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.
I. You agree that all data charges incurred by using the Service are your sole responsibility.
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.
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. 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.
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.
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.
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 firstname.lastname@example.org
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.
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.
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.
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.
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.
XIV. Entire Agreement
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