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.
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:
- 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;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;j
- A description of where the material that you claim is infringing is located on the service;
- 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;
- 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
- 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:
2360 Corporate Circle · Suite 400
Henderson, NV 89074-7722
Email Address of Designated Agent: firstname.lastname@example.org
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.
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.