Your use of this Web site is subject to the following terms and conditions of use:

The following definitions are applicable to these Terms of Use: "You" or "End User" means the person using this Web site. "Software" refers to the Quark® Promote™ software. "Products" means printed or electronic materials that You create using the Software and the Templates, including items such as brochures, business cards, and post cards. "Services" means services accessible via the Software and this Web site, including the distribution of electronic newsletters and emails and the printing of Products. "Template" means the graphics, images, document layouts, artwork, text, fonts, tools, and other information that You may use to create certain printed or digital materials.

1. INTELLECTUAL PROPERTY.

©2010 Quark, Inc. and Quark Media House Sàrl as to the content and arrangement of this material. All rights reserved.

©1986-2010 Quark, Inc., Quark Media House Sàrl and their licensors as to the technology. All rights reserved.

Quark, Inc. owns all right, title and interest in and to the following United States Patents: 5,541,991, 5,907,704, 6,005,560, 6,052,514, 6,081,262, 6,633,666 B2, 6,947,959 B1, 6,940,518 B2, 7,116,843; and other patents pending.

Information on this Web site is subject to change without notice and does not represent a commitment on the part of Quark, Inc. and/or Quark Media House Sàrl. Quark products and materials are subject to the copyright and other intellectual property protection of the United States and foreign countries. Unauthorized use or reproduction without Quark’s written consent is prohibited.

2. USER ERRORS; COLOR DISCLAIMER.

2.1 User Errors. Quark takes great pride in its commitment to customer satisfaction. However, certain circumstances are beyond our control. Please note that we are not responsible for:

• Spelling, punctuation or grammatical errors made by You.
• Inferior quality or low-resolution of uploaded images.
• Design errors introduced by You in the document creation process.
• Errors in user-selected options such as choice of finish, quantity or product type.
• Damage to the Products arising after delivery to You.

Please preview your designs carefully and correct any mistakes prior to placing your order. In an effort to keep costs down and pass substantial savings along to our customers, Quark does not proof documents created by its customers prior to processing. YOU ARE SOLELY RESPONSIBLE FOR REVIEWING THE ACCURACY OF THE USER CONTENT PRIOR TO ORDERING A PRODUCT OR SERVICE. ONCE YOU APPROVE THE PRODUCT OR SERVICE FOR ORDER, YOU WILL NOT BE ELIGIBLE FOR A REFUND IF YOU LATER DISCOVER A TYPOGRAPHICAL, DESIGN, OR OTHER ERROR.

2.2 Color Disclaimer. CMYK (Cyan, Magenta, Yellow and Black) are the colors used in the printing process, whereas RGB (Red, Green and Blue) are the colors used by screen displays such as your monitor. For this reason and due to variations introduced by light and various equipment, the colors on your screen may not exactly match the colors of a printed Product. This discrepancy in tone or depth of color results from the fundamental differences between how color is produced on a video monitor and how it is produced on a color printer. QUARK AND ITS VENDORS AND AFFILIATES ARE NOT RESPONSIBLE FOR DIFFERENCES, REAL OR PERCEIVED, BETWEEN THE WAY YOUR PRODUCT APPEARS ON SCREEN AND THE FINAL PRINTED PRODUCT.

3. RETURN POLICY.

Quark guarantees that you will be satisfied with the quality of our Products (please note that as stated above in "2. User Errors; Color Disclaimer," Quark is not responsible for user errors). If you are not satisfied with any Product, please contact quarkpromote@quark.com within ten (10) days of receiving your order. If you have not received your order by the time it was scheduled, please contact quarkpromote@quark.com within ten (10) days from the date it was scheduled to arrive.

4. RESTRICTIONS.

4.1 No hosting, resale, license or other distribution. The Templates and the Software are intended for Your internal business purposes only. You may not use the Templates or the Software in any Product that results in a re-distribution or re-use of a Template or any element thereof (including but not limited to fonts, graphics and images) or is otherwise made available in a manner such that a person can extract or access or reproduce the Template or any element thereof as an electronic file. The Software and its accompanying documentation may not be rented, loaned, leased or sold. It may not be used by any other person or entity not covered by an End License Agreement, used to provide commercial hosting or application service provider services or otherwise transferred, transmitted, or used without authorization. Under no circumstances may You sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute the Templates or the Software or any of the rights granted under this License Agreement.

4.2 User Content. Quark is not responsible for the content or work product you create or submit using the Software or Templates or the Services (the "User Content"). In the event that Quark or a vendor or affiliate, in its sole discretion, deems that the User Content (i) is obscene, pornographic, inappropriate or offensive, or otherwise objectionable (ii) would expose Quark or any of its vendors or affiliates to any civil, criminal or equitable damage or risk of any type, (iii) constitutes a chain letter, pyramid schemes or other deceptive, misleading, and/or fraudulent content, including subject lines or header information that makes it difficult to identify the initiator of the email (iv) constitutes an unsolicited commercial or non-commercial communication; or (v) contains a virus, Trojan horse, worm, or other harmful component; then Quark or its vendors or affiliates may terminate the provision of any further Services to End User, and any applicable refund will be provided should Services be denied by Quark or its vendors. Quark may release any such User Content or identifiable user information to comply with applicable laws or lawful requests such as court orders or subpoenas, to protect our interests or property, or to prevent fraud. You agree that you will not include any text, image, design, trademark, service mark, or any copyrighted work of any third party in your User Content unless you have obtained the appropriate authorizations from the owners. You warrant that your User Content does not infringe upon any rights of any third party, including copyright, trademark, right of publicity or privacy, and will not libel or defame any third party, and that you have all required rights or permissions necessary to incorporate third party material into your User Content. By placing an order, you warrant that you have all necessary permission, right and authority to place the order and you authorize Quark and its affiliates or vendors to produce the Products on your behalf. You shall fully indemnify Quark and its affiliates and vendors for any damages or liabilities that Quark incurs resulting from a claim brought by a third-party against Quark in connection with the User Content.

4.3 Archival. To provide certain Services, Quark or its vendors or affiliates may, at its or their discretion, save the User Content on its or a third party’s hardware. However, Quark is not obligated to retain, backup, or protect any User Content, and Quark shall release any such User Content when requested by a court of law. Quark is not responsible for the archival, accuracy, or existence of any such saved User Content.

4.4 Compliance. If you use the Services for sending electronic mail or newsletters, you represent and warrant that each person as to whom email addresses are provided (i) can or will be categorized as an "opt-in" recipient by his, her or its agreement with You to receive such information via email, and (ii) has not or will not have notified You or any of Your affiliates of his, her or its desire not to receive email (i.e., no such person has "opted out" of the receipt of email with respect to You or Your products or services or any of Your affiliates or their products or services).

5. TRANSFER OF TITLE.

You have several options for printing the Product. If you choose to have Quark or its vendors or affiliates print the Product for You, You agree that the shipping terms for all printed Products are FOB shipping point and ownership transfers to You upon shipment. This means that the risk of loss and title for such items pass to You upon our delivery to the carrier. If you choose to print the Product yourself, or to engage a printer in your local area to print the Product, then You agree that delivery of such Product shall be deemed to have occurred either (a) at the time we transmit the Product via email or other electronic communication addressed to You or the Printer you have selected or (b) at the time we transmit a notification to You that the Product is available for downloading from the Site.

6. NO WARRANTIES; DISCLAIMER.

QUARK IS NOT THE MANUFACTURER OF THIRD-PARTY SOFTWARE OR OTHER THIRD-PARTY HARDWARE (HEREINAFTER "THIRD-PARTY-PRODUCTS") AND SUCH THIRD-PARTY PRODUCTS HAVE NOT BEEN CREATED, REVIEWED, OR TESTED BY QUARK, THE QUARK AFFILIATED COMPANIES OR THEIR LICENSORS. (QUARK AFFILIATED COMPANIES SHALL MEAN ANY PERSON, BRANCH, OR ENTITY CONTROLLING, CONTROLLED BY OR UNDER COMMON CONTROL WITH QUARK OR ITS PARENT OR A MAJORITY OF THE QUARK SHAREHOLDERS, WHETHER NOW EXISTING OR FORMED IN THE FUTURE, TOGETHER WITH ANY PERSON, BRANCH, OR ENTITY WHICH MAY ACQUIRE SUCH STATUS IN THE FUTURE.)

QUARK, THE QUARK AFFILIATED COMPANIES AND/OR THEIR LICENSORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THIS WEB SITE, THE QUARK PRODUCTS/SERVICES AND/OR THIRD-PARTY PRODUCTS/SERVICES, THEIR MERCHANTABILITY, OR THEIR FITNESS FOR A PARTICULAR PURPOSE. QUARK, THE QUARK AFFILIATED COMPANIES AND THEIR LICENSORS DISCLAIM ALL WARRANTIES RELATING TO THE QUARK PRODUCTS/SERVICES AND ANY THIRD-PARTY PRODUCTS/SERVICES. ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR COLLATERAL, AND WHETHER OR NOT, MADE BY DISTRIBUTORS, RETAILERS, XTENSIONS DEVELOPERS OR OTHER THIRD-PARTIES ARE DISCLAIMED BY QUARK, THE QUARK AFFILIATED COMPANIES AND THEIR LICENSORS, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF NON-INFRINGEMENT, COMPATIBILITY, OR THAT THE SOFTWARE IS ERROR-FREE OR THAT ERRORS CAN OR WILL BE CORRECTED. THIRD-PARTIES MAY PROVIDE LIMITED WARRANTIES AS TO THEIR OWN PRODUCTS AND/OR SERVICES, AND USERS MUST LOOK TO SAID THIRD-PARTIES FOR SUCH WARRANTIES, IF ANY. QUARK CAN NOT GUARANTEE THAT YOUR ACCESS TO THIS WEB SITE OR THE QUARK PROMOTE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS, STATES OR PROVINCES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO PARTICULAR USERS.

7. EXCLUSION OF DAMAGES.

IN NO EVENT SHALL QUARK, THE QUARK AFFILIATED COMPANIES, AND/OR THEIR LICENSORS BE LIABLE 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 ARISING FROM INSTALLATION OR USE OF THE QUARK PRODUCTS/SERVICES, OR THIS WEB SITE, IN ANY MATTER, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. IF, NOTWITHSTANDING THE FOREGOING, QUARK, THE QUARK AFFILIATED COMPANIES AND/OR THEIR LICENSORS ARE FOUND TO HAVE LIABILITY RELATING TO THE QUARK PRODUCTS/SERVICES OR THIRD-PARTY PRODUCTS/SERVICES, SUCH LIABILITY SHALL BE LIMITED TO THE AMOUNT PAID BY THE USER TO QUARK FOR THE SOFTWARE/SERVICES AT ISSUE (EXCLUDING THIRD-PARTY PRODUCTS/SERVICES), IF ANY, OR THE LOWEST AMOUNT UNDER APPLICABLE LAW, WHICHEVER IS LESS. THESE LIMITATIONS WILL APPLY EVEN IF QUARK, THE QUARK AFFILIATED COMPANIES, THEIR LICENSORS AND/OR THEIR AGENTS HAVE BEEN ADVISED OF SUCH POSSIBLE DAMAGES. SOME JURISDICTIONS, STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION OR EXCLUSION MAY NOT APPLY. ALL OTHER LIMITATIONS PROVIDED UNDER APPLICABLE LAW, INCLUDING STATUTES OF LIMITATION, SHALL CONTINUE TO APPLY.

8. SEVERABILITY.

In the event any of these provisions are or become unenforceable under applicable law, such provision shall be modified or limited in its effect to the extent necessary to cause it to be enforceable.

9. AGREEMENTS.

You understand and agree that when you attempt to use the Software, it will download to your computer, and is subject to an End User License Agreement you must assent to at that time. BY CLICKING ON "I ACCEPT" YOU WILL BE DEEMED TO HAVE ACCEPTED THE TERMS AND CONDITIONS OF THE END USER LICENSE AGREEMENT. IN ORDER TO INSTALL OR USE THE QUARK PROMOTE SOFTWARE YOU MUST ACKNOWLEDGE YOUR ACCEPTANCE BY CLICKING THE ICON. You are prohibited from sharing the software or documentation with a third party who is not bound to the terms of the End User License Agreement. In the event of a conflict between such agreements and these provisions, the relevant agreements shall control.

10. ADDITIONAL INFORMATION.

Quark, the Quark logo, Quark Promote and other Quark-related marks which Quark may adopt from time to time are trademarks or registered trademarks of Quark, Inc. and its affiliates in the U.S. and/or other countries. Microsoft, Windows, Windows Vista and Internet Explorer are registered trademarks of Microsoft Corporation in the United States and/or other countries. All other marks are the property of their respective owners. Any omission of such marks from any product is regretted and is not intended as an infringement on such marks.

11. CURRENCY OF WEB SITE.

Quark cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this Web site. Quark may revise, supplement or delete information, services and/or the resources contained in the Web site and reserves the right to make such changes without prior notification to past, current or prospective visitors.

12. INTERNET SOFTWARE OR COMPUTER VIRUSES.

Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Web site. Computer viruses or other destructive programs may also be inadvertently downloaded from this Web site. Quark shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Web site or your downloading of any of the Materials from this Web site. Quark recommends that you install appropriate anti-virus or other protective software.

13. DISPUTE RESOLUTION AND GOVERNING LAW.

13.1 End Users in the United States - Arbitration. Any dispute, controversy, or claim arising out of or related to this Web site and the Quark Promote shall be settled by arbitration by a single neutral arbitrator who is a former state or federal judge. Unless the parties agree otherwise, the arbitration shall be conducted by Judicial Arbiter Group ("JAG") or any similar arbitration organization using retired state or federal judges if JAG is no longer in existence or is unable to conduct an arbitration in the venue selected by the parties. Venue shall be Denver, Colorado. The decision of the arbitrator shall be final, nonappealable and binding upon the parties, and it may be entered in any court of competent jurisdiction. The arbitrator shall be bound by the laws of the state of Colorado and all rules relating to the admissibility of evidence, including, without limitation, all relevant privileges and the attorney work product doctrine. The arbitrator shall have the power to grant equitable relief including attorney’s fees and costs, where applicable under law and shall not be entitled to make an award of punitive damages. The obligation of the parties to submit any dispute arising under or related to this Web site or the Quark Promote software to arbitration as provided in this Section shall survive the expiration or earlier termination of an End User License Agreement.

13.2 End Users in the United States – Governing Law. Notwithstanding Section 13.1, for End Users whose principal place of business is in the United States, this Web site and the Quark Promote shall be governed in all respects by the laws of the State of Colorado, without regard to conflict of laws principles. As to such End Users, the U.S. District Court for the State of Colorado, or if federal jurisdiction does not exist, then the appropriate courts of the State of Colorado located in the City and County of Denver shall have sole and exclusive jurisdiction and venue over any dispute arising out of or in connection with this License Agreement, and the parties hereby submit themselves to the jurisdiction of said courts.

13.3 All other End Users – Governing Law and Arbitration. For all other End Users whose principal place of business is outside of the United States, this Web site and the Quark Promote Software shall be governed in all respects by the laws of England. Any dispute, controversy, or claim arising out of or related to this Web site and the Quark Promote Software shall be referred to and finally resolved by arbitration by the London Court of International Arbitration (LCIA) and in accordance with the LCIA rules of arbitration in force at the time of the opening of the proceedings by one arbitrator. The place of the arbitration shall be London, England. The language to be used in the arbitral proceedings shall be English. The obligation of the parties to submit any dispute arising under or related to this Web site and the Quark Promote Software to arbitration as provided in this Section shall survive the expiration or earlier termination of an End User License Agreement.

13.4 Injunction – All End Users Worldwide. Quark may seek and obtain an injunction or other appropriate relief from a court to preserve or protect intellectual property rights, but no such application to a court shall in any way be permitted to stay or otherwise impede the progress of any arbitration proceeding. NOTWITHSTANDING ANYTHING IN THIS WEB SITE AND THE QUARK PROMOTE SOFTWARE END USER LICENSE AGREEMENT TO THE CONTRARY, QUARK AND ITS LICENSORS SHALL NOT BE PREVENTED FROM ENFORCING THEIR RESPECTIVE OR COLLECTIVE INTELLECTUAL PROPERTY RIGHTS OR REMEDIES IN ANY APPROPRIATE JURISDICTION.

13.5 Attorneys Fees. In the event of a dispute related to this Web site or the Quark Promote Software, the prevailing party shall recover its costs and reasonable attorneys' fees in conjunction with such proceeding.

14. EXPORT RESTRICTIONS.

You may not export or transmit, directly or indirectly, any technical data or products received from Quark except in full compliance with all U.S. Export Administration Regulations and the import/export rules of any other country. Diversion contrary to U.S. or other law is expressly prohibited. You agree to comply with all applicable export laws and regulations and the laws, regulations, and rules of any country or region which apply to an end user’s use of the Quark Promote Software.