Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the
https://www.qwoted.com ("Qwoted", “the Site”) website operated by Qwoted (“Qwoted”, "us", "we", or
"our").
1.1 Your access to and use of Qwoted is conditioned on your acceptance of and compliance with these Terms.
These Terms apply to all visitors, users and others who access or use Qwoted.
1.2 By accessing or using Qwoted you agree to be bound by these Terms. If you disagree with any part of the
terms then you may not access Qwoted.
1.3 These terms of service also refer to our Privacy Policy, which also applies to your
use of our site.
2.1 We may revise these terms of service at any time by amending this page.
2.2 When changes or updates are made to the Terms of Use or Privacy Policy, Qwoted will send an email to the
address associated with your account informing you of the change, or Qwoted will present you with an online form
asking you to agree to the change. If you continue to use the Site you are agreeing to any revisions of Terms.
3.1 You are granted a nonexclusive, non-concurrent, non-transferable, limited right to access the Service. Your
responsibility extends to all activity and use under any member account information (e.g., email) that you use. You may
use the Service functionality only via https://www.qwoted.com and you may not download, copy, reuse or distribute that
functionality.
3.2 Qwoted reserves the right to monitor use of the Service to ensure compliance with these Terms of Service.
If we determine that you are not in compliance with this Agreement, Qwoted reserves the right to take appropriate
action including, but not limited to, suspension or cancellation of your account.
3.3 You may not copy, modify, reproduce, retransmit or otherwise utilize the Qwoted content in any other
fashion or for any other purpose without the express written permission of the content’s owner. You may only link to the
web site for the purpose of directing other users to the site, and must remove any link to the site immediately upon
request from Qwoted.
3.4 You hereby grant Qwoted a worldwide, perpetual, non-exclusive, transferable, fully-paid license to use,
copy, perform, or revise any User Content, including but not limited to any press query to be distributed via the
Service.
3.5 You agree to immediately notify Qwoted of any unauthorized use of the Service or any other breach of
security. Qwoted cannot and will not be liable for any loss or damage arising from your failure to comply with this
section.
3.6 You agree that you shall not at any time share, whether directly or indirectly, log in information with any
individual who is not directly associated with the Service account.
4.1 You may not modify, adapt or hack the Service or modify another website so as to falsely claim or imply that
it is associated with the Service, qwoted.com, Qwoted, or any other Qwoted service.
4.2 You may not reproduce, duplicate, copy, sell, resell or exploit any portion (including, without limitation,
the contents of the Qwoted email or similar notification, the look and feel of the Qwoted website, and the
contents of the web pages of the Service, use the Service or access the Service without the express written permission
of Qwoted.
4.3 You may not verbally, physically, or otherwise abuse (including threats of abuse or retribution) any Qwoted member
or Qwoted employee, agent or officer;
4.4 You may not:
4.4.1 Upload, post, host, or transmit unsolicited email, SMSs, or spam messages;
4.4.2 Transmit worms or viruses or any code of a destructive nature;
4.4.3 Violate the rules set forth in section 3, above;
4.4.4 Violate any applicable federal, state or local laws or regulations; or,
4.4.5 Plagiarize, violate or otherwise infringe upon the trademark, copyright, patent, trade secret, or any
other rights of any person, firm or entity, expressly including but not limited to libel, slander or invasion of rights
of privacy, publicity or “moral rights”.
4.5 You are solely responsible for your interactions with other members. We reserve the right, but have no
obligation, to monitor and/or mediate disputes between You and other members;
4.6 You are solely responsible for the content or information you transmit to other members.
4.7 You agree that Qwoted has no responsibility or liability for the deletion, corruption or failure to post,
store and/or forward any messages or other content (and/or to do so in a timely manner).
You agree to indemnify, defend, and hold harmless Qwoted from any and all claims, liabilities, expenses, and damages,
including reasonable attorneys' fees and costs, made by any third party related to: (a) your use or attempted use of the
Site or Services in violation of these Terms; (b) your violation of any law or rights of any third party.
The Site and Service are provided “as is”, without warranty of any kind. Without limiting the foregoing, Qwoted
expressly disclaims all warranties, whether express, implied or statutory, regarding the Site including without
limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy, and
non-infringement. Without limiting the foregoing, Qwoted makes no warranty or representation that access to or operation
of the Site or Service will be uninterrupted or error free. You assume full responsibility and risk of loss resulting
from your uploading, downloading, and/or use of files, information, content or other material sent to or obtained from
the Site or Service. Some jurisdictions limit or do not permit disclaimers of warranty, so this provision may not apply
to you.
7.1 You acknowledge and agree that Qwoted and its licensors retain ownership of all intellectual property rights
of any kind related to the Site and Service (except for user content, third-party content, and public domain content),
including applicable copyrights, trademarks, and other proprietary rights. This includes protection of any algorithm or
API developed and used by Qwoted. Qwoted reserves all rights that are not expressly granted to you under these Terms.
7.2 You hereby grant, and you represent and warrant that you have the right to grant, to Qwoted an irrevocable,
perpetual, nonexclusive, royalty-free and fully paid, worldwide license to “process” (meaning to perform any activity,
including reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other
works, disclose, and otherwise use) your user-submitted queries or data enhance requests.
7.3 You agree that we can make press announcements and publicize this agreement or its contents in any way.
The Terms of Use is made under and shall be governed by and construed in accordance with the laws of the State of New
York without giving effect to any principles that provide for the application of the law of another jurisdiction.
Subject to this Section, this Agreement will remain in full force and effect while you use the Site or Services. We may
(a) suspend your rights to use the Site and/or Services (including your Account) or (b) terminate this Agreement, at any
time for any reason at our sole discretion, including for any use of the Site or Services in violation of this
Agreement. Upon termination of this Agreement, your Account and right to access and use the Site and Services will
terminate immediately.
10.1 These Terms of Service, as presently in effect, and as modified from time to time, constitute the entire
agreement between the parties with respect to the subject matter hereof and govern your use of the Service. These Terms
of Service supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding
such subject matter including, but not limited to, prior versions of the Terms of Service.
10.2 You consent to receive communications from Qwoted concerning the Service electronically by email to the
email address you provided in connection with your account. You also consent to receive communications by telephone or
by postal mail sent to any postal address you provided in connection with your account. Notices provided to you via
email will be deemed given and received on the transmission date. Official correspondence to Qwoted must be sent to:
Qwoted
PO Box 20239
New York, NY 10023
support@qwoted.com
10.3 The failure of Qwoted to exercise or enforce any right or provision of the Terms of Service shall not
constitute a waiver of such right or provision. Any waiver of any provision of the Terms of Service will be effective
only if in writing and signed by Qwoted. All rights not expressly granted to you herein are reserved by Qwoted.
10.4 Any requests to remove information can be directed through the “Contact Us” section of the Site.
Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights
notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer
Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone
at (800) 952-5210.