Last updated: February 6, 2023

Notice: PLEASE READ THE FOLLOWING CAREFULLY BEFORE USING THE SITE (AS DEFINED BELOW) OR OTHERWISE ACCESSING ANY OF THE CONTENT OR SERVICES AVAILABLE THROUGH THE SITE. QUANTUMDIGITAL MAY UPDATE THESE TERMS OF USE (TOGETHER WITH ANY OTHER OPERATING POLICIES AND RULES PUBLISHED ON THE SITE, THE “TOU”) AT ANY TIME, IN ITS SOLE DISCRETION, UPON PUBLICATION OF THE UPDATED TOU ON THE SITE, AND THE UPDATED TOU SHALL BE DEEMED EFFECTIVE AS OF ITS STATED EFFECTIVE DATE. IT IS YOUR RESPONSIBILITY TO CAREFULLY REVIEW THESE TOU EACH TIME YOU ACCESS THE SITE. BY USING THE SITE, YOU ACCEPT THE MOST RECENTLY UPDATED VERSION OF THESE TOU. IF YOU DO NOT ACCEPT THESE TOU, THEN YOU ARE STRICTLY PROHIBITED FROM USING THE SITE AND FROM ACCESSING ANY OF THE CONTENT OR SERVICES AVAILABLE ON OR THROUGH THE SITE.

These TOU concern the QuantumPostcards.com website (together with any webpages and other websites linked to and contained thereon and their respective terms, content, and the services accessible thereon, the “Site”) that are made available by QuantumDigital, Inc. (together with its affiliates, “QuantumDigital”). These TOU are made and entered into by and between you and any person helping you access or use the Site, whether as a guest or a registered user (collectively, “you” or “your”), on the one side, and QuantumDigital, on the other side. You and QuantumDigital may be referred to herein, individually, as a “Party” and, collectively, as the “Parties.”

  1. Eligibility. The Site is offered only to users eighteen (18) years of age or older, or otherwise the age of majority in each user’s respective jurisdiction, and who have accepted these TOU. By accessing or using the Site, you represent and warrant to QuantumDigital that you meet these eligibility requirements. You agree to comply with all applicable laws, rules, and regulations accessing and using the Site.

  2. Privacy. QuantumDigital respects the privacy of others. QuantumDigital’s policies concerning the collection and use of your personal information in connection with the Site are set forth in the Site’s Privacy Policy, which you should carefully review each time you access or use the Site.

  3. Your Devices. Certain portions of the Site may be configured for, and QuantumDigital may offer the Site through, certain computers, tablets, smart phones or other electronic devices (collectively, “Devices”), and these TOU shall apply with equal force and measure to your access and use of the Site through such Devices. You are responsible for obtaining and updating the Device, software, operating system, carrier and network access necessary to properly access and use the Site.  QuantumDigital does not guarantee that the Site or any portions thereof will function on or in connection with any particular Device, software, operating system, carrier, or network.  If you access or use the Site through a particular Device, then you hereby acknowledge and agree that information about your use of the Site through that Device or its carrier or network (such as, by way of example only, the identity of your Device, or your Device’s carrier or network) may be communicated to QuantumDigital and/or certain third parties (such as, by way of example only, your Device’s carrier or network). All or any part of the voice, message, and data fees, rates, charges, and taxes of your Device’s carrier or network, or another third party, may apply to your access or use of the Site. QuantumDigital is not responsible for, and you further accept full responsibility for, all Device carrier and network fees, rates, charges, and taxes which may apply, if any.

  4. Copyright; Ownership. The Site and all elements and derivatives of the Site (including, without limitation, all content, information, source codes, object codes, data, instructions, documentation, and expressions), as well as all copyrights, trademarks, trade secrets, and other intellectual properties of the foregoing (collectively, “Content”), are owned, licensed, or permissibly used by QuantumDigital. In no event shall you have or retain any rights, title, or interests in or to the foregoing other than those limited rights expressly granted to you under these TOU. No rights or permissions granted to you under these TOU are coupled with an interest. Nothing contained in these TOU shall be construed as a waiver or limitation of QuantumDigital’s or its licensors’ respective rights and remedies under applicable law. For the avoidance of doubt, these TOU permit you to use the Site for your personal, non-commercial use only. All Content is protected by United States and international copyright laws and other intellectual property laws, and any rights not expressly granted herein are reserved to QuantumDigital.

  5. User Account. 

    1. Registration. As explained further herein, to secure the right to access and use the registration-only pages or features of the Site, you may be required to register with and create a personal user account with QuantumDigital through the Site (a “User Account”), as well as reaffirm your acceptance of and agreement to these TOU and those additional terms, conditions and policies referenced herein, as QuantumDigital may require from time-to-time. As part of the registration process, you may be required to satisfy certain conditions precedent imposed by QuantumDigital (including, for example, providing additional information to QuantumDigital and entering into additional agreements with QuantumDigital). Unless otherwise permitted by QuantumDigital in writing, you may only have one (1) non-transferable User Account.

    2. User Account Activity and Information. You are responsible for all activity that occurs under your User Account and are prohibited from authorizing or allowing any third party to access or use your User Account. Accordingly, you should take all steps necessary to protect and keep secret your User Account details and access information (including your login name and password).  You should also maintain accurate, complete, and up-to-date information in your User Account (including, without limitation, maintaining a valid and current payment method and email address) because your failure to do so may result in your inability to access, use, or receive all or any part of the Site and/or QuantumDigital’s termination of these TOU. For the sake of security, you must immediately notify QuantumDigital if you suspect that a third party has gained access to or is making any use of your User Account without authorization. For the avoidance of doubt, QuantumDigital has the unencumbered right to access and use, and to allow its agents, employees, representatives, contractors, and vendors to access and use, the information in your User Account to facilitate the exercise and performance of QuantumDigital’s rights and obligations under these TOU, the operation of the Site, and/or any other rights, obligations, operations, products, and services related to the Site, your User Account, or the subject matter of these TOU (including, without limitation, payments and communications).

    3. Indemnification in Connection with User Account. IF YOU FAIL TO COMPLY WITH ANY TERMS OR CONDITIONS OF SECTION 5(B) ABOVE (WHETHER INTENTIONALLY OR UNINTENTIONALLY), THEN YOU ACCEPT FULL RESPONSIBILITY FOR THE CONSEQUENCES THEREOF (INCLUDING, WITHOUT LIMITATION, ANY UNAUTHORIZED CHARGES AND PAYMENTS, ANY UNAUTHORIZED CHANGES TO YOUR USER ACCOUNT INFORMATION AND SETTINGS, AND ANY UNAUTHORIZED ACCESS OR USE OF YOUR USER ACCOUNT); AND YOU AGREE TO INDEMNIFY, RELEASE, AND HOLD HARMLESS QUANTUMDIGITAL, QUANTUMDIGITAL’S PARENTS, SUBSIDIARIES, AND OTHER AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, OWNERS, PARTNERS, AGENTS, EMPLOYEES, REPRESENTATIVES, TRUSTEES, ASSIGNS, TRANSFEREES, CONTRACTORS, VENDORS, AND LICENSEES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, SUITS, DEMANDS, ACTIONS, JUDGMENTS, LOSSES, DAMAGES, FINES, PENALTIES, AND EXPENSES (INCLUDING COSTS AND REASONABLE OUTSIDE ATTORNEY FEES) INCURRED BY OR ASSERTED AGAINST ANY SUCH INDEMNITEES, ARISING OUT OF OR IN CONNECTION WITH YOUR FAILURE TO COMPLY WITH SUCH TERMS OR CONDITIONS.

  6. Rights, Permissions, and Consents.

    1. Use of Service. QuantumDigital provides the service of composing, printing, and finishing flexible bags, pouches and packages (the “Services”). The Services are available through the Site, and QuantumDigital authorizes you to use the Site and to access the Services provided you comply with the TOU. If you breach any of the terms of the TOU, your authorization to use the Site and the Services automatically terminates and you must immediately destroy any of the Content you have downloaded or otherwise obtained. Please note that in providing the Services, QuantumDigital neither makes any representation or guarantee as to the results you will achieve from using the Services, nor does QuantumDigital act as an agent, partner, joint venturer, or in any other capacity on your behalf or on behalf of any shipping carrier (e.g., United Parcel Service). All issues related to the delivery of printed products are matters solely between the shipping carrier and yourself. You agree that the title and risk of loss for printed products transfer to you upon QuantumDigital’s delivery to the shipping carrier.

    2. Use of Software. All software made available to you by QuantumDigital (the “Software”) is for you to use solely in accordance with the TOU. You may not reproduce, modify, distribute, or otherwise make available the Software to any third party. Further, you may not use the software in a service bureau or other similar manner for the benefit of any third party. Any use of the Software not in accordance with the TOU is expressly prohibited by law and may result in civil and criminal penalties against you. Violators of these restrictions will be prosecuted to the maximum extent possible. Any Software which is downloaded or otherwise accessed on the Site for or on behalf of the United States of America, its agencies and/or instrumentalities (collectively, the “U.S. Government”) is provided with Restricted Rights (as defined below). Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is QuantumDigital, Inc., 8702 Cross Park Dr., Austin, TX 78754. Without limiting the foregoing, copying or reproduction of the Software to any other server or location for further use, reproduction, or redistribution is expressly prohibited.

    3. License of the Site. Subject to the terms and conditions of these TOU, QuantumDigital grants you a limited, non-exclusive, personal, freely-revocable, non-transferable, and non-sub-licensable license to access and view the various publicly displayed pages of the Site, and to view the information and content found thereon. You must not access or use for any commercial purposes any part of the Site or any services or materials (including, without limitation, the Services) available on or through the Site. Your unauthorized use of the Site, or any breach by you of these TOU, automatically terminates this license. NOTWITHSTANDING THE FOREGOING OR ANYTHING TO THE CONTRARY HEREIN, QUANTUMDIGITAL HAS THE RIGHT, BUT NOT THE OBLIGATION, TO SUSPEND OR TERMINATE THE FUNCTION OR EXISTENCE OF ALL OR ANY PART OF THE SITE, AND QUANTUMDIGITAL SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE THAT IS CAUSED BY OR ARISES FROM OR IN CONNECTION WITH ANY SUCH SUSPENSION OR TERMINATION (INCLUDING, WITHOUT LIMITATION AND BY WAY OF EXAMPLE ONLY, REFUNDS, LOST PROFITS, LOST OPPORTUNITIES, MONETARY DAMAGES, DISRUPTION IN OR LOSS OF SERVICE, OR LOSS OF CONTENT). 

    4. License of User Materials. All names, information, statements, communications, and any other content that you submit to or publish on, through, or in relation to the Site, including those which you submit to or publish on any online social media account that you own and link or otherwise associate with the Site, if any and as applicable, is hereinafter defined as the “User Materials”. You hereby grant QuantumDigital an irrevocable, non-exclusive, royalty-free, fully-paid, transferable, sub-licensable, perpetual, and universe-wide license for QuantumDigital to host, store, reproduce, transmit, distribute, sell, resell, license, sublicense, market, modify, adapt, create derivative works, communicate, publish, syndicate, publicly perform, publicly display, archive, and otherwise use and exploit all or any part of such User Materials and any elements and derivatives thereof in any language, manner, medium, or form, whether now known or hereinafter devised, as QuantumDigital sees fit in its sole discretion. THE USER MATERIALS MIGHT BECOME THE SUBJECT OF PUBLIC DISCLOSURE. THUS, QUANTUMDIGITAL IS NOT RESPONSIBLE FOR, AND EXPRESSLY DISCLAIMS ANY LIABILITY ARISING FROM OR IN CONNECTION WITH, ITS USE OF ANY USER MATERIALS IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS TOU.   For the avoidance of doubt, the foregoing is not intended to conflict with any provision of the Privacy Policy.  

    5. Refusal of Service. You understand that QuantumDigital has no obligation to monitor your use of the Services and the materials you develop with the Services. QuantumDigital does, however, reserve the right to review the same and to remove (and/or suspend the Services with respect to) any materials that QuantumDigital believes (in its sole discretion) are illegal or otherwise improper. QuantumDigital also reserves the right, in its sole discretion, to require proof that you are authorized to distribute the content developed with the Services.

    6. Modifications to the Site.  QuantumDigital reserves the right, for any reason and in its sole discretion and without prior notice, to (i) terminate, change, suspend or discontinue any aspect of the Services, the Content, and/or the Site (including features and hours of availability) and (ii) impose limits on certain features of the Site or restrict your access to part or all of the Site.

    7. Reservation of Rights. Nothing in these TOU restricts or limits QuantumDigital’s rights, title, or interests in or to the Site, the Services, the Software, the User Materials, or any elements or derivatives of the foregoing.

  7. User Conduct. You are solely responsible for the content and context of all items and materials you compose or otherwise distribute in using the Services (including, without limitation, the User Materials). You warrant and agree that, while accessing the Site or any Content and during or as a result of using any Service, you shall not:

    1. Harass, threaten, embarrass, or cause distress or discomfort upon another party; 

    2. Transmit or otherwise distribute any information, data, text, files, links, software, messages, communications, or other materials that may be considered unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, or racially, ethnically, or otherwise objectionable;

    3. Impersonate any other person or entity or misrepresent your affiliation with any other person or entity; 

    4. Violate any applicable laws, rules, or regulations or otherwise use the Services in any manner that violates any applicable laws, rules, or regulations (including laws, rules, and regulations relating to unsolicited messages or calls and U.S. export requirements);

    5. Upload, publish, transmit, reproduce, or distribute in any way information, software, or other material that is protected by copyright or other intellectual property rights, without first obtaining proper permission; 

    6. Upload, publish, transmit, reproduce, or distribute any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, or otherwise objectionable information of any kind (including any transmissions constituting or encouraging conduct that would constitute illegal activity, give rise to civil liability, or otherwise violate any local, state, national or foreign law, rule, or regulation); and

    7. Violate the Direct Marketing Association’s Guidelines for Ethical Business Practice and all federal, state and local laws, statutes, rules and regulations, including without limitation all applicable “do not call” legislation, when using list data provided through an applicable QuantumDigital product or service line. 

  8. Disclaimers; Releases. 

    1. NO WARRANTIES; LIMITATIONS ON LIABILITY. THE SITE, THE SOFTWARE, AND ALL OTHER CONTENT AND SERVICES ARE PROVIDED “AS IS” AND QUANTUMDIGITAL HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SITE, THE SOFTWARE, AND ALL OTHER CONTENT AND SERVICES, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY (WHETHER EXPRESS, IMPLIED, OR STATUTORY), FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. FURTHER, QUANTUMDIGITAL DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULTS OF THE USE OF THE SITE OR THE SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE AND DOES NOT WARRANT THAT THE OPERATION OF THE SITE, THE SERVICES, OR ANY OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. QUANTUMDIGITAL EXPRESSLY DISCLAIMS ANY WARRANTIES NOT STATED HEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL QUANTUMDIGITAL (INCLUDING ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS) BE LIABLE FOR ANY DAMAGES (INCLUDING ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, EXPENSES, LOST PROFITS, LOST SAVINGS, BUSINESS INTERRUPTION, LOST BUSINESS INFORMATION, OR ANY OTHER DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, THE SERVICES, OR ANY OF THE SOFTWARE) EVEN IF QUANTUMDIGITAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT THE APPLICABLE FEES AND PRICES REFLECT THIS ALLOCATION OF RISK. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. IF THE FOREGOING LIMITATION OF LIABILITY IS NOT ENFORCEABLE FOR ANY REASON, THEN IN NO EVENT SHALL QUANTUMDIGITAL’S LIABILITY TO YOU FOR ANY MATTER ARISING UNDER OR RELATING TO YOUR USE OF THE SITE, THE CONTENT, OR THE SERVICES EXCEED THE TOTAL AMOUNT YOU PAID TO QUANTUMDIGITAL WITH RESPECT TO THE PARTICULAR SERVICES GIVING RISE TO THE CLAIM DURING THE IMMEDIATELY PRECEDING TWELVE (12) MONTHS.

    2. LIMITATION OF REMEDIES. IF QUANTUMDIGITAL BREACHES OR OTHERWISE VIOLATES THIS AGREEMENT, THEN IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, SPECULATIVE, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR IN RELATION TO SUCH BREACH OR OTHER VIOLATION, EVEN IF QUANTUMDIGITAL HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.

    3. NO INJUNCTIVE RELIEF. IF QUANTUMDIGITAL BREACHES OR OTHERWISE VIOLATES THIS AGREEMENT, THEN YOU SHALL NOT BE ENTITLED TO SEEK OR OBTAIN, AND YOU DO HEREBY WAIVE, ANY TYPE OF INJUNCTIVE RELIEF AGAINST THE SITE AND/OR ANY PRODUCTS OR SERVICES MADE AVAILABLE ON, THROUGH, OR IN RELATION TO THE SITE AS A RESULT OF SUCH BREACH OR VIOLATION. FOR THE AVOIDANCE OF DOUBT, THE FOREGOING LIMITATION ON INJUNCTIVE RELIEF DOES NOT LIMIT YOUR ABILITY TO SEEK OR RECOVER ANY MONETARY REMEDIES AUTHORIZED BY LAW IN THE EVENT OF ANY SUCH BREACH OR OTHER VIOLATION (EXCEPT FOR THOSE WHICH ARE OTHERWISE EXPRESSLY PRECLUDED BY THIS AGREEMENT); PROVIDED, HOWEVER, THAT ANY SUCH NON-PRECLUDED CAUSE OF ACTION OR CLAIM IN CONNECTION WITH SUCH MONETARY REMEDIES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES, OR ELSE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

    4. GENERAL RELEASE OF CLAIMS. YOU HEREBY RELEASE AND HOLD HARMLESS QUANTUMDIGITAL, QUANTUMDIGITAL’S PARENTS, SUBSIDIARIES, AND OTHER AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, OWNERS, PARTNERS, AGENTS, EMPLOYEES, REPRESENTATIVES, TRUSTEES, ASSIGNS, TRANSFEREES, CONTRACTORS, VENDORS, AND LICENSEES FROM AND AGAINST ALL CLAIMS THAT YOU HAVE OR MAY HAVE AGAINST THEM FOR INFRINGEMENT, VIOLATION OF THE RIGHTS OF PRIVACY OR PUBLICITY, DEFAMATION, DISPARAGEMENT, UNPAID BENEFITS, UNPAID WAGES, OVERTIME, DISCRIMINATION, PERSONAL INJURY, PROPERTY DAMAGE, NEGLIGENCE, AND/OR ANY OTHER LEGAL THEORY ARISING FROM OR IN CONNECTION WITH THE SITE, THE PRODUCTS OR SERVICES MADE AVAILABLE ON, THROUGH, OR IN RELATION TO THE SITE, AND/OR THE RIGHTS AND PRIVILEGES GRANTED OR CONVEYED BY YOU UNDER THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, THOSE RIGHTS AND PRIVILEGES RELATING TO THE USER MATERIALS AND/OR ANY ELEMENTS, DERIVATIVES, OR MARKETING OF THE FOREGOING).  FURTHER, YOU WAIVE YOUR RIGHT TO, AND IN NO EVENT SHALL YOU SEEK TO, (A) ENJOIN QUANTUMDIGITAL, ANY OF QUANTUMDIGITAL’S OFFICERS, DIRECTORS, MEMBERS, MANAGERS, OWNERS, PARTNERS, AGENTS, EMPLOYEES, REPRESENTATIVES, PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, TRUSTEES, ASSIGNS, TRANSFEREES, CONTRACTORS, VENDORS, OR LICENSEES OR (B) EXERCISE ANY OF THE RIGHTS OR PRIVILEGES GRANTED OR CONVEYED BY YOU UNDER THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, ANY OF YOUR RIGHTS OR PRIVILEGES RELATING TO THE USER MATERIALS).

YOU ALSO HEREBY WAIVE ANY RIGHTS YOU MAY HAVE UNDER SECTION 1542 OF THE CALIFORNIA CIVIL CODE AND ANY OTHER STATUTE OR COMMON LAW PRINCIPLE OF SIMILAR EFFECT, WHICH PROVIDES:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY”.

  1. Links to Other Sites. Links to third party websites on the Site are provided solely as a convenience to you. If you use these links, you will leave the Site. QuantumDigital does not control and is not responsible for any of these third party sites or their content. Thus, QuantumDigital does not endorse or make any representations about them, any information, software, or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to the Site, you do so entirely at your own risk.

  2. Transactions.

    1. Products and Services. QuantumDigital or its affiliates or licensees might offer, sell, license, or otherwise make available various products or services (which may include QuantumDigital’s own products and services or the products and services of third parties) on, through, or in relation to the Site, some of which might only be made available to you upon completion and submission of an online form or other instructions provided to you by QuantumDigital or which may be available exclusively online or in limited quantities on or through the Site. QuantumDigital has the right to refuse any of its products and services to you or to any geographic region or jurisdiction, including if it suspects that you are in any way involved in fraudulent or illegal activity and may contact your payment method issuer, law enforcement, or others and share information relating to your payments, as applicable, if QuantumDigital believes doing so will prevent a violation of the law or financial loss.

    2. Pricing, Billing, and Sales. Sales transactions conducted on or through the Site will take place through a shopping cart system (the “Shopping Cart”) and may be subject to any additional terms and conditions of any third-party vendor hosting the Shopping Cart. Once you proceed to “check-out” or the like, you will be able to review your order, update quantities, remove items, and enter promotional codes, if any, as applicable. QuantumDigital’s relationship with its third-party payment processing vendors, if any, is merely contractual in nature, as it is nothing more than a third-party vendor and is in no way subject to QuantumDigital’s direction or control. Thus, their relationship is not, and should not be construed as, one of fiduciaries, franchisors-franchisees, agents-principals, employers-employees, partners, joint venturers, contractors, or the like. Prices for, and descriptions of, any products or services offered on or through the Site are subject to change without notice and in the sole discretion of QuantumDigital. By submitting an order for any products or services offered on or through the Site you agree to pay the price in effect for the applicable product or Service. You also agree to be responsible for all payments, fines, penalties, and other liabilities incurred by QuantumDigital that arise out of or relate to payments that you authorize on or through the Site (including, without limitation, all fees, penalties, taxes, and duties) and to be responsible for all expenses (including costs and reasonable outside attorney’s fees) and interest incurred by QuantumDigital, such person or entity to collect any overdue amounts owed by you to QuantumDigital.

    3. No Refunds. Please review your order information carefully before placing your order, as placed orders cannot be changed, cancelled, or refunded. QuantumDigital reserves the right to discontinue any product or service at any time. For any questions regarding pricing or billing, please contact us at [email protected].

  3. User Representations, Warranties, and Covenants. You represent, warrant and covenant to QuantumDigital that: (a) you are a natural person and of eighteen (18) years of age or older, or otherwise the age of majority in your jurisdiction; (b) you have read and understand these TOU in their entirety; (c) you have the full right and authority to enter into and abide by the terms and conditions of these TOU; (d) you understand and acknowledge that, by accepting these TOU, you are giving up certain legal rights and remedies; (e) you voluntarily accept and agree to, and will fully comply with, the terms and conditions of these TOU; (f) you will not violate any applicable international, federal, state, or local laws which may concern the Site, the Site’s servers or any information, communications, or content found on or through them; (g) you are the exclusive owner of all rights, title, and interests in and to the User Materials (including, without limitation, all copyrights, trademarks, patents, trade secrets, rights of publicity, and rights of privacy) and/or, if applicable, have secured all necessary rights and permissions from all subjects depicted in, and all persons and entities who contributed to, the User Materials to allow for your performance and grant of rights hereunder; (h) the User Materials are wholly original to you; (i) the User Materials do not and will not infringe upon or otherwise violate the proprietary, publicity, or privacy rights of any person or entity; (j) the User Materials do not and will not defame, disparage, embarrass, or disclose confidential, private, or personal information about or belonging to any person or entity; (k) nothing contained in the User Materials is or will be, or contains or will contain, links to material that is profane, indecent, obscene, threatening, abusive, illegal, false, misleading or any form of spam, malware, virus, bug, bot, spyware, or other malicious or tracking technology; (l) QuantumDigital is not required to seek the permission of or compensate any third party to exercise any of the rights granted by you under these TOU; (m) no obligation, disability, agreement, or adverse claim exists that may restrict your performance or grant of rights hereunder; (n) all information you provide to QuantumDigital in connection with your access or use of the Site and/or the Services is truthful and accurate; and (o) you are not listed on any United States government list of prohibited or restricted parties.

  4. Indemnification. YOU HEREBY AGREE TO INDEMNIFY, RELEASE, AND HOLD HARMLESS QUANTUMDIGITAL, QUANTUMDIGITAL’S PARENTS, SUBSIDIARIES, AND OTHER AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, OWNERS, PARTNERS, AGENTS, EMPLOYEES, REPRESENTATIVES, TRUSTEES, ASSIGNS, TRANSFEREES, CONTRACTORS, VENDORS, AND LICENSEES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, SUITS, DEMANDS, ACTIONS, JUDGMENTS, LOSSES, DAMAGES, FINES, PENALTIES, AND EXPENSES (INCLUDING COSTS AND REASONABLE OUTSIDE ATTORNEY FEES) INCURRED BY SUCH INDEMNITEES, OR ASSERTED AGAINST SUCH INDEMNITEES BY THIRD PARTIES, ARISING OUT OF OR IN CONNECTION WITH (A) YOUR ACTS, ERRORS, OR OMISSIONS, (B) YOUR USE OF THE SITE OR ANY PRODUCTS OR SERVICES MADE AVAILABLE ON, THROUGH, OR IN RELATION TO THE SITE IN ANY MANNER CONTRARY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, (C) YOUR VIOLATION OF THE RIGHTS OF OR OTHER INJURY TO ANY THIRD PARTY, AND/OR (D) YOUR BREACH OF ALL OR ANY PART OF THIS AGREEMENT.

  5. Site Administration. QuantumDigital administers the site from its offices at 8702 Cross Park Drive, Austin, Texas. QuantumDigital makes no representation that the Site, the Content, or any Services are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials at the Site or any copy or adaptation in violation of any applicable laws or regulations (including U.S. export laws and regulations). If you choose to access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.

  6. Electronic Communications. 

    1. Express Consent. You hereby expressly consent to QuantumDigital sending or otherwise communicating with you for any purpose (including, without limitation, for advertising, telemarketing, or other marketing or promotional purposes, or for sending or notifying you about special offers, updates, newsletters, or other information purposes) via any electronic means or forms as QuantumDigital deems appropriate in its sole discretion, whether through the Site, through your User Account, by personal communication, by email, by automatic telephone dialing system, by telephone, by artificial or prerecorded voice, by online social media, by text message (e.g., short message service a/k/a SMS, and multimedia messaging service a/k/a MMS) or by other electronic media means or forms. By giving such consent, you agree that no such communication shall violate the CAN-SPAM Act, the Telephone Consumer Protection Act, or any other applicable laws, rules, or regulations. Voice, message, and data fees, rates, charges, and taxes may apply to you, and you are responsible for payment of the same. You are not required to grant the foregoing consent as a condition for the purchase or license of any QuantumDigital products or services.

    2. Email Opt-Out. You may opt-out of receiving any electronic messages from QuantumDigital as described in Section 14(a) above at any time by any reasonable means, including, without limitation and by way of example, by sending an email to [email protected] with a subject line of “Opt-Out of Electronic Communications.” You acknowledge that opting out of receiving any such communications may impact your receipt, the success, and/or the performance of all or any part of the Site and/or your ability to receive certain messages or notifications from QuantumDigital.

  7. General Provisions. 

    1. Entire Agreement. The TOU comprises the entire agreement between you and QuantumDigital and supersedes all prior agreements between the Parties regarding the subject matter contained herein. If you become dissatisfied with the Site, the Content, or the Services in any way, your sole recourse is to immediately discontinue use of the same.

    2. Severability. If any provision of the TOU is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to effect the intent of such provision and the remainder of the TOU shall continue in full force and effect. 

    3. Waivers. The failure by QuantumDigital to exercise or enforce any rights or provisions of the TOU shall not constitute a waiver of such right or provision. 

    4. Contractual Limitation on Claims. You agree that any cause of action arising out of, or related to, the Site, the content, or any Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. 

    5. Governing Law; Venue. The TOU will be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of laws. All matters arising hereunder shall have an exclusive venue in Travis County, Texas, and you agree to the exclusive jurisdiction of the state and federal courts located in Travis County, Texas. 

    6. Survival. All provisions in the TOU regarding representations and warranties, indemnification, disclaimers, and limitations on liability shall survive any termination of the TOU or your use of the Site, the Content, or the Services. 

    7. Interpretation. Where the context so indicates, a word in the singular form shall include the plural, a word in the masculine form the feminine, and vice-versa. The term “include” and similar terms (e.g., includes, including, included, comprises, comprising, such as, e.g., for example), when used as part of a phrase including one or more specific items, are used by way of example and not of limitation.

    8. Force Majeure. QuantumDigital shall not be liable for delays in performance caused by any act of God, fire, or other casualty, accident, strike, shortage of labor or materials, governmental action, industrial disturbance, pandemic, epidemic, or any other cause beyond QuantumDigital’s reasonable control, and the time for QuantumDigital’s performance shall be extended by the period of any such delay. 

    9. Notice. Unless otherwise expressly stated in these TOU, QuantumDigital may give or deliver all other notices to you by means of a general notice posted on this or another page of the Site, as applicable, or by email to your email address as you may provide to QuantumDigital on or through the Site, and such notices shall be deemed effective as of their stated effective dates.

    10. Relationship. In no event shall these TOU, the performance of a Party’s rights or obligations under these TOU, the Site, or a Party’s access or use of the Site create any type of fiduciary, franchise, agency, employment, independent contractor, partnership, or joint venture relationship between you and QuantumDigital.

    11. Electronic Signatures. If your acceptance of these TOU is further evidence by your affirmative assent to the same (e.g., by a “Check the Box” acknowledgment procedure), then that affirmative assent is the equivalent of your electronic signature to these TOU. However, your electronic signature is not required to evidence or facilitate your acceptance and agreement to these TOU, as you agree that the conduct described in these TOU relating to your acceptance and agreement to these TOU alone suffices.