TERMS OF USE


1. Introduction, Definitions and Acceptance

Welcome to the QuickSeries application. We hope you enjoy your use of our Services. These Terms of Use (the “TOU”) are a LEGAL AGREEMENT between you and QuickSeries setting forth, among other things, the terms and conditions of (i) your use of the Application (including any Application updates and upgrades that QuickSeries or Clients may provide to you or make available to you, or that you obtain after the date you obtain your initial copy of the Application, to the extent that such items are not accompanied by separate terms of use) and (ii) your use of the Services. Please refer to the following definitions for clarification:

Additional definitions may be made throughout these TOU, but they will be recognizable as they will be capitalized, bolded, and in quotation marks. Additional definitions may also be found in the Privacy Policy, which is made a part hereof and incorporated herein by this reference, and will have the same meaning in these TOU as they do there. The definitions found in these TOU shall also apply to the Privacy Policy.

By downloading, using or accessing the Application on your Device, you hereby accept and agree to be bound by these TOU, including the Privacy Policy, without any reservations, modifications, additions or deletions. If you do not agree to all the provisions contained in these TOU, including the Privacy Policy, you are not authorized to use the Application, Services or eGuides. If you have downloaded the Application and do not agree to all the provisions of these TOU, including the Privacy Policy, you must delete the Application from your Device. These TOU are a legal and binding agreement between you and us.

These TOU may also be referred to as, and are equivalent to, an “End User License Agreement” or “EULA”.

QuickSeries reserves the right, at any time and without prior notice, to modify or replace any of these TOU. Any changes to these TOU can be found at this URL . It is your responsibility to check these TOU periodically for changes. Your use of the Application or eGuides following the posting of any changes to these TOU constitutes acceptance of those changes. If there are any significant changes to these TOU that, in our sole opinion, materially affect your relationship with us, you will be notified upon opening the Application.

These TOU should be read in conjunction with the Privacy Policy, as both these documents govern your use of the Application.

If you have any questions about these TOU, please contact:

QuickSeries Legal Services

terms@QuickSeries.com 

or:

QuickSeries Legal Services

5100 NW 33rd Avenue, Suite 247

Ft. Lauderdale, FL, 33309

2. General Code of Conduct for Use of the Services

By using the Services and eGuides, you agree to:

  1. Not use the Services or eGuides in any manner that in any way violates these TOU;
  2. Not use the Services or eGuides in any manner that violates any intellectual property rights of QuickSeries, a Client or any third party;
  3. Not use the Services in any manner to propagate spam, including but not limited to unsolicited advertising or bulk electronic mail or messages, including to link to a spam or phishing website;
  4. Not use Services in any manner to propagate software viruses, Trojan horses, worms, or any other malicious or non-malicious computer code, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment in any form whether belonging to QuickSeries, Clients or a third party, or to damage or obtain unauthorized access to any system, data, or other information (whether Personal Information or not) of QuickSeries, Clients, other Services users, or any other third party;
  5. Not: (1) take any action that imposes or may impose (as determined by QuickSeries in its sole discretion) an unreasonable or disproportionately large load on QuickSeries’ or Clients’ (or their third party providers’) infrastructures; (2) interfere or attempt to interfere with the proper functioning of the Services or any activities conducted through the Services; (3) bypass any measures QuickSeries may use to prevent or restrict access to the Services or any element thereof; (4) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Application; or (5) harvest or scrape any content from the Application in an unreasonable manner;
  6. Use the Services and eGuides in good faith, and in compliance with all applicable local, state, national, and international laws.

3. Use of the Application

  1. You represent that, under the laws that apply to you, (i) you are capable of entering into a contract and (ii) you are of sufficient legal age to use the Application and the Services (or that you have permission from a parent or legal guardian) and to create binding legal obligations for any liability you may incur as a result of the use of the Application, the Services or the eGuides. It is solely your responsibility to determine whether your use of the Application, the Services and the eGuides is lawful, and you must comply with all applicable laws.

  1. To use the Application, you may be required, under certain circumstances to create an account and provide the following accurate and truthful information: first name, last name, email address. All the submitted information may be referred to in these TOU and the Privacy Policy as “Account Information”.

  1. The Application is licensed, not sold. Subject to the terms of these TOU, QuickSeries grants you the non-exclusive, non-transferable, non-sub-licensable, limited right and license to install and use the Application solely and exclusively for your personal use on the Device, or the use of any other third party with access to the Device that you control and with your permission, and as permitted by the rules set forth in the App Store Terms and Conditions for the iOS Application or the Google Play Terms of Service for the Android Application and, in the case of video, the YouTube Terms of Service.

  1. You may not use the Application in any manner that could damage, disable, overburden, or impair the Application (or servers or networks connected to the Application), nor may you use the Application in any manner that could interfere with any other party’s use and enjoyment of the Application (or servers or networks connected to the Application).

  1. You acknowledge and agree that you are solely responsible for (and that QuickSeries and Clients have no responsibility to you or to any third party for) your use of the Application, any breach of your obligations under these TOU, and for the consequences (including any loss or damage, direct or indirect, which QuickSeries may suffer) of any such breach. Where a third party uses the Application on your Device, you are solely responsible for such third party conforming to these TOU and any breach thereof shall be your responsibility.

4. Privacy Policy and Permissions for the Application

  1. Our Privacy Policy explains how QuickSeries treats your Personal Information (as that term is defined in the Privacy Policy) and protects your privacy when you use the Application. By installing, accessing or using the Application, Services or eGuides, you explicitly agree to the use of your data in accordance with the Privacy Policy, which may be updated from time to time and without notice.

  1. By installing, accessing or using the Application or using the Services, you consent to those information collection and usage terms.

  1. In addition to personal and non-identifiable information, the Privacy Policy also describes how the Application accesses functions of the Device that are not part of the Application and are developed by third parties. These are known as permissions, and you agree that QuickSeries and Clients have the right to access third-party computer code on the Device in this manner and as described in the Privacy Policy.

5. Accessing and Downloading the iOS Application from the Apple iTunes Store and the Android Application from the Google Play Store, and Related Acknowledgements

  1. You acknowledge and agree that (i) these TOU are concluded between you and QuickSeries only, and not Apple or Google, and (ii) QuickSeries, not Apple or Google, is solely responsible for the Application and content thereof. Your use of the Application must comply with the App Store Terms and Conditions for the iOS Application or the Google Play Terms of Service for the Android Application, which you are responsible to review from time to time.

  1. You acknowledge that Apple or Google have no obligation whatsoever to furnish any maintenance and support services with respect to the Application.

  1. Apple or Google will have no warranty obligation whatsoever with respect to the Application. As between QuickSeries and Apple or Google, any other claims, losses, liabilities, damages, costs or expenses attributable solely to any failure of the Application to conform to any warranty will be the sole responsibility of QuickSeries, or as further specified and limited hereinafter.

  1. You and QuickSeries acknowledge and agree that:

  1. As between QuickSeries and Apple or Google, Apple or Google are not responsible for addressing any claims you have or any claims of any third party relating solely to the Application or your possession and use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

  1. In the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, QuickSeries, not Apple nor Google, shall be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

  1. Apple, and Apple’s subsidiaries and Google and Google’s subsidiaries, are third party beneficiaries of these TOU as related to your license of the Application, and that, upon your acceptance of these TOU, Apple will have the right (and will be deemed to have accepted the right) to enforce these TOU as related to your license of the Application against you as a third party beneficiary thereof.

  1. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

  1. Without limiting any other of these TOU, you must comply with all applicable third-party terms of agreement when using the Application.

  1. You acknowledge that updates to the iOS Application are subject to the approval of Apple and QuickSeries, its Representatives and Clients shall not be held responsible for any losses or damages, direct or indirect, pecuniary or non-pecuniary, resulting from any delay in the approval of updates by Apple.

6. Proprietary Rights

In this section and elsewhere in these TOU, “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.

You acknowledge that: (a) the Application and eGuides, contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and (b) QuickSeries, Clients and/or third parties own all right, title and interest in and to the Application and eGuides and content that may be presented or accessed through the Application, including without limitation all Intellectual Property Rights therein and thereto.

The Application and eGuides are being licensed to you and you hereby acknowledge that no title or ownership in the Application and eGuides is being transferred or assigned and these TOU should not be construed as a sale of any rights in the Application or eGuides. All rights not specifically granted under these TOU are reserved to QuickSeries, its Clients, and its licensors.

You agree that you will not, and will not allow any third party, to (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from, the Application, or content that may be presented or accessed through the Application (including eGuides) for any purpose, unless otherwise permitted by these TOU or the functionality of the Services; (ii) take any action to circumvent or defeat the security deployed or enforced by any functionality contained in the Application; or (iii) remove, obscure, or alter QuickSeries’, Clients’ or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Application or Services.

The content, arrangement and layout of the Application and eGuides, including but not limited to the trademarks, photos, logos, videos, audio, images, text (in the form of plain text, HTML, or PDFs) and computer code (the “QuickSeries Content”) are proprietary to QuickSeries, either owned or under license, and may not be copied, imitated, reproduced, displayed, distributed, transmitted, decompiled or otherwise used without the express permission of QuickSeries, or as permitted by the functionality of the Application or Services or these TOU. Any unauthorized use of the QuickSeries Content found in the Application or eGuides or any derivative works thereof may violate civil and/or criminal laws, including but not limited to intellectual property laws, and QuickSeries may take action accordingly.

The above paragraph further applies to third party property used as part of the Application, including but not limited to third party computer code. For the purposes of the present section, “computer code” includes source code, frameworks, CSS or JavaScript files, templates, modules, or any similar files.

If you choose to communicate to QuickSeries suggestions for improvements to the Services (collectively, “Feedback”), QuickSeries shall own all right, title, and interest in and to the Feedback and will be entitled to use the Feedback without restriction. You hereby irrevocably assign all right, title and interest in and to the Feedback to QuickSeries and waive in favor of QuickSeries, its successors and assigns all your moral rights in the Feedback, and agree to provide QuickSeries such assistance as QuickSeries may require to document, perfect, and maintain QuickSeries’ rights to the Feedback. You acknowledge and agree that, by providing any Feedback to QuickSeries, you are not entitled to any compensation or reimbursement of any kind from QuickSeries under any circumstances.

Apple, iOS, iTunes and iMessage are registered trademarks of Apple Inc. Android is a registered trademark of Google Inc.

7. Interruption of Service; Updates

From time to time, the Services may be unavailable for brief periods of time for maintenance and / or modifications to the Services. While we will endeavour to make this unavailability as brief as possible, QuickSeries, its Representatives and Clients shall not be held liable for any losses or damages, direct or indirect, pecuniary or non-pecuniary, resulting from the interruption of the normal functioning of the Services, and disclaims any responsibility thereto.

QuickSeries may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that QuickSeries has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Device settings, when your Device is connected to the internet either:

  1. the Application will automatically download and install all available Updates; or

  1. you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.

8. Termination of the Services and these TOU

You agree that QuickSeries, in its sole discretion, with or without cause, has the right (but not the obligation) to block your IP address or otherwise terminate your access to or use of the Application or Services (or any part thereof), immediately and without notice, for any reason, including, without limitation, if QuickSeries believes that you have acted inconsistently with the letter or spirit of these TOU or the Privacy Policy.

QuickSeries may also, in its sole discretion and at any time, discontinue providing the Services, or any part thereof, with or without notice. You agree that QuickSeries, its Representatives and Clients shall not be liable to you or any third party for any losses or damages, direct or indirect, pecuniary or non-pecuniary, resulting from termination of your access to the Services, or from QuickSeries’ termination of the Services, or any part thereof.

Termination of the Services or your access to the Services or Application shall terminate the present TOU as between you and QuickSeries, including without limitation, all rights granted to you under this Agreement. All provisions of these TOU which by their nature should survive termination of these TOU shall survive termination, including without limitation, intellectual property provisions, disclaimers, indemnity and limitations of liability.

9. External Links

From time to time QuickSeries may provide links to other websites or services. Links from the Application may take you to websites or services not covered by these TOU. When you access third party resources on the Internet in this manner, you do so at your own risk. QuickSeries provides those links as a convenience to you and QuickSeries takes no responsibility for your use of those other websites or services or protection of your privacy (including collection of your personal information) on those other websites or services. We encourage you to check the terms of use and / or privacy policy of any website or service you visit. QuickSeries does not make any claim or warranty whatsoever about the content of those websites or services to which we link, or any products or services available through those websites or the third parties operating those websites.

In no way will QuickSeries its Representatives and Clients be held responsible for any damages, direct or indirect, pecuniary or non-pecuniary: (1) for your use of websites or other services that may be linked to from the Application or the information thereon; (2) for any virus, Trojan horse, worm or other similar destructive file received as a result of your use of those websites or services; (3) caused by or in connection with, use of or reliance on any content, or products or services (whether free or for purchase) available on or through any linked-to website or service; or (4) for the actions of the operators of any such website or service.

10. Disclaimer of Warranties

You expressly understand and agree that your use of the Services, the information thereon (whether provided by QuickSeries, Clients or third parties) or any activity arising from your provision of Account Information, use of the Services or the information thereon or the materials downloaded therefrom is at your sole risk. The Services, any materials downloaded therefrom or made available thereon, including all eGuides, or any third party materials, are provided on an "as is" and "as available" basis, and you will be solely responsible for any damage to your computer system or loss of data that results from the download, stream or access of any material obtained through the use of the Services or any other functionalities of the Services, or losses or damages (financial or otherwise) resulting from (i) your use of the Services or eGuides, the information thereon, any materials downloaded therefrom, or (ii) any activity arising from the use of the Services or eGuides, the information thereon or any materials downloaded therefrom.

The information or resources provided through the Services and within the eGuides, written or produced by QuickSeries staff, freelance writers, Clients or other subcontractors are known to be as accurate as possible at the time of writing or production, and efforts have been made to ensure that the information from the Services and within the eGuides is as accurate and up-to-date as possible. However, certain information may change, and errors or omissions may occur, and QuickSeries, its Representatives and Clients shall not be responsible for any loss or damage, financial or otherwise, resulting from changes or errors in information, or any omission, through the Services or eGuides.

QuickSeries, its Representatives and Clients expressly disclaim all warranties of any kind, whether express or implied, including but not limited to: warranties of title and non-infringement; warranties that the Application or Services, the information thereon or any materials downloaded therefrom, and any third party materials will be uninterrupted, error-free, accurate, reliable and free from virus and other harmful components; and the implied warranties of merchantability and fitness for a particular purpose. QuickSeries, and its directors, officers, employees, agents, suppliers, partners and subcontractors do not warrant that: (i) the Services will be secure or available at any particular time or location; (ii) any defects or errors or omissions will be corrected; (iii) any content or software available at or through the Services is free of viruses or other harmful components; or (iv) the results of using the Services or any content downloaded therefrom will meet your requirements.

12. Limitation of Liability

QUICKSERIES, ITS REPRESENTATIVES AND CLIENTS SHALL NOT BE LIABLE AND ASSUME NO RESPONSIBILITY FOR ANY LOSS OR DAMAGES ARISING FROM OR IN RELATING TO THE INFORMATION ON THE APPLICATION OR SERVICES OR DOWNLOADED THEREFROM, THE USE OF THE APPLICATION OR SERVICES, ACTIVITIES ARISING FROM YOUR USE OF THE APPLICATION OR SERVICES, OR ANY THIRD PARTY MATERIALS AVAILABLE THROUGH THE APPLICATION OR SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL QUICKSERIES, ITS REPRESENTATIVES AND CLIENTS: (I) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXTRAORDINARY, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR PROFITS, LOST OR DAMAGED DATA, LOSS OF USE, BUSINESS INTERRUPTION OR ANY OTHER PECUNIARY LOSS), ARISING OUT OF OR RELATING TO THE APPLICATION OR SERVICES OR YOUR USE, MISUSE OR INABILITY TO USE THE APPLICATION OR SERVICES, EVEN IF QUICKSERIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY WILL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR UNDER ANY OTHER LEGAL THEORY.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TOU, IN NO EVENT WILL QUICKSERIES’ AGGREGATE LIABILITY FOR ANY CLAIMS IN CONNECTION WITH YOUR USE OF THE APPLICATION OR SERVICES EXCEED USD100.00.

13. Indemnity

Notwithstanding any other term of these TOU or any act or failure to act by QuickSeries its Representatives or subcontractors, or Clients, you agree to indemnify, defend and hold harmless QuickSeries its Representatives or subcontractors, or Clients, or their affiliates and their Representatives, from and against any damages, liabilities, costs and expenses (including attorneys’ fees), claims or demands, arising out of (i) your use of, or in connection to, the Services or the information thereon or information downloaded therefrom; (ii) your participation in any activities arising from the Services or the information thereon or information downloaded therefrom; (iii) your violation of, or failure to perform your obligations under these TOU or the Privacy Policy; or (iv) your violation of any rights of a third party.

14. Governing Laws and Jurisdiction

Use of the Services shall be governed by and construed in accordance with the laws of the state of New York in force at the time without regard to conflict of law provisions. You agree that any legal action or proceeding arising out of or related to this TOU, including the Privacy Policy, shall be brought exclusively in the federal courts of the United States or the courts of the State of New York in each case located in New York, New York and the country of New York. The foregoing choice of jurisdiction and venue shall not prevent QuickSeries from seeking injunctive relief with respect to a violation of intellectual property rights, enforcement or recognition of any award or order in any appropriate jurisdiction. You expressly disclaim applicability of the terms of the United Nations Convention of Contracts for the International Sale of Goods and any legislation implementing such Convention will not apply to these TOU nor to any dispute arising therefrom.

15. Law Enforcement


QuickSeries reserves the right, without any limitation whatsoever, to: (i) investigate any suspected breaches of the Application security or its information technology or other systems or networks; (ii) investigate any suspected breaches of these TOU or violations of any additional terms, conditions or rules posted in connection with a particular service or feature on the Application; (iii) involve and cooperate with law enforcement authorities in investigating any such matters; and (iv) prosecute violators of these TOU to the full extent permitted by applicable law.

16. Export Control

The Application may be subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the U.S.

17. Miscellaneous Provisions

  1. These TOU, including the Privacy Policy, constitute the entire agreement between you and QuickSeries with respect to your use of the Services, superseding any prior agreements between you and QuickSeries. When you download the Application, you are also subject to the Terms of Service and Privacy Policy of the application distribution system you used to download the Application (e.g., iOS App Store, hereinafter “Third Party Application Distributor”). We strongly suggest reading those documents prior to installing the Application. QuickSeries and its Representatives shall in no way be held responsible for any losses or damages, whether pecuniary or otherwise, to you or any third party for your failure to adhere to the Terms of Services and / or Privacy Policy of any Third Party Application Distributor when downloading and / or using the Application.

  1. QuickSeries shall not be liable for any failure to perform its obligations under these TOU

where such failure results from any cause beyond QuickSeries’s reasonable control, including, but not limited to, mechanical, electronic or communications failure or degradation.

  1. If any provision of these TOU or the Privacy Policy is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of these TOU or the Privacy Policy, as the case may be, shall remain in full force and effect.
  2. The section titles in these TOU and the Privacy Policy are for convenience only and have no legal or contractual effect.

  1. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TOU, THE SERVICES, OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

  1. EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TOU, INCLUDING THE PRIVACY POLICY, OR THE TRANSACTIONS CONTEMPLATED HEREBY.

  1. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between these TOU and any applicable purchase or other terms, the terms of these TOU shall govern.

© QuickSeries Publishing Inc. 2020