Terms of Service
Terms of Service
Effective: October 25, 2015 (view prior version)
These terms and conditions (“Terms”) govern and apply to your access and use of our products and services available via our website and mobile apps (our “Services”). By accessing or using our Services, you are agreeing to these Terms. Certain Services may be subject to additional terms, guidelines or rules, which will be available with those relevant Services, and those additional terms become part of these Terms when you use those Services.
Using the Services
Our Services contain information, content, products, and services provided by third parties (“Third Party Services”). These Third Party Services are not under our control, and we are not responsible for their products and services (including their performance, operation, and availability) or their business practices or policies. We are providing these Third Party Services to you as a convenience but we do not imply any endorsement or recommendation of their products or services, or of any association of us with such third parties. If you use any of these Third Party Services, you do this entirely at your own risk and any charges or obligations you incur in your dealings with these third parties, are your responsibility. The products and services available through the Third Party Services are subject to their own terms and policies, including privacy and data gathering practices.
Our Services will include advertisements, which will be targeted to the content or information on the Services, queries made through the Services, or from other information. The types and extent of advertising on the Services are subject to change over time. In consideration for providing you the Services, you agree that we and our third party providers and partners may place advertising on our Services or in connection with the display of content or information on our Services.
These Services may change from time to time and/or we may stop (permanently or temporarily) providing the Services (or features within the Services), possibly without prior notice to you.
You may not do any of the following while using or accessing the Services:
- attempt to access or search the Services or download content from the Services through the use of any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by us or other generally available third party web browsers;
- access, tamper with, or use non-public areas of the Services, our computer systems, or the technical delivery systems of our providers;
- gather and use information, such as other users’ names, real names, email addresses, available through the Services to transmit any unsolicited advertising, junk mail, spam or other form of solicitation;
- use the Services for any commercial purpose or for the benefit of any third party or in any manner not by these Terms;
- violate any applicable law or regulation; or
- encourage or enable someone to do any of the foregoing.
We reserve the right to investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement authorities in prosecuting anyone who violates these Terms.
Using Software with the Services
We may make available software or applications that you can download (to your computer or mobile device) to access and use our Services. As long as you comply with these Terms, you have the right to use our software to access and use the Services, for your own personal use. This license is for the sole purpose of enabling you to use and enjoy the Services, in the manner permitted by these Terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
When you download our software from the Apple App Store, Google Play or other app store or distribution platform (from an “App Provider”), you acknowledge and agree that:
These Terms are concluded between us, and not with the App Provider, and that we (not the App Provider), are responsible for our software.
The App Provider has no obligation to furnish any maintenance and support services with respect to our software or handle any warranty claims.
The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to our software, such as, product liability claims, consumer protection claims, intellectual property infringement claims, or any claim that our software fails to conform to any applicable legal or regulatory requirement.
The App Provider is a third party beneficiary of these Terms as related to your license of our software, and the App Provider will have the right to enforce these Terms as related to your license of our software against you.
You must also comply with all applicable third party terms of service when using our software.
It is our policy to remove, or disable access to, material that infringes any copyright on our Services after we have been notified by the copyright owner or the copyright owner’s legal agent. If you believe that your work has been copied and posted on through our Services in a way that constitutes copyright infringement, please provide our copyright agent with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- an identification of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on our Sites or through our Services;
- your address, telephone number, and e-mail address;
- a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Notice of claims of copyright infringement should be sent to our Copyright Agent: Quixey, Inc., Attention: Copyright Agent, 303 Bryant Street, Mountain View, CA 94041, or via email to: firstname.lastname@example.org
Our Services are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, we (or our licensors) exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or in any Third Party Services. If you provide any suggestions, ideas, feedback, or recommendations to us regarding our Services (“Feedback”), we may use this Feedback for any purpose and without any obligation to you. By providing us with Feedback, you grant us a worldwide, perpetual, irrevocable, fully-paid and royalty-free license to use and exploit in any manner any and all Feedback.
If you breach any of the terms of these Terms, we have the right to suspend or disable your access to or use of our mobile app and/or Services.
Use of the Services is at Your Own Risk
Your access to and use of the Services is at your own risk. By using the Services, you may be exposed to information or content that might be inaccurate, incomplete, unreliable, offensive, harmful or otherwise considered to be inappropriate material. Under no circumstances will we be liable in any way for any such content, including, but not limited to, any errors or omissions in that content, or any loss or damage of any kind incurred as a result of the use of any information or content transmitted or otherwise made available via the Services.
You understand and agree that the Services and any content within the Services are provided to you “AS IS” and on an “AS AVAILABLE” basis. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any content within the Services.
Limitation of Liability
NEITHER QUIXEY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT QUIXEY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL OUR TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO QUIXEY FOR USE OF THE SERVICES OR FIFTY DOLLARS ($50), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO QUIXEY, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN QUIXEY AND YOU.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms constitute the entire agreement between us with respect to the subject matter and supersedes and merges any prior proposals, understandings and contemporaneous communications. These Terms may be amended by us from time to time. If we make material changes to these Terms, we will notify you by posting the revised Terms or notifying you through the Services. Your continued use of the Services after the changes go into effect will constitute your agreement to such changes. These Terms will be governed by and construed in accordance with the laws of the State of California, without regard to or application of conflicts of law rules or principles. By using our Services you consent to personal jurisdiction and venue in the state and federal courts for Santa Clara County, California for any lawsuit filed there against you by us arising from or relating to these Terms or the Services. If any part of these Terms is determined to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions of these Terms will remain in full force and effect. Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Quixey. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Please contact us if you have any questions about these Terms.