Terms of Use

These Terms of Use are effective as of September 15, 2014.

These Terms of Use govern your access to and use of the services, including but not limited to our website, APIs, email notifications, applications (including mobile applications), (the “Service” or “QuickUp”), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Service (referred to collectively as the “Content”). The Service is owned and controlled by Quickup, B.V. Your access to and use of the Service is conditional on your acceptance of and compliance with these Terms. These Terms of Use affect your legal rights and obligations. By accessing or using the Services you agree to be bound by these Terms of Use.

ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND QUICKUP WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

I. Basic Terms

A. You must be at least 13 years old to use the Service.
B. You may not harass, annoy, defame, bully, threaten, impersonate, intimidate or abuse other users of the Service through written and/or other suggestive content.
C. You may not post private or confidential information via the Service, including but not limited to; your own or any other person’s credit card information, social security or alternate national identity numbers, or non-public contact information (phone numbers, email addresses, etc).
D. You agree to comply with all laws, rules and regulation, federal, state, local and provincial, while using the Service. E. You must not change, modify, or adapt the Service or Content on the Service, or change, modify or adapt another website so as to falsely imply that it is associated with the Service, or QuickUp.
F. The Service may include advertisements through the use of “promoted” posts, users, locations, and/or business entities, which may be targeted to the Content or information on the Service, queries made through the Service, or other information. The types of and extent of advertising by QuickUp on the Service are subject to change. As QuickUp is granting you access to and use of the Service, you agree that QuickUp and its third party providers and partners may place such advertising on the Services whether submitted by you or others.
G. You must not in any way interfere, disrupt, or adapt the Service, or servers or networks connected to the Service, including but not limited to worms, viruses, spyware, malware, or any other code of a disruptive or destructive nature. You must not inject content or code to alter or interfere with any way QuickUp appears on a web browser or mobile phone. We prohibit crawling, scraping, caching any other ways of accessing any content on the Service using automated means, including but not limited to, user profiles and photos.
H. You may not engage in any attempt to restrict other user(s) from using or enjoying the Service, and you may not encourage or facilitate any violation of these Terms of Use.
I. You agree that all data charges incurred by using the Service are your sole responsibility.
J. To maximize the quality and consistency of your and other user’s experience using the Service, you agree to abide to QuickUp’s Terms of Use.
K. We, QuickUp, reserve the right, in our sole discretion and without prior notice, to change these Terms of Use from time to time (“Updated Terms”). Unless we make changes for legal or administrative reasons, we will provide notice in advance before the Updated Terms become effective. You understand and agree that we may notify you of the Updated Terms by posting them on the Service, and by your use of the Service after the effective date of the Updated Terms constitutes your agreement to the Updated Terms. You should review the Updated Terms when we notify you.

II. Privacy

A. Any information that you provide to QuickUp is subject to our Privacy Policy, available at http://www.quickup.info/privacy.html, which governs our collection and use of your information. You understand that through your use of the Service, you consent to the collection and use, as set forth in the Privacy Policy, of this information, including but not limited to the transfer of said information to the United States, other countries, private business entities and/or corporations for storage, processing, and use by QuickUp.
B. Except otherwise stated in the Privacy Policy, available at http://www.quickup.info/privacy.html, any and all Content between you and QuickUp will be non-confidential and non-proprietary, and we are not liable for any use or disclosure of Content. You therefore acknowledge and agree that your relationship with QuickUp is not a confidential, fiduciary, or other type of special relationship, and that none of your Content is subject to any obligation of confidence on QuickUp’s part. QuickUp will not be liable for any use or disclosure of any Content you provide.

III. Content and Use of the Services

A. You are solely responsible for the information, posts, data, text, photos, information, usernames, images, graphics, links, and other content or materials (collectively classified as “Content”) that you submit, post, or share on or via the Service. B. You may not post violent, nude, partially nude, offensive, defamatory, discriminatory, unlawful, infringing, hateful, pornographic, or sexually suggestive photos or other content via the Service.
C. In the event that inappropriate Content is posted, we will respond to objectionable Content reports within 24 hours by removing the Content and/or deactivating the account of the user who posted the inappropriate Content.
D. You warrant that you own the Content posted by you on or through the Service, or otherwise have the right to grant the rights and licenses set forth in these Terms of Use.
E. You warrant that the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including but not limited to; privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights.
F. You agree to pay for all royalties, fees, and any other monies incurred, by reason of Content you post on or through the Service.
G. We reserve the right at all times (but do not have an obligation) to remove any Content on the Service and to suspend or terminate users. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms of Use, including investigation into potential violations hereof, (iii), detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of QuickUp, its users, and the public.
G. Your interaction with other users of the Service, online or offline, is your sole responsibility. You acknowledge and agree that QuickUp is not responsible or liable for the conduct of any user of the Service. QuickUp reserves the right but is under no obligation to monitor or become involved to resolve disputes between you and other users. We suggest that you use your best judgment in such interaction with others, including when you submit or post Content or wether you share any personal or other information on the Service.

IV. Account Registration and Password

A. You may not register an account through any unauthorized means, including but not limited to the use of an automated device, script, bot, spider, crawler or scraper.
B. You are responsible for all activity that occurs via your personal account, and you agree that you will not sell, transfer, license or assign your account, followers, username, or any account rights. QuickUp prohibits the creation of and you agree that you will not create an account for anyone other than yourself. Upon registration and for the entire duration that you use the Service, you agree that all information you provide will be true, accurate, current and complete, and you agree to update your information as necessary to maintain its truth and accuracy.
C. You may not solicit, collect, or use the login credentials of other QuickUp users, for commercial and/or personal use.
D. You may not use domain names in your username without contacting QuickUp and asking for special consent, which may be granted if you grant documentation supporting your ownership of the domain.
E. You agree that you are responsible for keeping your password secret and secure. QuickUp encourages you to use strong passwords (using a combination of upper and lower case letters, numbers and symbols) for your account. QuickUp is not liable for any loss or damage as a result of failure to comply with this term.
F. If we remove your account, your posts, photos, comments, likes, friendships, and all other data will no longer be accessible through your account and other users will not be able to navigate your username and view your photos and other content posted.

V. Licenses

A. QuickUp gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by QuickUp as a part of the Service. This license is for the purpose of enabling you to use and enjoy the Service provided by QuickUp in the manner abiding by these Terms of Use.
C. You grant QuickUp a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service, subject to our Privacy Policy, available at http://www.quickup.info/privacy.html . You can choose who has the ability to view your Content, activities and photos as described in the Privacy Policy.
D. If your account is terminated by QuickUp at our discretion, for any reason we have no obligation to disclose, all licenses and other rights granted to you in these Terms of Use will cease to exist effective from the time and date of deactivation.

VI. QuickUp Rights

A. There may be occasions when the Service may be interrupted, including but not limited to; scheduled maintenance or updates, emergency repairs, or due to failure of telecommunication links and/or equipment.
B. QuickUp reserves the right to remove Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by us. However, QuickUp encourages you to keep your own backup of your Content. We are not required to return any Content to you that has been removed by us. QuickUp is not liable for any modification or discontinuation of the Service and any resulting loss of Content.
C. It is our policy not to accept or consider content, ideas, information, suggestions or other materials other than those we have specifically requested and to which specific terms apply (Terms of Use). This is to avoid any possible misunderstandings if your ideas are similar to those that we have developed or are developing independently. QuickUp does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If you choose to send us content, information, ideas, suggestions or other materials, we reserve the right to use them for any purposes whatsoever, including, but not limited to, developing and marketing products and services, without any liability or payment of any kind to you.
D. QuickUp claims ownership of all the posting and activity data (collectively, "Data") shared by you through the Service. We reserve the right to use, sell, market, share, and disclose such Data with other individual or business entities, government institutions, and/or on advertisement campaigns. This Data consists of anonymous data, meaning your individual confidentiality will not be compromised, and no private data related to your personal identity will be disclosed. Exceptions to this are if there is a legal threat to you, QuickUp, or another outside party.
D. We reserve the right to refuse access to the Service to anyone, for any reason, and at any time.
E. We reserve the right to prohibit the use of any username for any reason.
F. We may, but have no obligation to; remove, edit, block, and/or monitor Content or accounts containing Content that we determine, at our sole discretion, violating these Terms of Use.
G. We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you.

VII. Reported Copyright and Other IP Violations

A. QuickUp respects the intellectual property rights of others, and expects all users of the Service to do the same. We respond to alleged copyright infringements that comply with applicable law. If you believe your Content has been copied in a way that constitutes copyright infringement, provide us with relevant information supporting your claim by emailing renique@quickup.info B. We reserve the right to remove Content alleged to be a copyright infringement, and/or disable accounts with repeated offenses without any prior notice, at our discretion, and without liability to you.

VIII. Ending These Terms of Use

A. These Terms continue to apply until terminated by either you or QuickUp. You may end your legal agreement with QuickUp any time by deactivating your account and discontinuing your use of the Service. B. QuickUp may disable your account or stop providing you with all or part of the Service at any time for any reason, including, but not limited to, if we believe you have violated these Terms of Use or you create risk or possible legal exposure for us.

IX. Disclaimers and Limitations of Liability

A. The Services are Available “AS-IS”

1. Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE QUICKUP ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
2. The QuickUp Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the QuickUp Entities or through the Services, will create any warranty not expressly made herein.

B. Limitation of Liability

1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE QUICKUP ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) 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; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
2. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE QUICKUP ENTITIES EXCEED THE GREATER OF ONE HUNDRED EUROS OR THE AMOUNT YOU PAID QUICKUP, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
3. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE QUICKUP ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

X. Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that the QuickUp Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the QuickUp Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

XI. Waiver and Severability

The failure of QuickUp to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, 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.

XII. Indemnification

You agree to defend (at QuickUp's request), indemnify and hold the QuickUp Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your Content or your access to or use of the Service; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by QuickUp in the defense of any claim. QuickUp reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of QuickUp.

XIII. Governing Law & Venue

These Terms and any action related thereto will be governed by the laws of The Netherlands and the European Union without regard to or application of its conflict of law provisions or your country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal courts located in the Netherlands, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. QuickUp's failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. QuickUp reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with QuickUp.

XIV. Entire Agreement

A.These Terms of Use and our Privacy Policy are the entire and exclusive agreement between QuickUp and you regarding the Service, and these Terms of Use supersede and replace any prior agreements between QuickUp and you regarding the Service. Other than members of the group of companies of which QuickUp, B.V. is the parent, no other person or company will be third party beneficiaries to the Terms of Use.
B.We may revise these Terms of Use from time to time, the most current version will always be at http://www.quickup.info/terms.html. You will be notified of any change or update to the Terms of Use via the mobile application of the Service.


These Services are operated and provided by QuickUp, B.V., Stadsplein 87, 1181 ZM Amstelveen, Netherlands. If you have any questions about these Terms, please contact us.

Effective: September 15, 2014