Terms of Use

Welcome to Quinnd

This document outlines our Terms of Use.  The Terms are a contract between you and Quinnd.  It sets out rights and responsibilities when using Services provided by Quinnd.com.  By using our Services or browsing our website you are agreeing to these Terms.

Quinnd’s Services connect you with people and their favorite products. These Terms outline the rules for you and others that use our Services.

Privacy

Your personal information is important. Our Privacy Policy details how your information is used when you use our Services.  You can read it here.

Your Account

You will create an account with Quinnd to use our Services. Here are the rules:

  1. You must be 18 or older to use our Services. Otherwise, you may only use our Services under the supervision of a parent or legal guardian.
  2. Provide accurate information about yourself. Do not use false information or impersonate another person or company through your account.
  3. Choose an appropriate username. A username that is offensive, vulgar, or infringes someone’s intellectual property rights violates the Terms.
  4. You are responsible for your account and any activity on your account. If you’re sharing an account then the person whose information is on the account is responsible for all activity. If you’re registering as a business, not for profit or charity, you personally guarantee that you have the authority to agree to the Terms on behalf of that entity. Accounts are not transferable.
  5. Protect your password. You are solely responsible for any activity on your account. It’s important to keep your account password secure.
  6. These Terms don’t create an agency, partnership, joint venture, employment or franchisee relationship between you and Quinnd.

Content

Content that you post using our Services is your content.  We don’t make claim to anything you post using our Services (like usernames, profile pictures, product photos, descriptions, reviews, comments, videos, etc.).

  1. You are solely responsible for your Content. You represent that you have all necessary rights to your Content and that you’re not infringing or violating any third party’s rights by posting it.
  2. By posting your Content through our Services, you grant Quinnd a license to use it. We don’t claim any ownership to your Content, but we have your permission to use it to help Quinnd function and grow.
  3. By posting your Content, you grant Quinnd a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of your Content to provide the Services and to promote Quinnd or the Services in general, in any formats and through any channels, including across any Quinnd Services or third-party website or advertising medium.
  4. Quinnd respects intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please contact us at info@quinnd.com
  5. There are certain types of content we don’t want posted on Quinnd’s Services. You agree that you will not post any Content that is abusive, threatening, defamatory, obscene, vulgar or otherwise offensive or in violation of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.

Use of Services

We grant you a limited, non-exclusive, non-transferable and revocable license to use our Services—subject to the Terms and the following restrictions in particular:

  1. You agree that you will not violate any laws in connection with your use of the Services. This includes local, state, federal and international laws that may apply to you. You may not commit fraud, theft or any other crimes against Quinnd, another Quinnd user or a third party.
  2. You agree not to “crawl,” “scrape,” or “spider” any page of the Services or to reverse engineer or attempt to obtain the source code of the Services.
  3. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.
  4. The names ‘Quinnd’ and the other Quinnd marks, phrases, logos and designs that we use in connection with our Services, are trademarks, service marks or trade dress of Quinnd in the U.S. and other countries.
  5. Any unsolicited ideas or other materials submitted to Quinnd (not including your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
  6. By using our Services, you’re agreeing to our Terms. We will send you updates to this information electronically where relevant.

Termination

You may terminate your account with Quinnd at any time from your account settings. Terminating your account will not affect the availability of some of your Content that you posted through the Services prior to termination.

We may terminate or suspend your account (and any related accounts) and your access to the Services at any time, for any reason, and without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services. Quinnd may refuse service to anyone, at any time, for any reason.

If you or Quinnd terminate your account, you may lose any information associated with your account, including your Content.

Quinnd reserves the right to change, suspend or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services. These Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.

Limitation of Liability

Quinnd does not inspect or vet any of the products, businesses, not for profits or charities that use our Services. Quinnd cannot and does not make any warranties about the quality or legality of the individuals or organisations that post Content. Any legal claim must be brought directly against the posting user. You release Quinnd from any claims related to our Services, including misrepresentations by organisations, defective products, or items that caused physical injury.

You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. Quinnd is not responsible for the accuracy, copyright compliance, legality or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.

You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users. Please exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person

Our Services may contain links to third-party websites or services that we don’control (for example, links to Facebook, Twitter and Pinterest). You may also need to use a third party’s product or service in order to use some of our Services (like a compatible mobile device). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. Quinnd is not a party to those agreements; they are solely between you and the third party.

Quinnd is dedicated to making our Services the best they can be. Our Services are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing or usage of trade.

We do not guarantee that: (i) the Services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) the Services will be free of viruses or other harmful materials; or (iv) the results of using the Services will meet your expectations. You use the Services solely at your own risk. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.

To the fullest extent permitted by law, neither Quinnd, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special or punitive damages arising out of or in connection with the Services or these Terms. In no event shall Quinnd’s aggregate liability for any damages exceed one hundred ($100) US Dollars. Some jurisdictions do not allow limitations on incidental or consequential damages, so the above limitations may not apply to you.

Indemnification

If Quinnd is sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend Quinnd (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms or your account’s infringement of someone else’s rights.

We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.

Disputes

If you have a dispute with another user of Quinnd’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.  Quinnd has no obligation to resolve disputes.  You release Quinnd from any claims, demands and damages arising out of disputes with other users or parties.

If you have a dispute with Quinnd let us know, and hopefully we can resolve your issue. If we can’t, the following rules will govern legal disputes involving our Services:

  1. The Terms are governed by the laws of the State of Florida and the laws of the United States of America. These laws will apply no matter where in the world you live.
  2. You and Quinnd agree that any dispute or claim arising from or relating to the Terms shall be finally settled by arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules then in effect (those rules are deemed to be incorporated by reference into this section). Arbitration will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis: class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and Quinnd are each waiving the right to trial by jury or to participate in a class action.Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator.
  3. We’re based in Sarasota, Florida, so legal action against Quinnd related to our Services must be filed and take place there. That means the seat of any arbitration shall be Sarasota. For any actions not subject to arbitration, you and Quinnd agree to submit to the personal jurisdiction of a state court located in Sarasota County, Florida. If you are a government agent or entity in the United States using the Services in your official capacity, and you are legally unable to agree to the clauses in this section, then those clauses do not apply to you. In that case, the Terms and any action related to the Terms will be governed by the laws of the United States (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Florida.

Changes

These Terms may be updated from time to time. If the changes are material, we will send you an email and you can decide whether you want to continue using the Services. Changes will be effective upon posting. You are responsible for reviewing the changes and use of the Services following the changes constitutes acceptance of the updated Terms.

The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and Quinnd regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.

Contact

If you have any questions about our Terms, please email us at: info@quinnd.com.

Last updated on May 11, 2017