2. VQuick Service
3. VQuick Access
In order to access and use the features of the Service, you acknowledge and agree that you will have to provide VQUICK with your mobile phone number. You expressly acknowledge and agree that in order to provide the Service, VQUICK may periodically access your contact list and/or address book on your mobile device to find and keep track of mobile phone numbers of other users of the Service.
If you allow VQUICK to synchronize your phone book contacts, VQUICK will periodically access your phone contact list to identify the mobile phone numbers and names of other VQUICK users (“in network” numbers) and notify you of any of your contacts that are also using VQUICK, or otherwise categorize other mobile phone numbers as “out of VQUICK network” numbers for the purpose of notifying you if and when a contact begins using VQUICK, which are stored as one-way irreversibly hashed values.
Although we do not require names, addresses or email addresses, if provided at user’s option, we will retain such information. You are solely responsible for the messages that you submit and that are displayed on the VQUICK Service. You must notify VQUICK immediately of any breach of security or unauthorized use of your mobile phone. Although VQUICK will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of VQUICK or others due to such unauthorized use.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc. or "load testers" such as wget, apache bench, mswebstress, httpload, blitz, Xcode Automator, Android Monkey, etc., that accesses the Service in a manner that sends more request messages to the VQUICK servers in a given period of time than a human can reasonably produce in the same period by using a VQUICK application, and you are forbidden from ripping the content unless specifically allowed. Notwithstanding the foregoing, VQUICK grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. VQUICK reserves the right to revoke these exceptions either generally or in specific cases. While we don't disallow the use of sniffers such as Ethereal, tcpdump or HTTPWatch in general, we do disallow any efforts to reverse-engineer our system, our protocols, or explore outside the boundaries of the normal requests made by VQUICK clients. We have to disallow using request modification tools such as fiddler or whisker, or the like or any other such tools activities that are meant to explore or harm, penetrate or test the site. You must secure our permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain. You agree not to collect or harvest any personally identifiable information, including phone number, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation or spam purposes. You agree not to spam, or solicit for commercial purposes, any users of the Service.
4. Intellectual Property Rights / Sharing Your Content and Information
The design of the VQUICK Service along with VQUICK-created text, scripts, graphics, interactive features and the like, except Status Submissions (as defined below), and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to VQUICK, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Service is provided to you AS IS for your information and personal use only. VQUICK reserves all rights not expressly granted in and to the Service. You agree to not engage in the use, copying, or distribution of any of the Service other than expressly permitted herein, including any use, copying, or distribution of Status Submissions of third parties obtained through the Service for any commercial purposes. You own all of the content and information you post on VQUICK, and you can control how it is shared. In addition:
For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with VQUICK (IP License) for commercial purposes, including without limitation the right to use any such content in VQUICK marketing materials, advertisements, demonstrations, exhibitions, compilations, and any other medium or form.
5. Film Contest Rules
VQuick Contests are not sweepstakes. They are most-liked videos by votes. These are not lotteries or raffles where winners are picked randomly or by chance. Videos gather “likes” by the viewers. The video contests do not involve gambling, as no money or any other form of entry fee is required in order to submit your video for others to vote on.
VQuick is the sponsor of all the video contests.
Following are the rules governing the VQuick Film Contest:
There is no entry fee to participate in the VQuick Contest.
There is also no guarantee that you will receive any reward, monetary or otherwise. If there is any prize, it will be included in the initial announcement for the particular contest.
VQuick may publish from time to time any special prizes or awards for specific contest campaigns. Please check these pages for more up-to-date details.
Any video or audio you have inserted or included in your movie/film must be lawfully yours. By posting content, you represent that you have either created or received such material lawfully with rights to show or share it with other viewers.
Submitting a film to the VQuick Contest will enable other users to view and vote on it.
Each contest will include a deadline for submission and a deadline for voting.
Winners will be announced based on the top vote-getter(s), and any prize that may be awarded will be sent to the winning user(s) after email communications between that user and VQuick for the purpose of determining how and where the prize should be sent.
VQuick has a real-time Leaderboard that tells users how many votes each entry has received at any point in time. Winning entries and other top vote-getters from past contests will be available in the “Hall of Fame”.
Apple is not a sponsor of the VQuick Mobile Short Film Contest and is not involved in any way with the VQuick Mobile Short Film Contest.
6. Objectionable Content / Acceptable and Unacceptable Content for Film Contest
VQUICK will not tolerate objectionable content in films or video clips shared with other users or submitted to the Mobile Short Film Contest, and will not tolerate objectionable content in any chat messages. One of VQUICK's great features is the Mobile Short Film Contest. For any films submitted to the VQUICK Mobile Short Film Contest, the following content is considered unacceptable, and films containing such content will be removed from the Contest so that other VQUICK users will not be able to view or vote on such films:
Prolonged graphic or sadistic realistic violence
Medical treatment information or depiction
Graphic sexual content and nudity
Although it is impossible to have a distinct dividing line separating what is acceptable and unacceptable content in VQUICK Contest films, we suggest that you be guided by the standards used in U.S. movie ratings: G, PG and PG-13 will almost always be acceptable; R will be acceptable or not acceptable depending on the content; NC-17 will almost always be unacceptable and will be removed. Although submission of unacceptable content will not necessarily automatically result in cancellation of your VQUICK account, we reserve the right to cancel any accounts of users who, in our judgment, are abusing these standards.
7. Linking to Materials on Service
VQUICK permits you to link to materials on the Service for personal purposes only. VQUICK reserves the right to discontinue any aspect of the VQUICK Service at any time.
8. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE VQUICK SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, VQUICK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. VQUICK MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE'S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE VQUICK SERVICE. VQUICK DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE VQUICK SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY USER STATUS SUBMISSION OR OTHER ADVERTISING, AND VQUICK WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. AND AGAIN, USE THIS JUST FOR FUN.
9. Limitation of Liability
YOU SPECIFICALLY ACKNOWLEDGE THAT VQUICK SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Service is controlled and offered by VQUICK from its facilities in the United States of America. VQUICK makes no representations that the VQUICK Service is appropriate or available for use in other locations. Those who access or use the VQUICK Service from other jurisdictions do so of their own volition and are responsible for compliance with local law.
14. Arbitration Agreement; Class Waiver; Waiver of Trial by Jury
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH VQUICK, AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
Applicability of Arbitration Agreement. All claims and disputes in connection with the Terms or the use of any product or service provided by VQUICK that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms set forth below (the “Arbitration Agreement”), except that you and VQUICK are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. This Arbitration Agreement applies to you and VQUICK, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules conflict with the Terms (“Arbitration Rules”). The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than ten thousand U.S. dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is ten thousand U.S. dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Additional Rules for Non-appearance Based Arbitration. If non-appearance arbitration is elected as provided above, the arbitration shall be conducted by telephone, online, and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
Authority of the Arbitrator. The arbitrator will decide the rights and liabilities, if any, of you and VQUICK, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and VQUICK.
Waiver of Jury Trial. YOU AND VQUICK HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and VQUICK in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND VQUICK WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Notwithstanding any other provision in these Terms, in the event that this subparagraph is deemed invalid or unenforceable, neither you nor we are entitled to arbitration and instead all claims and disputes shall be resolved in a court located in California.
Confidentiality. No part of the procedures shall be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order or unless required by law. Notwithstanding the foregoing, no party shall be prevented from submitting to a court of law any information necessary to enforce this Arbitration Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
Small Claims Court. Notwithstanding the foregoing, either you or VQUICK may bring an individual action in small claims court.
Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts of California, for such purpose.
Survival. This Arbitration Agreement will survive the termination of your relationship with VQUICK.
Non-Arbitrable Matters. f any dispute between you and VQUICK is, for any reason, determined not to be required to be arbitrated under the terms in this section, any court proceedings will occur in state or federal court in California. You and VQUICK agree that the jurisdiction and venue of these courts is exclusive for any matters that must be decided in court instead of through arbitration.
15. Entire Agreement