Welcome to Quotesgram! These Terms of Service (“Terms”) are a binding legal contract between you and QuotesGram Inc. (“Quotesgram”). They apply to your use of Quotesgram (“Site”), our application for mobile devices (“Mobile Application”) and any of our services made available on the Site or via the Mobile Application (“Services”). If you do not agree to all of these terms, please do not visit the Site or Mobile Application, or use the Services - if you do, you are necessarily agreeing to these terms. Your “Agreement” with Quotesgram also includes any specific additional terms and policies that apply to any specific Services you use.
Special Note on Bots. All automated visitors (eg, crawlers, spiders, scrapers, etc) (“Bots”) are subject to this Agreement to the same extent as human users. Except for search engines gathering information for publicly accessible search indices, a Bot may not access the Services until a human responsible for that Bot has reviewed this Agreement. Failure to do so does not excuse any breach of this Agreement by the Bot.
Quotesgram is an online and mobile service that allows users to create, view and follow visual collections through the Site and Mobile Application. After you have created an account to become a member of Quotesgram, you may use the Services to create, view and follow visual collections. In order to create a visual collection, you may upload images from your computer, and/or install and use our "Quotesgram" browser plugin, by following the instructions provided on the "Add" section of the Site. You can also add images that were collected by other Quotesgram users to one of your collections by simply clicking the “Collect” button that appears when you hover over an image on the Site. You will also be able to (a) rearrange the presentation order of your collections, (b) drag and drop images between collections, (c) collect one image to multiple collections, (d) collect multiple images from one page, (e) move your images and collections to different services, and (f) move your images and collections from other services to Quotesgram.
- Please note that your visual collections will be publicly viewable by all visitors to the Site and Mobile Application unless you proactively mark them as private. If you mark a collection as private when it is originally created, we will use reasonable efforts to ensure that (a) the collection will not be included in search results on the Site or Mobile Application, (b) other visitors (except those you invited to view the collection) won't find it as a result of using the search feature of the Site or Mobile Application, and (c) the collection will not be distributed outside the Site or Mobile Application. Also, we will retain it if needed for any legal reason. Be aware, however, just because something is marked "private", we can't guarantee that only the people you invite will see it. Even if you mark something "private", users may be able to find the direct URL for an image through other search mechanisms, then share or link to it outside the Site or Mobile Application. Also, remember: if you share it from the Site or Mobile Application, it's no longer private, even if you marked it "private." If you remove your Content from the Site or Mobile Application, or mark as "private" something that previously had been public, we won't use it outside of the Site or Mobile Application anymore and will hide it from search results on the Site or Mobile Application, but we might still have it stored in backup files or on servers, and we are not responsible for sites on which it was shared before it was marked "private." In order to follow the visual collections of other members, you may search for other visual collections via the Site and Mobile Application and select the option to "Follow" such members.
- We are constantly evolving and improving the Services. We may modify, suspend or discontinue all or some of the Services at any time without notice or liability.
- Please keep in mind that you are solely responsible for your interactions with other users. We reserve the right, but have no obligation, to monitor disputes between you and other users. Quotesgram will have no liability for your interactions with other users, or for any user’s action or inaction. Please help to make Quotesgram a positive and respectful community.
- You are responsible for everything done through your account, so please do not share your ID and password with anyone you do not want to be accountable for. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Please notify us right away if you have lost control of your password or you suspect there is unauthorized activity in your account.
- Your account is not meant to be your primary storage facility for any content you want to keep. We reserve the right to delete any Content at any time without notice.
- You may not use or authorize anyone else to use any automated means to access your account, the Services or any Content appearing on the Site or the Mobile Application.
- When you create your Quotesgram account, you must provide us with accurate and complete information. Please be sure to provide us with up to date contact information so we know how to reach you. We will send you emails from time to time related to your account, our Services and other issues. You will be able to opt out of some kinds of email (eg, marketing email) by following the instructions in the email or by adjusting your email notification preferences in the Settings portion of the Site.
- You agree not to use user names or collection titles that are offensive, obscene or harassing to others, or that infringe upon third party trademarks. We have the right to change your user name and collection title names at any time and for any reason in our sole discretion.
- You may close your account at any time by sending an email to firstname.lastname@example.org.
“Content” means anything that appears on the Site or Mobile Application, or that contributes to other content on the Site or Mobile Application (eg, a rating that is aggregated with other user ratings), including but not limited to all text, visual elements (eg, graphics, images, etc), video and data.
- You are solely responsible and bear all liability for and risk from any Content you provide to us, the Site, or the Mobile Application, or that you make available in connection with the Services (collectively, Content you “provide”). Please provide Content thoughtfully, because you may not be able to delete it.
Quotesgram values and respects the rights of third party creators and content owners, and expects you to do the same. You represent and warrant that you have all rights and authorizations necessary for the Content you provide and that no Content you provide will infringe, misappropriate or violate any third party rights (including rights of privacy, moral rights or any intellectual property rights) or violate any applicable law or regulation. It is important that you understand that you are in the best position to know if the materials you post are legally allowed. We therefore ask that you please be careful when deciding whether to make Content available on our Services, including whether you can collect or recollect Content in your collections.
- We strongly discourage you from providing any Content that allows other users to identify or locate you.
- Certain kinds of Content are not allowed. You agree not to post, upload, publish, submit, provide access to or transmit any Content that: (a) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) is fraudulent, false, misleading or deceptive; (d) is defamatory, obscene, pornographic, vulgar or offensive; (e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that are threatening to any other person; or (g) promotes illegal or harmful activities or substances.
Quotesgram will not compensate you in any manner for anything, including your use of the Services and any Content you provide, unless you and Quotesgram have entered into a separate written agreement that has been signed by both parties.
- We reserve the right but not the obligation to pre-screen, filter and categorize any Content, and to change any URLs that are linked to images that you have collected in your collections. We may also investigate you, your account and any Content you submit. In addition to or instead of terminating or suspending your use of the Services and any other remedies, we may immediately take down any Content or take any other action we think is appropriate to deal with any issue we believe is problematic in our sole discretion. However, while we reserve the right to do these things we do not make any commitment that we will police the Services for problems that have not been reported to us. To report a problem, please see below.
Things You Cannot Do
- Lie to us or anyone else in your Content or in connection with your use of the Services. This includes but is not limited to giving false information in your account registration and writing reviews that are made up, dishonest or misleading.
- Provide any Content unless you have all the legal rights needed to do so. This includes providing Content that divulges a secret you were obligated to protect, plagiarizes or otherwise infringes someone else’s Content, or breaks the law.
- Provide any Content in exchange for any form of benefit or compensation from a third party.
- Open a new account without our written permission if we have terminated your account or told you not to access the Services.
- Transfer your account to someone else.
- Use an account for the purpose of making a competitive assessment of our Services or incorporating any information or other Content from the Services into any service you offer to third parties.
- Access or scrape the Site, the Mobile Application or the Services by any automated means unless you are a search engine crawling the Site or the Mobile Application for the sole purpose of creating a publicly accessible search index; bog down the Site, the Mobile Application or a Service by uploading or downloading an unreasonably large amount of material at one time; or bypass any technical protections, storage limits or throttling that we institute.
- Reverse engineer, decompile, disassemble, create derivative works of, remove the copyright designation from, copy, sublicense or distribute any widget, application or software code associated with either, except to download a copy of a widget or application for your own personal use.
- Anything else we ask you not to.
Copyright Infringement and Other Bad Acts
Quotesgram is strongly committed to respecting intellectual property and other rights. We have a policy of responding to notices of alleged copyright infringement that comply with applicable laws, including the Digital Millennium Copyright Act in the United States, and terminating accounts of repeat infringers. Our full Copyright Policy and information about how to report a copyright problem is http://quotesgram.com/do/terms#infringement We are also concerned with other types of infringement and abuse. To report a problem other than copyright infringement, please email email@example.com.
Intellectual Property Issues
- Subject to any applicable account settings you select, you hereby grant Quotesgram a non-exclusive, sub-licensable, transferable, worldwide, royalty-free right and license to use, display, reproduce, recollect, modify (e.g. reformat), rearrange and distribute all Content you provide for the purposes of operating and providing the Services to you and to our other users. Nothing in these Terms shall restrict Quotesgram's rights under separate licenses to your Content. Please remember that the Services are a public platform, and that other users may search for, see, use and/or recollect any Content that you make publicly available through the Services.
- You will own your Content, at least as between you and Quotesgram.
- As between you and Quotesgram, Quotesgram will own all other Content related to the Services and all intellectual property rights in the Services.
- Except for your Content, Quotesgram retains all right, title and interest in the Services, including all technology and processes and any enhancements or modifications and all content and other subject matter included on or within the Services, and the Quotesgram trademarks, service marks and logos (collectively, the “ Quotesgram Content ”). Subject to the terms and conditions of these Terms, we grant you a license to use the Services, including accessing and viewing Quotesgram Content, for your personal, noncommercial use to allow you to express yourself, discuss public issues, report on issues of public concern, engage in parody and as expressly permitted by the features of the Services. Quotesgram may terminate this license at any time for any reason or no reason. Except as expressly provided in these Terms, you may not use, copy, modify, reproduce, sell, license, distribute or otherwise exploit the Quotesgram Content without our permission, or create any additional service or website that includes or is based on our Services or the Quotesgram Content. Except for rights expressly granted in this Agreement, nothing in this Agreement grants any right, title or license.
Indemnity, Disclaimers and Limits on Liability
- You will indemnify, defend, and hold harmless QuotesGram Inc, its affiliates, officers, directors, shareholders, employees, contractors, licensors, licensees, agents, and representatives (the “ Covered Entities ”) against all liability, claims, costs, damages, settlements, and expenses (including interest, penalties, attorney fees and expert witness fees) (“ Liabilities ”) incurred by any Covered Entity in any way arising out of or relating to this Agreement. This includes but is not limited to Liabilities arising out of or relating to your use of the Services, any use of your account by you or anyone else, any Content you provide, your violation of this Agreement (including all Quotesgram policies), claims of intellectual property or other third party rights infringement, and taxes. Quotesgram reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. You agree not to settle any matter related to the Services, including indemnified claims, without our prior written consent. We will use reasonable efforts to inform you of any indemnified matter.
- TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- THE COVERED ENTITIES MAKE NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND NON INFRINGEMENT. THE COVERED ENTITIES HAVE NOT MADE ANY REPRESENTATION AS TO THE POTENTIAL BENEFITS YOU MAY REALIZE BY USING THE SERVICES. THE SERVICES ARE PROVIDED AS IS AND AS AVAILABLE. THE COVERED ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING THOSE MENTIONED ABOVE.
- THE COVERED ENTITIES ARE NOT RESPONSIBLE FOR ANY CONTENT PROVIDED BY A THIRD PARTY OR BY YOU OR ANYTHING ACCESSED VIA ANY LINKS TO THIRD PARTY WEBSITES, SERVICES, OR SOFTWARE. THE COVERED ENTITIES UNDERTAKE NO OBLIGATION TO ENFORCE THEIR POLICIES OR RIGHTS AGAINST ANY THIRD PARTY. YOU BEAR ALL RISKS ASSOCIATED WITH USING THIRD PARTY LINKS, WEBSITES, ETC.
- THE COVERED ENTITIES SHALL NOT BE LIABLE FOR (A) CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS INFORMATION), EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (B) LOSS OF OR DAMAGE TO REPUTATION.
Quotesgram takes no responsibility and assumes no liability for any content that you or any other user or third party posts or sends over the Services. You are solely responsible for your Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your and other users’ online distribution and publication of your and their Content. You understand and agree that you may be exposed to Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
- The Services are controlled and operated from facilities in the United States. Quotesgram makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable national, state, local or other laws, statutes, directives, rules, regulations, and all interpretations or orders of any government, administrative or regulatory authority or court, including but not limited to those related to export and import of software, technical information or services. You may not use the Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in the United States.
- We reserve the right to suspend or terminate your account and/or your use of any widget or application at any time for any or no reason. This is not our exclusive remedy under any circumstances.
- When your account is closed (voluntarily or involuntarily), you may no longer have access to any information or materials you store within your account. We may retain your Content for a commercially reasonable period of time for backup, archival or audit purposes. Furthermore, Quotesgram and other users may retain and continue to display, reproduce, distribute, modify and rearrange any of your content that other users have recollected to their own collections or which you have posted to public or semi-public areas of the Services.
- This Agreement survives termination or suspension of any Services to you and/or closure of your account.
Third Party Websites, Advertisers or Services
- Additionally, your dealings with or participation in promotions of advertisers found on the Site, the Mobile Application or Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Quotesgram shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
Feedback You Provide
We value hearing from our users, and are always interested in learning about ways we can make Quotesgram better. You may choose to or we may invite you to submit comments, ideas or feedback about the Services, including without limitation about how to improve the Services or our products (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction; your disclosure will not place Quotesgram under any fiduciary or other obligation; and we are free to use, disclose and otherwise exploit the Feedback without any restriction and without additional compensation to you. By acceptance of your submission, Quotesgram does not waive any rights to use similar or related Feedback previously known to Quotesgram, or developed by its employees, or obtained from sources other than you.
- We reserve the right to change this Agreement and our policies at any time, effective immediately. When we make such changes, we will provide notice to you via email, “push” mobile notification, written or hard copy notice, or through posting of such notice on the Site, as determined by Quotesgram in our sole discretion.
- This Agreement incorporates all Quotesgram policies, which can be found on the Site.
Quotesgram will be entitled to recover any legal fees and other costs associated with enforcing this Agreement.
- You are responsible for being informed about and complying with all laws, rules and regulations that apply to your use of the Services and any Content you provide to the Services.
- This Agreement is the entire agreement between you and QuotesGram Inc. Aside from our right to make changes described in Section 8.1, any amendments to this Agreement must be in a writing signed by both parties.
- You cannot assign this Agreement without our written agreement. We can assign this Agreement to any entity that agrees to be bound by the terms of this Agreement.
- This Agreement is governed by New York law, excluding New York’s choice of laws principles. For any dispute you have with Quotesgram, you agree to first contact us at firstname.lastname@example.org and attempt to resolve the dispute with us informally. In the unlikely event that Quotesgram has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any disputes in the courts of New York, New York, to whose exclusive jurisdiction and venue we each irrevocably submit. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND QuotesGram.com ARE EACH WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
- If any provision of this Agreement is unenforceable, the validity and enforceability of the remaining provisions will not be affected. Quotesgram's failure to enforce or exercise any provision of this Agreement will not constitute a waiver unless it is in an explicit writing and signed by Quotesgram.