Last Updated: April 6 2020
1. Eligibility; Registration Information and Password; Qurious Service Access.
THE QURIOUS SERVICE IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF 18 OR TO ANY USERS SUSPENDED OR REMOVED FROM THE QURIOUS SERVICE. BY USING THE QURIOUS SERVICE, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE QURIOUS SERVICE.
If you are registering or using the Qurious Service on behalf of a company, entity, or organization (collectively “Subscribing Organization”), you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms, and you hereby do agree to be bound by these Terms on behalf of such Subscribing Organization. In such a case, references to “you” in these terms shall be construed to mean you, the Subscribing Organization, and any other individual that uses the Qurious Service on the Subscribing Organization behalf.
SUBJECT TO YOUR COMPLIANCE WITH THESE TERMS AND ALL APPLICABLE LAWS (INCLUDING WITHOUT LIMITATION ANY AND ALL LAWS REGULATING THE RECORDING AND DISTRIBUTION OF AUDIO CONTENT, SUCH AS FEDERAL AND STATE “WIRETAP” LAWS AS WELL AS APPLICABLE INTELLECTUAL PROPERTY LAWS), Qurious grants you permission to access and use the Qurious Service solely for your personal (or, in the case of a Subscribing Organization, for purely internal business purposes), at the level for which you have registered and have paid all applicable fees, as set forth in these Terms and consistent with the intended features of the Qurious Service.
In order to use certain features of the Qurious Service, such as features that allow users to save and manage their own recordings, you will need to register for an account (such users referred to herein as “Registered Users”), and pay any and all applicable fees. You agree that the information you provide to Qurious on registration and at all other times, including without limitation any necessary payment processing information, will be true, accurate, current, and complete, and that you will keep this information accurate and up-to-date at all times. When you register, you will be asked to provide a password. You should keep your password confidential, as you (or your Subscribing Organization, as applicable) will be responsible for all activities that occur under your password. In the case of a Subscribing Organization, your password should only be shared with those employees of the Subscribing Organization that have a need to access and use the Qurious Service on the Subscribing Organization behalf. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
3. Compliance with Law.
Qurious products allow you to record audio and video content and distribute such content to third parties. Intellectual property laws of all jurisdictions prohibit the reproduction and distribution of protected works without authorization. Further, laws regulating notice and consent requirements for recording others, and otherwise regulating the preparation, use, and distribution of such recordings vary by jurisdiction. You are responsible for determining what laws apply to your use of the Qurious Service, and for applying the laws in the relevant jurisdiction when using Qurious products and services. You may not use Qurious products or services in violation of these or any other laws.
4. Privacy and other Policies.
b) Guidelines. When using the Qurious Service, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the “Guidelines”). All such Guidelines are hereby incorporated by reference into the Terms.
5. Prohibited Conduct
All rights and licenses granted to you hereunder are conditioned upon your compliance with the following restrictions. You won’t do or attempt to do any of the following:
a) Record, upload, post, or make available any content i) in violation of state or federal “wiretap” laws or other analogous regulations applicable to the surreptitious or unauthorized preparation or distribution of audio or other recordings, or ii) you do not own or have the legal right to record, distribute, display and share with others, such as photos, music, TV shows, or movies, or confidential information of another;
b) Access or attempt to access content or features of the Qurious Service for which you have not registered and/or paid the applicable fees;
c) Rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer your access to the Qurious Service, or any of the permissions granted herein;
d) Use the Qurious Service on behalf of any third party (except your Subscribing Organization, if applicable), or in connection with any type of “service bureau” activity;
e) Upload or send to any other person pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content;
f) Impersonate another person or entity, or access another user’s account without that user’s permission;
g) Share Qurious passwords with any third party or encourage any other user to do so (except as provided in Section 2);
h) Misrepresent the source, identity, or content of information transmitted via the Qurious Service;
i) Use any bot, spider, or other automated program or process to access the Qurious Service, except for the sole purpose of crawling the Qurious Service in connection with legitimate indexing services of commercially available general purpose search engines, and solely in compliance with our robots.txt file; or
j) Use the Qurious Service for any illegal, unethical, fraudulent, misleading, or objectionable purpose or in breach of any law, regulation, or agreement, including without limitation CAN-SPAM or other regulations regarding unsolicited email or telephone marketing.
6. User Submissions.
a) General. The Qurious Service provides certain features which enable users to directly and indirectly post content, including text, audio files and other sound recordings, musical works, images, and other types of works (such as by creating a profile, uploading recordings, posting on message boards, commenting on other user™ posts or recordings) (“User Submissions”), and provides for the hosting, reproduction, distribution, transmission, public performance, and public display of such User Submissions. User Submissions are displayed for informational purposes only and are not controlled by Qurious. You understand that all User Submissions are the sole responsibility of the person from whom such User Submission originated. This means that you, and not Qurious, are entirely responsible for all User Submissions that you make available through the Qurious Service.
b) No Obligation to Publish. Qurious makes no representations that it will publish or make available on the Qurious Service any User Submissions (or that if made available on the Qurious Service, that any User Submission will remain available on the Qurious Service), and reserves the right, in its sole discretion, to refuse to allow any User Submissions on the Qurious Service, or to remove any User Submission at any time with or without notice. Without limiting the generality of the preceding sentence, Qurious complies with the Digital Millennium Copyright Act, and will remove User Submissions upon receipt of a compliant takedown notice (see “Digital Millennium Copyright Act” below), or if Qurious becomes aware that the preparation, use, or distribution of any such User Submission violates any law or regulation. You further understand that certain User Submissions you post to the Service may be removed after a certain period of time if applicable supplemental storage fees have not been paid.
c) License Grant by You to Qurious. You retain ownership of all your rights in and to your User Submissions, including any and all intellectual property rights in your User Submissions, and uploading User Submissions to the Qurious Service does not transfer any ownership rights. In order to enable us to operate the Qurious Service, however, we do need certain permission from you. Accordingly, by submitting User Submissions to Qurious, you hereby grant Qurious and its affiliates and other users of the Qurious Service (the “Qurious Licensees”) a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, distribute, transmit, publicly display, modify, and publicly perform your User Submissions and adaptations thereof, solely in connection with the development, operation, maintenance, enhancement, and promotion of the Qurious Service, and to collect, combine, aggregate, and analyze, data related to your User Submissions and derivatives thereof.
d) Additional License Grants. You grant the Qurious Licensees the right to use your name and/or voice and/or likeness and/or any name and/or voice and/or likeness that you submit as a part of or in connection with your User Submissions, without compensation or need for your prior approval. You also agree to irrevocably waive (and cause to be waived) any claims and assertions of so-called “moral rights” or attribution with respect to your User Submissions.
e) User Submissions Representations and Warranties. You are solely responsible for your own User Submissions and the consequences of posting or publishing them. You affirm, represent, and warrant that i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize Qurious to use your User Submissions in the manner contemplated by these Terms, and to grant the rights and license set forth above, and ii) our use of such User Submissions, and our exercise of the license rights set forth above, do not and will not: (a) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (c) violate any applicable law or regulation including without limitation state and federal “wiretap” and other similar laws regulating the surreptitious preparation and distribution of audio or other recordings.
7. Application Usage
a) Limited License. The Apps, are licensed, not sold or otherwise transferred to you. Subject to your acceptance of, and ongoing compliance with, the Terms (including payment of any applicable license fees and compliance with all license restrictions) and all applicable laws, Qurious hereby grants you a limited, non-transferable, non-sublicensable, revocable license to (i) use the Apps on a device that you own or control; and (ii) to use the Apps to upload User Submissions to the Qurious Service as otherwise permitted by these Terms for your own personal enjoyment (or, in the case of a Subscribing Organization, for an internal business purpose). You may not use the Apps on any device that you do not own or control, and you may not distribute or make the Apps available over a network where they could be used by multiple devices at the same time. You may not rent, lease, lend, sell, reproduce, redistribute or sublicense the Apps. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Apps, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law).
b) Applicability to Upgrades. These Terms will govern any upgrades provided by Qurious that replace and/or supplement the original Apps, unless such upgrade is accompanied by a separate license in which case that license will govern.
8. Billing and Payment.
a) No Refunds. All fees relating to the Qurious Service, including any fees charged for access to the Qurious Service are final and nonrefundable.
b) Method of Payment. Qurious accepts payments through payment methods detailed on the applicable payment screen, which may include certain credit cards. Charges occur at the time of purchase or shortly thereafter; in the case of subscription fees, charges accrue on the first day of the month for which the charge applies. Qurious does not accept payment forms other than those specified on the applicable payment screen. You agree to pay for services that you purchase through the Qurious Service and you agree that we may charge your selected payment method for any such payments.
c) Account Use. To use or register for a paid feature on the Qurious Service, you are required to keep payment information current, complete and accurate (such as a change in address, credit/debit card number or expiration date) and notify Qurious if the selected payment method is canceled (e.g., for loss or theft). You are responsible for all charges incurred under your account made by you or anyone who uses your account (including your employees, agents, independent contractors, or others who access your account).
d) Taxes. You are responsible for paying any governmental taxes imposed on your use of the Qurious Service, including, but not limited to, sales, use or value-added taxes. To the extent Qurious is obligated to collect such taxes, the applicable tax will be added to your billing account.
e) Disputed Charges. YOU AGREE TO SUBMIT ANY DISPUTES REGARDING ANY CHARGE TO YOUR ACCOUNT IN WRITING TO QURIOUS WITHIN THIRTY (30) DAYS OF SUCH CHARGE, OTHERWISE SUCH DISPUTE WILL BE WAIVED AND SUCH CHARGE WILL BE FINAL AND NOT SUBJECT TO CHALLENGE.
9. Modification of the Terms; Modification of Fees.
a) Terms. From time to time, Qurious may change, modify, add, or remove portions of the Terms, and reserves the right to do so in its sole discretion. If we modify the Terms, we will make them available through the Qurious Service, and indicate the date of the latest revision. We encourage users to review the Terms periodically for changes. In the event that the modifications materially alter your rights or obligations hereunder we will make reasonable efforts to notify you of the change. For example, we may send a message to your email address, if we have one on file, or generate a pop-up or similar notification when you access the Qurious Service for the first time after such material changes are made. All amended Terms automatically take effect 30 days after they made available through the Qurious Service, except that (i) disputes between you and Qurious will be governed by the version of the Terms that was in effect on the date the dispute arose and (ii) if you do not agree with any changes to the Terms, you may terminate these Terms by ceasing use of the Qurious Service. Your continued use of the Qurious Service after revised Terms have become effective indicates that you have read, understood and agreed to the current version of the Terms.
b) Fees. Certain services and features of the Qurious Service have fees associated with them. Please see the terms associated with such products or services for more information. Qurious reserves the right to modify fees on a going-forward basis, including offering certain features to some or all users at discounted rates or free of charge, without liability to you.
10. Prohibited Uses.
a) Access to the Qurious Service from territories where its contents are illegal is prohibited. You are responsible for compliance with all local rules including, without limitation, rules about the internet, data, email, or privacy. You also agree and understand that your data may be transferred to other jurisdictions for processing.
b) You may not use the Qurious Service in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the Qurious Service. You may not attempt to gain unauthorized access to the Qurious Service, or any part of it, other accounts, computer systems or networks connected to the Qurious Service, or any part of them, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Qurious Service or any activities conducted on the Qurious Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Qurious Service. You may not modify the Qurious Service in any manner or form, nor use modified versions of the Qurious Service.
c) The Qurious Service may contain robot exclusion files. You agree that you will not use any robot, spider, scraper, or other automated means to access the Qurious Service for any purpose without our express written permission, or bypass our robot exclusion files or other measures we may use to prevent or restrict access to the Qurious Service.
You may provide Qurious with information and feedback regarding the features and performance of the Qurious Service, and information regarding any and all failures, errors, or other malfunctions in the Service along with any associated error messages (the “Feedback”). You hereby grant Qurious a perpetual, irrevocable, worldwide, royalty-free, fully paid, unrestricted right and license to use any and all such Feedback, information, and materials for any purpose.
12. Ownership; Proprietary Rights.
The Qurious Service is owned and operated by Qurious.io, Inc. The visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the Apps and other aspects of the Qurious Service provided by Qurious (“Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for your User Submissions, all Materials, including all intellectual property rights therein, belong to Qurious or its affiliates and/or third party licensors. All trademarks, service marks, and trade names are proprietary to Qurious or its affiliates and/or third party licensors. Except as expressly authorized by Qurious, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
13. Third Party Sites, Products and Services; Links.
The Qurious Service may include links to other web sites or services, solely as a convenience to users (“Linked Sites”). Qurious does not endorse any such Linked Sites or the information, material, products or services contained on other linked sites or accessible through other Linked Sites. Furthermore, Qurious makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.
Your correspondence or business or other dealings with advertisers or other third party service providers encountered on or through the Qurious Service is solely between you and such third party. YOU AGREE THAT QURIOUS WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH THIRD PARTIES ON THE QURIOUS SERVICE.
14. Disputes with Third Parties
If you have a dispute with another user of the Qurious Service, or the provider of any Linked Site, or any other third party arising in connection with your use of the Apps or the Qurious Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code Â§1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Except as explicitly stated otherwise, legal notices will be served on Qurious at Qurious.io Inc., 660 4th Street, #124, San Francisco CA, 94107. Legal notices will be served on you at either the email or physical address you provide to Qurious during the registration process. Notice by email will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Notice given by either party by mail will be deemed given three days after the date of mailing.
a) By Qurious. You agree that Qurious, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have with Qurious or use of the Qurious Service and remove and discard all or any part of your account or any content uploaded by you, at any time. Qurious may also in its sole discretion and at any time discontinue providing access to the Qurious Service, or any part thereof, with or without notice. You agree that any termination of your access to the Qurious Service or any account you may have or portion thereof may be affected without prior notice, and you agree that Qurious will not be liable to you or any third party for any such termination. Qurious does not permit copyright infringing activities on the Qurious Service and reserves the right to terminate access to the Qurious Service and remove all content submitted by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Qurious Service may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Qurious may have at law or in equity.
b) By You. You may terminate your account, this Agreement and your right to use the Qurious Service at any time and for any reason or no reason, by contacting Qurious customer support at email@example.com, and immediately discontinuing all use of the Qurious Service, including any and all mobile applications, embedded widgets, plugins, or other software components.
c) Fees. Upon any termination of your account, you will remain obligated to pay all outstanding fees and charges relating to your use of the Qurious Service before termination. Termination does not give rise to any right of refund.
d) Survival. Sections 4, 6, 7, and 11 through 21 will survive any termination of these Terms.
17. Disclaimers; No Warranties.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, QURIOUS AND ITS AFFILIATES, LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND NON-INFRINGEMENT. QURIOUS DOES NOT WARRANT THE DATA, CONTENT, ANALYTICS, FEATURES, OR INFORMATION PROVIDED THROUGH THE QURIOUS SERVICE, INCLUDING WITHOUT LIMITATION USER SUBMISSIONS OR OTHER DATA PROVIDED BY OTHER USERS, TO BE UNINTERRUPTED, ACCURATE, USEFUL, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR EQUIPMENT, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR USE OF THE QURIOUS SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
18. Limitation of Liability and Damages.
UNDER NO CIRCUMSTANCES WILL QURIOUS OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OR RELATED TO THE QURIOUS SERVICE, EVEN IF QURIOUS OR A QURIOUS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL QURIOUS OR ITS AFFILIATE, CONTRACTOR, EMPLOYEE, AGENT, OR THIRD PARTY PARTNER OR SUPPLIER TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE QURIOUS SERVICE (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE QURIOUS SERVICE DURING THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
You (and your Subscribing Organization, if applicable) agree to indemnify, defend, and hold Qurious, its affiliates, contractors, employees, agents and its affiliates, suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Qurious Service, your violation of these Terms or any law or regulation, or any breach of the representations, warranties, and covenants made by you in these Terms. Qurious reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Qurious, and you agree to cooperate with our defense of these claims. Qurious will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
20. Digital Millennium Copyright Act Compliance.
If you are a copyright owner or an agent thereof, and you believe that any content hosted on the Qurious Service infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Copyright Agent with the following information in writing (see 17 U.S.C. Â§ 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Qurious Service are covered by a single notification, a representative list of such works at the Qurious Service;
(iii) 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 Qurious to locate the material;
(iv) Information reasonably sufficient to permit Qurious to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(v) A statement that the complaining party has 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
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Qurious Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows: President at Qurious.io, Inc., 660 4th Street #124, San Francisco, CA 94107, or by email at firstname.lastname@example.org. For clarity, only DMCA notices should go to the Qurious Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to customer service through email@example.com. You acknowledge that if you fail to comply with all of these requirements, your DMCA notice may not be valid.