(Last Modified On March 10, 2022)
Introduction, Definitions and Acceptance
- “Client” refers to clients of QuickSeries who have tasked QuickSeries with developing a mobile application.
- “Device” refers to the handheld or tablet device onto which you downloaded the Application and are using the Services.
- “eGuides” refers to the packaged content drawn from a variety of sources, including content we have created and own the rights to and content for which we have obtained licenses for use in the Services and eGuides.
- “QuickSeries” refers to QuickSeries Publishing Inc., a duly incorporated company in the State of Florida, its affiliates and subsidiaries. Any reference to “we”, “our”, or “us” in this Policy refers to QuickSeries. In these TOU, a Services user may be referred to as “you” or “your”.
- “Representatives” refers to all QuickSeries’ shareholders, officers, directors, employees, agents, partners, principals, representatives, successors and assigns.
- “Services” are the software services that QuickSeries has developed to allow you to access eGuides, as more fully defined herein. The Services are generally available through the Application. For greater certainty, the Services include the eGuides as well as the various modules that may be integrated in the Application adding functionality thereto.
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.
If you have any questions about these TOU, please contact:
QuickSeries Legal Services
QuickSeries Legal Services
5100 NW 33rd Avenue, Suite 247
Ft. Lauderdale, FL, 33309
General Code of Conduct for Use of the Services
By using the Services and eGuides, you agree to:
- Not use the Services or eGuides in any manner that in any way violates these TOU;
- Not use the Services or eGuides in any manner that violates any intellectual property rights of QuickSeries, a Client or any third party;
- 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;
- 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;
- 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;
- Use the Services and eGuides in good faith, and in compliance with all applicable local, state, national, and international laws.
Use of the Application
- 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.
- 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.
- 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).
- 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.
- By installing, accessing or using the Application or using the Services, you consent to those information collection and usage terms.
Accessing and Downloading the iOS Application from the Apple iTunes Store and the Android Application from the Google Play Store, and Related Acknowledgements
- 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.
- You acknowledge that Apple or Google have no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
- 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.
- You and QuickSeries acknowledge and agree that:
- 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.
- 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.
- 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.
- 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.
- Without limiting any other of these TOU, you must comply with all applicable third-party terms of agreement when using the Application.
- 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.
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.
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.
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:
- the Application will automatically download and install all available Updates; or
- 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.
Termination of the Services and these TOU
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.
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.
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.
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.
Governing Laws and Jurisdiction
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.
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.
- 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.
- 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.
- 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.