forbidden and are grounds for immediate account
termination.
Article 6: USAGE OF INFORMATION
1. All information provided within the Service by the Provider and by other Users may only be accessed manually
by a natural person using ordinary Internet devices.
2. Users must not publish, share, sell or make available information that is provided within the Service by the
Provider or by other Users to/with any third party.
3. Users must not store or process any other User's personal data for any other purpose than the natural purpose
of such data being published within the Service by the respective User.
Article 7: COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS
1. The software running the Service, the site design, the logos and other graphics, articles and other texts as well
as the database are protected by copyright and property of the Provider.
Article 8: TRADEMARKS AND SERVICE MARKS
1. Marks for Goods and Services can possibly be used without any identification, such as the ® or TM symbols.
This does not mean that such marks were not registered trademarks or service marks or such marks were not
protected by any applicable law. Such trademarks and service marks are property of their respective owners
and must not be used by Users in any infringing manner.
Article 9: APPLICABLE LAW
1. These Terms and Conditions of Service, including its additions (as in article 1 (3)) are an agreement solely
under the law of the United States of America. The Provider and the User waive all other law, including the law
at the place of residence or usage of the User (if other than USA) and any international trade law.
Article 10: SPECIAL TERMS FOR BUSINESS USERS
1. This article applies for Users that use the Service for business purposes.
2. Place of jurisdiction for all issues that arise from the usage of the Service, including this Terms and Conditions
of Service and all its additions (as in Article 1 (3)), is Connecticut, USA.
Article 11: SALVATORIUS CLAUSE
1. If any provision or provisions of this Terms and Conditions of Service and its additions (as in Article 1 (3)) shall
be held to be or become invalid, illegal, unenforceable or in conflict with the law of any applicable jurisdiction,
the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired
thereby.
_______________________________________
--SECTION II--
DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA")
Claims of Copyright Infringement:
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you have a good faith belief regarding the use of materials on the Service infringes your copyright, you may send to the Provider a notice requesting that the material be removed, or access to it be blocked.
If you send the Provider a DMCA infringement notice, such notice MUST be submitted in writing by postal mail or fax ONLY (see bottom for details) and must include the following information:
A physical or electronic signature of the copyright holder or a person authorized to act on his or her behalf of
the owner of an exclusive right that is allegedly infringed;
A description of the copyrighted work claimed to be infringed and, if multiple copyrighted works are covered by
a single notification, a list of all such works;
A description of the material that is claimed to be infringing or be the subject of infringing activity, and
information that is reasonably sufficient to enable Provider to locate the material;
Information that is reasonably sufficient to enable the service provider to contact the copyright holder/authorized
person, such as name, address, telephone number, and, if available, an email address;
A statement of the copyright holder/authorized person that he or she has good faith belief that the use of the
material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement of the copyright holder/authorized person that the information in the notification is accurate, and
under penalty of perjury, that he or she is, where applicable, authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed by the Provider against you, the DMCA permits you to send the Provider a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details.
***The Provider suggests that you consult with your legal advisor before filing a DMCA notice or counter-notice. Also, be aware that there can be legal penalties for false claims under the DMCA.***
DMCA notices and counter-notices with respect to the Service may NOT be e-mailed or submitted electronically but MUST ONLY be sent by postal mail or faxed to:
VHC LLC.
Attn: Barry DeLucia
P.O. Box 3597
Milford CT 06460 USA
Fax: 425-671-7874