IMPORTANT: PLEASE CAREFULLY REVIEW THIS END USER LICENSE AGREEMENT ("AGREEMENT").
IF YOU INSTALL OR USE ANY SOFTWARE PRODUCT THAT ACCOMPANIES OR IS ASSOCIATED WITH THIS AGREEMENT, THIS AGREEMENT WILL LEGALLY BIND YOU AND QB-Media (referred to as "QB-Media" or "we") AS THE OWNER AND LICENSOR OF THE SOFTWARE.
IF YOU DO NOT AGREE TO THIS AGREEMENT OR DO NOT WISH TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT INSTALL OR USE THE QB-Media SOFTWARE.
FOR INFORMATION REGARDING QB-Media's REFUND POLICY, PLEASE REFER TO OUR POLICY DOCUMENT.
THIS AGREEMENT REQUIRES THE BINDING ARBITRATION OF ANY DISPUTES (EXCEPT FOR SPECIFIC INTELLECTUAL PROPERTY CLAIMS AND SMALL CLAIMS) AS DETAILED IN SECTION 14 BELOW. WE STRONGLY ENCOURAGE YOU TO READ THIS AGREEMENT IN ITS ENTIRETY, INCLUDING SECTION 14.
THIS AGREEMENT APPLIES TO YOU AND ANY INDIVIDUALS YOU AUTHORIZE TO INSTALL OR USE THE QB-Media SOFTWARE, AS OUTLINED IN THIS AGREEMENT.
This Terms of Service and End User License Agreement (the "Agreement") is issued by QB-Media and governs your use of and access to our products and services, including:
Collectively, these elements are referred to as the "Products." This Agreement should be read in conjunction with the QB-Media Privacy Policy, available at https://www.QB-Media/privacy-policy/. Your use of the Products signifies your agreement to both this Agreement and the Privacy Policy. If you are using the Products on behalf of an employer or another organization, you are also confirming your acceptance of this Agreement on behalf of that entity. The term "Products" encompasses both software and services provided directly by QB-Media, as well as those marketed or supplied by third parties through QB-Media.
QB-Media may periodically update this Agreement to account for changes in existing products, the introduction of new products, enhancements, features, or alterations in the legal or regulatory framework relevant to the Sites, Services, or Software. In the event of such changes, QB-Media will provide notice of the revised Agreement, typically through public notifications on the Sites, at least thirty days before the updated Agreement takes effect.
IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT OR ANY FUTURE REVISIONS, YOU MUST CEASE ALL USE OF THE PRODUCTS IMMEDIATELY AND TERMINATE ANY ASSOCIATED ACCOUNTS.
By using the Products, you confirm the following commitments:
The Products may include Software designed to safeguard your data and identity. This Software can be downloaded from the respective product Site and is periodically updated. Your right to use the Software is contingent upon your compliance with the terms outlined in this Agreement.
QB-Media hereby grants you a limited, personal, internal use, non-exclusive, non-transferable, and revocable license to use the Software solely in connection with this Agreement and the Products.
This Agreement does not transfer any ownership rights in the Software to you. By accepting this Agreement, you acknowledge that the Software is licensed to you by QB-Media and is not sold or otherwise transferred to you.
As further detailed in Section XII below, QB-Media explicitly disclaims warranties of non-infringement, merchantability, and fitness for a specific purpose. We do not guarantee that the Software will:
QB-Media employs reasonable efforts to protect your data; however, we cannot guarantee the security of your data in all circumstances, foreseeable or unforeseeable.
As explained further in Section XIV below, QB-Media disclaims all liability for the Software, including losses or liabilities resulting from compromised or lost data due to the Software. The Software may make changes to your computer or mobile device that could affect its functionality, such as deleting system or application files identified (accurately or inaccurately) by the Software as infected or potentially problematic. You acknowledge and accept these changes as a result of using the Software. Under no circumstances will QB-Media be liable for damages, including lost profits or data, or other incidental or consequential damages, arising from your use or inability to use the Software or any data provided with it, even if QB-Media has been advised of the possibility of such damages or faces claims from other parties.
The Software and Services are not designed for use in high-risk environments where fail-safe performance is necessary, such as nuclear facility operations, air traffic communications systems, weapons systems, life support machines, or any application where Software or Services failure could result in death, personal injury, data loss, or severe physical or property damage.
Upon installing desktop Software or mobile apps from QB-Media, you acknowledge the following Software behaviors:
QB-Media, in partnership with Identity and Credit Services, Inc. ("IDCS"), offers comprehensive identity protection services. Your use of the credit monitoring and identity protection services is subject to additional terms and conditions from IDCS.
Some of the Services may allow you to access and review your credit report, credit score, or receive alerts related to changes in your credit reports (the "Credit Monitoring Service"). By using the QB-Media Product that provides the Credit Monitoring Service, you agree to provide written instructions and consent in accordance with the Fair Credit Reporting Act, authorizing QB-Media, MyCleanID, and RealDefense's service providers, including IDCS, to obtain your consumer report information, including credit information, from one or more of the three major nationwide credit reporting agencies (Equifax, Experian, and TransUnion), or any other credit bureau from which QB-Media and its service providers obtain consumer information.
You also agree and authorize IDCS, its agents, and employees, to share your personally identifiable information (or, if applicable, information about your enrolled child) with third parties as outlined in our Privacy Policy, which may be updated from time to time.
By accepting this Agreement, you waive any claims against IDCS, its agents, and employees for the actions or omissions of these third parties in relation to the use or disclosure of such information.
Furthermore, you grant IDCS and its agents and employees permission to obtain various information and reports about you (or your enrolled child, if applicable) to provide the products and/or services. This information may include address history reports, name and alias reports, criminal reports, sex offender reports, and monitoring and alerts.
During the enrollment process for the MyCleanID product, IDCS may request various types of information, including:
Contact information (such as name, address, phone number, and email address).
Sensitive information (such as date of birth, driver's license number, and social security number).
Personal information for identity verification.
Financial information (such as credit card number).
This information is necessary for identity verification, billing purposes, and to provide the Products to you, including communication with third parties as needed, such as identification verification companies, consumer reporting agencies, payment validation companies, law enforcement agencies, or other authorized entities.
While QB-Media will assist you with any issues related to the Credit Monitoring Service, if you need to contact IDCS, you can do so by writing to its agent at:
Identity and Credit Services, Inc.
QB-Media may offer remote technician services, including live technical support and troubleshooting, either over the phone or through your computer or device (collectively referred to as the "Remote Services"). Your use of the Remote Services is subject to the terms and conditions outlined in this Agreement.
By utilizing the Remote Services, you grant QB-Media, its employees, and its contractors permission to access and control your computer, including the installation and use of software, collection of system data, and modification of your device settings for the purposes of diagnosis, service, and repair.
QB-Media, its employees, and its contractors shall not be held responsible or liable under any circumstances for any loss or harm arising from or related to the Remote Services.
Please note that QB-Media does not provide separate backup copies or support for the installation of unlicensed software. It is your responsibility to ensure that you possess licensed copies of all necessary software.
QB-Media will make reasonable efforts to resolve your technical issues, but we cannot guarantee the successful resolution of all problems. The provision of Remote Services may not be successful in cases where the issue is beyond our ability to resolve remotely.
You also grant QB-Media permission to monitor and record the Remote Services, including telephone calls and online sessions, for purposes such as improving customer service, internal training, and internal market research. Furthermore, you authorize QB-Media to use or disclose such information as necessary or appropriate to comply with any law, regulation, or governmental request, provide the Remote Services to you, protect QB-Media and its customers, and enhance future Remote Services offerings.
Agents providing Remote Services do not perform data backup or restoration as part of the Remote Services, and QB-Media shall not be liable for any loss or damage to information on your computer or device in connection with the Remote Services. You are solely responsible for maintaining and backing up your data, including text, software, or other stored materials ("Data") prior to using the Remote Services.
QB-Media may offer online backup services (referred to as "Online Backup Services") designed to upload and synchronize your Data to an internet-connected facility. Your use of the Online Backup Services is subject to the terms and conditions detailed in this Agreement.
QB-Media agrees to provide the Online Backup Services in a professional and workmanlike manner and in compliance with all applicable regulations.
While QB-Media will use commercially reasonable efforts to assist you with backing up and recovering your Data using the Online Backup Services, we cannot guarantee that we will be able to recover your Data in all circumstances. Therefore, your use of the Products is at your sole risk, and you are solely responsible for any damage to your computer system and any loss of or damage to data or information resulting from your use of the Products. If you decide to terminate or discontinue the Online Backup Services, you will have ten days to remove all your accessible Data from the Online Backup Services. After this ten-day period expires, QB-Media will delete your Data.
You acknowledge that some of the Products incorporate software or applications developed by third-party providers (referred to as "Third-Party Providers"). These Third-Party Providers include AnchorFree AG (developer of Hotspot Shield), BitDefender (developer of BitDefender Antivirus), ShieldApps (developer of MyCleanPC, MyCleanID, MyPassLock), Kaspersky Lab Switzerland GmbH (developer of VirusFix), Systweak Software (developer of MyCleanMac and GetMyDrivers), and Cyren, Inc. (provider of certain features in System Mechanic Professional, System Mechanic Ultimate Defense, Malware Killer, and System Shield). With regard to any software or applications developed or provided by Third-Party Providers, QB-Media:
Makes no warranties, whether express or implied.
Provides no guarantees regarding performance, uptime, or availability.
Expressly disclaims any liability for claims related to or arising from the use of products, software, or applications provided by Third-Party Providers.
Will not be responsible for providing support for software or applications provided by Third-Party Providers.
You agree to indemnify, defend, and hold QB-Media harmless from any claim relating to or arising from the use of any product, software, application, or service provided by a Third-Party Provider.
By accepting this Agreement, you grant QB-Media and its affiliated companies permission to contact you for marketing or other purposes using automated telephone dialing systems, artificial or prerecorded voice messages, and email. Your consent to this provision is not a condition of purchasing any Products. You may revoke your consent at any time by notifying us of such revocation.
Your use of the Products obligates you to comply with all applicable intellectual property laws, including copyright laws. You agree not to upload, download, display, perform, transmit, or distribute any Content in violation of any person's or entity's copyrights, trademarks, or other intellectual or proprietary rights.
QB-Media reserves the right to terminate your ability to upload, download, display, perform, transmit, or distribute such Content and to delete any such Content from its servers.
The services provided herein are protected by copyright, trademark, patent, and other United States and foreign laws. This Agreement does not grant you any rights, title, or interest in the Products or any QB-Media trademarks, logos, or other brand features. You may not use or display any trademarks or service marks owned by QB-Media without prior written consent.
If you believe that your or another person's or entity's copyrights are being violated, you may request that QB-Media remove, edit, or disable the infringing information. Please refer to the DMCA Agent section in this Agreement for further details.
You are responsible for providing accurate and up-to-date billing information in your account profile. Failure to do so may result in issues with billing or access to the Products. You can update your payment settings in your account profile at https://www.QB-Media/acc/subscriptions/.
All payments related to the Products are your responsibility. Unless explicitly stated otherwise, payments are exclusive of taxes, and you are responsible for ensuring that all applicable taxes have been paid.
For monthly subscription plans, you will be automatically billed on or around the last day of your expiring subscription. For annual subscription plans, you will receive a notification email before the renewal date, reminding you that your plan will renew, and payment will be processed on the renewal date.
QB-Media will continue to bill your account until it is canceled or terminated. You may cancel your account by contacting QB-Media via phone at (801) 857-2775 or through online chat, email, or the website contact form.
Refunds for standalone Software purchases (not provided as part of a Service) will be granted only if you contact QB-Media within thirty days of purchase by phone at (801) 857-2775. While QB-Media will process your refund within ten business days, it may take your financial institution longer to post the credit to your account.
Monthly and annual subscription fees are non-refundable. All other charges, fees, and taxes are also non-refundable unless explicitly stated.
You have the freedom to stop using the Products at any time. QB-Media reserves the right to suspend or terminate your access to some or all of the Products with notice in cases such as:
A breach of this Agreement.
Use of the Services in a manner that poses a real risk of harm or loss to QB-Media or other users.
Delinquency in meeting your payment obligations.
In instances where QB-Media terminates your access, reasonable advance notice will be provided via the email address associated with your account. This notice will give you an opportunity to address the issue that prompted the notice and export your data from the Products. If you fail to take the necessary steps after such notice, QB-Media may terminate or suspend your access to the Products.
QB-Media may terminate your account immediately without prior notice in specific cases, including:
A material breach of this Agreement.
Providing notice of termination would result in legal liability or hinder our ability to serve other customers.
Prohibition by applicable law.
NO WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY LAW, QB-Media, ITS AFFILIATES, SUPPLIERS, AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE PRODUCTS. THE PRODUCTS ARE PROVIDED "AS IS."
QB-Media AND ITS AFFILIATES DISCLAIM WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, QB-Media, ITS AFFILIATES, SUPPLIERS, AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE PRODUCTS. THE PRODUCTS ARE PROVIDED "AS IS."
QB-Media AND ITS AFFILIATES DISCLAIM WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
ou agree to indemnify, defend, and hold harmless QB-Media, its parent and affiliate companies, and its officers, directors, employees, consultants, and agents from any and all third-party claims, liabilities, demands, disputes, causes of action, losses, damages, and costs and expenses of any kind (referred to as "Claims"), resulting from:
Your use of the Products in a manner not authorized by this Agreement.
A significant breach of the provisions in this Agreement or the Privacy Policy.
Acts or omissions on your part that infringe, misappropriate, or otherwise violate the intellectual property rights of any other person.
You agree to promptly inform QB-Media if you become aware of:
An act of infringement, violation, or misappropriation of the intellectual property of any other person.
Any unauthorized use of your account or any other security breach you are aware of.
To the maximum extent permitted by law, QB-Media, its affiliates, suppliers, contractors, and distributors shall not be liable for any indirect, special, incidental, punitive, exemplary, or consequential damages, or any damages related to the loss of use, data, business, or profits, regardless of the legal theory.
These exclusions and limitations shall apply even if QB-Media or any of its affiliates has been advised of the possibility of such damages.
If you use the Services for commercial, business, or resale purposes, QB-Media, its affiliates, suppliers, and distributors shall have no liability for any damages related to the loss of profit, business, business interruption, or loss of business opportunity. QB-Media and its affiliates are not responsible for the conduct, whether online or offline, of any user of the Services.
We limit our liability to you to the greater of 50 USD or the actual amount you have paid under your current service plan with QB-Media.
Before initiating formal legal proceedings, we prefer to attempt to resolve any issues directly. You agree that before filing a claim against QB-Media, you will contact us at support@QB-Media to discuss your concerns. If we are unable to resolve the dispute within 30 days after your initial contact, you may file a formal claim.
The following dispute resolution processes apply:
Informal Negotiations: To expedite dispute resolution, you and QB-Media agree to engage in good-faith negotiations to resolve the dispute before filing a formal claim. If the dispute is not resolved within 30 days, you or QB-Media may proceed to formal arbitration.
Binding Arbitration: Any dispute or claim arising out of or relating to this Agreement or the use of the Products that cannot be resolved through informal negotiations shall be settled through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration will be conducted in Los Angeles, California, unless you and QB-Media agree otherwise. Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Class Action Waiver: You and QB-Media agree that any claims must be brought in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Waiver of Jury Trial: You and QB-Media waive the right to a trial by jury.
This dispute resolution section shall survive any termination of this Agreement.
Entire Agreement: This Agreement, including all documents incorporated herein by reference, constitutes the entire agreement between you and QB-Media regarding your use of the Products and supersedes any prior agreements or understandings between you and QB-Media.
Governing Law: This Agreement is governed by the laws of the state of California, without regard to its conflict of law principles.
Severability: If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
Waiver: The failure of QB-Media to enforce any right or provision of this Agreement shall not constitute a waiver of that right or provision.
Assignment: You may not assign this Agreement without the prior written consent of QB-Media, but QB-Media may assign or transfer this Agreement, in whole or in part, without restriction.
Survival: The following sections shall survive any termination or expiration of this Agreement: No Warranties, Indemnity, Limitation of Liability, Dispute Resolution, and Miscellaneous Terms.
If you have any questions or concerns about this Agreement or the Products, please contact us at:
QB-Media
Email: support@QB-Media