Registration

Join QuarkXPress Server Community

Required Information
First name
Last name
Company or school
E-mail address		(This will be your username)
Password
Optional Information

Please note: This information will be used in your dynamic Quark documents. In order to experience the power of QuarkXPress® Server, you should personalize this data. You can also update this later in the "My Profile" section.
Job title
Phone number
Terms for Use Agreement
Terms of Use and Notices:

THIS IS AN AGREEMENT BETWEEN YOU AND QUARK, INC. (“Quark”)
This Terms of Use Agreement (the “Agreement”) sets forth the terms and conditions pursuant to which you may access and use the Materials (“Materials”) and services (“Services;” Material and Services to be referred to collectively as the “Services”) available via the QuarkXPress® Server Live Web Site (the “Site”).  BY ACCESSING OR USING THE SITE IN ANY WAY, INCLUDING BROWSING THE SITE, USING THE SERVICES OR DOWNLOADING ANY MATERIALS, YOU AGREE TO AND ARE BOUND BY THIS AGREEMENT.  Please read this Agreement carefully.  If you wish to become a member, you must indicate your acceptance of the terms and conditions set forth herein in order to register.  If you do not agree with this Agreement, you should leave the Site and refrain from any further use of the Services.

Quark reserves the right to change this Agreement from time to time and any modification to this Agreement by Quark will be effective upon posting to the Site.   Your continued use of the Site and the Services after the posting of a modification to this Agreement constitutes your acceptance of the modification.  Your use of the Site and Services will be subject at all times to the most current version of this Agreement.   It is important that you review this Agreement regularly to ensure that you are aware of any modifications to this Agreement.  If you breach this Agreement, your authorization to access and use the Site and the Services automatically terminates and any content you have created using the Materials and Services must be destroyed immediately. 


1. Operator

The Site is operated by Quark, Inc., a company incorporated under the laws of Colorado whose principal business address is 1800 Grant Street, Suite 800, Denver, Colorado  80203.  Quark makes no representation that the Site, or the Services or Materials available through it, are appropriate or available for use at other locations outside the United States, and access to the Site from territories where the Site or any of its Services or Materials are illegal is prohibited. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws. 


2. Registration

You must be 18 years or older in order to register as a member of the Site.  By using the Site you represent and warrant that (i) all information you submit is truthful, accurate and complete; (ii) you are 18 years of age or older; and  (iii) your use of the Services does not violate any applicable law or regulation.  


3. Password

In order to become a member and access the Services, you must provide a password.    Keep your password confidential and do not disclose it to third parties. As you will be responsible for all activity that occurs under your password, including any damages resulting from the unauthorized use of your password, you must notify Quark immediately of any unauthorized use of your password or if you believe that your password is no longer confidential.  


4. Acceptable Use Policy

You are solely responsible for any and all acts and omissions that occur under your password and you agree not to engage in unacceptable use of the Site, Materials and Services, which includes without limitation, use of the Services:

a. to upload, post, email, disseminate, or otherwise transmit or communicate any material that to a reasonable person my be abusive, obscene, pornographic, offensive, defamatory, libelous, unlawful, threatening, harassing, vulgar, an invasion of privacy or publicity rights or otherwise objectionable;

b. to upload, post, email, disseminate, or otherwise transmit or communicate any materials that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right or moral right of any person;

c. to create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication;

d. to upload, post or otherwise transmit through the Site any material, including but not limited to viruses, worms, Trojan horses or other harmful or disruptive files, that is likely to cause harm to Quark’s or anyone else’s computer systems; or

e. to disseminate or transmit any unsolicited or unauthorized advertising, promotional materials, junk mail or spam. 


You further agree not to (i) interfere with or disrupt any other user’s quiet enjoyment of the Site; or (ii) interfere with or disrupt or attempt to interfere with or disrupt the security of the Site and Services or otherwise cause harm to the Site or the Services.


5. Availability

Quark makes reasonable efforts to ensure that the Site is available 24 hours a day 7 days a week.  You agree that from time to time the Services or portions thereof may be inaccessible or inoperable for any reason, including, without limitation, (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Quark may undertake from time to time; or (iii) causes beyond the control of Quark or which are not reasonably foreseeable by Quark.


6. License Grants

a. To End User/Members.  Quark hereby grants You the non-exclusive right to access and use the Materials and Services for non-commercial purposes.  The Dynamic Documents you create using the Materials and Services must be for your personal use and may not be licensed, distributed or sold to third parties.  

b. To Quark. By displaying, or publishing/posting any content on the Site, including but not limited to, messages, text, files, images, photographs, videos, and other works of authorship (collectively “Content”), You automatically grant to Quark a non-exclusive, royalty free and worldwide license, with the right to sublicense, to use, copy, modify, adapt, translate, publicly perform, publicly display, store, transmit and distribute such Content on and through the Services.  This license will automatically terminate upon the removal of the Content from the Site, provided, however, that a back up or residual copy of the Content may remain on the QuarkXPress® Server Live after said removal and Quark retains the rights to those copies. For Content including comments to Quark and QuarkXPress® Server Live Members and product suggestions, You grant Quark and the users of the Site an irrevocable worldwide, license to use, reproduce, display, perform modify, translate and distribute such Content.    You also grant Quark and users of the Site a license to use any concepts, ideas, suggestions or techniques that you submit to the Site.

c. The QuarkXPress® Server Assistant. Quark hereby grants to End User a non-exclusive, non-transferable, non-sublicensable license to download, install and use the QuarkXPress® Server Live Assistant solely in connection with the Site and Services.  


7. Intellectual Property Rights

a. Reservation of Rights.  The Materials, Content and Services on this site, including their arrangement are protected by international copyright, trademark, patent and/or other intellectual property laws. Except as expressly provided for in this Agreement, Quark and/or its licensors and the QuarkXPress® Server Live Members retain any and all right, title and interest in and to the Services, Materials and Content. You may not remove or alter any proprietary notices, labels, or trademarks/servicemarks contained in the Site, Content or Materials.  Except for Content posted by You and subject to any additional limitations set forth in this Agreement, you may not copy, modify, translate, publish, perform, broadcast, transmit, distribute, display or sell any Content appearing on or through the Site or copy or post any Content or Materials on any network computer other than Your internal network computer.  You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, decompile, disassemble  or create derivative works based on the Site, the Materials, Content or the Services or their selection and arrangement, except as expressly authorized herein. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site.

b. Copyright Policy. You may not post, reproduce, modify or distribute any copyrighted material or other proprietary information, including trademarks, belonging to others without obtaining the prior written consent of the holder of such proprietary materials.  Upon receipt of proper notification by the copyright owner or legal representative of the copyright owner, Quark will terminate the Membership of any QuarkXPress® Server Live Member who infringes the intellectual property rights of others.   With regard to any Content that you post on the Site, You represent and warrant that: (i) You own that Content or otherwise have the right to grant the license set forth in Section 6b hereof, and (ii) the posting of that Content on the Site does not violate the privacy rights, publicity rights, contract rights, copyrights or any other rights of any person.   

c. Notification of Copyright Infringement. If You believe that your work has been used and posted on the Site in a manner that constitutes copyright infringement, please provide Quark’s copyright Agent with the following information: (i) an electronic or physical signature of the person whose copyright interest is alleged to have been infringed; (ii) a description of the copyrighted work that You claim has been infringed; (iii) a description of where the infringing Material or Content is located on the Site; (iv) sufficient information to enable Quark to contact You such as your name, address, telephone number or email address; (v) a statement by You that you have a good faith belief that that the disputed use is not authorized by copyright owner, the agent of the copyright owner, or law; and (vi) a statement made by You under penalty of perjury that the information in your notice is accurate and that You are the copyright owner or authorized to act on behalf of the copyright owner.  Quark’s Copyright Agent can be contacted as follows: Copyright Agent, Quark, Inc.  Legal Department 1800 Grant Street, Denver Colorado 80203, Attn:  Copyright Agent; and email copyrightagent@quarkddslive.com.

d. Trademarks.  Quark, QuarkXPress, QuarkXPress Passport, QuarkXTensions, XTensions, and QuarkXPress® Server among others, are trademarks of Quark, Inc. and all applicable affiliated companies, Reg. U.S. Pat. & Tm. Off. and in many other countries. The Quark logo, QuarkXPress® Server Live and other Quark related marks which Quark may adopt from time to time are trademarks of Quark, Inc. and all applicable affiliated companies. All other trademarks are the property of their respective owners.   You are not permitted to use any trademark displayed on this Site without the prior consent of Quark or the owner of such trademark. 


8. Content

a. Quark is not responsible for any incorrect or inaccurate Content posted on the Site or in connection with the Services or Materials, whether or not caused by the Services or any of the programming or equipment associated with or utilized in the Services. Quark does not endorse the Content posted on the Site by Members.  You are responsible for the Content that you post on the Site and any information that you transmit to other Members and for your interactions with other Members.  Content is not reviewed by Quark prior to posting by Members and does not reflect the opinions or policies of Quark.    

b. Quark may delete any Content that in the sole judgment of Quark violates this Agreement or which it deems, in its sole discretion, to be offensive, illegal, violates the rights, harms or threatens the safety of any person, or otherwise violates Quark’s Acceptable Use Policy as set forth herein. 


9. Disclaimer of Warranties

THIS SITE, AND ALL MATERIALS AND SERVICES ACCESSIBLE THROUGH THIS SITE, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, QUIET ENJOYMENT OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, QUARK MAKES NO WARRANTY THAT: (i) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;  or (ii) ANY ERRORS OR DEFECTS IN THE SITE, ITS SERVICES, OR MATERIALS, WILL BE CORRECTED.

YOU UNDERSTAND AND ACKNOWLEDGE THAT (i) QUARK DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKS ON THE SITE; (ii) QUARK MAKES NO REPRESENTATION OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT, PRODUCTS, OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) QUARK SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. QUARK ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR IN CONNECTION WITH ANY SERVICES OR MATERIALS OFFERED THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM QUARK OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.



10. LIMITATION OF LIABILITY	

IN NO EVENT, INCLUDING NEGLIGENCE, WILL QUARK, ITS AFFILIATES, SUBSIDIARIES, PARTNERS, LICENSORS OR SUPPLIERS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, LOST TIME, LOST SAVINGS, LOST DATA, LOST FEES, OR EXPENSES OF ANY KIND IN ANY MANNER, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. THESE LIMITATIONS WILL APPLY EVEN IF QUARK, HAS BEEN ADVISED OF SUCH POSSIBLE DAMAGES AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE AND SERVICES, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE SITE, ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED, OR ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.   Some jurisdictions, states, or provinces do not allow the exclusion or limitation of incidental or consequential damages, so the limitation or exclusion included in this Agreement may not apply, but shall be construed to the greatest extent possible under Applicable Law. All other limitations provided under Applicable Law, including statutes of limitation, shall continue to apply.


11. Privacy

Please review Quark’s Privacy Policy, the terms of which are incorporated into this Agreement by reference.


12. Export Controls

In the event that You download and/or purchase Software through the Site, You will comply with all applicable requirements of any governmental authority having jurisdiction relating to the import, export, or re-export of any products or other items furnished under this Agreement. You shall not export or transmit, directly or indirectly, any technical data or products received through the Site to any country to which such export or transmission is restricted by regulation or statute of the United States Government or other such governmental entity as may have jurisdiction over such export or transmission.  


13. Indemnification

You agree to indemnify and hold Quark, its affiliates and subsidiaries, and their respective officers, agents, directors, employees and assigns, harmless from any loss, liability or claim, including reasonable attorneys’ fees, of a third party arising from (i) your use of the Site and/or Services in violation of this Agreement, (ii) a breach of this Agreement, including, but not limited to, any breach of your representations and warranties, or (iii) any Content that You post on the Site.


14. Governing Law, Jurisdiction and Venue

This Agreement shall be governed in all respects by the laws of the United States of America and the State of Colorado, U.S.A., without regard to conflict of laws principles.  The District Court for the City and County of Denver, State of Colorado, and the United States District Court for the District of Colorado shall have sole and exclusive jurisdiction and venue over any dispute arising out of or in connection with this Agreement, and You hereby submit to the jurisdiction of said courts.  NOTWITHSTANDING ANYTHING IN THIS SECTION TO THE CONTRARY, QUARK, THE QUARK AFFILIATED COMPANIES AND/OR THEIR LICENSORS SHALL NOT BE PREVENTED FROM ENFORCING THEIR RESPECTIVE OR COLLECTIVE INTELLECTUAL PROPERTY RIGHTS IN ANY APPROPRIATE JURISDICTION.


15. Fees

Quark reserves the right to charge fees for the Services and to change those fees from time to time at its discretion.  In the event the Agreement is terminated, You will not be entitled to a refund of any fees paid to Quark.


16. Other

This Agreement represents the entire Agreement between the parties with respect to the subject matter hereof.  The failure by Quark to enforce any provision of this Agreement shall not operate as a waiver of such provision.  Section headings are for convenience only and have no legal effect.  If any provision of this Agreement is unenforceable, such provision may be modified or limited in its effect to the extent necessary to cause it to be enforceable.  If any provision cannot be so modified or limited, then such provision shall be severed, and the remainder of the Agreement shall remain in full force and effect. The provisions of Sections 7, 9, 10, 13 and 14 shall survive the termination or expiration of this Agreement.

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