- You must be at least 13 years old to open a Qwikword account.
- Qwikword can only be used in the United States, Canada and the European Community and those countries’ respective territories.
- You are solely responsible for protecting your own account password and other account information.
- Qwikword is for personal use only unless specifically authorized in writing by Qwikword for business use.
PLEASE READ CAREFULLY
- We May Modify These Terms From Time To Time
- Where Can I Find Help?
If you have any questions concerning this Agreement or need technical support, you can contact Qwikword by sending an e.mail to firstname.lastname@example.org.
- Who May Use The Qwikword Service?
In order to use the Qwikword Service, you must be a resident of a country in which Qwikword is legally authorized to operate and be at least 13 years of age. You represent that (i) you are at least 13 years old, and (ii) you have read, understood, and agree to be bound by this Agreement. If you are not at least 13 years old, or you do not agree to all the terms and conditions of this Agreement, please do not check the acceptance box and do not attempt to access or use the Qwikword Service.
- What Information Do I Need To Submit To Use The Qwikword Service?
- Qwikword uses your Registration Data and information about your device to provide the Service to You, including serving you advertising based on your gender, age and zip code. In order to do this, Qwikword may need to provide your Registration Data or other data to its third party vendors and service providers. However, these trusted partners operate under agreements with Qwikword that carefully limit and restrict their use of your data. Qwikword may share your email address or personally identifiable information with third parties for their own independent marketing purposes.
- Qwikword uses and may share data about the device you use to access the Qwikword Service, including information about the type of device you use, the IP address, the MAC address and other device type identifiers such as IDFA, in order to provide the Service, to serve you relevant advertising, to improve the Service and to measure the effectiveness of advertising we provide to you.
- Qwikword may cooperate with and disclose information (including your Registration Data) to a law enforcement authority, government official or third party in response to a subpoena or court order, without giving any notice to you.
- Qwikword’s Use Of Your Email Address
You agree that Qwikword may use your email address to send you service-related notices, including notices required by law, in lieu of postal mail. You may not opt out of service-related e-mails. We may also use your email address to send you informational emails about Qwikword, its partners, and special offers. You may opt out of informational email by sending an email to email@example.com.
- You Are Responsible For Maintaining Your Account
You have responsibility for maintaining the security of your account. You agree that you will not allow others to use or access your account. You agree to notify us immediately of any unauthorized use of your password and/or account. Qwikword will not be responsible for any losses arising out of the unauthorized use of your Registration Data or account.
- Your License To Use The Qwikword Service
Subject to the terms and conditions of this Agreement, Qwikword grants to you a limited, non-exclusive, non-transferable license to access and use the Qwikword Services in legally authorized jurisdictions for personal non-commercial purposes only, except as expressly permitted in Section 9 below. Qwikword reserves all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws.
ANY USE OF THE QWIKWORD SERVICES NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED.
You agree that you will not:
- make the Qwikword Service available over a network (other than Qwikword’s network) where it could be used by others;
- translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Qwikword Service, a Qwikword application or any portion thereof except as expressly allowed under applicable law;
- circumvent any technology used by Qwikword or its licensors to protect content accessible via the Qwikword Service;
- rent, lease or sublicense any of the Qwikword Service;
- provide your password to any other person; or
- use the Qwikword Service in any way that violates the terms of this Agreement.
- Use Qwikword For My Business
Use of Qwikword for your business requires a special license to a separate service. You may only use the Qwikword Service in the United States, Canada and the European Community for business use if you have met all of the following conditions and have received Qwikword’s written authorization to do so:
- you must register for a Qwikword Business profile by checking the Business space in the sign in process. This will allow Qwikword customer service to contact you to explain how you can use Qwikword to enhance your business after you sign the business terms agreement and license (“BTA”).
- if you register as a non business profile but you use Qwikword for business purposes, Qwikword is entitled to either terminate your use of Qwikword or change your profile status into business, after a verification of the user’s activity, and your agreeing to the terms and conditions of the BTA.
Your right to use the Qwikword for business service may be terminated by either or Qwikword if you fail to comply with the BTA or this Agreement (the “Terms”). In the event of a conflict between this Agreement and the BTA, the BTA shall control solely with respect to the use of the Qwikword Service for business. ANY BUSINESS USE OF THE QWIKWORD SERVICE NOT SPECIFICALLY PERMITTED IN THIS SECTION IS STRICTLY PROHIBITED AND MAY RESULT IN IMMEDIATE TERMINATION OF YOUR RIGHT TO USE THE QWIKWORD SERVICE.
- Qwikword May Change, Update Or Terminate Your Use Of The Qwikword Service
From time to time, Qwikword may make changes or updates to the Qwikword Service, in Qwikword’s sole discretion. Such changes or updates may include additional functionality or conversely, new limitations on your use of the Qwikword Service. In certain circumstances, such as in the case of a security problem, Qwikword may require you to install an update in order to continue using the Qwikword Service. Notwithstanding anything else contained in this Agreement, Qwikword will have no obligation to continue making the Qwikword Service available or producing or releasing new versions of the Qwikword Service or any updates thereto, or to continue making any portion of the Qwikword Service free of charge. Qwikword may also terminate your use of and access to the Qwikword Service at any time, with or without notice to you.
- Qwikword Retains All Intellectual Property Rights In The Qwikword Service
As between you and Qwikword, you acknowledge that Qwikword retains all rights, title and interest in and to all copyrights, trademarks, trade secrets, patents and any other proprietary rights in the Qwikword Service, the software and APIs comprising the Qwikword Service, and all content therein.
The Qwikword Service is owned or licensed by Qwikword and is protected by the copyright laws of the United States and other countries in which the Qwikword Service is made available. You cannot sublicense, assign, or transfer the license granted to you under this Agreement. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations in violation of the provisions of this Agreement is void.
- Legal Disclaimers
EXCEPT FOR ANY APPLICABLE GUARANTEES THAT CANNOT BE EXCLUDED UNDER LOCAL APPLICABLE LAWS:
- THE QWIKWORD SERVICES (INCLUDING ANY SOFTWARE CONTAINED THEREIN) AND ANY UPGRADES OR PLUG-INS AND ANY LICENSED CONTENT ARE LICENSED TO YOU “AS IS.” ANY USE OF THE QWIKWORD SERVICES WILL BE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, QWIKWORD DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. QWIKWORD MAKES NO REPRESENTATIONS OR GUARANTEES THAT THE QWIKWORD SERVICES WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND QWIKWORD DISCLAIMS ANY LIABILITY RELATING THERETO.
- QWIKWORD MAKES NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES THAT USE OR RESULTS OF THE USE OF THE QWIKWORD SERVICE WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, QWIKWORD MAY MODIFY, SUSPEND, OR DISCONTINUE THE QWIKWORD SERVICES (INCLUDING ANY CONTENT) OR YOUR USE OF THEM. WHENEVER QWIKWORD ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE QWIKWORD SERVICE, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY.
- YOU UNDERSTAND THAT YOU MAY ENCOUNTER OFFENSIVE, INDECENT OR OTHER OBJECTIONABLE CONTENT, WHEN USING THE QWIKWORD SERVICE. QWIKWORD WILL HAVE NO LIABILITY TO YOU FOR ANY SUCH CONTENT.
- SOME OF THE CONTENT, PRODUCTS, AND SERVICES AVAILABLE THROUGH THE QWIKWORD SERVICES MAY INCLUDE MATERIALS THAT BELONG TO THIRD PARTIES. YOU ACKNOWLEDGE THAT QWIKWORD ASSUMES NO RESPONSIBILITY FOR SUCH CONTENT, PRODUCTS OR SERVICES.
- Limitations of Liability
EXCEPT FOR ANY APPLICABLE LIABILITIES OR REMEDIES THAT CANNOT BE EXCLUDED UNDER LOCAL APPLICABLE LAWS:
- IN NO EVENT WILL QWIKWORD BE LIABLE TO YOU FOR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS) EVEN IF QWIKWORD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY QWIKWORD OR OTHERS WILL CREATE A WARRANTY AND NEITHER YOU NOR ANY THIRD PARTY MAY RELY ON ANY SUCH INFORMATION OR ADVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU.
- QWIKWORD’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT WILL BE LIMITED TO THE GREATER OF TEN DOLLARS (US $10.00) OR THE TOTAL AMOUNT PAID BY YOU FOR THE APPLICABLE QWIKWORD SERVICES AT ISSUE.
- You Agree To Indemnify Qwikword Under Certain Circumstances
You will indemnify and hold Qwikword, its directors, officers, employees, agents and licensors harmless with respect to any suits or claims arising out of (i) your breach of this Agreement, including but not limited to, any infringement by you of the intellectual property of any third party; or (ii) any third party claims arising out of your use or misuse of the Qwikword Services.
- Dispute Resolution
- Applicability. For any Dispute allowed to proceed despite Section 13 hereof (excluding claims for injunctive or other equitable relief or any claim or dispute related to the enforcement or validity of either party’s intellectual property rights) where the total amount of the award sought is less than $10,000, the parties shall resolve the Dispute in a cost effective manner through binding non-appearance-based arbitration. The parties shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (i) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions; (ii) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (iii) any judgment on the award rendered by the arbitrator may be entered and enforced in any court of competent jurisdiction; and (iv) the decision of the arbitrator will be final except for a limited right of appeal under the U.S. Federal Arbitration Act or its equivalent in other countries. Any Dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action
- Notice. In the event of a Dispute, you or Qwikword must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested. You must send any Notice of Dispute by sending an e.mail to firstname.lastname@example.org.
Qwikword will send any Notice of Dispute to you by overnight courier to your address if we have it, or otherwise to your email address. The parties will attempt to resolve any Dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, either you or Qwikword may commence arbitration.
- Class Action Waiver. Neither you nor Qwikword will seek to have any Dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
- Severability. If the class action waiver set forth herein, or any other provision of this Section 15, is found to be illegal or unenforceable as to all or some aspects of a dispute, then that section will not apply to those aspects. Instead, those aspects will be severed and proceed in a court of law, with the remaining aspects proceeding in arbitration, and the remainder of this Section 15 will remain in full force and effect.
- Governing Law
This Agreement will be governed by the laws of the State of New York, United States of America, without regard to conflicts of laws provisions thereof. In the event that Section 15 is found unenforceable, or expressly prohibited by applicable law, the exclusive jurisdiction for any claim, action or dispute with Qwikword or relating in any way to your use of the Qwikword Services will be in the state and federal courts of the State of New York and the venue for the adjudication or disposition of any such claim, action or dispute will be in the County of New York in the City of New York.
- Term and Termination
This Agreement will remain effective until terminated by Qwikword, provided that Sections 11 through 16 and 19 will survive any expiration or termination and continue in effect.
- General Information
- Qwikword and its business partners may present advertisements or promotional materials via the Qwikword Service. Your dealings with, or participation in promotions of any third-party advertisers via the Qwikword Service are solely between you and such third party, and your participation is subject to the terms and conditions associated with that advertisement or promotion. You agree that Qwikword is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties via the Qwikword Service.
- The Qwikword Service may present links to third-party Web sites or third-party services not owned or operated by us. We are not responsible for the availability of these third-party sites or services or their contents. You agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with your use of or reliance on any content of any such third-party site or services or goods or services available through any such third-party site or service.
- Qwikword may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email, mobile text message, written or hard copy notice, or through conspicuous posting of such notice on the Site, as determined by Qwikword in its sole discretion. Qwikword reserves the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in this Agreement.
- You Acknowledge That You Agree To All The Terms Of This Agreement
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND WILL BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THIS AGREEMENT REPRESENTS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.