These Terms and Conditions of Use apply to the entire contents of this website under the domain names of www.QindBlogazine.co.uk and www.QindBlogazine.com.
These Terms and Conditions of Use are issued by Qind Limited.
Section I: General Terms
1 Introduction
Please read these Terms and Conditions of Use ("Terms") carefully. They contain the legal terms and conditions that govern your use of services provided to you by Qind Blogazine (pronounced Kind), including information, text, images, graphics, data or other materials ("Content") and products and services provided through www.Qind Blogazine.co.uk as well as all elements, software, programs and code forming or incorporated into www.QindBlogazine.com (the "Service"). This Service is operated by Qind Ltd ("Qind Blogazine"). Qind Blogazine is also referred to in these Terms as "we", "our", and "us".
By using our Service, you agree to be bound by Section I of these Terms ("General Terms"), which contains provisions applicable to all users of our Service, including visitors to the Qind Blogazine website (the "Site"). If you choose to register as a member of our Service or purchase products from the Qind Blogazine Shop, you will be asked to check a box indicating that you have read, and agree to be bound by, the additional terms set forth in Section II of these Terms ("Additional Terms"). If you intend to submit Creative Content (as defined in the Submission Agreement) to the Site you will be asked to check a box indicating that you have read and agree to be bound by the Submission Agreement at Section V.
2. Availability
This Service is provided by Qind Blogazine (pronounced Kind) on an "AS IS" and "AS AVAILABLE" basis and Qind Blogazine reserves the right to modify, suspend or discontinue the Service, in its sole discretion, at any time and without notice. You agree that Qind Blogazine is and will not be liable to you for any modification, suspension or discontinuance of the Service.
3. Privacy
Qind Blogazine has a firm commitment to safeguarding your privacy. Please review Qind Blogazine's Privacy Policy. The terms of Qind Blogazine's privacy policy are incorporated into, and form a part of, these Terms.
4. Trademarks Notice
All brand, product and service names used in this Service which identify Qind Blogazine or third parties and their products and services are proprietary marks of Qind Blogazine and/or the relevant third parties. Nothing in this Service shall be deemed to confer on any person any license or right on the part of Qind Blogazine or any third party with respect to any such image, logo or name.
5. Copyright Notice
Qind Blogazine is, unless otherwise stated, the owner of all copyright and data rights in the Service and its contents. Individuals who have posted works to Qind Blogazine are either the copyright owners of the component parts of that work or are posting the work under license from a copyright owner or his or her agent or otherwise as permitted by law. You may not reproduce, distribute, publicly display or perform, or prepare derivative works based on any of the Content including any such works without the express, written consent of Qind Blogazine or the appropriate owner of copyright in such works. Qind Blogazine does not claim ownership rights in your works or other materials posted by you to Qind Blogazine (Your Content). You agree not to distribute any part of the Service other than Your Content in any medium other than as permitted in these Terms or by use of functions on the Service provided by us. You agree not to alter or modify any part of the Service unless expressly permitted to do so by us or by use of functions on the Service provided by us.
6. Reporting Copyright Violations
Qind Blogazine respects the intellectual property rights of others and expects users of the Service to do the same. At Qind Blogazine's discretion and in appropriate circumstances, Qind Blogazine may remove Your Content submitted to the Site, terminate the accounts of users or prevent access to the Site by users who infringe the intellectual property rights of others. If you believe the copyright in your work or in the work for which you act as an agent has been infringed through this Service, please contact Qind Blogazine's agent for notice of claims of copyright infringement, Daniel Sowers who can be reached through violations@qindblogazine.com. You must provide our agent with substantially the following information, which Qind Blogazine may then forward to the alleged infringer:
- 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 at a single online site 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 the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please see Qind Blogazine's Copyright Policy for further information and details.
7. External Links
Qind Blogazine may provide links to third party websites or resources. Links to third party websites or resources are provided solely for your convenience. If you use these links you leave the Site. You acknowledge and agree that Qind Blogazine has not reviewed all of these third party websites or resources and is not responsible or liable for: the availability or accuracy of such websites or resources; or the Content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Qind Blogazine of such websites or resources or the Content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
8. Third Party Software
As a convenience, we may make third-party software available through the Service. To use the third-party software, you must agree to the terms and conditions imposed by the third party provider and the agreement to use such software will be solely between you and the third party provider. By downloading third party software, you acknowledge and agree that the software is provided on an "AS IS" basis without warranty of any kind. You acknowledge that in no event shall Qind Blogazine be liable for claims or damages of any nature, whether direct or indirect, arising from or related to any third-party software downloaded through the Service.
9. Conduct
You agree that you shall not interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service; or provide any information to Qind Blogazine that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose. You are prohibited from posting or transmitting to or from the Site any material:
- that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
- for which you have not obtained all necessary licences and/or approvals; or
- which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in the UK or any other country in the world; or
- which is technically harmful (including, without limitation, computer viruses, logic boms, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
Qind Blogazine does not endorse any content placed on the Service by third parties or any opinions or advice contained in such content. You agree to defend, indemnify, and hold harmless Qind Blogazine, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and expert fees, arising out of or in any way connected with your access to or use of the Services, or your violation of these Terms. If you breach any of the Terms your permission to use this Service automatically terminates and you must immediately destroy any downloaded or printed extracts from the Site.
10. Disclaimer
While Qind Blogazine endeavours to ensure that the information on this Site is correct, Qind Blogazine does not warrant the accuracy and completeness of the material on the Site. Qind Blogazine may make changes to the material on the Site, or to the products and prices described in it, at any time without notice. The material on the Site may be out of date, and Qind Blogazine makes no commitment to update such material.
The material on this Site is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, Qind Blogazine provides you with this Site on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to this Site.
11. Liability
11.1 Qind Blogazine, any other party (whether or not involved in creating, producing, maintaining or delivering the Site), and any of the Qind Blogazine’s group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise in any way or in connection with:
(a) the Site;
- the use, inability to use or the results of use of the Site;
- any websites linked to the Site or the material on such websites;
- your downloading of any material form the Site or any websites linked to the Site; or
- viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Site.
- Nothing in these Terms and Conditions of Use shall exclude or limit the Company’s liability for:
(a) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or
- fraud; or
- misrepresentations as to a fundamental matter; or
- any liability which cannot be excluded or limited under applicable law.
11.3 If your use of material on the Site results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
12. Amendment of the Terms
We reserve the right to amend these Terms from time to time in our sole discretion. If you have registered as a member, we shall notify you of any material changes to these Terms (and the effective date of such changes) by sending an email to the address you have provided to Qind Blogazine for your account. For all other users, we will post the revised terms on the Site. If you continue to use the Service after the effective date of the revised Terms, you will be deemed to have accepted those changes. If you do not agree to the revised Terms, your sole remedy shall be to discontinue using the Service.
13. General
These Terms constitute the entire agreement between Qind Blogazine and you with respect to your use of the Service. Qind Blogazine's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable. Qind Blogazine shall have the right to assign its rights and/or delegate its obligations under these Terms, in whole or in part, to any person or business entity. You may not assign your rights or delegate your obligations under these Terms without the prior written consent of Qind Blogazine. These Terms shall be governed by and construed in accordance with English law. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the English Courts.
14. Comments
If you have any comments or questions about the Service please contact us by email at help@qindblogazine.com.
Section II: Additional Terms
15. Registration
To register as a member of the Service or purchase products, you must be 18 years or lawfully permitted to enter into and form contracts under applicable law. Each registration is for a single user only. In no event may minors submit Content to the Service. You agree that the information that you provide to us upon registration, at the time of purchase, and at all other times during your use of the Service will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. Of particular importance is your email address as that is the primary way in which we will communicate with you.
16. Password
When you register as a member you will be asked to provide [user name] and a password. You are responsible for safeguarding your [user name] and password and you agree not to disclose your password to any third party. Qind does not permit you to share your user name and password with any other person nor with multiple users or networks. You agree that you shall be solely responsible for any activities or actions under your password, whether or not you have authorized such activities or actions. You shall immediately notify Qind Blogazine of any unauthorized use of your password.
17. Submitting Content
Chat Rooms and Forums - As a registered member of the Service, you will be granted the privilege of participating in chat rooms and forums on the Site as part of the Service, which means you may post Your Content in the form of text for display in these areas of the Qind Blogazine website, subject to your compliance with the Terms.
Creative Content - As a registered member of the Service, you will also be granted the privilege of submitting certain types of Your Content, known as "Creative Content," for display on your user page. Prior to submitting Creative Content, you must accept the additional terms and conditions of the Submission Agreement, which is incorporated into, and forms a part of, the Terms.
18. Copyright in Your Content
Qind Blogazine does not claim any ownership rights in Your Content. For the sole purpose of enabling us to make Your Content available through the Service, you grant to Qind Blogazine a non-exclusive, royalty-free license to reproduce, distribute, re-format, store, prepare derivative works based on, and publicly display and perform Your Content. For further details, please review the Copyright Policy of the Terms. Please note that when you upload Content, third parties will be able to copy, distribute and display Your Content using readily available tools on their computers for this purpose although other than by linking to Your Content on Qind Blogazine any use by a third party of Your Content could violate paragraph 4 of these Terms and Conditions unless the third party receives permission from you by license.
19. Storage Policy
At this time, Qind Blogazine provides free online storage of Your Content to registered members of the Service. However, you acknowledge and agree that Qind Blogazine may, at its option, establish limits concerning your use of the Service, including without limitation the maximum number of days that Your Content will be retained by the Service, the maximum size of any Content files that may be stored on the Service, the maximum disk space that will be allotted to you for the storage of Your Content on Qind Blogazine's servers. Furthermore, you acknowledge that Qind Blogazine reserves the right to terminate or suspend accounts that are inactive, in Qind Blogazine's sole discretion, for an extended period of time (thus deleting or suspending access to Your Content). Without limiting the generality of Section 9, Qind Blogazine shall have no responsibility or liability for the deletion or failure to store any Content maintained on the Service and you are solely responsible for creating back-ups of Your Content. You further acknowledge that Qind Blogazine reserves the right to modify its storage policies from time to time, with or without notice to you.
20. Conduct
You agree to be subject to and to conduct yourself in accordance with the Qind Blogazine Etiquette Policy. You must have the legal right to copy, distribute and display all parts of Your Content. Content provided to you by others, or made available through websites, magazines, books and other sources, are protected by copyright and should not be uploaded, downloaded, or otherwise copied, distributed or displayed without the consent of the copyright owner or as otherwise permitted by law. Please refer to Qind Blogazine's Copyright Policy for further details.
21. Suspension and Termination of Access and Membership
You agree that Qind Blogazine may at any time, and without notice, suspend or terminate any part of the Service, or refuse to fulfil any order, or any part of any order or terminate your membership and delete any Content stored on the Qind Blogazine Site, in Qind Blogazine's sole discretion, if you fail to comply with the Terms or applicable law.
22. Product Purchases from the Qind Blogazine Shop
From time to time, Qind Blogazine may make certain products available for purchase through the Qind Blogazine Shop. For example, you may have the opportunity to purchase "creative work".
All payments are to be made in British Pound Sterling and prices are subject to change at any time without notice. Postage and applicable sales taxes will be added to your order during the checkout process. Prices do not include any import duties that may be added by the order destination country. Delivery dates are provided as an estimate only.
In general, Qind Blogazine accepts returns on defective products or incorrect orders within thirty (30) days after receipt of your order. Please contact Qind Blogazine at help@qindblogazine.com and we will let you know whether you need to return the product(s) to us. If you do need to make a return, simply send the product(s) within thirty (30) days of receipt in the original packaging along with a copy of your invoice or order acknowledgement. Original shipping charges are not refunded on returned items. Customers are responsible for all shipping charges back to Qind Blogazine on returned items, and Qind Blogazine will pay the shipping charges on replacement product(s). Returns can be for replacement, refund or credit at Qind Blogazine's discretion. If your return merchandise is accepted, we will post a credit to your account within 24 hours from the time that we receive the product(s). Each return is credited in the same manner as payment. For example, if you paid for your order with a credit card, the credit will be applied to that card.
EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 22, ANY PRODUCT PURCHASED THROUGH THE QIND BLOGAZINE SHOP IS PROVIDED ON AN "AS IS" BASIS. QIND BLOGAZINE'S SOLE OBLIGATION, AND YOUR SOLE AND EXCLUSIVE REMEDY, WITH RESPECT TO ANY DEFECTIVE PRODUCT PURCHASED THROUGH THE QIND BLOGAZINE SHOP SHALL BE FOR QIND BLOGAZINE TO PROVIDE A REPLACEMENT, REFUND OR CREDIT, AS SPECIFIED IN THE PRECEEDING PARAGRAPH.
23. Introduction
All members of the Qind Blogazine (pronounced Kind) community are expected to be familiar with these rules of etiquette and they will be enforced evenly and without bias in every situation which is brought to the attention of the administration regardless of the membership status of the user in question.
24. Prohibited Commentary
Prohibited commentary is typically considered to be inherently disrespectful, aggressive, or otherwise abusive. We must insist that you refrain from comments which are racist, bigoted, or which otherwise offensively target a philosophy or religion. In addition we ask that our members avoid making offensive remarks based on gender or sexual preference and that you do not make any remark, comment or critique which is intended to be a direct insult to an individual, group, or genre of artwork. Hate propaganda is met with zero tolerance. Comments which are overly aggressive, personally insulting or needlessly abusive are also prohibited. If you feel that you have been the target of harassment, personal insults or other severe behaviour please notify the staff by using the official Qind Blogazine helpdesk. Please be aware that the staff will only directly intervene in cases which are considered severe; minor situations may be dealt with using tools made available to all registered members.
25. Discouraged Commentary
Discouraged commentary is typically considered to have the potential to escalate into an aggressive or abusive situation. While not strictly prohibited we must insist that all personal arguments, disagreements, and other volatile “personal” issues within be confined to private communications such as Notes, emails, or Instant Messaging programs. Likewise we discourage public accusations and other similar situations; please bring all issues of this nature to the attention of the staff by notifying the official Qind Blogazine helpdesk.
26. Exploitive Commentary
Exploitive commentary is typically considered to be disruptive due to unusual or unique factors.
Do not ‘spam’ (send large numbers of identical notes or comments). Spamming is obnoxious and is typically used for self-promotion, or other unwanted advertising. Do not ‘flood’ (place large numbers of comments rapidly on a single page or craft a single comment which consumes a large amount of page space) the forums, notes system, userpages or other areas of the site. Flooding usually disrupts page loading times and serves no useful purpose.
27. Respect Your Fellow Qind Members
As a vibrant and growing online community Qind Blogazine welcomes all kinds of original creative works; but we MUST insist that the artwork which you submit be your own original works. Your submissions must be your own original creations and you may only use resources which are considered legitimate and legal. Submissions which make use of works without proper permission or licensing by the original author will be removed as they come to the attention of the staff. This policy applies to all contributions, entries, and the preview images used for written submissions.
If you have reason to believe that a Qind Blogazine submission violates this policy you should contact us at violations@qindblogazine.com
28. Mature Content
When we discuss mature content we are specifically referring to submissions which contain images, subject matter, or other themes which some viewers may find offensive, distasteful, or otherwise undesirable to view or to read. The most common ‘undesired’ viewing material may include, but is not limited to, images containing artistic nudity (see details below), large amounts of simulated blood and gore, or generally violent themes. Qind Blogazine strictly prohibits the submission of materials classified as pornographic or obscene. There is no exception to this prohibition.
Certain content may be deemed obscene by staff and as such the staff reserve the right to remove such content immediately upon discovery. Qind Blogazine reserves the sole right to review and classify questionable material as obscene or not obscene.
29. Model release forms
Qind Blogazine staff reserve the right to demand a [Model Release] form be provided for any photography (nude or otherwise) located within either your [Gallery] or [Scrapbook] areas. In the event that you receive such a request an appropriate link will be included in the notification you received. Failure to properly respond to a Model Release form demand within seven (7) days will result in the automatic removal of the associated photograph.
For your own protection it is highly recommended that you have any model who poses for you sign a release form giving you the explicit permission to publish, share, distribute, and otherwise display the associated images. It is highly recommended that you provide this form immediately after submitting your photograph, especially if your subject is depicted nude. Details of this process may be found in the official Qind Blogazine FAQ.[ Is this paragraph relevant to Qind Blogazine?]
30. Underage models
We cannot allow any nude works featuring individuals under the age of 18, nor may the works depict these individuals in a ‘sexually driven’ manner such as posing in lingerie or displaying a sexually suggestive or provocative pose.
This prohibition is for legal reasons; Photographs which are suspected of depicting a minor in this manner will be temporarily suspended from public view and proper legal documentation (as outlined above) will be demanded while photographs which clearly depict a minor (including toddlers, preteens, and teenagers) in this manner will be removed without notice.
Submissions of a non- photographic nature which clearly depict a minor, fictional character or otherwise, either nude or in a sexually driven manner will be removed and deleted without notice as they come to the attention of the staff.
31. Forum Posting
In addition to the outlines in the above section entitled Prohibited Commentary and Exploitive Commentary we have a few additional policies regarding comments and posts within the Forum areas of Qind Blogazine;
- All threads started within a specific forum and all comments within those threads should be relevant to the forums Title. This means that, for example, all threads within the Movies forum must relate to a motion picture and the comments within those threads should also remain on the appropriate topic.
- We encourage interactivity and we allow comments to be either positive or negative in nature providing that they remain constructive and promote a worthwhile dialogue.
- We insist that forum threads adhere to the same standard set forth for deviation, scrapbook, and writing submissions in terms of what is considered acceptable subject matter (i.e. no racist threads, no sexual discussions, etc).
It is important to remember to be as clear in your intent as possible while communicating on the internet. Text communications do not afford a clear representation of sarcasm. Please use common sense when posting to avoid confusion. Threads which are misplaced, which contain inappropriate subject matter (such as sexual discussions), or which contain an undesirable number of insults or other violations of this etiquette policy will be locked and closed to further commentary.
32. Exploits, Vulnerabilities, and Site Abuse
The Qind Blogazine staff will not tolerate attempts to exploit or disrupt the layout, navigability, or general use of the site. Such actions disrupt the ability of the community to access the Site.
We will issue no warnings for violations of this nature. Violators will be banned immediately upon the discovery of the disruption or abuse.
33. Changes in Etiquette Policy
As new situations come to our attention we may find it necessary to alter or expand upon the policies stated here with little or no notification and any such changes may be enforced in full against previously existing submissions or behavior.
Alterations of policy may be announced through either the Qind Blogazine Status Forum or through other Announcements and News Topics.
34. Appeals and Inquiries
Appeals, inquiries, or questions concerning deviation removals, violation notices, account suspensions, or other administrative actions should be addressed to the official Qind Blogazine Helpdesk where they will be forwarded to the appropriate department for review.
Please refrain from using the Qind Blogazine Forums, the Qind Blogazine Note system or personal email to staff members for these concerns. You are unlikely to receive a proper response and will be redirected to use the official Helpdesk.
35. Privacy Policy Introduction
Qind Blogazine (pronounced Kind) respects your privacy. This Privacy Policy applies to the Site. This Privacy Policy explains what information we collect through the Site, how we use that information, and what choices you have.
The Site contains links to other web sites. This Privacy Policy does not apply to the practices of any companies or individuals that Qind Blogazine does not control, or any web sites that you link to from the Site. You should use caution and review the privacy policies of any sites that you visit from ours to learn more about their information practices.
By accessing the Site, you agree to accept the terms and conditions of this Privacy Policy and are aware that our policies may evolve in the future as indicated below.
In various places on the Site, we collect “Personally Identifiable Information,” such as your name, age, gender, postal address, telephone number, e-mail address, credit card information, or other information that can be used to contact you or identify you as an individual. For example, we collect this information when you register for membership and special services (e.g., the [Print Program – is this application available on the Site?]), sign up for e-mail newsletters and purchase products or services. From time to time in the future we may offer additional features, services, and promotional opportunities that would require you to submit Personally Identifiable Information to participate.
We also collect “Anonymous Information” about your use of the Site such as your IP address, the type of browser you use, the pages on our Site that you have visited, and the advertisements that you have clicked on. Your Personally Identifiable Information is linked to your Anonymous Information.
Like many Internet sites, we also use “cookies” to collect information. A cookie is a small data file that we transfer to your computer and is stored on your hard drive. When you visit our Site the cookie identifies your computer to us so that you do not have to re-register each time you visit. We may also use cookies to measure the traffic to our Site and the use of different services and features of the Site. Advertisers that appear on the Site may place cookies on your computer and their use of the information stored on those cookies is subject to their own privacy policies. You should visit their sites to learn about their information practices. Advertisers or other companies do not have access to Qind Blogazine’s cookies.
We do not intend that children will use our Site. We do not solicit or knowingly collect information from children under 13 years old, nor will we accept registration from them. You may set up your computer to reject cookies, although, in that case, you may not be able to use certain features on our site. If you do not wish to receive cookies in the future, please let us know.
We use Personally Identifiable Information that you provide to communicate with you, to process orders for products and services, to customize advertising and content available on the Site, to conduct research for internal purposes and to use such information to improve our services and the Site. [If you have uploaded Creative Content pursuant to the Submission Agreement, you have also authorized Qind Blogazine to use your name and biographical materials publicly for advertising and promotional purposes.]
If you so choose, we will also use it to send you information about products and services that may be of interest to you. Later on in this Privacy Policy, we provide you with more information on what choices you have.
We use information that is not personally identifiable to determine how people use our Site and the Service. For example this data tells us information including how often users click on our advertisements, which files are downloaded most frequently, and which areas of the Site are the most popular. Analyzing this data allows us to improve the offerings on and performance of the Site. Using your IP address, we can also determine the general physical location of a user and may at times use this information to better target advertising to users.
Except as noted below, Qind Blogazine does not share your Personally Identifiable Information with third parties unless you give us your permission or we need to share such information in order to provide products or services you have requested. For example, we use third parties to help with some of the products and services available on the Site, such as processing payments and fulfilling orders for products through the Qind Blogazine Shop. We also engage third parties to assist us by tracking the number of visitors to the Site that have "clicked-through" from specified promotions on third party sites and those visitors' activities on the Site. When we supply Personally Identifiable Information to these third parties, we require them to use it only for the function they are helping us with.
When you see parts of the Site with a prominent brand of another company, information you supply (or authorize for use) in that part of the Site will be shared with the other company that is cooperating in providing the Service. Please visit that company’s site to learn more about their information practices.
We aggregate the Anonymous Information that we collect and exchange it with advertisers and others who are interested in our services.
We will disclose Personally Identifiable Information when required by law or under the good-faith belief that such disclosure is necessary in order to conform to applicable law, court orders or legal process served on Qind Blogazine, to establish or exercise our legal rights or defend against legal claims, and to protect the property or interests of Qind Blogazine, its agents and employees, personal safety, or the public. Under such circumstances, Qind Blogazine may be prohibited by law, court order or other legal process from providing notice of the disclosure, and Qind Blogazine reserves the right to not provide such notice in its sole discretion. If we become part of another organization, including without limitation, by merger, change of control, sale of assets, or other acquisition, the acquiring organization will obtain and have access to the Personally Identifiable Information collected by Qind Blogazine and it will assume the rights and obligations regarding your Personally Identifiable Information as described in this Privacy Policy. If we cease operation, your Personally Identifiable Information may be transferred to and used by another company that offers similar or related products or services. While we cannot predict a great deal about such an unlikely event, we would hope this could provide you continuity of service.
When you register for membership at the Site, you have the option of checking a box to tell us that you do not want us to send you our email newsletter. You may also opt out of an automatic logging process that associates your Personally Identifiable Information with your recent page views. We will keep track of your decisions in our database.
Even if you choose not to receive information from us, we reserve the right to communicate with you on matters we consider especially important.
You may review the Personally Identifiable Information we have on file by logging in and clicking the Profile and Settings tabs [are these tabs correct on the Qind website?] on your user page. Once there, you may modify information that is incorrect and delete certain information from your profile. You can also change your permission for us to send you e-mail newsletters.
To delete your Personally Identifiable Information, you must manually change your data fields to null values. Otherwise, your data is retained indefinitely. Please note that the public comments made by a user in a chat room or a forum cannot be deleted. Data related to transactions for products and services through the Qind Blogazine Shop is retained indefinitely. Moreover, since, Anonymous Information is not identifiable as originating with you, it cannot be reviewed or changed by you.
We may change this policy from time to time. While we will usually indicate major changes by notice on the Site, please check here from time to time to see if there is a revised Privacy Policy posted.
If you register as a member of the Site and make postings to chat rooms, forums or your user page, please remember that anything you post is publicly available. The user name you have chosen during the registration process is visible to all users of the Site. If you visit another member’s user page, your user name will appear on that page. Your user page will also show certain statistics regarding your use of the Site, such as the date you became a member, how long ago you last visited the Site, the categories of materials you have posted. Your user profile, and the information you choose to include in your profile, will also be available to other users of our chat rooms, forums and to visitors that access your personal user page. Qind Blogazine does not control, and is not responsible for, the use of any information or content that you have exposed to the public through your use of the Site.
During sessions in which you give us information such as credit card numbers, we encrypt your transmissions using SSL (“Secure Sockets Layer”) [is this used in regard to the Qind website?] technology. We keep the Personally Identifiable Information you provide on servers that are protected by firewalls and other technological means against intrusion or unauthorized access. They are located in a physically secure facility, and only our employees and agents with a need to know the information are given access. While no amount of security can give a perfect guarantee, you can have a high degree of confidence that the personally identifiable information you give us is protected from unauthorized access and use. We rely on you to select passwords that cannot be guessed easily and to safeguard those passwords from disclosure. Please contact us if you have any information regarding unauthorized use of the Qind Blogazine sites.
We may update this Privacy Policy from time to time as our services change and expand. If we update this Privacy Policy, we will notify you about significant changes by sending a notice to the email address specified in your account or by posting a notice of such changes on the Qind Blogazine Sites. Unless otherwise provided, the revised terms will take effect on the date they are posted. Once such changes become effective, your continued use of the Site will signify your acceptance of the new Privacy Policy. If you do not agree to the terms of this Privacy Policy, or any revised Privacy Policy, your sole and exclusive remedy is to discontinue using the Site.
If you have questions about this Privacy Policy, please contact us at help@qindblogazine.com
45. Qind Copyright Policy
Qind Blogazine (pronounced Kind) does not claim ownership rights in Your Content. For the sole purpose of enabling us to make your Content available through the Service, you grant to Qind Blogazine a non-exclusive, royalty-free license to reproduce, distribute, re-format, store, prepare derivative works based on, and publicly display and perform Your Content. For further details, please review the Copyright Policy of the Terms. Please note that when you upload Content, third parties will be able to copy, distribute and display your Content using readily available tools on their computers for this purpose although other than by linking to your Content on Qind Blogazine any use by a third party of your Content could violate paragraph 4 of these Terms and Conditions unless the third party receives permission from you by license.
46. Applicable Law
Qind Limited, a UK registered company adheres to UK copyright law for all creative work associated with Qind Blogazine.
47. Definition of Copyright Protection
Copyright law allows an author to prohibit others from reproducing, adapting, or distributing copies of the author's work without prior expressed written consent. A copyright owner can decide whether or not there will be any use of the copyright work and if so, whether he or she will allow use the copyright work and/or licence people to use the work.
48. Qualification for Copyright Protection
British law states that an individual's work is placed under copyright law as soon as it leaves that person's mind and is placed in some physical form. Once in physical form, as long as it is an original work (in the sense of not having been copied from an existing work, rather than in the sense of being novel or unique), copyright in that work is automatically vested in (i.e. owned by) the person who put the concept into material form. There may be exceptions to this rule, depending on the nature of the work, whether it was created in the course of employment and the purposes for which the work was created.
49. Term of Copyright Protection
Qind adheres to the copyright Term of Protection as stated in The Copyright, Designs and Patents Act 1988: Literary, dramatic, musical or artistic works - Copyright lasts for seventy years from the death of the author. If the author is unknown, copyright expires seventy years after the work is first made available to the public. If the work is computer-generated, copyright expires fifty years after the work is made. Copyright protection will expire at the end of the calendar year concerned.
50. What is Copyright Infringement?
Copyright infringement occurs when a person does certain things with a creative work which someone else produced without first getting the proper permission.
Some examples of copyright infringement (this is only a partial listing) can include:
- Placing a photograph or creative work online without proper permission.
- Using a creative work commercially.
- Adapting a creative work of one medium to another, such as making a book into a movie or a photograph into a painting.
- Modifying or editing a creative work without proper permission.
51. Some Cautions
- In most cases it does not matter how much of the material a person has used. Whether it's a single frame, a few moments of audio, a short clip of video or any other sampling it's still considered to be copyrighted and the person who purports to use the creative work still requires the owner's permission for use.
- It doesn't matter how the person obtained the material, it's still considered copyrighted and the person purporting to use the creative work still needs permission.
- It doesn't matter whether or not the person using the creative work has credited the proper owner, it's still considered copyrighted and permission from the proper owner is still needed.
- It doesn't matter if the person using the creative work is not selling it or making a profit, it's still considered copyrighted and permission is still required.
- It doesn't matter if the person can find other people using things without permission, it's still considered copyrighted and permission is still needed.
- It doesn't matter if the person has edited it a little bit or made a few alterations, if it's recognizable it's still considered copyrighted and permission is still required.
52. Reporting Copyright Infringement
We respect the intellectual property rights of others, and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to violations@qindblogazine.com with the following information:
- Your username, address, telephone number, and e-mail address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
53. What Happens When You Submit Infringing Works to Qind Blogazine?
When we become aware that a Qind Blogazine submission infringes upon the copyrights of another artist, creative person or company, we will immediately delete the submission. This is a legal requirement which we fulfill immediately; you will not receive an advanced warning and you will not be given an opportunity to 'fix it'. Any copyright owner following the procedures in this Copyright Policy can require Qind Blogazine to remove his or her copyrighted content.
If you believe that one of your submissions was removed in error you may contact our helpdesk or otherwise file a counter notice. A member of staff will be made available to you so that the situation can be properly resolved.
If you are found to repeatedly post infringing content your account will be suspended and serious offenders will have their account banned and deactivated. If you are found deliberately misrepresenting the copyrighted work of another as your own your account will be immediately banned and deactivated.
54. If you take my work down am I protected from a lawsuit?
No. Even if Qind Blogazine takes an infringing work off the Site, if you submitted it to the Site you may still be responsible for damages if the copyright owner decides to sue you.
Section V: Submission Agreement
55. Submission Agreement Introduction
(a) This is an agreement ("Agreement") between you as either an individual artist or as the legal authorised representative of an artist ("Artist") and Qind Ltd., ("Qind Blogazine") concerning the uploading of Artist's audio, visual, audiovisual and other materials (the "Creative Content" as defined below) to the Qind Blogazine.com website or any successor websites and/or websites to which the contents in whole or in part of Qind Ltd. are assigned (the "Qind Blogazine Sites") and concerning Qind Blogazine's use of Creative Content on the Qind Blogazine Sites.
(b) If Artist is agreeing on behalf of an artist or a group of artists then each reference to "Artist" in this Agreement refers to each member of the group or the group as a whole, as the case may be.
(c) Artist and Qind Blogazine acknowledge the exchange of mutual benefits and promises and other consideration and agree as follows with respect to submissions of Creative Content to the Qind Blogazine Sites:
56. Term.
(a) The term ("Term") of this Agreement starts on the date that the Creative Content is initially uploaded to any Qind Blogazine Site and continues until either Artist or Qind Blogazine terminates this Agreement in writing, with or without cause or by the removal of Creative Content for the purpose of termination
(b) To the extent this Agreement is terminated by Artist, this Agreement will terminate after Artist has removed all of his or her Creative Content from the Qind Blogazine Sites excluding that Creative Content that cannot be removed by Artist (for example, comments posted to the Qind Blogazine), and Qind Blogazine has received notice of the removal.
(c) If this Agreement is terminated by Qind Blogazine, this Agreement will terminate when Qind Blogazine removes Creative Content from the Qind Blogazine website excluding comments posted to Qind Blogazine by Artist. If the Agreement is terminated in these ways, the parties agree to cooperate in providing an orderly termination of the relationship.
(d) Artist can selectively terminate this Agreement with respect to any individual work posted by Artist to Qind Blogazine by removing the posted work from Qind Blogazine and this selective termination with respect to an individual work will become effective when Qind Blogazine receives notice of the removal. Qind Blogazine provides a removal function with respect to individual works posted by Artist and the proper use of this function shall serve as notice of removal. If this Agreement is terminated with respect to an individual work in this way, the parties agree to cooperate in providing an orderly withdrawal of the work to the extent it has been licensed to third parties under this Agreement or to the extent that Artist has placed the work in the Print program or similar commercial efforts within the Qind Blogazine Sites.
57. Ownership
Artist at all times retains all right, title and interest in and to the Creative Content provided by Artist hereunder (including, without limitation, the copyright in and to the Creative Content), subject to the non-exclusive rights in the licenses granted to Qind Blogazine under this Agreement. For the avoidance of doubt, Artist is entitled to grant similar rights to others during and after the Term of this Agreement.
58. License To Use Creative Content
(a) As and when Creative Content are uploaded to the Qind Blogazine Sites, Artist grants to Qind Blogazine a worldwide, royalty-free, non-exclusive license to do the following things during the Term:
i) to prepare and encode Creative Content or any part of it for digital or analog transmission, manipulation and exhibition in any format and by any means now known or not yet known or invented;
ii) to display, copy, reproduce, exhibit, publicly perform, broadcast, rebroadcast, transmit, retransmit, distribute through any electronic means (including analog and digital) or other means, and electronically or otherwise publish any or all of the Creative Content, including any part of it, and to include it in compilations for publication, by any and all means and media now known or not yet known or invented ;
iii) to modify, adapt, change or otherwise alter the Creative Content (e.g., change the size) and use the Creative Content as described in Clause 58(a)(iii); and
iv) the right to sublicense to any other person or company any of the licensed rights in the Creative Content, or any part of it, subject to the terms and conditions of this Agreement.
(b) Artist acknowledges that Artist will not have any right, title, or interest in any other materials with which any Creative Content may be combined with or into which all or any portion of any Creative Content may be incorporated.
f) During the Term, Qind Blogazine's licenses under this Agreement include the right to use any part of the Creative Content in the promotion, advertising or marketing of the Qind Blogazine Sites.
(c) As used in this Agreement, the term "Creative Content" means any content uploaded to the Qind Blogazine Sites which may include without limitation Artist's name or names (including professional names), trademarks, trade names, likenesses, photographs, biographical materials, audio-visual materials, artwork, liner notes, and other graphical, textual, video, film or audio materials and any and all "skins" computer-generated images or other artwork or images that Artist submits to Qind Blogazine in any medium or format whatsoever.
59. Name and Likeness
Artist also grants to Qind Blogazine:
a) a worldwide, royalty-free, non-exclusive license to use Artist's name or names, group name, photograph and/or likeness and biographical materials in connection with the distribution, exploitation, promotion, marketing and advertising of the Creative Content, and the Qind Blogazine Sites during the Term; and
b) Artist also agrees not to assert against Qind Blogazine any privacy, publicity, moral or similar rights held by Artist and on behalf any other persons whose names, photographs and/or likenesses and/or performances are embodied in the Creative Content. Artist also agrees that any persons other than Artist appearing recognizably or otherwise in Creative Content will not assert of any privacy, publicity, moral or similar rights) under the applicable law in connection with the exploitation of the materials as described in this Agreement; and,
c) To the extent that the Creative Content contain the names, group name, photograph and/or likenesses and biographical materials of any other person, Artist hereby grants to Qind Blogazine a worldwide, royalty-free, non-exclusive license to use them in connection with the distribution, exploitation, promotion, marketing and advertising of the Creative Content, as described in this Agreement, during the Term.
60. Limitation of Rights The rights and licenses Granted
Under sections 54 and 55 of this Agreement require Qind Blogazine to obtain Artist consent before Qind Blogazine makes any commercial agreement with anyone else to separately buy, license, re-sell or re-publish or commercially use any Creative Content not in association with Qind Blogazine but as an individual work of art or as a group of works from a single Artist in isolation from any other works. No additional consent is required for any other licensed uses under this Agreement of Creative Content either as part of the Qind Blogazine Site(s) or in connection with the distribution of content groups from the Qind Blogazine Site(s) and/or for uses of the Creative Content made at the discretion of a visitor to the Qind Blogazine Site(s) or other users under agreements with Qind Blogazine. Qind Blogazine will contact Artist in writing about any individual commercial uses of Creative Content instigated by Qind Blogazine.
61. Payment for License
The license granted to Qind Blogazine under this Agreement is royalty-free unless payment is otherwise agreed between Artist and Qind Blogazine in writing.
62. Representations and Warranties
Artist represents and warrants that:
a) Artist has the full right and power to enter into and perform this Agreement and to grant Qind Blogazine all rights to use the Creative Content as contemplated in this Agreement, including, without limitation, the license grants in sections 58 and 59 of this Agreement
b) Artist has obtained all necessary third-party consents, rights, licenses and permissions, if any, required for Artist to enter into and perform this Agreement and to grant Qind Blogazine the rights to use the Creative Content set out in this Agreement (including, without limitation, consents and permissions from owners of any elements that are used in the Creative Content),
c) the Creative Content (and Qind Blogazine's use of it under this Agreement) does not and will not infringe on any rights of any third party, including any trademark, copyright, patent, trade secret, right of privacy or publicity or moral rights of any third party,
d) all information that Artist has provided or will provide to Qind Blogazine is true and complete,
e) the Creative Content does not and will not violate any law, statute, ordinance or regulation,
f) the Creative Content does not and will not be defamatory, libelous, threatening, pornographic, obscene, harmful to minors, violations of child pornography or child sexual exploitation laws,
g) the Creative Content does not and will not contain any viruses or other programming routines that may detrimentally interfere with computer systems or data, whether those of Qind Blogazine or any third party, and
h) if Artist or any member of Artist's group is a minor, Artist warrants that Artist has the legal right to enter into this Agreement on behalf of the minor artist and guarantees such person's performance of the terms of this Agreement. These warranties shall survive any termination of this Agreement.
63. Third Party Payments
Artist is responsible for all licensing, reporting and payment obligations of any kind to third parties in connection with the Creative Content.
64. Indemnity
Artist agrees to defend, indemnify, reimburse and hold Qind Blogazine and its parent, subsidiary and affiliated entities, and its and their members, managers, officers, directors, representatives, employees, agents, successors, designees, licensees, sublicensees and assigns harmless from and against any and all liability, loss, damages, judgments, costs and expenses (including reasonable attorney's fees, costs and expenses and court costs) arising out of or related to:
a) Artist's use of the Qind Blogazine Sites;
b) any breach or alleged breach of Artist's representations and warranties and/or any breach, alleged breach or violation of the notices, terms and conditions of this Agreement; and
c) Artist's violation or alleged or threatened violation of any rights of a third party, including, without limitation, any trademark, copyright, patent, trade secret, right of privacy or publicity or moral rights of any third party, arising from the submission and/or use of the Creative Content as provided in this Agreement
65. Qind Blogazine's Performance
Artist acknowledges and agrees that the operation of the Qind Blogazine Sites may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and Qind Blogazine will not be responsible to Artist for any interruptions, errors or problems or for an outright discontinuance of the Qind Blogazine service. Qind Blogazine gives no assurances whatsoever that any of the Creative Content or any part or element of the Creative Content will actually be used on the Qind Blogazine Site or if used will continue to be available for any particular time. Qind Blogazine has the right, in Qind Blogazine's sole and absolute discretion, to remove from the Qind Blogazine Sites at any time the Creative Content or any part of it and/or to revoke any sublicense granted by Qind Blogazine to any third party to use the Creative Content. Notwithstanding the foregoing, Qind Blogazine does not control the content of the Creative Content and does not have any obligation to monitor the content of the Creative Content for any purpose or reason. Artist acknowledges that Artist is solely responsible for all content submitted to the Qind Blogazine Sites by Artist. The Qind Blogazine Site may be discontinued at any time, with or without reason and all Creative Content uploaded to Qind Blogazine may be removed and unavailable for recovery by any means. Artist and only Artist is responsible for maintaining at Artist's expense and in facilities owned or controlled only by Artist any and all original materials or so-called back-up copies of all or any part of the Creative Content.
66. Warranty Disclaimer
QIND BLOGAZINE EXCLUDES ALL WARRANTIES EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMTIED TO
a) UNINTERRUPTED OR CONTINUOUS AVAILABILITY OF THE QIND BLOGAZINE SITE, AND
b) MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THE QIND BLOGAZINE SITE AND
c) IN ADDITION, ALTHOUGH QIND BLOGAZINE INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE QIND BLOGAZINE SITES, AND WHETHER OR NOT QIND BLOGAZINE IMPLEMENTS THE AFOREMENTIONED REASONABLE PROTECTIONS, QIND BLOGAZINE DOES NOT WARRANT THAT THE QIND BLOGAZINE SITES, ANY PART THEREOF, OR ANY INFORMATION OR OTHER MATERIAL ACCESSIBLE THROUGH THE QIND BLOGAZINE SITES IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.
67. No Liability for Third Party Use
QIND BLOGAZINE EXCLUDES ALL RESPONSIBILITY AND LIABILITY FOR ANY THIRD-PARTY USE OF THE CREATIVE CONTENT MADE AVAILABLE ON THE QIND BLOGAZINE WEBSITE BY THE ARTIST PURSUANT TO THE TERMS OF THIS AGREEMENT. ARTIST SHALL BE SOLELY RESPONSIBLE FOR SEEKING RELIEF FOR ANY UNAUTHORISED USE OF THE CREATIVE CONTENT BY A THIRD-PARTY FROM THAT THIRD PARTY, AND NOT FROM QIND BLOGAZINE. THIS MEANS, AMONG OTHER THINGS, THAT IF ANOTHER PERSON OBTAINS THE CREATIVE CONTENT FROM QIND BLOGAZINE (WHETHER OR NOT WITH QIND BLOGAZINE'S PERMISSION), AND USES THOSE MATERIALS IN A WAY NOT AUTHORISED BY THE LICENCES GRANTED UNDER THIS AGREEMENT ARTIST WILL SEEK REDRESS OR RECOVERY FROM THE THIRD PARTY AND NOT FROM QIND BLOGAZINE, AND THAT ARTIST WILL NOT HOLD QIND BLOGAZINE RESPONSIBLE OR LIABLE FOR SUCH UNAUTHORISED USE.
68. Exclusion of Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT (INCLUDING NEGLIGENCE) SHALL QIND BLOGAZINE, ITS OFFICERS, DIRECTORS, MEMBERS, PARENTS, AFFILIATES, SUBSIDIARIES, LICENSEES, ASSIGNS, SUCCESSORS, AGENTS, REPRESENTATIVES, EMPLOYEES OR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY AND DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, INCIDENTIAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES), WHETHER OR NOT DEVIANT ART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR PERFORMANCE OF THE QIND BLOGAZINE SITES. IN NO EVENT SHALL QIND BLOGAZINE'S TOTAL LIABILITY TO ARTIST UNDER THIS AGREEMENT FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY EXCEED £[amount]. THE PARTIES ACKNOWLEDGE AND AGREE THAT QIND BLOGAZINE HAS ENTERED INTO THIS AGREEMENT IN RELIANCE ON THE LIMITATIONS OF LIABILITY SPECIFIED IN THIS AGREEMENT, WHICH ALLOCATE THE RISK BETWEEN ARTIST AND QIND BLOGAZINE, AND FORM THE BASIS OF THE BARGAIN BETWEEN THE PARTIES.
69. Miscellaneous
a) Governing Law and Jurisdiction. THIS AGREEMENT SHALL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH ENGLISH LAW. DISPUTES ARISING IN CONNECTION WITH THIS AGREEMENT SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICITION OF THE ENGLISH COURTS
b) Assignment. Qind Blogazine shall have the right to assign this Agreement in whole or in part to any person or business entity. Artist may not assign Artist's rights or delegate Artist's obligations under this Agreement without the prior written consent of Qind Blogazine.
c) Notice. All notices under this Agreement must be in writing and sent to Qind Ltd, 4 Church Green, London SW9 6NL, ATTN: Legal Department or to Artist at the last known address provided by the Artist to Qind at the Artist’s account. Communications shall be deemed received:
- if delivered personally, when left at the address and for the contact referred to in this clause;
- if sent by pre-paid first class post or recorded delivery at 9am on the second business day after posting; or
- if delivered by commercial courier on the date and at the time that the courier’s delivery receipt is signed.
- A notice is validly given by email if in the circumstances covered in clause 71.
70. Entire Agreement
This Agreement sets forth the entire understanding and agreement of Artist and Qind Blogazine as to the subject matter hereof and supersedes all prior proposals, discussions or agreements (oral and written) with respect to such subject matter.
71. Modification
Qind Blogazine reserves the right to amend the terms of this Agreement from time to time in its sole discretion. Qind Blogazine will notify Artist of any material changes to this Agreement by sending an email to the address listed in Artist's account. If Artist continues to upload Creative Content after being notified of the changes to the Agreement, Artist will be deemed to have accepted those changes and the new terms of the Agreement will govern all prior and future submissions of Creative Content. If Artist does not accept the new terms of the Agreement, Artist's only and exclusive remedy will be to terminate this Agreement. Otherwise, this Agreement may be changed only by a writing signed by both parties that specifically refers to the parties' intent to amend this Agreement.
72. Survival
The provisions of Sections 55, 57, 58, 59, 60, 61, 62, 63, 64, 65, 67, 68 69, 70, 71, 76 shall survive any termination of this Agreement. In addition, any sublicenses granted to third parties for the display of the Creative Content on electronic or other devices shall survive any termination of this Agreement for such reasonable time as may be necessary to withdraw the Creative Content from the particular license; any use of the Creative Content with respect to the making of so-called backup copies or caching of Qind Blogazine Sites or any equivalent activity or function for general site maintenance and protection shall survive any termination of this Agreement; and, the Creative Content consisting of comments posted to Qind Blogazine will remain as part of the Qind Blogazine database and available to all users of Qind Blogazine Sites following termination of this Agreement.
73. Conflict or ambiguity
To the extent that an Artist has submitted Creative Content to the Qind Blogazine Sites, in the case of conflict or ambiguity between any provision contained in the body of this Agreement and any provision contained in the Terms and Conditions of Use, the provisions in the body of this Agreement shall take precedence.