pageQlip Terms of Service
pageQlip Corporation (“pageQlip Corporation”, “we”, “us” and terms of similar meaning) provide the pageQlip products, application, software, website and services (“pageQlip”) to you, subject to these terms of service (these “Terms”).
Please read these Terms carefully before using pageQlip. By creating a User Account (defined below), downloading, or using pageQlip on any platform or device, you agree to be legally bound by these Terms, and all policies, statements and guidelines incorporated by reference in these Terms. If you do not agree to be bound by these Terms, then do not use pageQlip.
1. What is pageQlip?
Using pageQlip is comparable to using scissors to cut out an article or advertisement from a magazine or newspaper to read and use, when and where you want.
pageQlip is meant to provide users an opportunity to clip (or as we like to say “qlip”) information, including articles, text, images, videos, e-mails, webpages or advertisements (“Content”), so you can view, read, create alerts and reminders to view or interact with Content, or share your information with your friends and family when it is convenient for you.
pageQlip is provided solely for your personal, non-commercial use. The Content saved through pageQlip may be subject to copyright and other laws. Please refer to the website of the Content owner for copyright notices, information and restrictions that may be applicable to the Content. By using pageQlip you agree not to use pageQlip to infringe any intellectual property rights of others. We reserve the right, at any time, in our sole discretion, with or without notice, to terminate the accounts of, and block access to pageQlip to, any users who infringe any copyrights or other intellectual property rights.
2. Using pageQlip
To use the pageQlip services, you must create and use a pageQlip user account (“User Account”) in accordance with the terms of the User Account Policy. To create a User Account, you must: (a) be at least thirteen (13) years old; (b) complete the registration process by providing complete, accurate, and up to date Personal Information (“Registration Data”); (c) maintain and promptly update the Registration Data, and any other information you provide; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide. You are responsible for all activity on your User Account.
If you choose to send us any message, feedback or data, including, but not limited to, any ideas, comments, suggestions or questions regarding any product or service, such information shall be deemed to be non-confidential. We shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation. Further, we shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever.
The services that pageQlip provides may change or evolve over time. We reserve the right, at our sole discretion, to change or discontinue the pageQlip services, products, software or support. We also reserve the right to establish limits to the nature or size of storage available to your User Account, the number of transmissions, the nature or size of any index or library information, the nature of, or your continued ability to access or distribute Content and other data, and impose other limitations at any time, with or without notice.
3. Children Over the Age of 13 but Under the Age of 18
If you are under 13, you may not use pageQlip. If you are 13 or older but under the age of 18, you should review these Terms with your parent or guardian to make sure that you and your parent or guardian understand and agree to it prior to using pageQlip.
4. License Grant
Subject to these Terms, we grant you a limited, non-exclusive, personal, non-commercial, non-transferable, non-assignable, worldwide, right and licence to install and use pageQlip and the pageQlip software and application (“pageQlip Software”). Nothing contained herein shall be construed as conferring any license or other grant of right to use any patent, copyright, trade-mark, service mark, trade secret or other intellectual property right except as expressly provided herein.
5. License Restrictions
Your access to pageQlip is subject to these Terms and all applicable laws and regulations. Except to the extent contrary by applicable law, you may not:
(a) alter, merge, adapt or translate the pageQlip Software, or decompile, reverse engineer, disassemble, or otherwise reduce the pageQlip Software to a human-perceivable form;
(b) incorporate pageQlip or any portion thereof into any other program or product;
(c) market, rent, lease, or sublicense the pageQlip Software;
(d) modify the pageQlip Software or create derivative works based upon the pageQlip Software;
(e) use the pageQlip Software to develop any software, application or service having the same primary function as the pageQlip Software;
(f) use pageQlip Software to upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or device;
(g) disrupt our website or any networks connected to pageQlip, or bypass any measures we may use to prevent or restrict access to pageQlip;
(h) access, tamper with, probe, scan, test, or exploit pageQlip software or computer systems in any unauthorized way whatsoever, including, but not limited to, by trespass, overloading, spamming, or burdening network capacity;
(i) exploit pageQlip in any unauthorized way whatsoever, including, but not limited to (i) by trespass or burdening network capacity; (ii) using a robot, spider, scraper or other automated means to access our website or proprietary work for any purpose; (iii) collect personal information about other users of pageQlip; or (iv) share any Content with an unreasonably large number of persons for the purposes of spamming or otherwise;
(j) use pageQlip to collect or harvest personal information about other users of pageQlip;
(k) incorporate pageQlip or any portion thereof into any other program or product without prior written approval;
(l) use pageQlip for illegal purposes; or
(m) use pageQlip for any purpose other than in accordance with these Terms.
In the event that you fail to comply with these Terms, we reserve the right to terminate your User Account, limit access to pageQlip or terminate your license.
The foregoing grant of rights gives you a limited license to use pageQlip. Except as expressly provided in this Agreement, we retain all right, title and interest, including all copyright and intellectual property rights, in and to, pageQlip and the pageQlip Software (as independent works and as underlying works serving as a basis for any improvements, modifications, derivative works, and applications you may develop), including any modification, error correction, bug, fix, new release, upgrade, patch or other update to or for pageQlip. You agree to take any action reasonably requested by us to evidence, maintain, enforce or defend the foregoing.
8. Password and Security
In accordance with Section 2 of these Terms, you are responsible for (a) maintaining the accuracy of your User Account information; (b) safeguarding the password that you use to access pageQlip; and (c) for any activities or actions under your account. We encourage you to use “strong” passwords with your account (passwords that use a combination of upper and lower case letters, numbers and symbols). pageQlip cannot and will not be liable for any loss or damage arising from your failure to comply with the above. You agree to immediately notify pageQlip of any unauthorized use of your account.
pageQlip endeavours to maintain the highest standards of security and privacy of user accounts and data, and uses industry standard methods to secure its services. That said, pageQlip acknowledges it may be subject to a security breach and we will advise you immediately via the e-mail address you provide on your User Account in such an occurrence.
In addition, and as part of these Terms you acknowledge the possibility that a malicious breach may compromise the security of your account, loss of data or Content, and possibly a breach of confidential personally identifiable information and to hold pageQlip harmless for such an occurrence.
9. Copyright Infringement and Content Disclaimer
The Content made available on third-party websites and accessed through pageQlip may be protected by copyright and other applicable laws. Please refer to the website you were visiting when you saved such Content for copyright notices, information and restrictions that may be applicable to such Content. You represent and agree that pageQlip will be used solely for your personal non-commercial use with respect to Content of websites that you have the lawful right to access, and that pageQlip will not be used in violation of the restrictions posted on the website where such content was published. By posting or qlipping any Content, you represent that doing so does not infringe any third party’s copyrights, trade-marks, privacy rights or other intellectual property or legal rights of any kind.
If notified that any user has posted, shared or saved any information or materials which allegedly do not conform to these Terms, we may in our sole discretion investigate the allegation and determine whether to take any other actions, including, but not limited to, whether to remove or request the removal of the information or materials posted, shared or saved by a user. We also reserve the right to terminate the User Account of any user who transfers or saves Content in violation of these Terms. We shall have no liability or responsibility to users for performance or non-performance of such activities. You may be subject to civil and criminal penalties, including without limitation monetary damages, if you violate these Terms or infringe any third party’s legal rights.
pageQlip does not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the services. You understand and agree that by using pageQlip, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabelled or are otherwise deceptive. In addition, you understand and agree that due to technological limitations and publisher limitations or restrictions, pageQlip may not be able to provide, display or save all Content.
If you believe that your copyrighted work or trade-mark has been infringed or require users to be prevented from qlipping Content from your site, please contact us and provide all information relevant to any claim of copyright or trade-mark infringement by e-mailing [email protected].
10. Advertising And Marketing Campaigns
You agree that pageQlip and its third party providers and partners may display advertising on the services or in connection with the display of Content or information from the services whether submitted by you or others. The advertisements may be targeted to the Content or information on the services, queries made through the services or other information. The type and extent of advertising through pageQlip are subject to change without notice. pageQlip shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any advertisements or other messages. Furthermore, your interactions with advertisers found on or through the service, including, without limitation, all reliance upon advertising, all commercial transactions and legal obligations associated therewith, are solely between you and such advertisers.
11. Third Party Software
pageQlip may contain third party or open source software (“Third Party Software”), which may be subject to third party licenses and require notices and/or additional terms and conditions (“Third Party Licenses”). These Third Party Licenses are located at www.pageQlip.com/licences and are made a part of and incorporated by reference into these Terms. By accepting these Terms you are also accepting the Third Party Licenses, if any, set forth therein.
12. Disclaimer of Warranties
PAGEQLIP (INCLUDING, WITHOUT LIMITATION, OUR APPLICATION, SOFTWARE, PRODUCTS, SERVICES AND WEBSITE) ARE PROVIDED “AS IS”. WE EXPLICITLY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, ACCURACY, ADEQUACY, SUITABILITY, FUNCTIONALITY, AVAILABILITY, TIMELINESS, SECURITY, RELIABILITY OR OPERATION OF PAGEQLIP OR THE CONTENT. THERE IS NO WARRANTY OF NON-INFRINGEMENT AND TITLE OR QUIET ENJOYMENT. WE DO NOT WARRANT THAT THE PAGEQLIP SOFTWARE IS ERROR-FREE, VIRUS-FREE OR WILL OPERATE WITHOUT INTERRUPTION OR CAUSE ANY HARM TO YOUR COMPUTER SYSTEM, DEVICE OR DATA. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS BORNE BY YOU. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU, IN ADDITION, YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY DEPENDING ON YOUR JURISDICTION.
13. Limitation of Liability
There are inherent risks in relying upon, using, interacting with, or retrieving any information found on the Internet, and we urge you to make sure you understand these risks before using pageQlip or any Content submitted through the services.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PAGEQLIP CORPORATION, ANY OF ITS PARENTS, SUBSIDIARIES OR AFFILIATES, ANY OF THEIR EMPLOYEES, OFFICERS OR DIRECTORS (COLLECTIVELY, THE “PAGEQLIP ENTITIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR INFORMATION OF ANY KIND, LOSS OF BUSINESS, LOST PROFITS, INTERRUPTION OF BUSINESS, COST OF COVER, GOODWILL OR ANY OTHER DAMAGES), ARISING OUT OF (A) THE USE OF, OR INABILITY TO USE PAGEQLIP, (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF OTHER USERS OR THIRD PARTIES), (C) ANY CONTENT OBTAINED FROM PAGEQLIP, OR (D) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OF THE CONTENT, WHETHER BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE PAGEQLIP ENTITIES EXCEED THE GREATER OF ONE HUNDRED CANADIAN DOLLARS (CDN $100.00) OR THE AMOUNT YOU PAID PAGEQLIP, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
You agree, at your own expense, to indemnify, defend and hold harmless the pageQlip Entities from and against any judgments, losses, deficiencies, damages, liabilities, costs, claims, demands, suits, and expenses (including, without limitation, reasonable legal fees, expert witness fees and expenses) incurred in, arising out of or in any way related to your breach of these Terms, your use of pageQlip, or any of your other acts or omissions.
The Terms will continue to apply until terminated by either you or pageQlip. You may end your legal agreement with pageQlip at any time for any reason by deleting the application, terminating your account, and discontinuing your use of the services in accordance with the User Account Policy. If you stop using the services without terminating your account, your account may be terminated due to prolonged inactivity under our User Account Policy.
We may suspend or terminate your User Account, terminate your license to use pageQlip, or cease providing you with access to pageQlip at any time for any reason, including, but not limited to, if we reasonably believe (a) you have violated these Terms or the User Account Policy; (b) you create risk or possible legal exposure for us; or (c) our provision of pageQlip to you is no longer commercially viable.
We will make reasonable efforts to notify you by the email address associated with your User Account or the next time you attempt to access your account if any the above measures are applicable. In all cases where we suspend or terminate your license to use pageQlip, sections 9, 12, 13, 14 and 16 shall survive.
(a) Entire Agreement and Revisions to these Terms. These Terms and the documentation incorporated by reference constitute the entire agreement between the parties concerning the subject-matter hereof.
PageQlip may update these Terms from time to time. We may amend these Terms at any time by posting the amended terms on our website or through the options or help menu of pageQlip. The amended terms shall automatically be effective thirty (30) days after they are initially posted on the website. If we make any material changes to the Terms that affect your User Account, we will post a prominent notice on our website or send you an e-mail to notify you how our Terms have been changed. Your continued use of pageQlip after the end of such thirty (30) day notice period will be deemed to be acceptance of the revised Terms.
(b) Governing Law and Jurisdiction. Except to the extent applicable law, if any, provides otherwise, these Terms shall be governed by the laws of Ontario, excluding its conflict of law provisions. All claims, legal proceedings or litigation arising in connection with the services will be brought solely in the federal or provincial courts located in Ontario, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
(c) Waiver. A waiver by either party of any term or condition of these Terms or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof.
(d) Assignment. These Terms may not be assigned, in whole or part, whether voluntarily, by operation of law or otherwise, by you without our prior written consent. Subject to the preceding sentence, the rights and liabilities hereto are binding on, and shall inure to the benefit of, the parties and their respective successors and assigns. Any attempted assignment other than in accordance with this section shall be null and void.
(e) Force Majeure. We shall not be responsible or have any liability for any delay or failure to perform to the extent due to unforeseen circumstances or causes beyond our reasonable control, including, without limitation, acts of God, earthquake, fire, flood embargoes, labour disputes and strikes, riots, war, novelty of product manufacture or other unanticipated product development problems, and acts of civil and military authorities.
(f) Severability. If the application of any provision of these Terms to any particular facts or circumstances shall be held to be invalid or unenforceable, the validity or enforceability of such provision as applied to any other particular facts or circumstances and the validity of other provisions of these Terms shall not in any way be affected or impaired thereby.
(g) Relationship of Parties. Nothing contained in these Terms shall be deemed or construed as creating a joint venture, partnership, agency, employment or fiduciary relationship between the parties. The relationship between the parties is that of independent contractors. Neither party nor their agents have any authority of any kind to bind the other in any way.
(h) French language. The parties confirm their express wish that this Agreement and all documents relating thereto be drawn up in English only, but without prejudice to any such documents or instruments which may from time to time be drawn up in French only, or in both French and English. Les parties aux présentes confirment leur volonté que le présent contrat de même que tous autres documents s’y rapportant soient rédigés en anglais seulement, mais sans préjudice cependant à tous tels documents qui pourront à l’occasion être rédigés en français seulement ou à la fois en français et en anglais.
These services are operated and provided by pageQlip Corporation, headquartered in Ontario, Canada. If you have any questions about these Terms, please contact us.
Effective: September 01, 2013.
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