Policies

Terms and Conditions | Privacy Policy | DMCA Policy

 

Terms and Conditions –

www.Quiksnip.com

 

Latest Revision: November 7th, 2014

 

PLEASE READ CAREFULLY.

These Terms and Conditions (hereinafter called “Terms”) are effective as of the date on which the user accepts the agreement, hereinafter referred to as (the “Effective Date”) between User, hereinafter referred to as (“User”), and Quiksnip hereinafter referred to as (the “Company”).  By accessing our features through the “Account” User opened on this website at registration, User agrees to be bound by these Terms and all applicable laws and regulations, and is responsible for compliance with any applicable local laws.

  1. GENERAL TERMS

The Company provides its Service to the User under these General Terms

  1. User represents and acknowledges that they have read the Terms, and agree to honor these Terms, and that the information the User provides the Company is accurate, complete, and is within the User’s right to use.
  2. If User is entering into these Terms on behalf of a Company or another legal entity, User represent that User have the authority to bind such entity and its affiliates to these Terms, in which case the terms “User,” shall refer to such entity and its affiliates.
  3. These Terms constitute a binding contract between User and the Company, and User acknowledges that these Terms govern the User’s use of the Company.
  4. The Company may Change the Terms or remove portions of the Agreement at any time, User should check our Privacy from time to time for any new updates. Your use of the Service will indicate your acceptance of such changes.
  5. The use of the site is free but the ability to use the services includes a monthly pricing plan. For fees please go tohttp://quiksnip.com/pricing

 

  1. Services

(a) Quiksnip will provide our services to the customer in accordance with the terms of the order placed.

(b) Subject to sub-clause (c) below, Quiksnip will exhaust reasonable efforts to provide our services to the customer in accordance with the delivery dates agreed by each party. The customer accepts there may be some factors outside of Quiksnip’s control which may affect delivery dates.

(c) Quiksnip will have no liability whatsoever to the Customer if Quiksnip fails to provide any element of services by the agreed and/or relevant due date.

(d) The Customer acknowledges that:

(i) Quiksnip will deliver the materials to the customer; and

(ii) other than as referred to in sub-paragraph (i) above, Quiksnip has the rights to publish or distribute the materials, unless informed by the customer otherwise.

 

  1. Fees and Payments

 

The customer must pay to Quiksnip the fee in accordance with the payment schedule agreed upon.

  1. Tally of payment is determined by Quiksnip and can otherwise be adjusted without prior notice.
  2. Customer should check website for current promotions and Terms.
  3. Any work done exclusively for Quiksnip that is completed before the start date or after the closing dates mentioned are not subject to the promotions benefits.
  4. Customer must list the 3rd party under the referral section or contact Quiksnip to acknowledge the party of the referral to Quiksnip’s services.
  5. If the customer fails to list the 3rd party, the terms of the 10% promotion are void.
  6. After a work agreement is signed by all parties, and payment is received in full by the customer (unless otherwise noted) work may begin.
  7. All 3rd party freelancers will then receive 50% of the agreed total payment to their registered paypal account. Quiksnip holds this payment as a security deposit until the completion of work.
  8. After completion of work, as determined by Quiksnip, the entire 50% is released to the 3rd party’s paypal account.
  9. Completion of work is subject to the customer completing a project completion survey. If the customer does not complete this survey within 25 days of completion of work, or requests a revision, the remaining funds will be released to the 3rd party freelancer.
  10. If a revision is requested, the required release of payment is seized until the final completion of work.
  11. If all prerequisites are met, the total of project (including any additional revision fees) will be tallied and 10% of the total will be added to the remaining 50% due to the freelance worker.
  12. If the 10% promotion is void due to the customers lack of acknowledgement, the 3rd party is still entitled to 100% of the service payment provided.
  13. All above terms are subject to the opening and closing dates of the promotion. Void before or then after.
  14. Any payments made in accordance with this agreement are exclusive of Goods and Services Taxes (GST) and any and all applicable taxes, charges and levies.
  15. Quiksnip may require the customer to make a payment earlier than the date if there is a concern about the customer’s credit worthiness.
  16. The customer must make all payments under this agreement in full without deduction, counter-claim or set-off.
  17. Intellectual Property Rights

The Intellectual Property Rights in this website and the materials on or accessible via it belong to “Quiksnip.com” or its licensors. This website and the materials on or accessible via it and the Intellectual Property Rights therein may not be copied, distributed, published, licensed, used or reproduced in any way (save to the extent strictly necessary for, and for the purposes of, accessing and using this website). Quiksnip.com and the Quiksnip.com Logo are trademarks which belong to Quiksnip.com and they may not be used, copied or reproduced in any way without written consent from Quiksnip.com.  For these purposes “Intellectual Property Rights” includes the following: any patent, trade mark, trade name, service mark, service name, design, design right, copyright, database right, moral rights, know how, trade secret and other confidential information, rights in the nature of any of these items in any country, rights in the nature of unfair competition rights and rights to sue for passing off or other similar intellectual or commercial right (in each case whether or not registered and registrations of and applications to register any of them.

 

  1. CHANGES TO WEBSITE, SOFTWARE and SERVICES
    com reserves the right to: (i) change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that Quiksnip.com shall not be liable to you for any such change or removal. (ii) change, remove, or discontinue any software, service, or promotion (including but not limited to any previsions, parts thereof, licensing, pricing) as advertised on this website at any time without notice and you confirm that Quiksnip.com shall not be liable for any such change or removal. (iii) change or discontinue any promotional discount vouchers or coupon codes at any time with notice and you confirm that Quiksnip.com shall not be liable for any such change or removal. (iv)  change this Agreement at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.

 

  1. WARRANTIES 

 

  1. The website and  all  content, server and network elements are provided on an “as is” and “as available” basis, without any warranties of any kind to the fullest extent permitted by law, and The Company expressly disclaims any and all warranties, whether express or implied.
  2. The Company does not guarantee that the Company and content are accurate; error-free; free of viruses; or any other harmful As with any Company a User may enter, caution should be used in the use of any content or materials. User will be solely responsible for any damages to User’s device or computer, or other harm.
  3. The Company excludes all liability for damages arising out of or in connection with your use of this Company. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer Company, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
  4. The Company does not guarantee that the Company and content are accurate; error-free; free of viruses; or any other harmful As with any Company a User may enter, caution should be used in the use of any content or materials. User will be solely responsible for any damages to User’s device or computer, or other harm.
  5. The Company excludes all liability for damages arising out of or in connection with your use of this Company. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer Company, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

 

  1. THIRD PARTY COMPANYS and CONTENT

Quiksnip may provide access to third party content, such as User-generated reviews, other content submitted by Users of the Services, and links to third-party websites. Quiksnip does not:

  1. undertake any obligation to review, screen, or investigate materials or other information submitted or otherwise provided by third parties (including other Users) in connection with the Services;
  2. undertake any obligation to review, screen, or investigate third parties who provide links to their websites (or the websites of other third parties) or the content of any such websites; or
  3. Quiksnip is not responsible for any third party materials or other information, including whether the information is accurate or suitable or available for Users’ use, for the performance or operation of any third party websites, for any products or services advertised or sold by any third party (including on or through a third party’s websites), or for any other action or inaction by any third party.
  4. Use of any such third party websites will be subject to those terms to which User and the third party agree.
  5. User assumes all risks arising out of or resulting from any transaction of business over the Internet, and User agrees that Company is not responsible or liable for any loss or damage resulting from use of third-party content, websites, or services.

 

  1. INDEMNIFICATION

User will agree to be personally liable and hold harmless the Quiksnip and/or Quiksnip’s Affiliates for any and all damages directly, or indirectly, resulting from unauthorized downloading or other duplication of Content. Damages can include, but not limited to, loss of profits, property, fines, penalties, and legal fees.  Quiksnip reserves the right, to assume the defense and control of any matter otherwise subject to indemnification by you

 

  1. DMCA Policy

The Company respects the rights of others. If a User believes any content available through the Services infringes one’s rights, User must submit a complaint to info@quiksnip.com. Please read our DMCA Policy.

 

  1. Liability

 

  1. To the maximum extent permitted by law:

(i) Quiksnip makes no representations or warranties to the customer;

(ii) Quiksnip hereby excludes all representations, warranties, terms and conditions whether express or implied (and including without limitation, those implied by statute, custom, law or otherwise);

(ii) Quiksnip’s cumulative liability to the customer for all claims made by the customer under or in relation to this agreement will not exceed in aggregate the amount actually paid by the Customer to Quiksnip in relation to the Order;

(iii) Quiksnip will not be liable to the customer in relation to any claim for any loss of profit, data, goodwill or business, for interruption to business, for any failure to realize anticipated savings or for any consequential, indirect, special punitive or incidental damages.

  1. Certain legislation may imply warranties or conditions, impose obligations or give statutory guarantees (together, “Statutory Provisions”) which cannot be excluded, restricted or modified except to a limited extent. This Agreement must be read subject to the Statutory Provisions. If the Statutory Provisions apply, notwithstanding any other provision of this agreement, to the extent to which Quiksnip is entitled to do so, Quiksnip limits its liability in respect of any claim to:
    1. the replacement of the goods or the supply of equivalent goods; and
    2. the repair of the goods; and
    3. the payment of the cost of replacing the goods or acquiring equivalent goods; or
    4. the supply of the Services again; or
    5. the payment of the cost of having the services supplied again.

 

  1. Suspension and Termination of Services

 

  1. Without limiting any of Quiksnip’s other rights, Quiksnip may suspend the provision of some or all of the services if the customer does not make payment as agreed by these terms; and
  2. Quiksnip will have no liability to the Customer whatsoever in the event of a suspension of the Services as contemplated by sub-clause (a) above.
  3. c) Quiksnip may terminate this agreement with immediate effect by notice in writing to customer upon the occurrence of any of the following:

(i) Quiksnip becomes aware of a breach of any of the warranties given by the customer under this agreement;

(ii) the customer commits a breach of this agreement that is remediable and fails to remedy the breach within 7 days of written notice from Quiksnip requiring the customer to do so;

(iii) the customer commits a breach of this agreement that is incapable of remedy;

  1. the customer undergoes an Insolvency Event;and
  2. If this agreement is terminated for any reason all payments due to the Company become due and payable on the date of termination;

 

  1. ENTIRE AGREEMENT

These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.

 

  1. GOVERNING LAW

The validity, interpretation and performance of these Terms shall be governed by the laws of Los Angeles County, USA without giving effect to the conflicts of law’s provisions or principals thereof.

 

  1. CONTACTS

 

By providing an email address, User agrees that the Company may send emails related to the Services. If User does not wish to receive general marketing emails, User may opt out by following the instructions in the message. The Company may send any legal notices via email, notification by a message to User account or regular mail. To give legal notice to the Company, please send written communication to:

info@quiksnip.com or our twitter account: twitter.com/quiksnipinfo.

____________________________________

(909) 529-0798

 

Privacy Policy –

Quiksnip.com

Last Updated: September 27th, 2014

Quiksnip.com  recognizes that its customers, visitors and users, want to know our policy on privacy.    Quiksnip.com provides this Privacy Policy hereinafter referred to as (“Policy”) to help you make an informed decision about whether to use or continue using the    Quiksnip.com Services.  This Policy governs the manner in which Quiksnip collects, uses, maintains and discloses information collected from you hereinafter referred to as the  (“User”) of the Quiksnip.com services. This privacy policy applies to all products and services offered by Quiksnip.

 

1.      Personal identification information

We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, place an order, fill out a form, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.

 

2.      Non-personal identification information

We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service provider’s utilized and other similar information.

 

3.        Web browser cookies

Our Site may use “cookies” to enhance User experience. User’s web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.

 

4.        How we use collected information

Quiksnip may collect and use Users personal information for the following purposes:

 

Ø    To improve customer service

Information you provide helps us respond to your customer service requests and support needs more efficiently.

Ø    To personalize user experience

We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site. *

  • To improve our Site

 We may use feedback you provide to improve our products and services.

  • To process payments

We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.

Ø    To run a promotion, contest, survey or other Site feature

To send Users information they agreed to receive about topics we think will be of interest to them.

Ø    To send periodic emails

We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.

Ø WHOIS

We are required by the Internet Corporation for Assigned Names and Numbers (“ICANN”), the organization that assumes responsibility for domain name allocation, to collect information about you during the domain name registration process. This information includes your full name, mailing address, phone number, email address, and, where provided, your facsimile number. ICANN then requires all registrars to make your full name, mailing address, phone number, email address, and, where provided, your facsimile number, as well as the creation and expiration dates of your domain name registration and the name server information associated with your domain name, to the public via an interactive Web page and a “port 43″ WHOIS service. For the purposes of this Privacy Notice we will refer to this information as your “WHOIS Information.” Please note that we may not be able to control how members of the public may use the WHOIS Information

 

5.        How we protect your information

We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.

 

6.        Sharing your personal information

We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above. We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.

 

7.        Third party websites

Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website’s own terms and policies.

 

8.        Changes to this privacy policy

Quiksnip has the discretion to update this privacy policy at any time. When we do, we will revise the updated date at the bottom of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.

 

9.        Your acceptance of these terms

By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.

 

10.          Contacting us

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained. If you have any questions about our privacy practices or this policy, please contact us at info@Quiksnip.com.

 

 

DMCA Policy –

http://www.quiksnip.com

 

Notice of Copyright Infringement. If you believe that any Content or Submission on the Site has been used in a manner that infringes upon your copyrights, you or your authorized agent may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

(a) An electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;

(b) Identification of the material that is claimed to be infringing or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works on the Site;

(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the Company to locate the material;

(d) Information reasonably sufficient to permit the Company to contact you, such as your address, telephone number or e-mail address;

(e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Revised November 7th 2014

 

Counter-Notification

If data or activity that you have posted to our www.quiksnip.com. has been given a take-down notice, and you feel it is inaccurate, you may file a counter-notification that contains the following details:

  1. A clear and precise description of the infringing material or the subject of infringing activity and information adequate to permit the Company to locate where the material appeared before it was removed or disabled;

 

  1. A true and accurate statement, that it is your belief that the material was removed or disabled as a result of error or misidentification of the material in question;

 

  1. Current and reliable contact information. This will include mailing address, cellular telephone and/or email address. This information is necessary for us to contact you;

 

  1. A declaration of your cooperation with the jurisdictional Federal District Court and will accept service of process from the entity who submitted a notice in accordance with the section (c)(1)(C) of the DMCA, as generally described above;

 

  1. Your signature either physical or electronic.