Terms of service


Section 1. Binding Agreement

Welcome to qwips.com, a service of Voice Portraits, Inc., a Delaware corporation. QWiPS™ is providing this service and other of its’ Services (as defined below) to you subject to these Terms of Use (the “Terms of Use”). You acknowledge that, by using the Services, of which our web sites (including without limitation QWiPS.com) form a part, or any of our Services, that you agree to be bound by, subject to and to act in accordance with the provisions of these Terms of Use, the QWiPS Privacy Policy, the QWiPS Acceptable Use Policy, and if you use any of our downloadable QWiPS Applications, the End User License Agreement, and such other notices regarding usage that may be promulgated from time to time by QWiPS in its absolute discretion, all of which are available at http://qwips.com/terms and are collectively referred to hereinafter as the QWiPS “Terms of Service.” In the event of any contradiction between these Terms of Use and the terms of the other documents comprising the Terms of Service, the provisions of these Terms of Use shall prevail with respect to such contradiction as pertains to the use of any of our websites. Please read all documents comprising the Terms of Service carefully. If you cannot agree to any portion of the Terms of Service, please do not use all or any portion of the Services as you are not an authorized user in such case. For purposes of these Terms of Use, “Services” means any and all of our websites, including QWiPS.com, and those domains directly associated with any of them, the QWiPS Applications, and all related services, applications, components, programs, software, listings, directories, tools, message boards, databases and information offered by QWiPS and made available and utilized through each of the foregoing or through the websites of our partners. References to “you” in these Terms of Use means you, your duly authorized representatives and any entity you may represent in connection with your use of the Services.

Section 2. Representations and Warranties

You represent and warrant that your usage of the Services will only be for lawful purposes and will be done in accordance with these Terms of Use, the Terms of Service and all applicable laws generally. You also represent and warrant that you will not use any of our Services to violate any law, regulation or ordinance or any right of QWiPS or any third party, including, without limitation, any right of privacy, publicity, copyright, patent or trademark or other intellectual property right. You further represent and warrant that you have the adequate legal capacity to abide by these Terms of Use and the Terms of Service generally. You represent and warrant that all registration information provided by you in connection with accessing and/or using the Services is true, accurate, current and complete at the time of registration and you undertake to update all such registration information if at any time during your use of the Services it becomes untrue or inaccurate. You represent and warrant that you are at least 13 years old.

If you are a child under the age of 13 you are not permitted to use any of the Services. If it comes to the attention of QWiPS by substantiated means that a registered user of the any of our Services is a child under the age of 13 years old, QWiPS will act immediately to cancel that user’s account, and no notice shall be required of such cancellation.

Section 3. Functionality Modifications and Cancellations

In agreeing to the terms and conditions of these Terms of Use, you agree that QWiPS may at any time, in its sole and absolute discretion, without prior notice to you, modify, cancel, update, reconfigure, supplement, limit, terminate, or otherwise alter the Services or any part thereof, including as between different users of the same Services, whether temporarily or permanently (each such change, a “Function Change”). For the avoidance of doubt, a Function Change may be done to the Software already installed on your computer and you hereby consent to QWiPS taking any and all such actions as may be necessary to effect such Function Change by any means necessary, including without limitation, downloading additional software to your computer. QWiPS may, in its sole discretion, (i) choose to provide different Services to different users, including different versions of the same Service, and/or different levels of access or functionality to different users at different times (each such instance, a “Variant Services Grant”), and/or (ii) make Function Changes that impact some users, Services, versions of the Services, but not others, including Function Changes that impact on the privacy and security features of the Services. In agreeing to the terms and conditions of these Terms of Use and through your use of any portion of the Services you are agreeing to bear the risks of and hold QWiPS harmless for any and all effects any such Function Changes and/or Variant Services Grants may have on you and your ability to use the Services or any portion thereof, in whole or in part.

Section 4. Use for Lawful Purposes Only

You may use the Services, in whole or in part, for lawful purposes only. You also agree to use the Services in accordance with the terms of our Acceptable Use Policy. Without limiting the generality of the foregoing, you may not use the Services, or any portion thereof, (i) to violate or infringe upon the rights of others in any way, (ii) to violate or facilitate the violation of any law or to encourage others to violate any law, (iii) to send or create unsolicited bulk communications, messages or QWiPS, (iv) to transmit, relay, or otherwise communicate vulgar, unlawful, obscene, profane, indecent or otherwise offensive or objectionable materials or information, as may be more specifically set forth in our Acceptable Use Policy, (v) to falsify your identity or impersonate another person; (vi) to engage in conduct that limits the use and enjoyment of the Services, or any part thereof, by other users in any way, as determined by QWiPS in its sole and absolute discretion.

Section 5. Restrictions on Use

You agree not to (1) reverse engineer, disassemble, alter, decompile, duplicate, create derivative works from, make copies of, extract information from, provide or distribute others with any portion of the Services, or any information available on, extracted or derived from the Services, or any part thereof; (2) connect, use, attempt to connect or use in any way the Services, for purposes other than your private, personal use in good faith and as explicitly offered on our website or those of our partners, including without limitation for any commercial purpose, such as, for instance, creating QWiPS that promote products or services for which you may be compensated, of any type or nature; (3) interfere, block, disable or otherwise affect any advertising, advertising element, advertisement banner window, links to other sites and services, or other features that constitute an integral part of the Services; and (4) incorporate, integrate or otherwise include any portion of the Services that is comprised of software into any software, program or product that communicates, accesses, or otherwise connects with the Services or any other Internet or online service. You further agree to abide by all laws and regulations in effect regarding your use of the Services. Finally, you may not authorize or assist any third party to do any of the things described in this section.

Section 6. Proprietary Rights

QWiPS owns all intellectual property in the Services, including without limitation, the proprietary software, servers, databases, components, and algorithms necessary to operate and provide the Services. Certain of the Services may at times link to or contain content made available from third parties not associated with QWiPS. Any such third party content is owned by such third party and may be subject to applicable copyright and other related intellectual property laws. QWiPS’ formatting of such content, including the selection of such available content, and its arrangement, enhancement and coordination is copyright protected by QWiPS. In all cases, these Terms of Use do not operate to grant you any rights to use any of QWiPS’ content or that owned by third parties which appears within, is available through, or is linked to from our Services. Without the express permission of QWiPS, you may not publish, display, transmit, modify, participate in the sale or transfer of, create derivative works from or in any way exploit the content or material of the Services or any portion of it, unless permitted expressly under applicable copyright laws. You are not permitted to store any portion of the content of the Services in a computer unless it is for personal and non-commercial use.

QWiPS and the QWiPS Logo and/or other QWiPS services and products referenced herein are or may be trademarks and/or service marks of QWiPS. Nothing in these Terms of Use grants you any license to use any trademark, service mark, names or logos of QWiPS. The names of other products and companies contained within our Services may be the trademarks or service marks of their respective owners.

If you believe that your work has been copied and is accessible on or through the Services in a way that constitutes copyright infringement, go to http://qwips.com/copyright for instructions on how to contact QWiPS.

Section 7. Posting Materials.

Unless you have the express consent of the proper owner of any materials that are copyrighted, trademarked or otherwise subject to a proprietary right you are not permitted to upload, post, or otherwise make such materials available on or though the Services. You are solely responsible for determining whether any materials you wish to upload, post or otherwise make available on or through the Services are subject to copyright, trademark or some other proprietary right. Additionally, you are solely liable for any damages that may arise as a result of any infringement of copyright, trademark or other proprietary right, or any other damages that result from materials that you upload, post or otherwise make available on or through the Services. QWiPS reserves the right in its sole and absolute discretion to promulgate such additional rules and policies which it deems necessary or appropriate to govern the posting or submission of materials on or through the Services.

Section 8. Privacy Policy

By using our Services, you authorize QWiPS to collect, use, store, and disclose your personal information that you provide to us in accordance with our then-current Privacy Policy, which is incorporated herein by reference and is generally available at http://qwips.com/privacy. Our Privacy Policy explains how QWiPS collects, uses, and discloses personal information in connection with your use of the Services, as well as the choices QWiPS gives you about such uses and disclosures. Your use of our Services, or any part thereof, constitutes your acknowledgement and agreement that any and all details you elect to post or submit on our Services, as well as those you provide in connection with your registration procedure or thereafter, are or may be made generally available and freely accessible to Internet users and the public in general, unless specifically stated to the contrary herein or in our Privacy Policy.

QWiPS is not responsible for any information, including without limitation, (i) any forms of interpersonal communications available on or through the Services, such as QWiPS, instant messages, chat rooms, or otherwise, (ii) any users’ personal data, and (iii) other user posted website materials, that is submitted on or through the Services or housed on the QWiPS servers. Additionally, QWiPS reserves the right in its sole and absolute discretion to delete, erase, remove, delay, jam or alter any or all of such information without prior notice and for any reason or no reason at all.

Section 9. User Generated Content.

QWiPS does not control, verify or endorse any information, materials or other user-generated content, including without limitation, sound, data, text, files, links, software, chat, content, music, photographs, graphics, images, video, communication, messages or other materials and terms of expression that is posted or submitted by its users on or through the Services (collectively, “User Generated Content”). Users of the Services are solely responsible for any and all User Generated Content they provide to or through the Services, and may be held legally liable or accountable for the contents of such User Generated Content. QWiPS reserves the right in its sole discretion and without obligation to monitor all User Generated Content to ensure conformity with the QWiPS Terms of Service and any other rules, policies or regulations as may be promulgated by QWiPS from time to time it sole discretion, as well as any applicable laws, rules and regulations of any government having proper jurisdiction over QWiPS. QWiPS reserves the right, in its sole and absolute discretion, to edit, delete, refuse to post, remove or otherwise alter, including truncation, any User Generated Content posted to or submitted on or through the Services for any reason, including without limitation (i) violating any portion of the QWiPS Terms of Service, (ii) violating any applicable law, (iii) protecting user privacy, (iv) avoiding spam or (v) as otherwise determined by QWiPS in its sole discretion. Nothing set forth above shall alter or diminish your responsibility with respect to your User Generated Content, as discussed herein. Furthermore, with respect to any conduct within the Services, you acknowledge and agree that QWiPS assumes no and shall have no liability for any action or failure to act on the part of QWiPS.

You hereby grant QWiPS an irrevocable, perpetual, worldwide, royalty free, license to use, recreate, broadcast, reproduce, edit, market, store, distribute, have distributed, publicly and privately display, communicate, publicly and privately perform, transmit, have transmitted, create derivative works based upon, and promote any User Generated Content (as such may be edited and modified by QWiPS in its discretion) that you submit, upload, post, send, to or through all or any portion of the Services, including without limitation both within the Services and such other products or services as QWiPS may designate in any medium now known or hereafter devised, for editorial, commercial, promotional and all other purposes.

You agree that QWiPS owns all right, title, and interest in any compilation, collective work or other derivative work created by QWiPS using or incorporating your User Generated Content, notwithstanding the fact that you retain ownership of all right, title, and interest in your User Generated Content itself. By submitting User Generated Content to or through the Services, you represent and warrant that (i) you have the right to grant any and all necessary licenses and rights provided herein, including without limitation, all necessary copyright and other related rights to the User Generated Content, free and clear of all claims and encumbrances without violating the rights of any person or entity, including any right to privacy or publicity, (ii) the User Generated Content does not and shall not infringe on any copyright or any other third party right nor violate any applicable law or regulation.

Furthermore, you acknowledge and agree that you are solely liable for any damage resulting from infringement of copyrights, proprietary rights or any other intellectual property rights, or any other harm or damage arising from your submission and QWiPS’ display of any of your User Generated Content and that QWiPS is specifically not liable for the foregoing. You hereby hold QWiPS harmless from and against any third party claim arising from use of your User Generated Content. You further understand, and thereby authorize, that your photograph and any other User Generated Content may be accessed, viewed, stored or reproduced by QWiPS and viewed by any of QWiPS’ members or other visitors to the QWiPS website. You waive any right to privacy. You waive any right to inspect or approve uses of the photograph or your User Generated Content or to be compensated for any such uses.

Section 10. Information Submission

BY USING OUR SERVICES, YOU AGREE THAT YOU WILL NOT SUBMIT ANY CONFIDENTIAL INFORMATION OR MATERIALS TO OR THROUGH THE SERVICES OFFERED BY QWiPS™. QWiPS™ CANNOT AND DOES NOT AGREE TO MAINTAIN ANY INFORMATION OR MATERIALS YOU SUBMIT TO OR THROUGH THE SERVICES AS CONFIDENTIAL. You represent and warrant that you have no rights of any kind to any information or materials that you submit to or through the Services. Furthermore, you hereby grant QWiPS an unrestricted, perpetual, irrevocable license to use, display, perform, reproduce, adapt, modify, transmit and distribute all information and materials that you submit to or through the Services in any and all media. Finally, to the extent you submit to QWiPS any ideas, concepts, know-how, techniques or other materials and/or information of any kind, you agree that we are free to use any and all of the foregoing without further permission or payment to you or any third party.

Section 11. Third Party Services.

Certain portions of our Services may contain features and functionality that may link to or be provided from a third party, including without limitation third party websites, databases, applications, software, programs, services, directories, servers, networks, and systems (collectively, “Third Party Services”). QWiPS provides these Third Party Services to you as a convenience only and QWiPS does not, in any way, control or manage such Third Party Services. As such, QWiPS is not responsible for the content, functionality, accuracy, truthfulness, or availability of such Third Party Services or any link contained therein. By making such Third Party Services available via the QWiPS Services, QWiPS is not endorsing or warranting such Third Party Services in any way. Furthermore, QWiPS does not endorse any product or service that may be offered on or through such Third Party Services or through advertising delivered on or through the Services. Under no circumstances shall the access to or availability of such Third Party Services give rise to any liability to anyone for any damage of whatever nature whatsoever.

Without limiting any of the foregoing, portions of the Services offered by QWiPS may contain functionality that allows for the sending, delivering or receiving of information between QWiPS users, as well as between QWiPS users and users of certain Third Party Services, which may be relayed or carried through networks, systems, servers, websites or applications (e.g. telephone and cellular networks, e-mail servers) that are not owned or controlled by QWiPS (“Third Party Networks”). QWiPS cannot and shall not in any way be responsible for the performance, availability, functionality, quality, or reliability of any of the Third Party Networks or the information sent, delivered, relayed, carried or received through any such Third Party Networks. Notwithstanding anything herein, QWiPS does not warrant or guarantee that the information sent, relayed, carried or delivered through Third Party Networks will reach its destination, or its correct address or recipient, or that the details of the recipient or sender are correct or accurate.

Section 12. Disclaimer of Warranties.

ALL OF THE SERVICES OF QWiPS™ ARE MADE AVAILABLE ON AN “AS IS, AS AVAILABLE” BASIS. QWiPS™ DOES HEREBY SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, NON INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES OFFERED BY QWIPS, INCLUDING WITHOUT LIMITATION, THE WEBSITES, THE SOFTWARE, AND/OR ANY INFORMATION DELIVERED, SENT, OR RECEIVED BY USERS ON OR THROUGH THE SERVICES, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION.

QWiPS™ DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE, AVAILABILITY, RELIABILITY OR THE RESULTS OF THE USE OF THE SERVICES, OR ANY PORTION THEREOF, THE ACCESSIBILITY TO THE SERVICES OR ANY PORTION THEREOF, OR THE INFORMATION PROVIDED IN THE VARIOUS QWIPS DATABASES, LISTINGS DATA, AND DIRECTORIES IN TERMS OF THE ACCURACY, VALIDITY, QUALITY, RELIABILITY, COMPLETENESS, STABILITY, CURRENTNESS, OR OTHERWISE OF THEIR CONTENTS OR PRODUCTS, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SERVICES, INCLUDING WITHOUT LIMITATION THE WEBSITES, THE SOFTWARE, AND ACCESS TO THE QWIPS SERVERS OR THE VARIOUS DATABASES, LISTINGS DATA, AND DIRECTORIES, IS ASSUMED AND BORNE BY YOU. QWIPS DOES NOT REPRESENT OR WARRANT TO THE ACCURACY, VALIDITY, RELIABILITY, CORRECTNESS, COMPLETENESS OR QUALITY OF ANY INFORMATION OF ANY NATURE INCLUDING WITHOUT LIMITATION USER’S DETAILS PUBLISHED ON OR THROUGH THE SERVICES.

QWiPS further does not warrant or guarantee that all versions of the Software comprising a portion of the Services shall be provided with similar grades and level of service, features, functionality and the ability to use the totality of the Services. Additionally, and without limiting the generality of the foregoing disclaimers in this Section 12, QWiPS does not warrant or guarantee (i) that any program or information will be free of infection by viruses, worms, Trojan horses or anything else that could result in the proliferation of menacing or destructive code or properties; (ii) that the information available on or through the QWiPS Services will not contain adult-oriented material, or material which some individuals may deem objectionable; (iii) that the Services provided by QWiPS and the functions or services performed by QWiPS will be uninterrupted or error-free; or (iv) that defects in the QWiPS Services will be corrected in a timely fashion or at all. You are solely responsible to isolate software and information, execute anti-contamination software and otherwise take steps to ensure that software or information, if contaminated or infected, will not damage your information or system.

Section 13. Limitation of Liability.

QWiPS™ WILL NOT, IN ANY EVENT, BE LIABLE TO ANY PARTY, INCLUDING YOU (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SERVICES PROVIDED BY QWIPS, INCLUDING WITHOUT LIMITATION THE WEBSITE, THE SOFTWARE, AND/OR ANY OF THE VARIOUS LISTINGS AND DIRECTORIES, REGARDLESS OF WHETHER QWIPS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; (ii) FOR ANY CLAIM ATTRIBUTABLE TO OMISSIONS, ERRORS, DELAYS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF ANY INFORMATION; (iii) FOR THE TRANSMISSION OR DELIVERY OF ALL OR ANY PART OF ANY INFORMATION, FOR ANY DAMAGE ARISING THEREFROM OR OCCASIONED THEREBY, OR FOR THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION; OR (iv) IF ANY INFORMATION INFECTS OR CONTAMINATES A USER’S SYSTEM OR INFORMATION. SINCE SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, QWIPS’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Without limiting the foregoing, in no event will QWiPS’ liability with respect to these Terms of Use or the Terms of Service in general exceed the greater of (i) the amount you paid (if you paid) to QWiPS for the Services, or (ii) the average monthly access fee paid by you to your telephone company or communication provider, solely and specifically for access to the Services. Furthermore, the entire risk as to the quality and performance of the Services, and the accuracy, adequacy, completeness, correctness, validity and quality thereof or of any other information is with the user.

Section 14. Indemnification.

You agree, as additional consideration for your use of the Services, to fully indemnify and hold harmless QWiPS and its officers, employees, agents, affiliates, partners, licensors, parents and subsidiaries from and against any demand or claim, including reasonable attorneys’ fees, made by any third party due to or arising out your use of the Services, your connection to the Services, your violations of the Terms of Service, any content you submit, post, transmit or otherwise make available through the Services, or your violation of any rights of another.

Section 15. Security and Privacy Limitations

By use of any of the Services, you acknowledge that you are aware (1) that data and information on the Services may be subject to forgery, eavesdropping, tampering, sniffing, spamming, spoofing, password cracking, harassment, fraud, electronic trespassing, hacking, nuking, system contamination including viruses, worms and Trojan horses causing unauthorized, damaging and/or harmful access to, or retrieval of, information and data on your computer; (2) of security and privacy limitations in the Services including without limitation the limitation of security, privacy and authentication measures and features; (3) that the security and privacy features available on the Services, are provided to you as a convenience only and may not operate according to their description or may not operate at all; (4) that information, data or messages may not reach their destination or may reach an erroneous address or recipient; and (5) that by activating certain features, you may provide third parties with certain limited remote access to certain files on your computer. Activating these features increases the risk that third parties will be able to tamper with your computer.

You acknowledge that, as with most Internet applications (e.g., e-mail), there are certain risks associated with accepting or downloading files from or through QWiPS. Such risks include but are not limited to (1) damage to your computer, (2) damage to any data or files stored on your computer, (3) QWiPS users viewing your IP address, and (4) files you share with other QWiPS users being redistributed and used without your knowledge.

Section 16. Paid Services.

The Services are provided to you free of charge, unless expressly stated otherwise by QWiPS. If any payments were made by you for any materials, equipment, products or services that bundle or offer any part of the Services, or for accessing the Services through any platform or network, you acknowledge, that such payments were made for the equipment, products, services or access so offered, and not for the actual Services offered by QWiPS. Any telephone or other communications charges incurred by you to access the Services are your responsibility. Since these charges are your responsibility, you should contact your telephone company or communication provider if you have a question about whether your access carries any charges from your location.

In some cases, QWiPS may offer use of or access to certain premium or subscription content or services on or through the Services for which a charge may apply (collectively, “Paid Services). Some Paid Services may require that you agree to additional terms and conditions, which will supplement these Terms of Use and the Terms of Service in general.

Section 17. European Users.

QWiPS users in the European Union, by using all or any portion of the Services, understand, acknowledge and agree to the processing of their personal information in the United States.

Section 18. Termination

QWiPS reserves the right to terminate, suspend, modify, remove, or otherwise alter (i) your account with QWiPS, (ii) the Services you are allowed to access, and (iii) all or any portion of any User Generated Content you may have added to the Services, in whole or in part. QWiPS is not obligated to provide you with any advance notice prior to taking any, some or all of the foregoing permissible actions.

Section 19. QWiPS Support

Use of the Services is at your own complete risk. QWiPS does not provide any assistance to its users, other than that which is posted on its website at QWiPS.com. QWiPS does not undertake nor is it obligated to provide you with any updates, upgrades, bug fixes, error corrections and/or enhancements to all or any portion of the Services, including without limitation, the Software.

Section 20. Rights and Remedies

Nothing contained in these Terms of Use are intended to confer upon any person not a party hereto any rights or remedies. Furthermore, you understand and agree that the QWiPS Terms of Service, including without limitation, QWiPS’ enforcement of such Terms of Service, are not intended to confer, nor do they confer, any rights or remedies upon any person other than QWiPS.

You acknowledge and agree that, in addition to any other legal remedies that may be available to it, QWiPS may seek and obtain injunctive relief against you in the event of a disclosure or misuse or threatened disclosure or misuse of any of the proprietary and/or confidential information of QWiPS contained in or accessible through use of the Services, the disclosure of which would give rise to irreparable injury to QWiPS, which could not adequately be compensated in damages.

Section 21. Notices.

You consent to receive any and all legally required communications, including notices, agreements, disclosures or other information in connection with any of the Services electronically from QWiPS (collectively, “Notices”). QWiPS may provide Notices to you regarding your use of the Services, including without limitation any notices with respect to violations of the Terms of Service, any updates to the Services or the Terms of Services, or any portions thereof, and promotional information, via (i) e-mail to an e-mail address provided by you, and/or (ii) by “pop up” notice, “System” notice, or any other form of notice, on any of the Services and/or by (iii) posting the Notices on a main page or other page of the relevant service. For more information please review the QWiPS Privacy Policy (available at http://qwips.com/privacy). You agree that certain supplemental or enhanced services, such as certain Paid Services, made available to QWiPS users may also have their own Notice procedures.

The delivery of any Notice from QWiPS is effective when sent by QWiPS, regardless of whether you read the communication when you receive it. You may withdraw your consent to receive Notices electronically by canceling or discontinuing your use of the Services. You will require a computer with Internet access and a Windows-based or a Macintosh-based operating system in order to access electronic communications. You can retrieve an electronic copy and a printable version of the Terms of Service at http://qwips.com/terms. You acknowledge that the various notes, notices and warnings available on the Services, are provided as a convenience only. The inclusion of such does not constitute an obligation on QWiPS to provide such notes, notices and warnings in other places or features of the QWiPS Services.

Section 22. Construction.

If any part of these Terms of Use are held invalid or unenforceable by a court of competent jurisdiction, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties hereto, and the remaining portions shall remain in full force and effect.

Section 23. Assignment.

QWiPS reserves the right, in its sole and absolute discretion, to transfer, assign, sublicense or pledge in any manner whatsoever, any of its rights and obligations under these Terms of Use to a subsidiary, affiliate, successor thereof or to any third party whatsoever, without notifying you or receiving your consent. You shall not transfer, assign, delegate, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms of Use.

Section 24. Amendments and Modifications.

QWiPS reserves the right, in its sole and absolute discretion, to change, alter, modify, amend or otherwise revise, from time to time, all or any portion of the Terms of Service, with or without a release of new Services, including without limitation new Software. Your continued use of the Services following the expiration of a thirty (30) day period after a notice of change to the Terms of Service has been provided in accordance Section 21 hereof will be deemed to be your consent to and agreement with any and all such changes, alterations, modification, and/or amendments and they will thereafter be deemed a part of the Terms of Service without further notice to you.

Section 25. Survival.

The provisions of these Terms of Use addressing usage restrictions, disclaimers of representations and warranties, intellectual property rights and obligations, indemnity obligations, Paid Services, and governing law shall survive the termination of these Terms of Use for any reason, your use of all or a portion of the Services and your use of or access to Paid Services.

Section 26. Governing Law

These Terms of Use and the Terms of Service, including any changes undertaken in accordance with Section 24 hereof, shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts-of-law rules. Notwithstanding the foregoing, your use of all or a portion of the Services may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with QWiPS or relating in any way to your use of the QWiPS Services resides in the courts of New York, County of New York, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of New York in connection with any such dispute including any claim involving QWiPS or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

Section 27. Export Control.

You agree to abide by U.S. and other applicable export control laws and not to export, re-export or otherwise transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a national destination prohibited under such laws or to any person to whom exports, re-exports or transfers are prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to QWiPS any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software.

Section 28. Headings.

The headings and captions used in these Terms of Use are inserted for convenience only and will not affect the meaning or interpretation of these Terms of Use.

Section 29. References to QWiPS.

Any reference made in these Terms of Use to “QWiPS” shall be deemed to have been made to Voice Portraits, Inc., a Delaware Corporation doing business as QWiPS, to its subsidiaries, successors, assignees, and affiliates, as well as any company that controls QWiPS, directly or indirectly, and any other subsidiary of that controlling company.

Section 30. Violations

If you believe there have been any violations of these Terms of Use or the Terms of Service in general, whether by you or another, you agree to report it to report@qwips.com as soon as possible.

Record test QWiP


Go!

How will my account information be used by QWiPS?

Get the QWiPS iPhone App!


Get the App

Qwip from
anywhere with
the free QWiPS
App

Following


{FOLLOWING}

Followers


{FOLLOWERS}