TERMS OF SERVICE
These Terms of Service govern your use of any applications or services owned or controlled by QuiverVision Limited (“Quiver”), a duly incorporated New Zealand company, with its registered office address at c/- Deloitte, 80 Queen Street, Auckland 1010, New Zealand, and all of Quiver’s affiliates and subsidiaries.
You are personally responsible for payment of any costs or expenses incurred as a result of downloading and using the Quiver Mobile Application (the “Application”), including any operator network and/or roaming charges. Please check with your service provider for details.
To the extent permitted by law, Quiver excludes all liability in relation to those payments and the services provided by any third party.
TERMS AND CONDITIONS
ACCEPTANCE OF TERMS
QuiverVision Limited (“Quiver”) provides its service to you subject to the following Terms of Service (“TOS”). We may update these TOS by posting a new version on our website, and your continued use of the Quiver Network (as defined in the ‘Description of Service’ section below) after any such update constitutes your binding acceptance of such changes. If you do not agree to be bound by these TOS, you should discontinue all use of the Quiver Network immediately.
DESCRIPTION OF SERVICE
Quiver offers its users the opportunity to register for email updates, share content and similar material and enjoy other rich content (the “Service”) as part of its Application and its website (collectively, the “Quiver Network”). Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to these TOS.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are thirteen (13) years of age or older, unless you are under 13 years old and your use of the Service is directly supervised by your parent or guardian or another authorized adult (e.g., a teacher) who agrees to be bound by this Agreement, and the person agreeing to this Agreement is not a person barred from receiving services under the laws of New Zealand, the United States or any other applicable jurisdiction. Any registration by, or use or access of the Service by, anyone under the age of thirteen (13) who is not directly supervised by an adult is not authorized and is a violation of these TOS.
By registering as a user of the Service, you agree to provide true, accurate, current and complete information about yourself as prompted (such information being the “Registration Data”) and maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is false, inaccurate, not current or incomplete, or if Quiver has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, Quiver may, at its sole discretion, deny you access to areas requiring registration, at its sole discretion.
ACCOUNT PASSWORD AND SECURITY
Some features of the Service require registration (“Restricted Areas”). At the time of registration for online account access, you must provide a valid email address.
As a result of your registration for the Service, you may receive certain communications from Quiver. You understand and agree that these communications are part of your registration.
You acknowledge, consent and agree that Quiver may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary: (i) to comply with legal process; (ii) to enforce the TOS; (iii) to respond to claims that any content violates the rights of third parties; (iv) to respond to your requests for customer service; or (v) to protect the rights, property, or personal safety of Quiver, its users and the public.
It is your responsibility to keep your login (email address) and your password safe and secure. If there is any activity undertaken with your login details then you are responsible. Your account is for your sole, personal use only. You may not allow others to use your account and you may not assign or otherwise transfer your account to any other person or entity. If you legitimately believe that your login details may have been used by someone else then you must notify Quiver as soon as possible and you must also change your password immediately. You agree to indemnify Quiver against any and all claims arising out of your failure to maintain the confidentiality of your username and password.
PLACEMENT AND REMOVAL OF MATERIAL ON THE QUIVER NETWORK
We reserve the right (but have no obligation) to:
a. decline to publish, or where already published, to remove any Material (as defined in the ‘Definitions’ section at the bottom of these TOS) that we consider in our absolute discretion to be inappropriate for the Quiver Network for any reason;
b. establish general practices and limits concerning the uploading of Material to the Quiver Network or the level and amount of your use of the Quiver Network and that these practices and limits may be modified from time to time;
c. monitor use of the Quiver Network by you and store and disclose any information we collect, including in order to investigate your compliance with these TOS or for the purposes of any police investigation or governmental request.
You agree that Quiver has no responsibility or liability for the deletion or failure to store any Material submitted by you to the Quiver Network.
By providing Material to Quiver for posting or publishing on the Quiver Network, you:
a. authorise Quiver to use any Material you provide to us in good faith for the purposes of complying with any legal process, responding to claims of third parties and to protect the rights or property of Quiver and its customers and the public;
b. authorise Quiver to edit, modify, amend or adapt or otherwise change your Material;
c. grant Quiver a world-wide, royalty-free, non-exclusive licence to use and exploit all IP Rights (as defined in the ‘Intellectual Property’ section below) in your Material, in perpetuity, without restriction and without making any payment to you and without seeking any further approval from you, including publication of that Material in hard copy publications or in electronic media, using your Material in advertising or promotional material and permitting others to do any of these, including when others or Quiver receive payment for doing this;
d. waive all moral rights in your Material and consent to Quiver doing anything which Quiver (or anyone permitted by Quiver) may do in relation to your Material which would otherwise be in breach of your moral rights. This includes Quiver using your Material without attributing you as the source of your Material;
e. warrant that you are the sole author or owner of the Material;
f. warrant that you have the right to grant the abovementioned licence;
g. agree that we may use your name, likeness, publically accessible biographical data in connection with our use of such Material; and
h. agree to indemnify Quiver and its officers, employees and agents from any damage or loss made against or suffered by any of those indemnified arising, in whole or in part, as a result of the publication by Quiver of your Material.
You acknowledge that our use of your Material may include licensing such Material to third parties and/or using such Material for advertising purposes. In no event shall we be required to seek your approval or provide you with any compensation in connection with such uses. You acknowledge that nothing contained within your Material would requires us to seek permission of a third party in order to use the Material as described in these TOS. Not all submitted Material will be published. Publication is at the discretion of Quiver.
You acknowledge that copyright, trade marks and all other intellectual property rights (“IP Rights”) in the Quiver Network and in the Material displayed or available through the Quiver Network belongs to Quiver or its licensors.
You are provided access to the Quiver Network only for your personal use. Subject to applicable laws:
a. unauthorised use of the Material is strictly prohibited and may infringe Quiver’s or its licensors IP Rights in the Material; and
b. no content may be reproduced, published or transmitted in any manner without the prior written consent of Quiver.
Without limiting the above, and subject to applicable law, you may not without prior written permission from Quiver:
a. archive the Material or any part of it;
b. form a database whether electronically or otherwise by systematically downloading or storing all or any of the Material;
c. redistribute or republish the Material; or
d. link to the Quiver Network including (without limitation) linking in any way which:
(1) frames the Quiver Network;
(2) replicates the Quiver Network; or
(3) misleads any person regarding any association with the Quiver Network or any association with Quiver (whether implicitly or expressly).
The trade marks used on the Quiver Network are Quiver’s trade marks or the trade marks of a third party. Nothing on the Quiver Network should be construed as granting any licence to use any trade mark without the permission of Quiver of the respective third party owner.
You must not use any of Quiver’s trade marks:
a. as or as part of your trade marks;
b. in connection with goods or services which are not the goods or services of Quiver;
c. in a manner that may be confusing, misleading or deceptive; or
d. in a manner that disparages Quiver, its information or Service or the Quiver Network.
You acknowledge that your use of the Quiver Network and the associated Service may be subject to interruption or delay. Due to the nature of the Internet (world wide web) and mobile phone communications, Quiver and its service providers do not make any warranty that the Quiver Network or services will be error free, without interruption or delay or free from defects in design or engineering.
The compatibility of this Quiver Network is not guaranteed for all software or hardware of users.
By using the Service, it is your responsibility to know, understand and abide by our rules of use, which are set out below. These rules are not meant to be exhaustive, and Quiver reserves the right to determine what types of conduct it considers to be inappropriate use of the Service and to take such measures as it sees fit. Quiver reserves the right to add to or amend this list of rules of use at any time.
You agree that you will not use the Service to:
a. post, email, transmit, upload, or otherwise make available content that harasses, abuses, or threatens other users, that contains profanity, or obscene or otherwise objectionable content, or that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification.
b. stalk or otherwise harass another person.
c. post, email, transmit, upload, or otherwise make available content that contains any other party’s intellectual property unless you have the legal right to do so.
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service.
e. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
f. post spam or other advertisements or solicitations, solicit funds, promote commercial entities, or otherwise engage in commercial activity except as explicitly allowed by these TOS.
g. post, email, transmit, upload, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed or functioning to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
h. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
i. intentionally or unintentionally violate any applicable local, state, national or international law.
Violation of our TOS may result in the immediate removal of your content from the Service and/or the immediate canceling of your Quiver account.
You understand that all Material submitted by users, including but not limited to profile information and communications with other users, whether privately transmitted or made publicly available, are the sole responsibility of the person from which such Materials originated. This means that you, not Quiver, are entirely responsible for all Materials that you upload, post, share, email, transmit, or otherwise make available via the Service. Under no circumstances will Quiver be liable in any way for any Materials uploaded, posted, shared, emailed, transmitted or otherwise made available via the Service.
You acknowledge that Quiver may or may not pre-screen Materials, but that Quiver and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, permanently delete, and/or move any Materials that are available via the Service. Without limiting the foregoing, Quiver and its designees shall have the right to remove any User Materials that violate these TOS or are otherwise objectionable in Quiver’s sole discretion. You understand that by using the Service, you may be exposed to Materials that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of any Materials. You further acknowledge and agree that you will not rely on any content available on or through the Service.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Quiver may, in appropriate circumstances and at its sole discretion, disable and/or terminate the accounts of users who infringe the IP Rights of other parties. If you believe that your work has been copied in a way that constitutes copyright infringement, or your IP Rights have been otherwise violated, please provide Quiver with a notice containing the following information (“Notice”):
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. a description of the copyrighted work or other intellectual property that you claim has been infringed;
c. a description of where the material that you claim is infringing is located on the site;
d. your contact address, telephone number and email address;
e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
f. a statement by you, made under penalty of perjury, that the information in your Notice is true and accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
To send Quiver a Notice claiming copyright or other IP Rights infringement please email us at firstname.lastname@example.org.
By registering for the Service, you acknowledge and agree that the Service is for personal use only. You may copy information from the Service for personal use, such as to view, print, colour, share or email the information, but you warrant that you will not, under any other conditions, reproduce, duplicate, copy, sell, trade, resell, modify, distribute, decompile, disassemble, or reverse engineer any portion of the Service.
You further agree and warrant not to disassemble, de-compile, reverse engineer, or otherwise attempt to gain access to the source code of the Application. You will not copy any part of the Application or make commercial use of, rent, lease, loan, sell, publish, license, sublicense, distribute, assign or otherwise transfer any part of the Application to any third party.
Quiver reserves the right to anonymously track and report, to our third party statistical service providers, your activity and use of the Application.
You agree to indemnify, defend, and hold Quiver and its subsidiaries, affiliates, officers, employees, agents, co-branders and other partners, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service, any transaction resulting from use of the Service, your connection to the Service, your violation of these TOS, and/or your violation of any rights of another party and/or user.
MODIFICATIONS TO SERVICE
Quiver reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof), including the Restricted Areas, with or without notice. You agree that Quiver shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service.
You agree that Quiver may, in its sole and absolute discretion and without notice or liability to you or any third party, immediately terminate your access to the Restricted Areas. Grounds for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other agreements or guidelines, (b) requests by law enforcement or government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification of the Service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. Termination of your account(s) may include (a) removal of access to all offerings within the Restricted Areas, and (b) barring further use of the Restricted Areas.
DEALINGS WITH ADVERTISERS AND OTHER USERS
Your correspondence or business dealings with, or participation in promotions of, advertisers or third parties found on or through the Service, such as through banner advertisements or hyperlinks displayed on the Service, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Quiver shall 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 advertisers or third parties on the Service.
The Service may provide links to other Internet (world wide web) sites or resources. You acknowledge and agree that Quiver has no control over such sites and resources and that Quiver is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Quiver shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
OUR PROPRIETARY RIGHTS
All title, ownership and IP Rights in and to the Service are owned by Quiver or its Licensors. You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other applicable laws. Except as expressly authorised by Quiver, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, in whole or in part.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
a. Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. Quiver expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. Quiver assumes no responsibility for the timeliness, deletion, mis-delivery or failure to provide any content.
b. Any content downloaded or otherwise obtained through the Service is downloaded and used at your sole discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download or use of any such content.
c. No advice or information, whether oral or written, obtained by you from Quiver or through or from the Service shall create any warranty not expressly stated in these TOS.
LIMITATION ON LIABILITY
YOU UNDERSTAND AND AGREE THAT QUIVER SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF QUIVER HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
a. THE USE OR THE INABILITY TO USE THE SERVICE;
b. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
c. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
d. ANY OTHER MATTER RELATING TO THE SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, QUIVER’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO QUIVER FOR THE SERVICE DURING THE TERM OF YOUR REGISTRATION FOR THE SERVICE.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in these TOS, there shall be no third party beneficiaries to this Agreement.
Quiver may provide you with notices, including those regarding changes to the TOS, by email, regular mail, or postings on the Service or the Quiver Network; provided, however, that this clause places no obligatory requirements on Quiver not already expressly set out in these TOS.
Any controversy or claim arising out of or relating to the TOS, with the exception of those controversies or claims specifically excluded below, shall be settled by binding arbitration in accordance with the New Zealand laws. Your dispute resolution fees and your share of compensation shall also be governed by the laws of New Zealand.
You and Quiver agree that any dispute shall be limited to the dispute between Quiver and you individually. To the full extent permitted by law:
a. no arbitration shall be joined with any other;
b. there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; and
c. there is not right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
You and Quiver agree that the following disputes are not subject to this binding arbitration provision:
a. any disputes seeking to enforce or protect, or concerning the validity of, any of your or Quiver’s IP Rights; and
b. any claim for injunctive relief.
For any dispute not subject to arbitration, or where no election to arbitrate has been made, you and Quiver agree to submit to the exclusive jurisdiction of the courts located in New Zealand. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
These Terms and Conditions are governed by, and construed in accordance with the law in force in New Zealand. The parties submit to the exclusive jurisdiction of the New Zealand courts for any proceedings in connection with these TOS.
Entire Agreement: These TOS constitutes the entire agreement between you and Quiver with respect to the Service and supersedes any prior agreements, oral or written, between you and Quiver.
Waiver and Severability of Terms: The failure of Quiver to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Section Titles: The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please immediately report any violations of these TOS that to email@example.com
In these Terms of Service:
Quiver Network means all of the websites, mobile sites and applications that we own and/or operate from time to time, regardless of how those websites are accessed by users (including via the Internet (world wide web), mobile phone or any other device).
Material means information, data, text, software, illustrations, photos, audio, video, any combination of these or other material that are provided by any users of the Service and/or Quiver Network, Quiver or Quivers Affiliates and/or Licensors.
Us, we, our or Quiver means QuiverVision Limited and/or its related companies or joint ventures.