Last Modified: 2015-06-26
1. Eligibility; Registration Information and Password; Quiver Service Access.
The Quiver Service is not available to persons under the age of 13 or to any users suspended or removed from the Quiver Service. By using the Quiver Service, you represent that you are at least 13 years of age and have not been previously suspended or removed from the Quiver Service.
If you are registering or using the Quiver Service on behalf of a company, entity, or organization (collectively “Subscribing Organization”), you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms, and you hereby do agree to be bound by these Terms on behalf of such Subscribing Organization. In such a case, references to “you” in these terms shall be construed to mean you, the Subscribing Organization, and any other individual that uses the Quiver Service on the Subscribing Organization’s behalf.
SUBJECT TO YOUR COMPLIANCE WITH THESE TERMS AND ALL APPLICABLE LAWS, Quiver grants you permission to access and use the Quiver Service solely for your personal or internal business purposes, at the level for which you have registered and have paid all applicable fees, as set forth in these Terms and consistent with the intended features of the Quiver Service.
In order to use the Quiver Service, you will need to download the application from the Google Play Store or iOS App Store and register for an account (such users referred to herein as ‘End Users’). You agree that the information you provide to Quiver on registration and at all other times, including without limitation, any necessary payment processing information, will be true, accurate, current, and complete, and that you will keep this information accurate and up–to–date at all times.
In order to use all features of the Quiver Service, including the marketing campaign administration web application (‘Enterprise Portal’) you will need to register for an enterprise account and pay any applicable fees (such users referred to herein as “Enterprise Administrators”). In order to use all of the features of the Quiver Service, including the Enterprise Portal, you must be over the age of 18. You agree that the information you provide to Quiver on registration and at all other times, including without limitation, any necessary payment processing information, will be true, accurate, current, and complete, and that you will keep this information accurate and up–to–date at all times. As part of the registration process for the Enterprise Portal, you will identify an Enterprise Administrator user name (in the form of an email address) and a password for your account. Depending on the plan you have purchased, you may be able to use these credentials to invite additional individuals to help administrate your account (such users herein referred to as “Administrative Users”) each will have their own user name and password under your account. You should keep your password confidential, as you (or your Subscribing Organization, as applicable) will be responsible for all activities that occur under your account. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
3. Privacy and other Policies.
When using the Quiver Service, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the “Guidelines”). All such Guidelines are hereby incorporated by reference into the Terms.
4. Prohibited Conduct
All rights and licenses granted to you hereunder are conditioned upon your compliance with the following restrictions. You shall not do or attempt to do any of the following:
a) Access or attempt to access content or features of the Quiver Service for which you have not registered and/or paid the applicable fees;
b) Rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer your access to the Quiver Service, or any of the permissions granted herein.
c) Use the Quiver Service on behalf of any third party (except your Subscribing Organization, if applicable), or in connection with any type of “service bureau” activity;
d) Impersonate another person or entity, or access another user’s account without that user’s permission;
e) Share Quiver passwords with any third party or encourage any other user to do so (except as provided in Section 2);
f) Use any bot, spider, or other automated program or process to access the Quiver Service, except for the sole purpose of crawling the Quiver Service in connection with legitimate indexing services of commercially available general purpose search engines; or
g) Use the Quiver Service for any illegal, unethical, fraudulent, misleading, or objectionable purpose or in breach of any law, regulation, or agreement.
5. Service Usage
a) Limited License. The Quiver Service and Apps, are licensed, not sold or otherwise transferred to you. Subject to your acceptance of, and ongoing compliance with, the Terms (including payment of any applicable license fees and compliance with all license restrictions) and all applicable laws, Quiver hereby grants you a limited, non-transferable, non-sub-licensable, revocable license to (i) use the Quiver Service and Apps; and (ii) to use the Apps to upload User Submissions to the Quiver Service as otherwise permitted by these Terms for your internal business purpose. You may not rent, lease, lend, sell, reproduce, redistribute or sublicense the Quiver Service or Apps. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Quiver Service or Apps, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law). The use of the Quiver Service or Apps may be subject to separate third party terms of service and fees, including without limitation the terms of service and data, SMS, MMS, and other fees of your mobile network operator, which are your sole responsibility.
b) User Submissions. The Quiver Service may contain features that enable users to submit input (“User Submissions”), and provides for the aggregation, reproduction, distribution, transmission, public performance, and public display of such User Submissions. You understand that all User Submissions are the sole responsibility of the person from whom such User Submission originated. This means that you, and not Quiver, are entirely responsible for all User Submissions that you make available through the Quiver Service.
c) Applicability to Upgrades. These Terms will govern any upgrades provided by Quiver that replace and/or supplement the original Quiver Service or Apps, unless such upgrade is accompanied by a separate license in which case that license will govern.
e) Publicity Consent. In using our service, you grant us the right to add your name and company logo to our customer list, website and in other communication used for the purpose of marketing our services. You also agree to provide a testimonial and act as a reference for Quiver for the purpose of promoting our services with existing or potential Quiver customers. If you’d prefer not to be listed, please send an email to email@example.com and we’ll make sure you’re not listed or used as a reference.
f) Third Party Fees. You understand and acknowledge that third party fees may apply to your use of the Mobile Application, including without limitation fees charged by your mobile service provider for network access, data transmission, or other similar fees. You are solely responsible for all such fees. Please note that transmitting certain data to the Quiver Service or Apps may be data intensive, and you should confirm your data usage plan details with your network operator.
g) Location-Based Services. Some of the features of the Quiver Service enables Quiver to access your location in order to provide the Quiver Service based on your location (“Location-based Services”). In order to use certain Location-based Services, you must enable certain features of your mobile phone, such as GPS, Wi-Fi, and Bluetooth, which enable Quiver to identify your location through a variety of means, including GPS location, IP address, cell tower location, geo-fencing technology, or detection by physical on-location Wi-Fi or Bluetooth sensors, as available. To the extent your location is collected through Wi-Fi or Bluetooth sensors, such sensors, and the associated data services, may be provided by a third party, and you agree and acknowledge that such third party may access such information for the purpose of providing such data services to Quiver. You will be given the option to automatically enable the provision of some Location-based Services through the Apps, and to enable or disable such Location-based Services at any time through the App’s Settings menu. If you choose to disable any Location-based Services on your device and/or opt out of any Location-based Services through the App’s Settings menu, you will not be able to utilize certain features of the Apps. By enabling Location-based Services on your device, you agree and acknowledge that (i) device data we collect from you is directly relevant to your use of the Apps, (ii) Quiver may provide Location-based Services related to and based on your then-current location, and (iii) Quiver may use any such information collected in connection with the provision of Location-based Services in connection with its provision of the Apps. PLEASE NOTE THAT LOCATION DATA MAY NOT ALWAYS BE ACCURATE, AND Quiver DISCLAIMS ANY AND ALL WARRANTIES RELATED TO LOCATION-BASED SERVICES.
h) NOTICE REGARDING APPLE. If you are using the Apps on an iOS-based device, you agree to and acknowledge that this Agreement is between you and Quiver only, not with Apple, Inc. (“Apple”), and Apple is not responsible for the Apps and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Quiver Service. In the event of any failure of the App to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the Apps to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Apps. Apple is not responsible for addressing any claims by you or any third party relating to the Apps or your possession and/or use of the Apps, including, but not limited to: (i) product liability claims; (ii) any claim that the Apps fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Apps and/or your possession and use of the App infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Apps. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of this Agreement. You hereby 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.
a) Subscription. The amount you pay each month to access the Quiver Service (‘Subscription Fee’) will remain fixed for the initial term of your subscription (‘Subscription Term’) unless you exceed the maximum number of messages sent each month according to the plan you’ve purchased (‘Message Send Limit’). If your Message Send Limit is exceeded, you will be charged an additional fee (‘Additional Send Price’) the cost of which is determined by the package you’ve purchased at the time you purchased it.
b) Automatic Renewal. The Subscription Term is subject to automatic renewal, unless you or Quiver provides written notice that it does not intend to renew the subscription. Written notice of non-renewal must be sent no more than ninety (90) days but no less than forty-five (45) days in advance of the end of the Subscription Term.
c) End of Subscription Term. The Subscription Term ends on the expiration date and cannot be canceled before its expiration.
7. Billing and Payment
a) Account Use. To use or register for a paid feature on the Quiver Service, you are required to keep payment information current, complete and accurate (such as a change in address, credit/debit card number or expiration date) and notify Quiver if the selected payment method is canceled (e.g., for loss or theft). You are responsible for all charges incurred under your account made by you or anyone who uses your account (including your employees, agents, independent contractors, or others who access your account).
b) Taxes. You are responsible for paying any governmental taxes imposed on your use of the Quiver Service, including, but not limited to, sales, use or value-added taxes. To the extent Quiver is obligated to collect such taxes, the applicable tax will be added to your billing account.
c) No Refunds. All fees relating to the Quiver Service, including any fees charged for access to the Quiver Service are final and nonrefundable.
d) Disputed Charges. You agree to submit any disputes regarding any charge to your account in writing to Quiver within sixty (60) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge.
8.Modification of the Terms
As our business evolves, Quiver may, from time to time, change, modify, add, or remove portions of the Terms, and reserves the right to do so in its sole discretion. If we modify these Terms, we will notify you, and you will be required to accept such modified Terms as a condition to continuing using the Quiver Service.
9. Prohibited Uses
a) Access to the Quiver Service from territories where its contents are illegal is prohibited. The Quiver Service is designed for customers in the United States. Those who choose to access the Quiver Service from other locations do at their own initiative and are responsible for compliance with all local rules including, without limitation, rules about the internet, data, email, or privacy. You also agree and understand that your data may be transferred to other jurisdictions for processing.
b) You may not use the Quiver Service in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the Quiver Service. You may not attempt to gain unauthorized access to the Quiver Service, or any part of it, other accounts, computer systems or networks connected to the Quiver Service, or any part of them, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Quiver Service or any activities conducted on the Quiver Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Quiver Service. You may not modify the Quiver Service in any manner or form, nor use modified versions of the Quiver Service.
c) The Quiver Service may contain robot exclusion files. You agree that you will not use any robot, spider, scraper, or other automated means to access the Quiver Service for any purpose without our express written permission, or bypass our robot exclusion files or other measures we may use to prevent or restrict access to the Quiver Service.
10. User Generated Content
You may compose and/or create content through the Quiver App (hereinafter, “User Generated Content“). We do not review private user generated content, however we will review and respond to all content reported by users as a violation of our terms of service, if content is not reported by users we will merely act as a passive conduit for distribution of the User Generated Content to other users of the App who have opted-in to receive the content. We reserve the right to remove any User Generated Content that we deem to violate our Community Guidelines, or that is offensive or otherwise unacceptable to us in our sole discretion.
As a user you warrant and represent that you either own, or have a sufficient license to, all User Generated Content provided through your account. You hereby grant us an irrevocable, non-exclusive, worldwide, royalty-free, sublicensable, transferable license to use your User Generated Content as reasonably necessary for us to provide you and other users with the App.
Remember, once you submit User Generated Content through the App, it may be accessible by other users, including any Personal Information included therein. Please carefully consider any User Generated Content that you submit through the App.
11. Community Guidelines
By accessing and/or using the App, you hereby agree that:
You will not use the App for any unlawful purpose.
All information provided through your account is accurate to the best of your knowledge.
You will not upload, post, e-mail, transmit, or otherwise make available any content that: infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity.
You will not upload content that is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, or promotes extreme violence or cruelty to animals, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity.
You will not upload content which discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information.
You will not “stalk” or otherwise harass another user of the App.
You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
You will not interfere with or attempt to interrupt the proper operation of the App through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the App through hacking, password or data mining, or any other means.
There will be no tolerance for content and behavior in violation of the Community Guidelines. Users in violation will be removed from the App at the discretion of Quiver.
You may provide Quiver with information and feedback regarding the features and performance of the Quiver Service, and information regarding any and all failures, errors, or other malfunctions in the Service along with any associated error messages (the “Feedback”). You hereby grant Quiver a perpetual, irrevocable, worldwide, royalty-free, fully paid, unrestricted right and license to use any and all such Feedback, information, and materials for any purpose.
13. Ownership; Proprietary Rights
The Quiver Service is owned and operated by Quiver, Inc. The visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, Quiver name and logos and all other elements of the Apps and other aspects of the Quiver Service provided by Quiver (“Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for your User Submissions, all Materials, including all intellectual property rights therein, belong to Quiver or its affiliates and/or third party licensors. All trademarks, service marks, and trade names are proprietary to Quiver or its affiliates, except that trademarks, service marks and trade names relating to Third Party Materials (as defined below) are property of their respective owners. Except as expressly authorized by Quiver, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
14. Third Party Sites, Products and Services; Links
The Quiver Service may include links or content relating to third party web sites, products or services, solely as a convenience to users (“Third Party Materials”). Quiver does not endorse any such Third Party Materials or the information, material, products or services referenced in the Third Party Materials. Furthermore, Quiver makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through Third Party Materials. YOUR USE OF THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES REFERENCED IN THE THIRD PARTY MATERIALS IS SOLELY AT YOUR OWN RISK.
Your correspondence or business or other dealings with advertisers or other third party service providers encountered on or through the Quiver Service is solely between you and such third party. YOU AGREE THAT Quiver WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH THIRD PARTIES ON THE QUIVER SERVICE.
Except as explicitly stated otherwise, legal notices will be served on Quiver at Quiver Inc., 2250 N.W. 114th Ave; Unit 1P, PTY16156, Miami, FL, 33172. Legal notices will be served on you at either the email or physical address you provide to Quiver during the registration process. Notice by email will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Notice given by either party by mail will be deemed given three days after the date of mailing.
a) By Quiver. You agree that Quiver, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have with Quiver or use of the Quiver Service and remove and discard all or any part of your account or any content uploaded by you, at any time. Quiver may also in its sole discretion and at any time discontinue providing access to the Quiver Service, or any part thereof, with or without notice. You agree that any termination of your access to the Quiver Service or any account you may have or portion thereof may be affected without prior notice, and you agree that Quiver will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Quiver Service may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Quiver may have at law or in equity.
b) By You. You may terminate your account, this Agreement and your right to use the Quiver Service at any time and for any reason or no reason, by contacting Quiver customer support at firstname.lastname@example.org, and immediately discontinuing all use of the Quiver Service, including any and all mobile applications, embedded widgets, plugins, or other software components. c) Fees. Upon any termination of your account, you will remain obligated to pay all outstanding fees and charges relating to your use of the Quiver Service before termination. Termination does not give rise to any right of refund.
d) Survival. Sections 3, 7, and 9 through 18 will survive any termination of these Terms.
17. Disclaimers; No Warranties
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, QUIVER AND ITS AFFILIATES, LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND NON-INFRINGEMENT. QUIVER DOES NOT WARRANT THE DATA, CONTENT, ANALYTICS, FEATURES, OR INFORMATION PROVIDED THROUGH THE QUIVER SERVICE, INCLUDING WITHOUT LIMITATION USER SUBMISSIONS OR OTHER DATA PROVIDED BY OTHER USERS, TO BE UNINTERRUPTED, ACCURATE, USEFUL, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR EQUIPMENT, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR USE OF THE QUIVER SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
18. Limitation of Liability and Damages
UNDER NO CIRCUMSTANCES WILL Quiver OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OR RELATED TO THE Quiver SERVICE, EVEN IF Quiver OR A Quiver AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL QUIVER’S OR ITS AFFILIATES’, CONTRACTORS’, EMPLOYEES’, AGENTS’, OR THIRD PARTY PARTNERS’ OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE Quiver SERVICE (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE QUIVER SERVICE DURING THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
You (and your Administrative Users and Subscribing Organization, if applicable) agree to indemnify, defend, and hold Quiver, its affiliates, contractors, employees, agents and its affiliates, suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Quiver Service, your violation of these Terms or any law or regulation, or any breach of the representations, warranties, and covenants made by you in these Terms. Quiver reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Quiver, and you agree to cooperate with our defense of these claims. Quiver will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
20. Digital Millennium Copyright Act Compliance
Quiver respects the intellectual property rights of others and does not permit copyright infringing activities on the Quiver Service. If you are a copyright owner or an agent thereof, and you believe that any content hosted on the Quiver Service infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail): (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Quiver Service are covered by a single notification, a representative list of such works at the Quiver Service; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Quiver to locate the material; (iv) Information reasonably sufficient to permit Quiver to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Quiver Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows: Copyright Agent at Quiver Inc., 2250 N.W. 114th Ave; Unit 1P, PTY16156, Miami, FL, 33172 or by email at email@example.com. For clarity, only DMCA notices should go to the Quiver Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to Quiver customer service through firstname.lastname@example.org. You acknowledge that if you fail to comply with all of these requirements, your DMCA notice may not be valid.
The services hereunder are offered by Quiver, Inc., located at 2250 N.W. 114th Ave; Unit 1P, PTY16156, Miami, FL, 33172; Quiver may be contacted by email at email@example.com. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.