TERMS AND CONDITIONS
These terms and conditions (“Terms,” “Agreement”) are an agreement between Quiksta, Inc (“Quiksta,” “us,” “we,” or “our”) and you (“User,” “you,” or “your”). This Agreement sets forth the general terms and conditions of your use of the Quiksta mobile application and any of its products or services (collectively, “Mobile Application,” or “Services”).
By using the Services, you agree to this Agreement. If you do not agree with this Agreement, you are not permitted to use the Services.
Accounts and Membership
If you create an Account in the Mobile Application, you are responsible for maintaining the security of your Account and you are fully responsible for all activities that occur under the Account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and use our Services.
In creating an Account, you represent to us that all information provided to us in such process is true, accurate and correct, and that you will update your information as and when necessary in order to keep it accurate. You may not impersonate someone else, create or use an Account for anyone other than yourself, provide an email address other than your own, or create multiple Accounts except as otherwise authorized by us. Providing false contact information of any kind may result in the termination of your Account.
You must immediately notify us of any unauthorized uses of your Account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your Account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your Account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
By creating an Account, you agree to receive certain communications in connection with the Services. For example, you might receive communications from us regarding your Account.
We do not own any data, information or material that Users create, upload, send, or store in the Mobile Application in the course of using the Service (“Content”). You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may, but have no obligation to, monitor and review the Content you create or submit in the Mobile Application or the Services.
For all Content you create, upload, send, or store to the Services or Mobile Application, you grant Quiksta and our affiliates a worldwide, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute that Content. This license is for the limited purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones. In addition, for all Content you submit to the Services or Mobile Application, you grant Quiksta and our affiliates a perpetual license to create derivative works from, promote, exhibit, broadcast, syndicate, publicly perform, and publicly display such Content in any form and in any and all media or distribution methods (now known or later developed). To the extent it’s necessary, when you appear in, create, upload, or send Content, you also grant Quiksta, our affiliates, and our business partners the unrestricted, worldwide, perpetual right and license to use your name, likeness, and voice, including in connection with commercial or sponsored content. This means, among other things, that you will not be entitled to any compensation from Quiksta, our affiliates, or our business partners if your name, likeness, or voice is conveyed through the Services, either on Services or on one of our platforms.
Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, we may access, review, screen, and delete your Content at any time and for any reason, including to provide and develop the Services or if we think your content violates this Agreement. You alone, though, remain responsible for the Content you create, upload, send, or store through the Service.
The Content of Others
Much of the content on our Services is produced by Users, publishers, and other third parties, aside from you. Content of all other Users is the sole responsibility of the person or organization that submitted it. Although Quiksta reserves the right to review or remove all Content that appears on the Services or Mobile Application, we do not necessarily review all of it. So we cannot—and do not—take responsibility for any Content that Users provide through the Services or Mobile Application.
We do not want the Services put to bad or inappropriate users. However, because we do not review all Content, we cannot guarantee that Content on the Services or Mobile Application, or that our users’ use of our Services, will always conform to these Terms.
Copyright of Others
Quiksta honors copyright laws, including the Digital Millennium Copyright Act. We therefore take reasonable steps to expeditiously remove from our Services any infringing material that we become aware of. And if Quiksta becomes aware that any of its Users has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the User’s Account.
If you believe that anything on the Services infringes a copyright that you own or control, please report it by contacting us at firstname.lastname@example.org.
Billing and Payments
To utilize certain features of the Mobile Application you may be required to pay an annual subscription fee.
Should you elect to pay a subscription fee, then you may be asked to pay with a payment method you have previously submitted/stored with a third-party payment processor (e.g., Apple’s App Store), or you may be asked to provide customary billing information such as name, billing address, and financial instrument information (e.g., account information, debit or credit card number, security code, expiration date) to such third-party payment processor. It is your obligation to keep your payment method up-to-date at all times.
Should you elect to pay a subscription fee to utilize the Mobile Application, then you agree that you shall pay all fees or charges to your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected. We reserve the right to change the Services and pricing at any time. We will notify you of any pricing changes before your subscription automatically renews, if applicable. We also reserve the right to refuse any subscription you place with us. We may, in our sole discretion, limit or cancel purchases, subscriptions. In the event that we make a change to or cancel a subscription, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
Accuracy of Information
Occasionally there may be information in the Mobile Application that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel subscriptions if any information in the Mobile Application or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Mobile Application including, without limitation, pricing information, except as required by law. No specified update applied in the Mobile Application should be taken to indicate that all information in the Mobile Application or on any related Service has been modified or updated.
We are not responsible for Content residing in the Mobile Application. In no event shall we be held liable for any loss of any Content. It is your sole responsibility to maintain appropriate backup of your Content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your Content that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data or Content you need will be available.
Links to Other Mobile Applications
Although the Mobile Application may link to other mobile applications, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked mobile application, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their mobile applications. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any mobile application that you access through a link from the Mobile Application. Your linking to and/or use of any other off-site mobile applications is at your own risk.
In addition to other terms as set forth in this Agreement, you are prohibited from using the Mobile Application or any content contained in the Mobile Application or Services: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information or Content; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related mobile application, other mobile applications, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related mobile application, other mobile applications, or the Internet. We reserve the right to terminate your use of the Service or any related mobile application for violating any of the prohibited uses.
You agree to use the Services only for purposes that are permitted by (a) these Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
You agree not to access (or attempt to access) any of the Services by any means other than the interface that is provided by Quiksta, unless you have been specifically allowed to do so, by way of a separate agreement with Quiksta. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers).
Intellectual Property Rights
We grant you a personal, limited, non-exclusive and non-transferable license to access and use the Services only as expressly permitted in these Terms, and as subject to applicable subscription fees. You agree not to use, copy, display, distribute, modify, broadcast, translate, reproduce, reformat, incorporate into advertisements and other works, sell, promote, create derivative works, or in any way exploit or allow others to exploit the Services in whole or in part except as expressly authorized by us. Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to the Services or the Mobile Application.
Any violation by you of the license provisions contained in this Section may result in the immediate termination of your right to use the Services, as well as potential liability for copyright and other intellectual property infringement depending on the circumstances.
This Agreement does not transfer to you any intellectual property owned by Quiksta or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Quiksta. All trademarks, service marks, graphics and logos used in connection with our Mobile Application or Services, are trademarks or registered trademarks of Quiksta or Quiksta licensors. Other trademarks, service marks, graphics and logos used in connection with our Mobile Application or Services may be the trademarks of other third-parties. Your use of our Mobile Application and Services grants you no right or license to reproduce or otherwise use any Quiksta or third-party trademarks.
Disclaimer of Warranty
YOU AGREE THAT YOUR USE OF OUR MOBILE APPLICATION OR SERVICES IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT SUCH SERVICE IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT THE SERVICES HAVE BEEN AND WILL BE PROVIDED WITH DUE SKILL, CARE AND DILIGENCE OR ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES. WE MAKE NO WARRANTY THAT THE SERVICES OR MOBILE APPLICATION WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE OR MOBILE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR MOBILE APPLICATION OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR MOBILE APPLICATION OR THAT DEFECTS IN THE SERVICE OR MOBILE APPLICATION WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF SERVICE OR MOBILE APPLICATION IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL QUIKSTA, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE TO ANY PERSON FOR (A): ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, SALES, GOODWILL, USE OF CONTENT, IMPACT ON BUSINESS, BUSINESS INTERRUPTION, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITY) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, BREACH OF STATUTORY DUTY, NEGLIGENCE OR OTHERWISE, EVEN IF QUIKSTA HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE FORESEEN SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF QUIKSTA AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS, RELATING TO THE SERVICES WILL BE LIMITED TO AN AMOUNT GREATER OF ONE HUNDRED DOLLARS ($100.00) OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU TO QUIKSTA FOR THE SUBSCRIPTION PERIOD PRIOR TO THE FIRST EVENT OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. THE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE.
You agree to indemnify, defend, and hold harmless the Quiksta and its affiliates and business partners from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with: (i) your Content, (ii) your unauthorized use of the Services or Mobile Application; (iii) your access to and use of the Services or Mobile Application; (iv) your violation of any rights of another party; or (v) your breach of these Terms, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party. We retain the exclusive right to settle, compromise and pay, without your prior consent, any and all claims or causes of action which are brought against us. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter in which we are named as a defendant and/or for which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Data Charges and Mobile Phones
You are responsible for any mobile charges that you may incur for using the Services or Mobile Application, including data charges. If you’re unsure what those charges may be, you should ask your service provider before using the Services.
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Delaware, United States without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of United States. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Delaware, United States, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third-party as part of the sale of all or substantially all of its assets or stock or as part of a merger.
Changes and Amendments
We reserve the right to modify this Agreement or its policies relating to the Mobile Application or Services at any time, effective upon posting of an updated version of this Agreement in the Mobile Application. When we do, we will post a notification in our Mobile Application. Continued use of the Mobile Application after any such changes shall constitute your consent to such changes.
Acceptance of These Terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Mobile Application or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Mobile Application and its Services.
If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to email@example.com.
This document was last updated on February 17, 2020.