Terms of Use


Thank you for using Quollective!

The Quollective products and services are provided by Quollective Inc. These Terms of Service (“Terms”) govern your access to and use of the Quollective mobile application, website, products and services (“Services”). By creating an account or by accessing or using the Services you agree to be bound by these Terms. If you do not agree to these Terms you may not use the Services. We may update or modify these Terms at any time by providing written notice to you or by posting the updated Terms on our website.

1. Privacy.  Use of the Services is also governed by our Privacy Policy. Our Privacy Policy contains important disclosures about how we collect and user your content and information. We want you to make informed decisions about the content and information you disclose. We encourage you to read the Privacy Policy carefully.

2. Your Account.  You may create an account with us only if you are over the age of 13 and are able to create a binding contract with us. When you create your Quollective account, you must provide us with complete and accurate information. Your account may be created automatically if you are using the Services through a social network or mobile device, using, as applicable, your account with the social network or mobile device provider. You are responsible for maintaining the confidentiality of your account name and password and for all activity using the Services with your account name and password. We cannot guarantee that third parties will not be able to defeat our security measures. Please notify us immediately of any unauthorized use of your account.

3. Your Content.  Quollective allows you to post content, including quotes, comments and other materials. Anything that you post or otherwise make available on our Services is “User Material”. You grant to us and to our users an irrevocable, royalty free, transferable, sublicensable, worldwide license to use, store, display, reproduce, modify and distribute your User Material for purposes of operating, developing, providing, marketing, promoting, and using the Services. Following termination of your account or removal by you of any User Material, we and other users may continue to exercise the license rights granted herein for an indefinite period of time.

4. Policy on User Material.  You are solely responsible for the User Material you post to Quollective. You may not post violent, hateful, pornographic, sexually suggestive, racist or unlawful User Material or any other User Material that we deem offensive or inappropriate. In addition, we respect the intellectual property rights of others and expect our users to do the same. You represent and warrant that you have the authority and the right to post all User Content posted by you. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies. It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of users who repeatedly violate these Terms or our policies or who infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.

5. Copyright Notice.  We will respond expeditiously to claims of copyright infringement committed using the Services that are reported to our Designated Copyright Agent. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Designated Copyright Agent the following information:

  1. The copyright owner name (or company name), your full legal name, your title or job position, your full mailing address, telephone number, and email address;
  2. A description of the copyrighted work or other intellectual property that you claim has been infringed;j
  3. A description of where the material that you claim is infringing is located on the service;
  4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  5. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or an authorized person to act on the copyright or intellectual property owner's behalf; and
  6. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.

Our Designated Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By Mail:
Copyright Agent
Quollective Inc.
2360 Corporate Circle · Suite 400
Henderson, NV 89074-7722
USA

Email Address of Designated Agent: copyright@quollective.com
Telephone Number of Designated Agent: 206-414-9125
Facsimile Number of Designated Agent: 206-283-0378

6. Feedback.  We value hearing from our users and are always interested in learning ways we can make Quollective better. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or ay compensation to you.

7. Third Party Links.  Our Services may contain links to third party websites, information, services, offers or other activities that are not owned or controlled by us. We do not endorse or assume any responsibility for such third party links.

8. Termination.  We may terminate or suspend your access to or use of the Services at any time, with or without cause or notice to you. Upon termination, the provisions of Sections 3, 6, 7, 8, 9, 10, 11, 12, 13, 15, and 16, and any payment obligations you may owe to us, will continue to bind you.

9. Indemnification.  You agree to defend, indemnify and hold us harmless from and against any claim, liability, loss, injury, damage, cost or expense incurred by us arising out of or in connection with your access and use of the Services or your breach of any of these Terms.

10. Disclaimer.  The Services and all associated content are provided “AS IS” and “AS AVAILABLE”. To the maximum extent permitted by law WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF TITLE, MERCHANTABILITY, NONINFRINGEMENT AND FITNESS OF ANY PARTICULAR PURPOSE OR USE AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Without limiting the foregoing, we have no responsibility or liability for any User Materials that you or any other use or third party posts or transmits using our Services. You understand and agree that you may be exposed to User Material that is inaccurate, objectionable, inappropriate for children or otherwise unsuited for your purpose.

11. Limitation of Liability.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OF REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES, OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).

12. Arbitration.  For any dispute you have with us, you agree to first contact us and attempt to resolve the dispute with us informally. If we are not able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless we both agree otherwise, the arbitration will be conducted in Clark County, Nevada. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

13. Governing Law and Jurisdiction.  These Terms shall be governed by the laws of the State of Nevada, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of the state and federal courts located in Clark County, Nevada for any actions not subject to Section 10 (Arbitration). Our Services are controlled and operated from the United States, and we make no representations that they are appropriate or available for use in other locations.

14. Assignment.  These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

15. Entire Agreement/Severability. These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with us in connection with the Services, shall constitute the entire agreement between us concerning the Services. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

16. No Waiver.  No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.


Privacy Policy


We provide this policy to inform you about the information we collect, how we use and share it, and what choices you have regarding your information.

Information We Collect

We collect the following types of information.

Information you provide us directly:

  • Your name, e-mail address, and password when you register for a Quollective account.
  • Profile information that you provide for your user profile (e.g., first and last name, picture, phone number). This information allows us to help you or others be "found" on Quollective.
  • User Material (e.g., quotes, comments, and other materials) that you post to the Services.
  • Communications between you and Quollective. For example, we may send you service-related emails (e.g., account verification, changes/updates to features of the Services, technical and security notices). Note that you may not opt out of service-related e-mails.

Analytics information:

We use third-party analytics tools to help us measure traffic and usage trends for the Services. These tools collect information sent by your device or our Services, including the web pages you visit, add-ons, and other information that assists us in improving the Services. We collect and use this analytics information with analytics information from other Users so that it cannot reasonably be used to identify any particular individual User.

Cookies and similar technologies:

When you visit the Services, we may use cookies and similar technologies like pixels, web beacons, and local storage to collect information about how you use Quollective and provide features to you.

We may ask advertisers or other partners to serve ads or services to your devices, which may use cookies or similar technologies placed by us or the third party.

Log file information:

Log file information is automatically reported by your browser each time you make a request to access (i.e., visit) a web page or app. It can also be provided when the content of the webpage or app is downloaded to your browser or device.

When you use our Services, our servers automatically record certain log file information, including your web request, Internet Protocol ("IP") address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the Services, domain names, landing pages, pages viewed, and other such information. We may also collect similar information from emails sent to our Users which then help us track which emails are opened and which links are clicked by recipients. The information allows for more accurate reporting and improvement of the Services.

Device identifiers:

When you use a mobile device like a tablet or phone to access our Services, we may access, collect, monitor, store on your device, and/or remotely store one or more "device identifiers." Device identifiers are small data files or similar data structures stored on or associated with your mobile device, which uniquely identify your mobile device. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device's operating system or other software, or data sent to the device by Quollective.

A device identifier may deliver information to us or to a third party partner about how you browse and use the Services and may help us or others provide reports or personalized content and ads. Some features of the Services may not function properly if use or availability of device identifiers is impaired or disabled.

Metadata:

Metadata is usually technical data that is associated with User Materials. For example, metadata can describe how, when and by whom a piece of User Material was collected and how that content is formatted.

Users can add or may have metadata added to their User Materials including a hashtag (e.g., to mark keywords when you post a quote), geotag (e.g., to mark your location to a quote), comments or other data. This makes your User Material more searchable by others and more interactive. If you geotag your quote or tag your quote using other's APIs then, your latitude and longitude will be stored with the quote and searchable (e.g., through a location or map feature) if your quote is made public by you in accordance with your privacy settings.

How We Use Your Information

In addition to some of the specific uses of information we describe in this Privacy Policy, we may use information that we receive to:

  • Help you efficiently access your information after you sign in.
  • Remember information so you will not have to re-enter it during your visit or the next time you visit the Service.
  • Provide personalized content and information to you and others, which could include online ads or other forms of marketing
  • Provide, improve, test, and monitor the effectiveness of our Service.
  • Develop and test new products and features.
  • Monitor metrics such as total number of visitors, traffic, and demographic patterns.
  • Diagnose or fix technology problems.
  • Automatically update the Quollective application on your device.

Sharing of Your Information

We will not rent or sell your information to third parties outside Quollective without your consent, except as noted in this Policy.

Parties with whom we may share your information:

We may share your information as well as information from tools like cookies, log files, and device identifiers and location data, with other entities owned or controlled or under common control with us (“Affilliates”) and with third-party organizations that help us provide the Services to you ("Service Providers"). Our Service Providers will be given access to your information as is reasonably necessary to provide the Services under reasonable confidentiality terms.

We may also share certain information such as cookie data with third-party advertising partners. This information would allow third-party ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you.

We may remove parts of data that can identify you and share anonymized data with other parties. We may also combine your information with other information in a way that it is no longer associated with you and share that aggregated information.

Parties with whom you may choose to share your User Materials:

Any information or content that you voluntarily disclose for posting to the Services, such as User Materials, becomes available to the public, as controlled by any applicable privacy settings that you set. To change your privacy settings on the Services, please change your profile setting. Once you have shared User Materials or made it public, the User Materials may be re-shared by others.

Subject to your profile and privacy settings, any User Materials that you make public is searchable by other Users.

If you remove information that you posted to the Services, copies may remain viewable in cached and archived pages of the Services, or if other Users have copied or saved that information.

What happens in the event of a change of control:

If we sell or otherwise transfer part or the whole of Quollective or our assets to another organization (e.g., in the course of a transaction like a merger, acquisition, bankruptcy, dissolution, liquidation), your information such as name and email address, User Materials and any other information collected through the Services may be among the items sold or transferred. You will continue to own your User Materials. The buyer or transferee will have to honor the commitments we have made in this Privacy Policy

.

Responding to legal requests and preventing harm:

We may access, preserve and share your information in response to a legal request (like a search warrant, court order or subpoena) if we have a good faith belief that the law requires us to do so. This may include responding to legal requests from jurisdictions outside of the United States where we have a good faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards. We may also access, preserve and share information when we have a good faith belief it is necessary to: detect, prevent and address fraud and other illegal activity; to protect ourselves, you and others, including as part of investigations; and to prevent death or imminent bodily harm. Information we receive about you may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm.

Your Choices About Your Information

Your account information and profile/privacy settings:

  • Update your account at any time by logging in and changing your profile settings.
  • Unsubscribe from email communications from us by clicking on the "unsubscribe link" provided in such communications. As noted above, you may not opt out of service-related communications (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the Services, technical and security notices)
  • If you have any questions about reviewing or modifying your account information, please contact us directly at support@quollective.com.

How long we keep your User Materials:

  • Following termination or deactivation of your account, Quollective, its Affiliates, or its Service Providers may retain information (including your profile information) and User Materials for a commercially reasonable time for backup, archival, and/or audit purposes.
  • If you have any questions about termination or deactivation of your account, please contact us directly at support@quollective.com.

Children’s Privacy

Quollective does not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to register for the Services. The Services and its content are not directed at children under the age of 13. In the event that we learn that we have collected personal information from a child under age 13 without parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at support@quollective.com.

Other Web Sites and Services

We are not responsible for the practices employed by any websites or services linked to or from our Services, including the information or content contained within them. Please remember that when you use a link to go from our Services to another website or service, our Privacy Policy does not apply to those third-party websites or services. Your browsing and interaction on any third-party website or service, including those that have a link on our website, are subject to that third party's own rules and policies. In addition, you agree that we are not responsible and do not have control over any third-parties that you authorize to access your User Materials. If you are using a third-party website or service and you allow them to access your User Materials you do so at your own risk.

How to Contact Us

If you have any questions about this Privacy Policy or the Service, please contact us at support@quollective.com.

Changes to Our Privacy Policy

Quollective may modify or update this Privacy Policy from time to time, so please review it periodically. We may provide you additional forms of notice of modifications or updates as appropriate under the circumstances. Your continued use of Quollective or the Services after any modification to this Privacy Policy will constitute your acceptance of such modification.

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