1. Acceptance of Terms
QuestBid provides a collection of online resources, including anonymous consumer requests, forum, calls to service providers authorized by consumers and various email services, (referred to hereafter as "the Service") subject to the following Terms of Service ("TOS"). By using the Service in any way, you are agreeing to comply with the TOS. In addition, when using particular QuestBid services, you agree to abide by any applicable posted guidelines for all QuestBid services, which may change from time to time. Should you object to any term or condition of the TOS, any guidelines, or any subsequent modifications thereto or become dissatisfied with QuestBid in any way, your only recourse is to immediately discontinue use of QuestBid. QuestBid has the right, but is not obligated, to strictly enforce the TOS through self-help, community moderation, active investigation, litigation and prosecution.
2. Modifications to This Agreement
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.
3. Nature of Request and Other Content
You agree that the form of Request is exclusively for consumers to express genuine service need. You can not circumvent this restriction to post advertisement for your business in the form of request. In another word, you are prohibited to post in the form of Request which leads to a transaction where you receive payment. However you are encouraged to post in the form of Bids and Proposals to sell your business.
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Service. You understand that QuestBid does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the QuestBid site and Content available through the Service may contain links to other websites, which are completely independent of QuestBid. QuestBid makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other webites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will QuestBid be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that QuestBid may or may not pre-screen or approve Content, and that QuestBid shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOS or for any other reason.
4. Third Party Content, Sites, and Services
The QuestBid site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of QuestBid, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that QuestBid shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that QuestBid is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release QuestBid, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
5. No Spam Policy
QuestBid does not participate in or tolerate the sending of Unsolicited Commercial Email (SPAM).
QuestBid reserves the right to cancel (without refund) any subscriber that mentions QuestBid or any of its associated websites, URLs, or any associated QuestBid email address in any SPAM e-mail message or Usenet posting.
By using this service, the client, and the voice over talent agree that QuestBid may determine what constitutes SPAM in its sole and absolute discretion.
6. Quality Control
QuestBid's stated goal is to reduce the volume of unsolicited information delivered via QuestBid. To that end, projects, auditions and any other communication may be monitored and filtered by QuestBid prior to delivery to Subscribers. All submitted content may be read by QuestBid staff members. Despite QuestBid filtering efforts, it is likely that some unsolicited information will be delivered anyway. It is also likely that some solicited information may not be delivered as a result of QuestBid filtering efforts.
Information is delivered via Internet email and is not to be considered private. Internet e-mail delivery is not one hundred percent (100%) reliable and QuestBid cannot be held responsible for undelivered messages or for missed income as a result of undelivered messages. QuestBid, at its own discretion, may supply to Subscribers the direct contact information of any user of the QuestBid service.
7. Products and Services Offered By QuestBid on the Site
QuestBid offers products and services on the Site. When you enroll to obtain a product or service from QuestBid on the Site, you accept the specific agreement applicable to that product or service. Your use of any such product or service offered on the Site is governed by the terms and conditions in the agreement for that product or service.
QuestBid does not warrant that any product descriptions or content contained in this Web site is accurate, current, reliable, complete, or error-free.
QuestBid DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
8. Patent Information
QuestBid may own one or more United States and international patents that apply to the Site.
9. Copyright Information
All contents of this Web site are: Copyright 2007 QuestBid. The Site and the content within the Site are the property of QuestBid and QuestBid, its owners, its clients, or its suppliers and are protected by United States copyright laws and international treaty provisions. The compilation, organization and display of the content as well as all software and inventions used on and in connection with this Site are the exclusive property of QuestBid. QuestBid reserves all rights in the Site and its content not specifically granted in any agreements with QuestBid or in the Terms of Use.
10. Copyright Complaints
QuestBid respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us.
11. Trademark Information
QuestBid and other marks indicated on our site are registered trademarks of QuestBid in the United States and/or other countries. Other QuestBid marks, graphics, logos, page headers, button icons, scripts noted on the Site are QuestBid's service marks, trademarks and trade dress and are the sole and exclusive property of QuestBid. QuestBid's service marks, trademarks and trade dress may not be used in any manner that is likely to cause confusion among customers, in any manner that disparages or discredits QuestBid and in connection with any service or product that is not sponsored, endorsed or produced by QuestBid. All other trademarks not owned by QuestBid, its clients, 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 QuestBid or its subsidiaries.
12. Limitations on Service
You acknowledge that QuestBid may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that QuestBid has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that QuestBid reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that QuestBid shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
13. Disclaimer of Warranties
YOU AGREE THAT USE OF THE QUESTBID SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE QUESTBID SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, QUESTBID DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE QUESTBID SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, QUESTBID DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE QUESTBID SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE QUESTBID SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, QUESTBID DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE QUESTBID SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
14. Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL QUESTBID BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF QUESTBID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE QUESTBID SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE QUESTBID SITE OR THE SERVICE, FROM INABILITY TO USE THE QUESTBID SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE QUESTBID SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE QUESTBID SITE OR THE SERVICE OR ANY LINKS ON THE QUESTBID SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE QUESTBID SITE OR THE SERVICE OR ANY LINKS ON THE QUESTBID SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
15. Indemnity
You agree to indemnify and hold QuestBid, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOS, your breach of any of the representations and warranties herein, or your violation of any rights of another.
16. Termination of Service
You agree that QuestBid, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if QuestBid believes that you have acted inconsistently with the letter or spirit of the TOS. Further, you agree that QuestBid shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.
17. General Information
The TOS constitute the entire agreement between you and QuestBid and govern your use of the Service, superceding any prior agreements between you and QuestBid. The TOS and the relationship between you and QuestBid shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and QuestBid agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco, California. The failure of QuestBid 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. 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 Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
18. Violation of Terms
Please report any violations of the TOS, by flagging the posting(s) for review, or by contacting us.
