QWiPS™ Acceptible Use Policy

QWiPS (“QWiPS”) makes its Services (as defined below) available to you subject to this Acceptable Use Policy (this “Policy”), as well as its Privacy Policy and, as applicable to the Services used and/or accessed, its End User License Agreement and/or its Terms of Use, along with such other notices regarding usage that may be promulgated from time to time by QWiPS in its sole and absolute discretion, all of which are available at www.qwips.com/policies/ and are collectively referred to hereinafter as the QWiPS “Terms of Service.” For purposes of this Policy, “Services” means any and all of our websites, including www.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. Capitalized terms not defined herein will have the meanings ascribed to them elsewhere in the Terms of Service.

This Policy has been promulgated to enhance the ability of our Services to promote communication and freedom of expression by you and other users of our Services. By requiring all of our users to abide by applicable legal and generally accepted moral standards, QWiPS believes it can create a robust environment for the exchange of ideas, thoughts, and communication generally. As such, if you violate this Policy, QWiPS reserves the right in its sole and absolute discretion to terminate, suspend, modify, remove, or otherwise alter (i) your account with QWiPS, (ii) the Services you are allowed to access, and/or (iii) all or any portion of any User Generated Content you may have added to the Services, in whole or in part, all without any notice to you whatsoever.

Any one or more of the following constitute a violation of this Policy:
  1. Illegal Use – The use of the Services to disseminate any material that violates any applicable, local, state, federal/national or international law, or any rule or regulation that has been promulgated thereunder, regardless of the manner of dissemination (i.e., a Qwip, instant message, etc…).

  2. Threats – The use of the Services to disseminate any materials that encourages, threatens, or otherwise promotes causing bodily harm or destruction of property, regardless of the manner of dissemination.

  3. Harassment – The use of the Services to harass another by any means, including without limitation, disseminating harassing materials about another through the Services by any means.

  4. Harm to Minors – The use of the Service to harm or to attempt to harm or that depicts harm to any minor in any way whatsoever.

  5. Fraud – The use of the Services to make, promote, participate in and/or proliferate fraudulent scams or schemes, financial or otherwise, such as “phishing,” “pyramid schemes,” “chain letters” and/or “Ponzi schemes,” or to make fraudulent offers of any kind or nature, including to buy or sell products or services or to try and gain access to information.

  6. Intellectual Property Right Infringement – The use of the Services to transmit any material (by QWiPS, instant messaging or otherwise) that infringes any trademark, copyright, patent, trade secret, or other propriety rights of any third party, including without limitation the unauthorized copying, distribution and/or dissemination of copyrighted material, including audio recordings, writings, pictures, photographs and copyrighted software.

  7. Impersonation or Misrepresentation– The use of the Services to represent yourself as someone else or to represent yourself as involved in an organization you are not a duly authorized representative of (i.e., “phishing”) or to knowingly present other users of the Services with websites that are engaged in any of the foregoing, including by communicating by Qwip a webpage that appears to be from a legitimate enterprise to a user.

  8. Unsolicited Contact – The use of the Services to send or to facilitate the sending of unsolicited communications of a commercial nature or unsolicited bulk communications, messages or QWiPS in any manner. A message is unsolicited if it is sent to a recipient who has not requested or invited the message. A bulk communication is a communication of a Qwip or message in quantities exceeding reasonable personal use. For purposes of clarity, a user’s posting of his or her email address in a manner accessible to the public does not constitute a request or invitation to receive messages.

  9. Unauthorized collection of personal data – The use of the Services to collect or attempt to collect personal information about another user or any third party without their express consent and knowledge.

  10. Unauthorized Access – The use of the Services to access, or attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of QWiPS’ or any other entity’s computer software or hardware, electronic communications system, or telecommunications system, regardless of whether or not any such intrusion results in any harm of any kind or nature.

  11. System Overload – The use of the Services in such a way as to adversely impact their use by other users, for instance by means of denial of service attacks, load testing, or other methods designed to slow or stop any user’s ability to access the Services.

  12. Social Standards – The use of the Services to transmit or post any information that does not meet with accepted community standards, etiquette and social norms given the portion of the Services being utilized and the likely or intended audience of that portion of the Services, including without limitation any information that is racist, pornographic, sexually discriminating, abusive or hateful based on race, creed, sexual orientation, age or race.

  13. Use By Children Under 13 – The use of the Services by a child under the age of 13 years old. It is QWiPS’ policy that if QWiPS is made aware, through reliable means, that a registered user of any of our Services is a child under the age of 13 years old, QWiPS will cancel that user’s account.

  14. Password Sharing – The sharing or revealing of your password, if any, or allowing others to use the Services or any portion thereof by accessing such Services through your password, if any, except for other authorized users in your household.

Nothing in this Policy is intended to indicate that QWiPS does, or has an obligation to, actively monitor the use of the Services by its users or exercise any editorial control over its users’ use of, transmission through or submission to all or any portion of the Services. In fact, QWiPS is expressly acknowledging hereby that it has no practical ability to so police the use of the Services at all times to ensure compliance with this Policy and the Terms of Service. As such, QWiPS does not assume any liability to users or others for any failure to enforce the terms of this Policy. However, QWiPS reserves the right to take any and all actions it deems necessary or appropriate to cause there to be full compliance with this Policy and the Terms of Service in general, including without limitation the removal of any materials, transmissions or postings whatsoever.

By using the Services to post any User Generated Content, you agree that you are surrendering any copyright and any other proprietary right you might have to such materials or information. Furthermore, you acknowledge and agree that QWiPS is entitled to use any such materials or information in any manner it deems appropriate, including without limitation publication, distribution and broadcast, without further obligation to you whatsoever.

QWiPS does not accept any responsibility or liability with respect to the validity, accuracy, quality, adequacy, completeness, and/or usefulness of any of the information and materials posted to, transmitted through or made available on the Services. You further accept and agree that QWiPS is not responsible, and shall have no liability to you or anyone else, for any material posted by others, including any materials that are contrary to the terms of this Policy, and that the risk of damage from such material rests entirely with you. Further, you agree to indemnify 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 this Policy or any of our Terms of Service, any content you submit, post, transmit or otherwise make available through the Services, or your violation of any rights of another.

If any part of this Agreement is 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.

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 this Policy, as well as all or any portion of any of the other documents comprising the Terms of Service. Your continued use of the Services following the expiration of the thirty (30) day period after a notice of change to this Policy or any portion of the Terms of Service has been provided 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 this Policy or thee Terms of Service, as appropriate, without further notice to you.

In the event of a contradiction between any provision in the QWiPS End User License Agreement or the QWiPS Terms of Use and this Policy, the applicable provision of the End User License Agreement or Terms of Use shall prevail, unless this Policy provides for a narrower responsibility for QWiPS, in which case this Policy will prevail.

This Policy and the Terms of Service, including any changes undertaken in accordance with the provisions hereof or thereof, 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.

Any reference made in this Agreement to “QWiPS” shall be deemed to have been made to Voice Portraits, Inc. doing business as QWiPS, 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.

If you believe there have been any violations of this Policy 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.

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