1. PURPOSE AND DESCRIPTION OF SERVICES
QWASI provides users with a means of publishing information that can be retrieved from mobile phones and the Internet. To use our Services, you select a unique keyword. The use of such keyword in the QWASI service does not grant you ownership of such keyword. QWASI retains ownership of all keywords in its service and provides it to you for the period of time agreed upon, and paid for when joining service. QWASI may determine, in its sole discretion, to limit the use of the Services, add data storage limitations, change fees for the Services or otherwise modify the Services in the future. You acknowledge and agree that these changes may take place and that QWASI shall have no liability stemming from such changes.
Any additions or modifications to the Services shall be in the sole discretion of QWASI and will be subject to these Terms of Service. You are solely responsible for any fees, charges and expenses incurred by you in accessing and using the Services – including, but not limited to, standard text messaging charges that will depend on the plan that you have with your wireless carrier. QWASI uses reasonable efforts to ensure that the Services are available on a 24/7 basis. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of QWASI. By using the Services you agree that QWASI shall not be liable to you for any modification, suspension or discontinuance of the Services.
Standard rate subscription and general marketing alerts focus on QWASI Inc updates and alerts. End user will see the keyword promoted on point of sale print material, instructing them to text AIMQWASI to the short code. End Users will be subscribing to receive alerts about updates becoming available or other information regarding QWASI tech.
All materials displayed on the Site including, but not limited to text, graphics, news articles, charts, presentations, user communications, photographs, images and illustrations, shall be referred to herein as “Content”. QWASI attempts to maintain a website that is absent of offensive, indecent or objectionable Content. You understand that by using QWASI, you may be exposed to this Content. Under no circumstances will QWASI be liable in any way for any Content, including, but not limited to, the subject matter of any Content, 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 QWASI.
By sending a text message “keyword” (a term or word sent to a short code to invoke a response message) to a short code(s) 79274, 28748, 364243, 74935 or 74362, you expressly agree to receive promotional communications by SMS, and may stop receiving them by replying to the short code with a text message using the words: STOP, END, or QUIT.
2. RESTRICTIONS ON THE USE OF THE SERVICES
By using the Services you agree that you will not:
Use the Services for any illegal purpose;
Upload, email or otherwise transmit any User Content that is unlawful, obscene, harmful, threatening, defamatory or hateful or that contains objects or symbols of hate, invade the privacy of any third party, contain nudity or child erotica, or is otherwise objectionable.
Upload, email or otherwise transmit any User Content that you do not have the lawful right to transmit (including any User Content that would violate any confidentiality or fiduciary obligations that you might have with respect to the content) or any User Content that infringes the intellectual or proprietary rights of any third party; or
Interfere with or disrupt (or attempt to interfere with or disrupt) web pages available at the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site.
QWASI reserves the right at all times to terminate your account, and delete any and all content at, in whole or in part, for any reason including, but not limited to, violations of these Terms of Service. If you do violate these Terms of Service, QWASI reserves the right to share any information with any third party. In addition, QWASI reserves the right at all times to disclose any User Content as necessary to satisfy any law, regulation, governmental request or partner request, in its sole discretion.
3. AGE REQUIREMENTS AND LIMITATIONS ON USE OF SERVICES
Users of the Services must be at least 13 years of age.
Children under the age of 13 are not permitted to use the Service and no information of children under the age of 13 will be knowingly collected by QWASI. If QWASI determines that it has collected personal information of children under the age of 13, QWASI will immediately delete such information.
4. TRADEMARKS AND COPYRIGHTS
All trademarks, brands and service marks used in conjunction with the Services by QWASI shall be the property of QWASI. QWASI shall be the owner of all copyright and database rights in the Services. You may not publish, distribute, extract or reproduce any such content in any material form, except as it relates to the personal use of the Services. This license does not apply to any third party content stored at QWASI. Permission for use of such content must be obtained from the copyright owner. QWASI claims no ownership interest in the User Content.
User Content means any Content created or contributed to the Site by any user of the Services. You acknowledge and agree that if you contribute any User Content, including any widgets, you grant to QWASI a perpetual, non-exclusive worldwide, royalty-free, transferable right and license to use in any way such User Content (including all related intellectual property rights) to provide the Services.
5. COPYRIGHT INFRINGEMENT
QWASI respects the intellectual property rights of others. However, you agree that QWASI is not responsible for any violations of any intellectual property rights in any User Content. If you believe that your intellectual property rights have been infringed by another party please contact QWASI via an online helpdesk at: http://www.cellsigns.com/support/helpdesk/ or via email – support @ QWASI.com
6. FEES
Most campaigns are considered “standard campaigns” whereby Standard or Other message rates apply.
Some premium content is available on a fee basis and will be communicated via MT text message (message send to subscriber).
When purchasing fee-based content, you will receive a text message to explicitly agree to the fee. All fees are displayed within the text message. You agree to pay your mobile device operator the fee that corresponds to the content you select in accordance with the fees in effect at the time of your order. Unless otherwise indicated, the charges shall be invoiced on the bill from your participating mobile communications carrier. All fees are subject to change upon notice from Company. Company will provide you with reasonable notice of such change. All fees are due immediately and are non-refundable, except as otherwise expressly noted.
7. DISCLAIMER OF WARRANTY AND LIMITATIONS OF LIABILITY.
QWASI expressly disclaims any responsibility or liability for the use of the Services by you.
THE SERVICES, CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES SHALL QWASI BE LIABLE TO YOU OR ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF AND RELIANCE ON THE SITE OR SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF QWASI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE OR SERVICES, FROM INABILITY TO USE THE SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES OR DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
8. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless QWASI and its subsidiaries and other affiliated companies, and their employees, officers, directors, contractors, agents, licensors and suppliers, from all liabilities, losses, damages, claims, costs and expenses, including reasonable attorney’s fees, that arise from (i) use or misuse of the Services or any person to whom you have granted access to the Services, (ii) your violation of any of these Terms of Service, or (iii) any other activity related to your account (including negligent or wrongful conduct). QWASI reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by you, in which event you will cooperate with QWASI and its counsel in the conduct of such defense.
9. FORUM AND CHOICE OF LAW
These Terms of Service shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Service or your use of the Service shall be filed only in the federal courts located in the Commonwealth of Pennsylvania, or state courts located in the county of Mercer and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
10. CANCELLATION POLICY
QWASI requires cancellation in writing two days prior to customer’s monthly renewal date. If the customer does not receive acknowledgement of cancellation from QWASI within 24 hours (Monday – Friday, excluding holidays), customer must then contact QWASI via phone requesting such receipt. If customer attempts to cancel after the predetermined cancellation period, customer will be charged for the next month. QWASI does not offer prorated refunds.
11. ENTIRE AGREEMENT
These Terms of Service constitute the entire agreement between the you, the user, and QWASI with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between QWASI and you with respect to the subject matter hereof. If a court should find that one or more rights or provisions contained in these Terms of Service are invalid, you agree that the remainder of the Terms of Service shall be enforceable. We respect your privacy. For our privacy policy, click here.