1. Accepting These Terms

This document describes our house rules, or what we officially call our Terms of Use (hereafter the “Terms”). The Terms are a legally binding contract between you and the Inquesta Corporation (hereafter “Inquesta”), doing business as Quest Publishing. By using any of our services, you’re agreeing to the Terms.

Please note that Section 10. Disputes with Quest Publishing contains an arbitration clause and class action waiver. *

2. Your Account with Quest Publishing

You’ll need to create an account with Quest Publishing to use some of our Services. Here are a few rules about accounts with Quest Publishing:

A. Minimum Age

Users of this website and its Services must be at least 18 years old. You are responsible for all account activity conducted by a minor on your account. There may be available products or services, or material online, that may not be suitable for minors and you may want to limit access to.

B. Choose an Appropriate Name

If you decide to not have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, infringes someone’s intellectual property rights, or otherwise violates the Terms.

3. Your Content

Content that you post using our Services is your content (so, it is referred to here as “Your Content”). We don’t make any claim to it, which includes anything you post using our Services (like shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc.).

A. Responsibility for Your Content

You understand that you are solely responsible for Your Content. By using our Services, you represent that you are the rightful owner or have the rights to Your Content and that you are not infringing or violating the rights of any third party.

B. Permission to Use Your Content

By posting Your Content through our Services, you grant Quest Publishing a license to use it.  While you retain ownership of Your Content, you give us permission to use it in the normal course of business, including promotions and offers to you or other users. 

C. Rights You Grant Quest Publishing 

By providing Your Content to us, you grant Quest Publishing a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content to promote Inquesta | Quest Publishing or its affiliates and authors. You also agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognize our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information.

Consider these examples: if you upload a photo or video or an article or review, or other form of writing, to quest-publishing.com or other Inquesta site, we have permission to display it to visitors and buyers, as posted or as edited by Quest Publishing as necessary to fit mediums like a  mobile app; if you post a writing, we can translate it into another language so visitors or buyers can read the message in their language; and, unless you specifically prohibit us in writing from doing so, if you provide a review or article about one of our products or services, we can include it entirely or in part in one of our blogs, or as a testimonial to help promote business.

D. Reporting Unauthorized Content

Quest Publishing has great respect for intellectual property rights and is committed to following appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please contact legal@inquesta.com. If Your Content is alleged to infringe another person’s intellectual property, we will take appropriate action, such as disabling it if we receive proper notice or terminating your account if you are found to be a repeat infringer. We’ll notify you if any of that happens.

E. Inappropriate, False, or Misleading Content

There are certain types of content we don’t want posted on Quest Publishing’s Services (for legal reasons or otherwise). You agree that you will not post any content that in our judgment is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive, or is in violation of any part of our Terms.

4. Your Use of Our Services

We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services—subject to the Terms and the following restrictions in particular:

A. Don’t Use Our Services to Break the Law

You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. For example, as a seller it’s your responsibility to obtain any permits or licenses that your business requires, and to meet applicable legal requirements in applicable jurisdiction(s). In another example, as a buyer, certain parts, sections, or forms within printed or digital products may be reproduced for personal use, as stated within the publication, and you may not duplicate printed matter or further distribute digital products beyond the intended single sale. You may not sell or illegally distribute products in violation of copyright laws or any other laws that protect patents or copyrights, and you may not engage in fraud (including false claims or infringement notices), theft, piracy, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Quest Publishing, another Quest Publishing user, or a third party.

B. Financial Responsibility

Retailers, institutions, authors, and others qualified to purchase tangible goods (printed matter and the like) are solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services. Quest Publishing’s direct sales will collect and remit the correct amount of value-added tax or VAT for printed (tangible) publications when a tax exemption is not applicable. Digital content (intangible) downloads are tax-free since the sale occurs virtually in Florida. 

C. Share Your Ideas

We love your suggestions and ideas! They can help us improve your experience and our Services. Any unsolicited ideas or other materials you submit to Quest Publishing (not including Your Content) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

D. Talk to Us Online

From time to time, Quest Publishing will provide you with certain legal information in writing. By using our Services, you’re agreeing to permit us to forward such information to you electronically (such as by email) instead of mailed paper copies and that your electronic agreement is the same as your signature on paper.

5. Termination

A. Termination by You

We’d hate to see you go, but you may terminate your account with Quest Publishing at any time from your account settings. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination.

B. Termination by Quest Publishing. 

We may terminate or suspend your account (and any accounts Quest Publishing determines are related to your account) and your access to the Services should we have reason to believe you, your Content, or your use of the Services violate our Terms. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy on our websites or mobile apps. Generally, Quest Publishing will notify you that your account has been terminated or suspended, unless you’ve repeatedly violated our Terms, or we have legal or regulatory reasons preventing us from notifying you.

If you or Quest Publishing terminate your account, you may lose any information associated with your account, including Your Content.

C. We May Discontinue the Services

Quest Publishing reserves the right to change, suspend, or discontinue any of the Services for you, any, or all users, at any time, for any reason, including those laid out in Quest Publishing’s policies under these Terms of Use. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.

D. Survival

The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.

6. Warranties and Limitation of Liability

A. Items You Purchase

You understand that most Quest Publishing products are not printed, stored, or inspected by us. We provide the design and content of our publications, but the items are printed, listed, and sold directly by independent sellers. Quest Publishing cannot and does not make any warranties about their quality, safety, or their legality. Unless sold directly and fulfilled by us through our quest-publishing.com ordering process, any legal claim related to an item you purchase must be brought directly against the seller of the item.

B. Content You Access

You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. Quest Publishing is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to Your Content.

C. People You Interact With

You can use the Services to interact with other individuals, either online or in person, with the understanding that we do not screen users of our Services, and you release us from all liability relating to your interactions with others. Be careful and cautious when you interact with others, especially when meeting someone in person.

D. Third-Party Services

Our Services may contain links to third-party websites or services that we don’t own or control (for example, links to LinkedIn, Facebook, Twitter, and Instagram). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. Quest Publishing is not a party to those agreements; they are solely between you and the third party.

E. Promotions and Coupons

By participating in a special offer or promotion, you agree that you may not later claim that the rules of that special offer or promotion were ambiguous, and while Inquesta | Quest Publishing will normally show an expiration date on such offers, Inquesta | Quest Publishing reserves the right to terminate the validity of a coupon or other promotional offer at any time.

7. Indemnification

We hope this never happens, but if Quest Publishing gets sued because of something that you did using quest-publishing.com, you agree to defend and indemnify us. That means you’ll defend Quest Publishing (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or you or your account’s infringement of someone else’s rights.

We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.

8. Disputes with Other Users

If you find yourself in a dispute with another user of Quest Publishing’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.

A. Release of Quest Publishing

You release Quest Publishing from any claims, demands, and damages arising out of disputes with other users or parties.

9. Disputes with Quest Publishing

If we fail to meet your expectations, let us know, and we will work to resolve your issue. But if we can’t, then these rules will govern any legal dispute involving our Services:

A. Governing Law

The Terms are governed by the laws of the State of Florida, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world you live, but if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.

B. Arbitration

You and Quest Publishing agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms you can find the AAA Rules here), unless otherwise required by law. Arbitration, including threshold questions of arbitrability of the dispute, will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction.

For EU sellers, if any dispute arises in connection with the Terms, the parties may be referred by party to the Centre for Effective Dispute Resolution (“CEDR”) for mediation. The Parties agree to enter mediation to settle a good faith dispute and will do so in accordance with the CEDR’s mediation procedures. Unless otherwise agreed between the parties within 14 days of notice of the dispute, the mediator will be nominated by CEDR. To initiate the mediation a party must give notice in writing to the other party to the dispute, referring the dispute to mediation. A copy of the referral should be sent to CEDR.

Any arbitration or mediation under the Terms will take place on an individual basis. You understand that by agreeing to the Terms, you and Quest Publishing are each waiving the right to trial by jury or to participate in a class action lawsuit. Class arbitrations shall only be available if requested by either party under its Class Action Arbitration Rules and approved by the arbitration entity. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator or mediator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.

C. Costs of Arbitration

Payment for any and all reasonable AAA filing, administrative, and arbitrator fees will be in accordance with the Consumer Arbitration Rules, and in the case of CEDR, its rules. If the value of your claim does not exceed $5,000 USD, Quest Publishing will pay for the reasonable filing, administrative, and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose. For mediation through CEDR, the parties will pay their share of mediation costs, and under certain conditions such fees may be refundable to you, depending on the outcome of the mediation.

D. Forum

We’re based in Florida, so any legal action against Quest Publishing related to our Services must be filed and take place in Miami-Dade County, Florida. For all actions under the AAA Rules, the proceedings may be filed where your residence is, or in Miami, Florida, and any in-person hearings will be conducted at a location which is reasonably convenient to both parties taking into account their ability to travel and other pertinent circumstances. For any actions not subject to arbitration or mediation, you and Quest Publishing agree to submit to the personal jurisdiction of a state or federal court located in Miami-Dade County, Florida.

E. Government Exception

If you are a government agent or entity in the United States using the Services in your official capacity, and you are legally unable to agree to the clauses in this section, then those clauses do not apply to you. In that case, the Terms and any action related to the Terms will be governed by the laws of the United States (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Florida.

F. Modifications

If we make any changes to this “Disputes with Quest Publishing” section after the date you last accepted the Terms, those changes will not apply to any claims filed in a legal proceeding against Quest Publishing prior to the date the changes became effective. Quest Publishing will notify account holders of substantive changes to the “Disputes with Quest Publishing” section at least 30 days prior to the date the change will become effective. If you do not agree to the modified terms, you may send Quest Publishing a written notification (including email) or close your account within those 30 days. By rejecting a modified term or permanently closing your account, you agree to arbitrate any disputes between you and Quest Publishing in accordance with the provisions of this “Disputes with Quest Publishing” section as of the date you last accepted the Terms, including any changes made prior to your rejection. If you reopen your closed account or create a new account, you agree to be bound by the current version of the Terms.

10. Changes to the Terms

We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by posting the changes through the Services and/or sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.

11. Some Finer Legal Points

The Terms, including all the policies that make up the Terms, supersede any other agreement between you and Quest Publishing regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.

12. Contact Information

If you have any questions about the Terms, please email us at legal@inquesta.com.

 

Last updated on October 1, 2021