Quest of Heart Inc. takes the issue of privacy on the Internet very seriously. To view Your Privacy Rights, click here.
General Conditions of Use
Quest of Heart Inc. hopes you enjoy the Site and use it safely and constructively. Your use of the Site does not entitle you to continue to use the Site. Your use of the Site is at the sole discretion of Quest of Heart Inc., which may deny you further use of the Site at any time, for any reason, with or without cause.
Your use of the Site must always comply with applicable law. In particular, but without limitation, you agree and represent not to use the Site to:
Access and Interference
Systematic retrieval of data from this site to create or compile directly or indirectly, in whole or in part, a collection, compilation, database or directory without the express written permission of Quest of Heart Inc. is strictly prohibited. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass any code which may be included to prevent you from breaching the obligations in this paragraph or to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our or our host’s infrastructure.
You may not engage in the practices of “screen scraping,” “database scraping,” or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from this site, in any manner or in any quantities not authorized by Quest of Heart Inc. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Quest of Heart Inc. or its affiliates without prior express written consent. You may not use meta tags or any other “hidden text” utilizing Quest of Heart Inc.’s name or trademarks without the express written consent of Quest of Heart Inc.
Quest of Heart Inc. does not randomly send out copies of our advertisements or promotional materials via the US Postal Service or Canada Post.
Intellectual Property Rights
The Site is protected by copyright, trademark, trade dress and other intellectual property rights.
No part of this Site may be reproduced, used or appropriated in any manner for any purpose without the express written consent of Quest of Heart Inc.
Third Party Copyrights
Quest of Heart Inc. respects the intellectual property of authors and creators of visual images and we ask our customers to do the same. A copyright exists in nearly all images and artwork. Copyright vests in its owner the exclusive right to make copies, publicly distribute copies, publicly display the work, and prepare other works based on the original. Federal law provides both civil and criminal penalties for violation of a copyright. Quest of Heart Inc. and its users are each subject to the copyright laws.
You represent and warrant that you possess all necessary rights to use the content that you submit to Quest of Heart Inc., whether in our published materials or through the Site, and that use of such content does not violate the foregoing. You agree to defend, indemnify, and hold us harmless from and against any and all claims arising out of or relating to any content that you submit to us. By submitting content, you automatically grant, or warrant that the owner of such content has expressly granted, a royalty-free, perpetual, irrevocable right and license to use the content in any manner that Quest of Heart Inc. deems appropriate, in our sole and exclusive discretion.
If you have any questions, you should consult a lawyer who specializes in copyright law.
Links to Other Sites; Framing this Site
The Site may contain links to third party websites. Such third party websites are not under the control of Quest of Heart Inc. Please note that Quest of Heart Inc. is not responsible for the accuracy or content of websites of other providers, even if a link has been provided from this Site. Accordingly, Quest of Heart Inc. can neither make a representation concerning the content of these sites to you nor can the fact that Quest of Heart Inc. has provided this link serve as an endorsement by Quest of Heart Inc. of this or any other site. In creating hypertext links to any other website, Quest of Heart Inc. is not recommending that website or giving any assurances as to its standing. Quest of Heart Inc. is providing this link only as a convenience to you. The inclusion of these links is not intended to reflect their importance, nor is it intended to endorse any views expressed, or products or services offered, on these outside sites, or the organizations sponsoring the sites. Quest of Heart Inc. makes no warranties, explicit or implied, regarding the performance of the links, the performance of the outside sites or the contents of the outside sites. If you decide to access linked third party websites, you do so at your own risk.
You may not frame or utilize framing techniques to enclose any portion of this Site (including any image found on this Site, any trademark, logo, or other proprietary information or any text or the layout/design of any page or form contained on this Site) without prior express written consent.
Comments and Submissions
Quest of Heart Inc. appreciates your comments, remarks, feedback, suggestions, ideas and other submissions you disclose or transmit directly to us (collectively, “Your Comments”). Quest of Heart Inc. is not obligated to keep Your Comments confidential or pay you or anyone else any money for Your Comments. Your Comments shall become the property of Quest of Heart Inc. upon receipt, which means that Quest of Heart Inc. shall own all right, title and interest in and to Your Comments.
Users of the Site are able to make certain comments, reviews, submissions and messages that are publicly-accessible on the Site (collectively, “Public Postings”). When you submit Public Postings, you grant Quest of Heart Inc., and all others who access the Public Postings, the worldwide, royalty free and non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Public Postings (in whole or part) worldwide and/or to incorporate them in other works in any form, media, or technology now known or later developed. Quest of Heart Inc. shall have the right to use photos or other images you submit to us or post on the Site, such as images of completed crafting projects, in marketing materials, advertising or in any other manner, so long as such images do not include personally identifying text, without securing your additional approval.
Quest of Heart Inc. has no obligation to monitor postings, however, you acknowledge that Quest of Heart Inc. has the right (but not the obligation) in their sole discretion to refuse, delete or move any Public Posting that is made on the Site. In particular, but without limitation, Quest of Heart Inc. shall have the right to remove any Public Posting that violates this Agreement, applicable law, or is otherwise objectionable as determined by Quest of Heart Inc. in its sole discretion.
You understand that if you include your email address in any Public Posting to the Site, that you may receive unsolicited emails for which Quest of Heart Inc. bears no responsibility.
You agree to defend, indemnify, and hold completely harmless Quest of Heart Inc. and its officers, directors, agents, and employees from and against any and all claims, damages, costs, and expenses, including without limitation claims based upon the negligence of Quest of Heart Inc., arising from or related to your use of the Site, the materials it contains, and any sites linked to this Site. You further agree to Indemnify and hold us, our subsidiaries or affiliates, and our officers, directors, agents, and employees harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your negligence, breach of this Agreement, or violation of any law or the rights of a third party or due to or arising out of your use of the Site.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
QUEST OF HEART INC. MAKES NO WARRANTY THAT:
NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM QUEST OF HEART INC. OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY. QUEST OF HEART INC. MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ANY INDIVIDUALS WHO USE THIS SITE.
YOU AGREE THAT THE TERMS OF THIS SECTION SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THE SITE INCLUDING, BUT NOT LIMITED TO, ANY FILES THAT ARE DOWNLOADED FROM THE SITE.
SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES SO THESE LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
IN NO EVENT SHALL QUEST OF HEART INC. BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT QUEST OF HEART INC. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF QUEST OF HEART INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
QUEST OF HEART INC. SHALL NOT BE HELD LIABLE FOR ANY REPRESENTATIONS ON THIRD PARTY SITES IN RELATION TO THE INFORMATION PROVIDED IN THIS SITE.
YOU AGREE THAT THE TERMS OF THIS SECTION SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THE SITE INCLUDING, BUT NOT LIMITED TO, ANY FILES THAT ARE DOWNLOADED FROM THE SITE OR MERCHANDISE ORDERED AS A RESULT OF INTERACTIONS WITH THE SITE.
IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY OF THE INFORMATION CONTAINED THEREON, OR REFUSE TO ABIDE BY THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE. NOTWITHSTANDING THE FOREGOING, QUEST OF HEART INC’S LIABILITY TO YOU SHALL BE LIMITED IN ALL INSTANCES TO AN AMOUNT NOT TO EXCEED $50. YOU FURTHER AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST QUEST OF HEART INC. ARISING OUT OF THE USE OF THE SITE.
Because of the dynamic nature of the Internet environment, Quest of Heart Inc. may update, revise, supplement, modify or amend this Agreement at any time. Any update, revision, supplementation, modification or amendment shall be effective immediately upon its posting on the Site. You agree that you will be bound by this Agreement, however and whenever it is updated, revised, supplemented, modified, or amended, whether you have actual or constructive notice of, and whether you have used or continue to use the Site after the updates, revisions, supplementations, modifications or amendments.
Entire Agreement; Interpretation
This Agreement constitutes the entire agreement between you and Quest of Heart Inc. with respect to your use of the Site. There are no other representations, warranties, terms, agreements, or conditions, either written or oral, with respect to your use of the Site except as set forth in this Agreement, and you agree that you have not relied on any other representations, warranties, terms, agreements, or conditions. The section headings used herein are for convenience only and shall not be given any legal import.
The terms herein as they relate to any services or merchandise made available on the Site are supplemented by our statement related to Your Privacy Rights. To view this statement, click here.
If any provision of this Agreement is deemed unlawful, void, voidable or unenforceable for any reason by any court or other tribunal of competent jurisdiction, then such provision(s) shall be reformed without further action by the parties to the extent necessary to make such provision(s) valid and enforceable when applied to such facts or circumstances, with the objective of achieving as nearly as legally possible the same effect.
Governing Law and Venue
This Agreement, the entire relationship between you and Quest of Heart Inc., and any litigation or other legal proceeding between you and Quest of Heart Inc. (whether grounded in tort, contract, statute, law, or equity) shall be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to its choice of law rules. Reasonable attorneys’ fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this Agreement.
This contract is fully performable in Douglas, Georgia. Any litigation arising between the parties hereto shall be brought only in the state or federal courts having subject matter jurisdiction in Coffee County, Georgia. You hereby irrevocably and unconditionally consent to the jurisdiction of any such court and hereby irrevocably and unconditionally waive any defense of an inconvenient forum to the maintenance of any action or proceeding in any such court, any objection to venue with respect to any such action or proceeding, and any right of jurisdiction on account of the place of residence or domicile of any party thereto.
This Agreement will remain in full force and effect while you use the Site.
Quest of Heart Inc. may terminate your right to use this Site, with or without cause at any time in its sole discretion, including, without limitation, your violation of this Agreement, failure to provide accurate registration data, and lack of use. In the event of termination, all representations, warranties, indemnifications, and promises made by you shall survive.
The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions.
You consent to receive communications from us by e-mail. You agree that all agreements, notices, disclosures and other communications that we provide to you by e‑mail satisfy any legal requirement that such communications be in writing. If you have other questions about how we might use your e-mail address please click here and review Your Privacy Rights.
If you have a comment, question or request, or if you need to contact Quest of Heart Inc. for any other reason, please click here.
Effective Date: 8/11