Welcome to www.quarryandkiln.com! Quarry & Kiln, Inc., and/or its subsidiaries and affiliated companies (“we,” “our,” or “Quarry & Kiln”) own and operate the www.quarryandkiln.com website and any derivative website on which these Terms of Use are posted. We have adopted these Terms of Use (these “Terms”) to make you aware of the terms and conditions of your use of the www.quarryandkiln.com website, any derivative websites on which links to these Terms are posted, and any Content (as defined in the Content section below) or other products or services that are offered or provided via the aforementioned websites (collectively, the “Website”). If you purport to be the agent of, represent, or otherwise act on behalf of an entity or any other person, references to “you,” “your” or “User” shall include such entity or person in addition to you, and your acceptance of these Terms shall constitute acceptance on behalf of such entity or person and your representation that you have the authority to bind such entity or person to these Terms.

 

Quarry & Kiln reserves the right, at its discretion, to change, modify, add or remove portions of these Terms at any time by posting such changes to this Website. You understand that you have the affirmative obligation to check these Terms periodically for changes, and you hereby agree to periodically review these Terms for such changes. The continued use of the Website following the posting of any such modifications to these Terms will constitute your acceptance of such changes.

 

BY USING OR OTHERWISE ACCESSING THE WEBSITE; CREATING, REGISTERING OR ACCESSING AN ACCOUNT; POSTING OR DOWNLOADING CONTENT, OR ANY OTHER INFORMATION TO OR FROM THE WEBSITE; PURCHASING ANY PRODUCTS OR SERVICES VIA THE WEBSITE; OR MANIFESTING YOUR ASSENT TO THESE TERMS IN ANY OTHER MANNER, YOU HEREBY UNEQUIVOCALLY AND EXPRESSLY AGREE TO, AND SHALL BE SUBJECT TO, THESE TERMS. IF YOU DO NOT UNEQUIVOCALLY AGREE TO THESE TERMS, YOU MAY NOT USE OR OTHERWISE ACCESS THE WEBSITE, CREATE, REGISTER OR ACCESS AN ACCOUNT, POST OR DOWNLOAD CONTENT OR ANY OTHER INFORMATION TO OR FROM THE WEBSITE, OR PURCHASE ANY PRODUCTS OR SERVICES VIA THE WEBSITE. YOUR USE OF THE WEBSITE IS SUBJECT TO YOUR PRIOR AND CONTINUED ACCEPTANCE OF THESE TERMS, AS WELL AS THE TERMS OF Quarry & Kiln’s PRIVACY POLICY.

 

General Terms of Use and Restrictions on Use

Quarry & Kiln hereby grants you a limited, nonexclusive, non-assignable, nontransferable license to access and use the Website solely for the noncommercial, personal use of User or the internal business needs of the entity of which User is an authorized representative, as the case may be, subject to your agreement to, compliance with and satisfaction of these Terms. Quarry & Kiln may provide certain services or Content provided by Quarry & Kiln via the Website on a subscription basis (the “Subscription Content”). Upon payment of any applicable fees or other charges associated with such subscription, Quarry & Kiln grants you a limited, non-exclusive, non-assignable, nontransferable license to access and use such Subscription Content for the term of the subscription solely for the noncommercial, personal use of User or the internal business needs of the entity of which User is an authorized representative, as the case may be, and subject to your agreement to, compliance with and satisfaction of these Terms. All rights not otherwise expressly granted by these Terms are reserved by Quarry & Kiln. If you do not comply with these Terms at any time, Quarry & Kiln reserves the right to revoke the aforementioned license(s), limit your access to the Website or restrict your ability to post or download Content, or order products and services. You agree not to reproduce, duplicate, copy, distribute, transmit, sell, trade, resell or exploit for any purpose any portion of or any information from the Website. You may not obscure or remove any proprietary rights notices contained in or on the Content. You are solely responsible for providing, maintaining and ensuring the compatibility of all hardware, software, electrical and other physical requirements necessary for your access to and use of the Website or any part thereof.

 

Quarry & Kiln may discontinue or alter any aspect of the Website, remove Content from the Website, restrict the time the Website is available or restrict the amount of use permitted at Quarry & Kiln’s sole discretion and without prior notice or liability. You agree that Quarry & Kiln may, with or without cause, immediately suspend and/or terminate your access to the Website or any part thereof. Cause for such measures shall include, without limitation: (a) breaches or violations of these Terms or other incorporated agreements or guidelines; (b) discontinuance or material modification to the Website; (c) unexpected technical or security issues or problems; (d) extended periods of inactivity; and/or (e) engagement by you in fraudulent or illegal activities. You further agree that such measures shall be taken in Quarry & Kiln’s sole discretion and without liability to you or any third party.

 

For purposes of these Terms, references to “post” or “posting” shall refer to any manner of posting, transmitting, uploading, providing, making available or otherwise transferring material or information.

 

Quarry & Kiln’s Intellectual Property

Unless otherwise specifically noted in these Terms, images, trademarks, service marks, logos, icons and any other intellectual property (collectively, “Website IP”) displayed on this Website are the property of Quarry & Kiln, or third parties who have authorized their use by Quarry & Kiln. Nothing contained on this Website should be construed as granting any license or right to use any Website IP displayed on this Website without the written permission of Quarry & Kiln or such third party that may own the Website IP. Misuse of any Website IP, or any other Content, displayed on this Website is prohibited. The Website, including, without limitation, any Content, is the copyrighted property of Quarry & Kiln or its respective owner, and it may not be reproduced, recreated, modified, accessed, or used in any manner or disseminated or distributed to any other party in violation of these Terms. Any unauthorized use of any Content or Website IP, whether owned by Quarry & Kiln or other parties, may violate copyright laws, trademark laws, privacy and publicity laws and communications regulations and statutes. You will not copy, reverse engineer, disassemble, decompile, translate, modify, reproduce, republish, transmit, sell, offer for sale, disseminate, or redistribute the Website IP or any part thereof or grant any other person or entity the right or access to do so.

 

Accounts

For certain aspects of the Website, you may be asked to register an account. In the event you agree to register an account, you will select and/or receive a username and password upon providing registration information and successfully completing the registration process. This account is personal to you, and you will not share it or allow any other person to utilize your account. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. You agree to immediately notify Quarry & Kiln in the event (a) your registration information changes or (b) you learn of or have reason to suspect any unauthorized use of your account or login credentials or any other breach of Website security. You also agree that you will provide truthful and accurate information during the registration process. Quarry & Kiln may refuse to grant a particular username to you for any reason, including, without limitation, in the event Quarry & Kiln determines that such username impersonates someone else, is protected by trademark or other proprietary right law or is vulgar or otherwise offensive.

 

Content

You acknowledge that the Website may contain or provide access to information, software, photos, video, text, graphics, music, sounds, or other material provided by Quarry & Kiln or third parties (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other intellectual property laws, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. For the avoidance of doubt, references to Content shall include Subscription Content.

 

Feedback

We welcome your comments, feedback, information, or materials regarding the Website, Content, or Quarry & Kiln’s products or services (collectively, "Feedback"). If you submit Feedback to Quarry & Kiln, please note that your Feedback shall become the property of Quarry & Kiln. By submitting your Feedback to Quarry & Kiln, you agree to assign, and hereby irrevocably assign to Quarry & Kiln, all right, title and interest in and to the Feedback and all copyrights and other intellectual property rights embodied in such Feedback on a worldwide basis. Quarry & Kiln shall be free to use your Feedback on an unrestricted basis. You hereby assign and/or waive, as the case may be, any moral rights that you may have in or to the Feedback.

 

If you provide any Feedback via the Website, you hereby make the following representations and warranties to Quarry & Kiln: (1) you are owner of such Feedback or otherwise have the right to grant Quarry & Kiln the licenses or assignments granted pursuant to these Terms; (2) you have secured any and all consents necessary to post the Feedback and to grant the foregoing licenses or assignments; (3) the Feedback does not violate the rights of any third party, including, without limitation, the intellectual property, privacy or publicity rights of any third party, and such Feedback does not contain any personally identifiable information about third parties in violation of such parties’ rights; (4) the use of any Feedback will not result in harm or personal injury to any third party; and (5) all factual information contained in the Feedback is true and accurate.