Last Modified: September 9, 2012
PLEASE READ THIS DOCUMENT CAREFULLY. Quanta Research Cambridge, Inc. ("QRC," "we," or "us") offers Social Media app Phollow through the Apple App Store and Google Play. By registering as a user, you accept these Terms of Service ("Agreement"), which forms a binding agreement between you and QRC. If you do not wish to be bound by this Agreement, do not Phollow.
QRC grants you a limited, non-exclusive license to access and use Phollow. This license is personal to you and may not be assigned or sublicensed to anyone else. Except as expressly permitted by QRC in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble Phollow. Nor will you take any measures to interfere with or damage Phollow. All rights not expressly granted by QRC are reserved.
You may not upload post or transmit collectively submit any image audio or other work collectively content that:
QRC reserves the right, but shall have no obligation, to pre-screen, flag, filter, refuse, modify or move any Content available via QRC services. In no event will QRC be liable for the removal of or disabling of access to any services.
You understand that by using Phollow you may be exposed to Content that is offensive, indecent or objectionable, and that you use Phollow services at your own risk. Phollow provides tools to flag and report offensive or objectionable Content.
As between you and QRC, you own content that you submit to Phollow. By submitting content, you grant QRC and its parent a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, prepare derivative works of, and display content in connection with Phollow and businesses of QRC and its parent.
The above licenses will continue unless and until you notify QRC in writing, in which case the licenses will terminate within a commercially reasonable period of time.
For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to QRC and grant the licenses set forth above; (ii) QRC will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.
You will indemnify, defend, and hold harmless QRC and its parent, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on Phollow; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to QRC violates any law or infringes any third party right, including any intellectual property or privacy right.
If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
QRC's designated Copyright Agent to receive notifications of claimed infringement is Stephen Lewin-Berlin. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
Your privacy rights are set forth at www.qrclab.com/privacy.html, which forms a part of this Agreement.
QRC reserves the right to modify Phollow. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to Phollow. QRC has no obligation to screen or monitor any content and does not guarantee that any content available on Phollow complies with this Agreement or is suitable for all users.
QRC provides Phollow on an "as is" and "as available" basis. You therefore use Phollow at your own risk. QRC expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, QRC makes no representations or warranties:
To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used Phollow, and no warranties shall apply after such period.
IN NO EVENT SHALL QRC AND ITS PARENT, THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES GENERATED BY PHOLLOW, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
GOVERNING LAW: This Agreement shall be governed by the laws of the State of Massachusetts, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.
DISPUTES: Any action arising out of or relating to this Agreement or your use of Phollow must be commenced in the state or federal courts located in Massachusetts, United States of America (and you consent to the jurisdiction of those courts). In any such action, QRC and you irrevocably waive any right to a trial by jury.
MODIFICATIONS: This Agreement may not be modified except by a revised Terms of Service posted by QRC on its website or a written amendment signed by an authorized representative of QRC. A revised Terms of Service will be effective as of the date it is posted on QRC's website.
INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by QRC in exercising any right hereunder will waive any further exercise of that right. QRC's rights and remedies hereunder are cumulative and not exclusive.
SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without QRC's prior written consent. No third party shall have any rights hereunder.
NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from QRC electronically. QRC may provide all such communications by email or by posting them on Phollow. For support-related inquiries, you may send an email to support@qrclab.com. You may send notices of a legal nature to QRC at legal@qrclab.com or the following address:
Attn: Legal Affairs Quanta Research Cambridge, Inc.
One Kendall Square
Building 200, Suite 2201
Cambridge, MA 02139 USA
Nothing herein shall limit QRC's right to object to subpoenas, claims, or other demands.