Terms of Use
Terms of Use for the Qflix™ Web Site. Welcome to the Qflix™ Web Site (the "Site"). By using the Site, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms of Use ("Terms") and any other posted guidelines or rules applicable to the Site. All such guidelines and rules are hereby incorporated by reference into these Terms. Therefore, please review these Terms carefully. If you do not agree with any aspect of these Terms do not use this Site.
Entire Agreement; Amendments. These Terms constitute the entire agreement between you and Sonic Solutions ("Sonic") with respect to your use of the Site. These Terms supersede all prior and contemporaneous agreements, representations and warranties and understandings, whether oral or written, with respect to the Site, the Site contents and any services provided on the Site. In the event of any conflict between these Terms and any other agreement or understanding related to the Site, these Terms shall control. These Terms may be amended by Sonic from time to time and your only notice of such amendment shall be the posting of the amended Terms on the Site. You are therefore advised to review these Terms each time you visit the Site.
Submission of Ideas. If you have ideas regarding improvements or additions to the Qflixâ„¢ program or this Site, we would like to hear them - but any submission will be subject to these Terms. Under no circumstances shall any disclosure of any idea or related materials to Sonic be subject to any obligation of confidentiality or expectation of compensation. By submitting the idea and/or any related material to Sonic, you are waiving any and all rights that you may have in the idea or any related materials and are representing and warranting to Sonic that the idea and/or related materials are wholly original with you, that no one else has any rights in the idea and/or materials and that Sonic is free to implement the idea and to use the materials if it so desires, as provided or as modified by Sonic, without obtaining permission or license from you or any third party, and without obligation to pay or account to you in any way.
No License; Intellectual Property of Sonic and Others. Except as may expressly be provided within the Site, nothing within the Site shall be construed as conferring any license under any of Sonic's or any third party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Except as expressly provided to the contrary, you agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by Sonic in connection with the Site. You agree not to hold yourself out as in any way sponsored by, affiliated with, or endorsed by Sonic, any of Sonic's affiliates, or any of Sonic's service providers. You agree not to defame or disparage Sonic, the trademarks or service marks of Sonic, or any aspect of Sonic's products or services. You do not acquire any ownership rights to the Site or to any contents herein. All rights not expressly granted herein are reserved by Sonic.
Proprietary Notices. Qflix, the Qflix logo, Sonic, Sonic Solutions, the Sonic logo, Roxio, and the Roxio logo, are all either trademarks or registered trademarks of Sonic Solutions. All other marks that appear throughout the Site belong to Sonic Solutions or the respective owners of such marks, and are protected by U.S. and international copyright and trademark laws. Any use of any of the marks appearing throughout the Site without the express written consent of Sonic Solutions or the owner of the mark, as appropriate, is strictly prohibited.
Indemnity and Release. By using the Site you agree to indemnify Sonic and its parents, subsidiaries, affiliates, officers, and employees and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of the Site or from any person's use of any account or password you maintain with any portion of Site, regardless of whether such use is authorized by you. By using the Site, you hereby agree to release Sonic and its subsidiaries, affiliates, officers, and employees from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to your use of the Site or any materials contained within the Site. You hereby agree to waive all laws that may limit the efficacy of such releases. For example, you specifically agree to waive the provisions of California Civil Code Section 1542, which provides "a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which is known by him or her must have materially affected his settlement with the debtor."
Disclaimer. THE INFORMATION ON THIS SITE IS PROVIDED "AS IS" AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTIBILITY, NON-INFRINGEMENT, TITLE AND FITNESS FOR A PARTICULAR PURPOSE).
Limitation of Liability. IN NO EVENT WILL SONIC BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING ANY LOST PROFITS, LOST DATA, OR LOST SAVINGS, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY EVEN IF SONIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states do not allow the exclusion or limitation of special, incidental, or consequential damages, so the above exclusion or limitation may not apply to you.
Non-waiver and Severability. Sonic's failure to exercise any right or provision of these Terms shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of these Terms 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 agree that the other provisions of these Terms remain in full force and effect.
Violations. If you violate these Terms or any other rights of Sonic, we reserve the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts with respect to this Site.
Governing Law. By using this Site, you agree that these Terms shall be governed by and construed in accordance with the laws of the State of California, United States of America, without regards to its conflict of law rules. By using this Site you also agree that all litigation arising out of or in connection with these Terms shall be brought in the state courts of Marin County, State of California, United States of America or, for matters involving federal jurisdiction, in the United States District Court for the Northern District of California.