Home / Slides / Pricing Lang:

 

The terms of service are only available in English at this time. We thank you for your understanding.

Qbright Terms Of Service:

 

CONDITIONS OF USE

QBright Inc. ("QBright") welcomes you. QBright provides the QBright Services (defined below) to you subject to the following Terms of Service ("TOS"). We expressly reserve the right to change the TOS from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and the TOS once in a while and to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgement of the modified TOS and agreement to abide and be bound by the modified TOS.


You understand and agree that the QBright Service is provided "AS-IS" and that Qbright assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications, or personalization settings. You are responsible for obtaining access to the QBright Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the QBright Services.


You understand that the technical processing and transmission of the QBright Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

 

YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the QBright Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the QBright Services under the laws of Canada, or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the QBright Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. QBright and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

 

PRIVACY POLICY

Registration Data and certain other information about you are subject to our applicable privacy policy. For more information, see the full QBright Privacy Policy at http://www.qbright.com/pp. You understand that through your use of the QBright Services you consent to the collection and use (as set forth in the applicable privacy policy) of this information, including the transfer of this information to Canada, and/or other countries for storage, processing and use by QBright.

 

MEMBER CONDUCT 

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not QBright, are entirely responsible for all Content that you upload, post, transmit or otherwise make available via the QBright Services. QBright does not control the Content posted via the QBright Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the QBright Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will QBright be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the QBright Services.

 

SERVICES

You agree to not use the QBright Services to:

1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

2. harm minors in any way;

3. impersonate any person or entity, including, but not limited to, a QBright official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the QBright Service;

5. upload, post, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

6. upload, post, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose.

8. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

9. interfere with or disrupt the QBright Services or servers or networks connected to the QBright Services, or disobey any requirements, procedures, policies or regulations of networks connected to the QBright Services.

10.  intentionally or unintentionally violate any applicable local, state, national or international law;

11.  provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;

12.  "stalk" or otherwise harass another; and/or

13.  collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs above.

14.  harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

15.  use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;

16.  use automated scripts to collect information from or otherwise interact with the Service or the Site;

17.  use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;

 

You acknowledge that QBright may or may not pre-screen Content, but that QBright and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the QBright Services. Without limiting the foregoing, QBright and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by QBright or submitted to QBright, including without limitation information in QBright business contact sections, and information regarding line positions and estimated wait times.

You acknowledge, consent and agree that QBright may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of QBright, its users and the public.

 

INTERSTATE NATURE OF COMMUNICATIONS ON QBright NETWORK

When you register with QBright, you acknowledge that in using the QBright Services to send electronic communications (including but not limited to email, search queries, adding comments, uploading photos, and other Internet activities), you will be causing communications to be sent through QBright's computer network, located internationally. As a result, and also as a result of QBright's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this TOS, you acknowledge that use of the service results in interstate data transmissions.

 

INTERNATIONAL USE

Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside Canada, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.

 

CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE QBright SERVICES

QBright does not claim ownership of Content you submit or make available for inclusion on the QBright Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the QBright Services, you grant QBright the following worldwide, royalty-free and non-exclusive license(s), as applicable:

1.     With respect to photos, graphics, or text you submit or make available for inclusion on publicly accessible areas of the QBright Services, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the QBright Services solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the QBright Site and will terminate at the time you remove or QBright removes such Content from the QBright Site. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).

"Publicly accessible" areas of the QBright Services are those areas of the QBright network of properties that are intended by QBright to be available to the general public.

 

CONTRIBUTIONS TO QBright

By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to QBright, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) QBright is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) QBright shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) QBright may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of QBright without any obligation of QBright to you; and (f) you are not entitled to any compensation or reimbursement of any kind from QBright under any circumstances.

 

NO COMMERCIAL REUSE OF QBright SERVICES

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the QBright Services (including Content, advertisements, Software and your QBright ID).

 

GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that QBright may establish general practices and limits concerning use of the QBright Services, including without limitation the maximum number of days that a person may be kept in line for an attraction, the maximum number of people you may add to a particular or all lines in a given amount of time, and the maximum number of attractions that are allowed on an account. You agree that QBright has no responsibility or liability for the deletion or failure to store any appointments and other communications or other Content maintained or transmitted by the QBright Services. You acknowledge that QBright reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Qbright reserves the right to modify these general practices and limits from time to time.

 

MODIFICATIONS TO QBright SERVICES

QBright reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the QBright Services (or any part thereof) with or without notice. You agree that QBright shall not be liable to you or to any third party for any modification, suspension or discontinuance of the QBright Services (or any part thereof).

DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the QBright 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 QBright 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 QBright Services.

 

LINKS

The QBright Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that QBright is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that QBright shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

 

QBright'S PROPRIETARY RIGHTS

You acknowledge and agree that the QBright Services and any necessary software used in connection with the QBright Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in advertisements or information presented to you through the QBright Services, by participating businesses, or by advertisers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by QBright or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the QBright Services, such Content or the Software, in whole or in part.

QBright grants you a personal, non-transferable and non-exclusive right and license to access the site; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code (including, but not limited to javascript and jquery code on the web pages), sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the html forms, jquery, javascript, or any other code in any manner or form (other than normal modifications that occur on the site as a result of normal use as stipulated below), nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the QBright Services. You agree not to access the QBright Services by any means other than through the interface that is provided by QBright for use in accessing the QBright Services.

QBright allows business members, who have registered as such, to manage virtual lines for their attractions and for their customers and advertise their location and other aspects of their business. Otherwise, this license does not include any resale or commercial use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose, without express written consent of QBright. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of QBright and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilizing QBright's name or trademarks without the express written consent of QBright.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

1.     YOUR USE OF THE QBRIGHT SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE QBRIGHT SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE ARE PROVIDING QBRIGHT AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE AND/OR ANY PLATFORM APPLICATIONS. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE, THE SERVICE OR ANY PLATFORM APPLICATIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT WHEN YOU ACCESS, DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE SERVICE AND ANY PLATFORM APPLICATIONS, IT IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.

2.     QBRIGHT IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

3.     QBRIGHT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE QBright SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE QBright SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE QBRIGHT SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE QBright SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.

You understand and agree that the services available on this site are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.



LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT QBRIGHT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL NOT EXCEED THE AMOUNT PAID BY YOU TO QBright IN THE THREE MONTHS PRECEEDING THE CLAIM. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

NO THIRD-PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.

 

INDEMNIFICATION

You agree to indemnify and hold QBright and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the QBright Services, your use of the QBright Services, your connection to the QBright Services, your violation of the TOS, or your violation of any rights of another.

 

MEMBER ACCOUNT, PASSWORD AND SECURITY

You are responsible for maintaining the confidentiality of your login names and passwords and you accept responsibility for all activities, charges, and damages that occur under your account. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. We will not be responsible for any loss or damage resulting from your failure to notify us of unauthorized use, or otherwise.

If we request registration information from you, you must provide us with accurate and complete information and must update the information when it changes.

TERMINATION

You may terminate your QBright account, any associated email address and access to the QBright Services by submitting such termination request to Qbright under 'Manage Profile'.

1.     You agree that QBright may, without prior notice, for any reason, or no reason, immediately terminate, limit your access to or suspend your QBright account, delete your profile and any content or information that you have posted on the Site or through any Platform Application, prohibit you from using or accessing the Service or the Site or any Platform Application (or any portion, aspect or feature of the Service or the Site or any Platform Application), and/or change or discontinue any or all of the Services provided on the Site or any Platform Application. Under no circumstance shall we be liable to any third party for taking any of these actions. If you are a paying customer our maximal liability to you will be the monetary worth of the unused portion of your subscription or credits. You acknowledge that if no fees were paid to the company for the service you will not receive any compensation whatsoever. We will not be limited to the remedies above if you violate these Terms.

2.     Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site.

 

NOTICE

QBright may provide you with notices, including those regarding changes to the TOS, by methods including by but not limited to email, regular mail, SMS, MMS, text message, postings on the QBright Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the QBright Services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the QBright Services in an authorized manner.

 

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of QBright or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of QBright, with copyright authorship for this collection by QBright, and protected by international copyright laws.

 

TRADEMARK INFORMATION

You agree that all of Qbright's trademarks, trade names, service marks and other QBright logos and brand features, and product and service names are trademarks and the property of QBright Inc. (the "QBright Marks"). You agree not to display or use QBright's trademarks in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits QBright. All other trademarks not owned by QBright or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by QBright or its subsidiaries.

GOVERNING LAW

This site from various countries around the world. As each of these places has laws that may differ from those of California, by accessing this site both of us agree that the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of any court located in the county of Santa Clara, California or the U.S. District Court for the Northern District of California with respect to such matters, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

GENERAL INFORMATION

Entire Agreement. The TOS constitutes the entire agreement between you and QBright and governs your use of the QBright Services, superseding any prior version of this TOS between you and QBright with respect to the QBright Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other QBright services, affiliate services, third-party content or third-party software.

Waiver and Severability of Terms. The failure of QBright to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the QBright Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual effect.

 

VIOLATIONS

Please report any violations of the TOS to our customer care group.

Last updated December 12, 2014