WELCOME TO QUICKY LIST

We (QuickyList, Inc.) hope you find our service useful. By accessing or otherwise interacting with our servers, services, websites, mobile app (the "App"), or any related content/postings (together, "QL"), you agree to these Terms of Use ("TOU"), last updated on August 16, 2019. You acknowledge that QL is a private service owned and operated by QuickyList, Inc. If you’re using or accessing QL on behalf of a business, you represent that you have the authority to accept these TOU on that business’s behalf and that the business agrees to these TOU. If you do not agree to these TOU, you are not authorized to use QL or download the App.

We may modify the TOU at any time in our sole discretion. You are responsible for periodically reviewing changes; if you continue using QL, you are bound by the updated TOU. Our Privacy Policy, Prohibited List, and all other site rules, policies, and agreements referenced below or on QL are fully incorporated into these TOU, and you agree to them as well.

1. LICENSE

If you agree to the TOU and (1) are of sufficient age and capacity to use QL and be bound by these terms, or (2) you use QL on behalf of a business, thereby binding that business, QuickyList grants you a limited, revocable, non-exclusive, non-assignable license to use QL in compliance with these TOU. Use of QL outside of this license is unauthorized.
You agree not to display, "frame," create derivative works from, distribute, license, or sell content from QL, except postings you create yourself. By posting content, you give QuickyList a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, display, distribute, and make derivative works based on that content.

2. USE

Unless specifically licensed by us in a separate written or electronic agreement, you agree:

  1. No Unauthorized Software or Services
    You will not use or provide software (other than our App, standard web browsers, and email clients) or services that interact or interoperate with QL (for example, software for downloading, posting, flagging, emailing, searching, or creating accounts).

  2. No Automated Content Collection
    You agree not to collect, copy, or gather content from QL by using robots, spiders, scripts, scrapers, crawlers, or manual equivalents.

  3. Prohibited Content and Activities
    Misleading, unsolicited, or unlawful postings, communications, or accounts are not allowed, nor is the buying or selling of QL accounts. Do not post content that violates any policy or rule referenced above (the "Prohibited Content"). Do not abuse QL’s flagging or reporting systems. Do not collect user information or interfere with QL’s operation.

  4. Moderation
    QuickyList may moderate QL at its sole discretion (for instance, blocking, filtering, re-categorizing, deleting, delaying, or verifying content, or terminating your account/license). You agree (a) not to bypass these moderation efforts, (b) that QuickyList is not liable for its decision to moderate or not, and (c) nothing QuickyList says or does waives its right to moderate or not moderate.

  5. No Unauthorized Distribution or Modification
    Unless licensed in a separate written agreement, you will not:

    • (i) rent, lease, sell, or sublicense QL or our API,
    • (ii) copy, adapt, decompile, reverse engineer, or modify the App, API, or any code/software that provides QL,
    • (iii) combine QL or the API with any software or services not authorized by us,
    • (iv) circumvent any feature that controls or protects QL or the API, or
    • (v) remove or alter any copyright, trademark, or proprietary notices.

  6. Lawful Use
    You agree not to use QL or the API in a manner that infringes or violates the rights of any person or is contrary to applicable law.

3. LIQUIDATED DAMAGES

If you violate these TOU—or encourage, support, benefit from, or induce others to do so—you agree you will be jointly and severally liable for the following liquidated damages:

  • (A) Collecting or harvesting QL user information, including personal/identifying info: $1 per violation
  • (B) Publishing/misusing personal or identifying info of a third party related to your QL use without that party’s express written consent: $1,000 per violation
  • (C) Misrepresenting your identity or affiliation in connection with QL use: $1,000 per violation
  • (D) Posting or attempting to post Prohibited Content: $4 per violation
  • (E) Posting or attempting to post Prohibited Content in any paid section of QL: equal to the per-post fee for that section
  • (F) Sending unauthorized or unsolicited email to an email address obtained from QL: $25 per violation
  • (G) Using QL user info to make/send unauthorized or unsolicited texts, calls, or communications to any user: $500 per text/call/communication
  • (H) Creating a misleading or unlawful QL account, or buying/selling a QL account: $4 per violation
  • (I) Abusing or trying to abuse QL’s flagging/report processes: $1 per violation
  • (J) Distributing any software to facilitate violations of this USE section: $1,000 per violation
  • (K) Aggregating, displaying, framing, copying, reproducing, distributing, licensing, selling, or exploiting QL content (for any purpose) without express written consent: $3,000 per day of such violation
  • (L) Requesting, viewing, or accessing more than 1,000 QL pages in any 24-hour period: $0.25 per page for each page over 1,000
  • (M) Bypassing or attempting to bypass our moderation efforts: $4 per violation

You acknowledge these amounts are:

  1. Reasonable estimates of damages (as actual damages are often difficult to calculate),
  2. Not a penalty, and
  3. Not limiting on any other legal theory or claim (e.g., for spam, QuickyList can choose between these liquidated damages or statutory damages under anti-spam laws). Repeated violations of the USE section constitute irreparable harm, entitling us to injunctive or equitable relief in addition to monetary damages.

4. FEES

When you make a paid posting (quickylist.com/about/help/faqs/fees), you authorize us to charge your account. Any required tax is additional. Fees are non-refundable, even if we remove, re-categorize, re-rank, or otherwise moderate your post or access. We may refuse any posting at our discretion.

5. DISCLAIMER & LIABILITY

To the fullest extent allowed by law, QuickyList, Inc. and its officers, directors, employees, agents, licensors, affiliates, and successors ("QL Entities"):

  1. Make no warranties or representations regarding QL’s completeness, accuracy, availability, timeliness, propriety, security, or reliability.
  2. Provide QL on an “AS IS” and “AS AVAILABLE” basis, and any risk of using QL is assumed by you.
  3. Disclaim all warranties, express or implied, including those of accuracy, merchantability, fitness for a particular purpose, non-infringement, and any arising from course of dealing or trade.
  4. Disclaim liability or responsibility for acts/omissions by you or any party in connection with QL.

QL Entities are not liable for any direct, indirect, consequential, incidental, special, punitive, or other losses (including profits, revenues, data, goodwill, etc.) arising from or related to QL, and any such liability shall not exceed $100 or the amount you paid us in the preceding year, whichever is greater. Some jurisdictions do not allow disclaimers or limitations, so some disclaimers may not apply to you.

6. CLAIMS & INDEMNITY

Any claim, cause of action, or dispute ("Claims") arising out of or related to QL is governed by the internal laws of California, without regard to conflict of law principles, except to the extent governed by U.S. federal law. Any Claims will be resolved exclusively in the courts of San Francisco, CA (except we may seek preliminary or injunctive relief anywhere). You:

  1. Submit to the personal jurisdiction of courts in San Francisco, CA.
  2. Indemnify and hold harmless the QL Entities from any Claims, losses, or expenses (including attorneys’ fees) arising from a third party and related to your use of QL.
  3. Are liable and responsible for any Claims we have against your officers, directors, employees, agents, or affiliates who are paid, directed, or controlled by you, or act for your benefit.

7. TRADEMARKS

QUICKY LIST and any associated logos and symbols are protected trademarks of QuickyList, Inc. in the U.S. and other jurisdictions.

8. MISCELLANEOUS

Unless you’ve entered a separate written or electronic agreement with us referencing these TOU, these TOU represent the entire agreement between you and QuickyList. Previous written licenses may remain valid until we terminate your authorization. Our decisions or lack of action do not waive our right to enforce any part of these TOU. The USE, LIQUIDATED DAMAGES, and CLAIMS & INDEMNITY sections survive termination, and you remain bound by those sections. If any part of these TOU is invalid or unenforceable, it will be limited to the least extent needed, and a valid provision that reflects our intent will supplement it. These TOU are in English, which prevails over any translations. If you believe your IP rights are infringed, please see quickylist.com/about/dmca.