ACCOUNT AGREEMENT FOR QUESTARVIDEO.COM SERVICE
This is a legal agreement between you and Questar, Inc. (“Questar”) that defines your rights and obligations as a Member. As used herein, the term “Customer” shall be used to refer collectively to Guests and Members. To accept this Agreement and become a Customer, you must click “I HAVE READ AND AGREE TO THE ACCOUNT AGREEMENT” when prompted to do so. By clicking “I HAVE READ AND AGREE TO THE ACCOUNT AGREEMENT,” you are consenting to become a party to this Agreement and agreeing to be bound by all the terms and conditions of the Agreement. If you do not accept and agree to all the terms and conditions of the Agreement, then Questar cannot open an account for you to become a Customer, and you should discontinue the registration process.
Viewing and Buying Videos. This Service offers you the ability to buy Downloads, to view or preview audio-visual programs, and to become a Member and enjoy discounts on the purchase of Downloads, shipping benefits, and more favorable viewing opportunities for programs.
Printing this Agreement. You may print and keep a copy of this agreement by selecting the “Print Window” button above or by copying the agreement text into another application and printing from there.
Your Commitment. As a Guest, you are not making a monthly financial commitment and will only be charged when you select to make a purchase of a download, product, or subscription. As a Member, your commitment is on a month-to-month basis. If you have consented to become a party to this Agreement and become a Member with Questar, you may terminate your Membership at any time upon notice to Questar’s Customer Care at info@Questarvideo.com. Notices must be delivered no later than three days prior to the end of the monthly billing cycle during which your notice of termination was given in order for such termination to be effective at the end of such billing cycle. Notices delivered less than three days prior to the end of a billing cycle will be effective at the end of the next such billing cycle. No refund of subscription fees will be given, or proration made, for any portion of the billing cycle remaining after your termination notice has been given. Cancellation will be effective immediately, and you will not be charged for the following period. You shall remain responsible for all charges incurred prior to the effective date of termination. You also understand and agree that termination of your Membership is your sole remedy with respect to any dissatisfaction with Questar, the terms or conditions of your Membership agreement, the policies or practices of Questar in operating the Service, content available through the Service, or the amount or type of fees or billing methods used with the Service. You agree that Questar may suspend or cancel this Agreement immediately and without notice at any time Questar, in its sole discretion, determines that you have breached any term of this Agreement, your credit card has been declined, you have distributed your password or account information to any third party, or you have engaged in conduct that is inconsistent with the best interest of Questar and/or other Customers. Questar may also at its discretion modify or discontinue, temporarily or permanently, the Service or any part thereof with or without notice to you, and that in the event Questar discontinues the Service this Agreement shall be terminated, automatically, in which case Questar shall make a pro rata refund to you of any Membership fee you may have been charged in advance. The provisions of Paragraphs 6, 7, 8, 9, 10, 12, 14, and 15 will survive the termination of your Membership agreement.
- Basic Terms. Your use of the Service must be in conformance with the terms of this Agreement, and you agree that you will not acquire any rights in or to the Service, its components, software, or any content obtained through the Service as a result of being a Customer, other than as expressly set forth in this Agreement. Your relationship with Questar is one of a customer. By becoming a Member, you are purchasing a service. No employee-employer or agency relationship is created by your use of the Service. While as a Customer you are eligible for other services or products that may be offered by Questar, Questar has no obligation to offer such services or products to you.
- License Grant. If you are registering to become a Customer, Questar hereby grants you a non-exclusive, non-transferable revocable license to use the object code copy of the software (the “Software”) distributed with this Agreement that you may need to purchase Downloads from the Service, and to access the features of the Service. The permitted purpose of the license shall be in connection with use of the features of the Service during the period you are a Member and for no other purpose. The term of the license shall be for the period you are a Customer only. It does not become effective until you are a Customer and shall terminate, automatically and without further notice, upon the cancellation or other termination of your account. You agree that you will not (a) use the Software to provide any service to any third party; (b) circumvent or disable any features or measures of the Software; or (c) remove, obscure, or alter any proprietary notices or trademarks of Questar that are on or part of the Software.
- Purchase of Downloads. Downloads are files of audio-visual programs that are downloaded to and stored on the hard drive of your computer and may be played as often as you like on the same personal computer to which they are downloaded, all in conformance with the rules applicable to each Download when it is purchased. Downloads may be purchased individually or in some cases as a bundle. However, each purchase of a Download shall be deemed a final, nonrefundable sale. You do not need to be a Member in order to buy Downloads. You may not use Downloads in a manner that exceeds the permitted uses assigned by Questar. Further details on how Downloads may be used can be found within the Help section of the Service.
- Membership Service Benefits. A Member is a Questar registrant for the subscription features of the Service. In addition to being able to buy Downloads from the Service, Members are able to enjoy programs from Questar in other ways. Members may also stream during the period of their membership as many of the programs made available by Questar to Members on-demand as many times as he or she likes. Members may also, at times, be given discounts on purchases of downloads, and discounts and special shipping terms on purchases of DVD products.
- Account Requirements. To open an account or purchase Downloads from the Service, and to become a Member, and to maintain your status as a Member, you must observe the following requirements.
- By opening an account, you are certifying that you are a resident of the United States and that you are capable of entering a contract under the laws of your jurisdiction. By applying to become a Member, you are additionally certifying that you are a real person (not a company) and are at least 18 years old. You may establish an account only for yourself, and not for any other person.
- You warrant that the information that you provide during the registration process and in all other communications with Questar is true, accurate, current, and complete and will not violate any law or regulation or infringe the rights of any third party. You further agree to update all information provided during registration as necessary to keep it accurate, current, and complete.
- You will be solely responsible for obtaining and maintaining your access to the Internet for the purpose of using the Service, for all equipment and connections required for that purpose, and for the payment of all fees and expenses required for such access, even when Questar offers a free trial of the use of the Service.
- You will be asked during the registration process to provide Questar with certain credit card information. You acknowledge that the complete privacy of your data and messages transmitted while registering or using the Service cannot be guaranteed and agree that you will consult the terms and conditions imposed by your credit card issuer for notification requirements and limitations on your liability for loss, theft, or unauthorized use of your credit card. You agree that you, and not Questar, will be solely responsible for the payment of all amounts billed to your credit card by unauthorized third parties.
- You must agree to the Terms of Service that is set forth at this link: Terms of Service .
- Credit Card Charges. The charges for Downloads are described in the Service with respect to each Download, whether sold individually or collectively in the form of a bundle. All payments for Downloads (including any applicable taxes) must be made by credit cards. Prices for Downloads are subject to change without notice. Errors will be corrected when discovered, and Questar reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Questar will issue a credit to your credit card account in the amount of the charge. The charges for the features of Membership may be found in the Membership section of the Service. Questar reserves the right to change its Membership Service features, its fees and billing methods, or add new fees or charges, at any time, by giving notice in the same manner as described in Paragraph 11 hereof for notices of modifications to this Agreement. Your billing cycle will be one calendar month, which will always begin and end on the same day of the month that your account began. At the beginning of each cycle, the charges for your Membership that are then in effect for the next month, together with any government taxes imposed on your use of the Service, will be billed in advance to the credit card you designated during the registration process or have subsequently designated via online modifications to your Account Information or directly to Questar’s Customer Care. Charges for features of your Membership other than the Membership Service, together with any applicable government taxes, are billed to your credit card at the end of each cycle in which such charges were incurred. By providing your credit card information, you are authorizing Questar to charge the fees and charges for your Membership Service to your credit card. All fees and charges are non-refundable. Unless terminated as set forth in the Questar Help, My Account/Account Information section of the Service, your Membership will continue automatically on a month-to-month basis. You agree to report to Questar’s Customer Care all disputes you have with a charge appearing on your credit card statement within 60 days after the appearance of such charge on your credit card statement, and you further agree that all charges will be deemed accepted, and your right to dispute any charge on your credit card statement waived by you, if you do not report your dispute to Questar’s Customer Care within 60 days of the appearance of a disputed charge on a credit card statement.
- Trial. Questar may offer a free trial use of a Membership Service for new or existing Customers. Some free trials may be available only to new Customers and some free trials may be available only to existing Customers. If you accept a free trial for a Membership Service, Questar will begin to charge your credit card for the fees associated with the Service that is part of the free trial when the free trial expires, unless you cancel your Membership before that time. Note also that a free trial of a Membership Service does not include Downloads, which may be purchased during the free trial for an additional charge on your credit card in the amount of all such purchases. If you elect to cancel your Membership during the free trial period, you may do so by selecting the appropriate links on the Service Info page, within the My Account section of the Service.
- Other Sites. Questar may provide links to other web sites, which may charge separate fees that are not included in any service or other fees that you may pay to Questar. Questar may also provide access to third-party vendors that provide content, goods, or services in addition to the content, goods, and services offered by Questar. Any separate charges or obligations you incur in your dealings with these third parties are your sole responsibility.
- Personal and Non-Commercial Use. The Service, and all content made available to you through the Service, is made available to you for your personal, non-commercial use only. Except as expressly provided in this Agreement and in the terms and conditions of your Membership Service, you agree that you will not modify, copy, distribute to third parties, retransmit, display, perform, license, reverse engineer, decompile, disassemble, or sell any component of the Service, any content received through the Service, or any information or materials obtained from using the Service, either from Questar or as a result of your own experience using the Service, to anyone without the prior written consent of Questar. You further agree that you will not download audio-visual programs from outside the United States and that you will obtain Downloads and other content accessed from the Service solely by means of personal manual selection and not by means of any automated system. You acknowledge that Questar retains exclusive ownership of each component of the Service, and the collection, arrangement, and assembly thereof, and all intellectual property rights associated therewith, including all copyright, patent, trademark, trade secret, and other proprietary rights. All rights to content that may be accessed through use of the Service are the property of the respective content owners, and your status as a Customer or your use of such content does not grant you any rights to such content. Any unauthorized reproduction, publication, further distribution or public exhibition of materials provided on the Service, in whole or in part, is strictly prohibited. Content obtained by use of the Service may be deemed objectionable to some people. Questar encourages you to use your discretion while selecting, sampling, and listening to content obtained through the Service. The Service is intended for use by individuals of at least thirteen years of age or older and is not directed for use by children under the age of thirteen. Questar encourages you to actively monitor and participate in any use of the Service by your children.
- DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THAT THE SERVICE IS BEING PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, QUESTAR DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND REGARDING THE SERVICE AND THE PRODUCTS AND SERVICES OFFERED THROUGH THE SERVICE OR ANY PORTION THEREOF, EITHER EXPRESS OR IMPLIED BY LAW, CUSTOM, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. QUESTAR FURTHER DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO SERVICE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL OR ANY DAMAGE TO YOUR COMPUTER SYSTEM THAT RESULTS FROM ITS USE WITH THE SERVICE OR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
- LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU HEREBY AGREE THAT NEITHER QUESTAR NOR ITS PARENT OR ANY OF ITS SUBSIDIARIES, OFFICERS, DIRECTORS, OR EMPLOYEES WILL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE, PROFITS, DATA, OR OTHER INTANGIBLE LOSSES ARISING IN CONNECTION WITH THIS AGREEMENT OR THE USE OF, OR INABILITY TO USE, THE SERVICE OR THE QUESTAR WEBSITE, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED THROUGH THE SERVICE, EVEN IF QUESTAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT QUESTAR’S LIABILITY TO YOU OR ANY ONE ELSE IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) $100.00 AND (B) THE TOTAL DOLLAR AMOUNT OF ALL PAYMENTS MADE BY YOU TO QUESTAR IN THE 12 MONTHS PRIOR TO THE ACTION ALLEDGEDLY GIVING RISE TO LIABILITY. IN THE EVENT THAT YOU JOIN OR BECOME A PARTY TO AN ACTION OR LAWSUIT THAT INCLUDES MULTIPLE PLAINTIFFS, YOU AGREE THAT YOUR SHARE OF ANY JUDGMENT, AWARD, OR SETTLEMENT WILL NOT EXCEED YOUR PRO-RATA SHARE OF THE AFOREMENTIONED AMOUNT. YOU ACKNOWLEDGE AND AGREE THAT THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY REPRESENT BARGAINED FOR ALLOCATION OF RISK, AND THAT THE PRICING AND OTHER TERMS AND CONDITIONS OF THIS AGREEMENT REFLECT SUCH ALLOCATION OF RISK. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
- Indemnification. You agree to defend, indemnify, and hold harmless Questar, its parent, officers, directors, employees, and agents from any against any claims, actions, or demands, including, without limitation, reasonable legal, accounting, and expert witness fees, made by any third party due to or resulting from your use of the Service, any material accessed through the Service, or your violation of this or any other agreement between you and Questar.
- Modifications. Questar reserves the right to change the terms of this Agreement at any time. By opening an account and accepting this Agreement, you agree that Questar may change the terms of this Agreement. When the terms are changed, Questar will notify you by e-mail or online postings. The changes shall be effective thirty (30) days after the new Agreement is posted or e-mailed to you, whichever date is earlier. The changes will also appear in this document, which you can access at any time by selecting the Account Agreement link at the bottom of each page in the Service. You also agree to review this Agreement periodically to become aware of such changes. It is understood that your purchase of a Download from the Service or your continuation as a Member of Questar after Questar has notified account holders of a change in this Agreement implies your agreement to be bound by all of the changes to the Agreement. If you do not agree with this Agreement as it may be amended, your only remedy is to cancel your Membership or not purchase Downloads.
- Governing Law; Arbitration. This Agreement shall be governed by and interpreted in accordance with the law of the State of Illinois without regard to its provisions governing conflict of laws. Except for allegations that you have infringed or have threatened to infringe our intellectual property rights, you and Questar agree that any dispute or controversy between us, or arising under or concerning performance or breach of this Agreement, shall be settled by one arbitrator in binding arbitration, to be held in Chicago, Illinois, under the then-current rules of the American Arbitration Association. Judgment on the arbitration award may be entered in any court of competent jurisdiction. In the event Questar alleges that you have infringed or threatened to infringe Questar’s intellectual property rights, then, in addition to any other rights and remedies Questar may have, Questar may seek any preliminary or permanent injunctive relief from any court of competent jurisdiction. For such actions, you consent to the exclusive personal jurisdiction and venue of the federal and state courts in and for Cook County, Illinois and waive and all objections to, and affirmatively select, Cook County, Illinois as the appropriate venue for any such action.
- Customer Care Inquiries. You may contact Questar Customer Care at any time with comments or questions by e-mailing info@Questarvideo.com.
- Government End Users. The Software is a “commercial item” as that term is defined at 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire the Software with only those rights set forth therein.
- Miscellaneous. This Agreement, and all documents incorporated by reference, constitute the entire agreement between you and Questar pertaining to the subject matter hereof and supercede all prior agreements and understandings between you and Questar with respect to the subject matter hereof, whether written or oral. No amendment, modification, or supplement of any provision of this Agreement will be valid unless made in accordance with the express terms of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable under any circumstances, its application in any other circumstances and the remaining provisions of this Agreement shall not be affected. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign or transfer this Agreement, or any of your rights or obligations, without the prior written consent of Questar, which Questar can refuse. Nothing in this Agreement is intended to confer benefits, rights, or remedies unto any person or entity other than you and Questar and their permitted successors and assigns. Questar’s suppliers and co-brand partners are third-party beneficiaries of this Agreement.
- Notices. Questar is committed to respecting the intellectual property rights of others. In the event you believe that any content that appears in the Service, whether in recordings offered to be downloaded or streamed, any information provided to you by the Service, any software used in connection with the Service, any advertising appearing in the Service, or any material linked directly to the Service, infringes any copyright interest owned or controlled by you, please promptly send a notice to Questar by e-mail at info@Questarvideo.com, by mail to Questar Inc., Attn: Customer Service, 307 North Michigan Avenue, Suite 500, Chicago, IL 60601. The notice must contain the following information:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Questar to locate the material.
- Information reasonably sufficient to permit Questar to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement by you that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed