Terms

Terms of Use

The following paragraphs outline and explain, in simple terms, the terms of use of the QuickeeMe website and mobile applications. Our Privacy policy outlines our practices towards handling any personal information that you may provide through our services.

Before using any of the QuickeeMe services, you are required to read, understand and agree to these terms. You may only create an account after reading and accepting these terms. The column on the right provides a short explanation of the terms of use and is not legally binding.

Acceptance of Terms

The web pages available at QuickeeMe.com, QuickeeMe’s mobile applications and all linked pages (“Site”), are owned and operated by FocusFlock, LLC (hereinafter referred to as “QuickeeMe”) a US corporation and is accessed by you under the Terms of Use described below (“Terms”).

Please read these terms carefully before using the services. By accessing the site, viewing any content or using any services available on the site (as each is defined below) you are agreeing to be bound by these terms, which together with our Privacy policy, governs our relationship with you in relation to the site. If you disagree with any part of the terms then you may not access the site.

          What This Means: By using QuickeeMe, you agree to all of the following terms.

Description of Service

The Site is a social media tool which enables anyone to post real time video updates, share comments, promote themselves and their work, participate in contests and promotions, and access and/or purchase services from time to time made available on the Site (“Services”). Services include, but are not limited to, any service and/or content QuickeeMe makes available to or performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services. Content (“Content”) includes, but is not limited to videos, user comments, messages, information, data, graphics and images.

Your access to and use of the Site may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside the control of QuickeeMe. QuickeeMe reserves the right to suspend or discontinue the availability of the Site and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice. QuickeeMe may also impose limits on certain features and Services or restrict your access to parts of or all of the Site and the Services without notice or liability. The Site should not be used or relied upon for storage of your videos and images and you should retain copies of anything you wish to preserve that is posted on the Site.

          What This Means: QuickeeMe is a social network utilizing real time video updates as a method of communication and that we may add or delete features, and will develop more features and services in the future. There are times when things can go wrong and the service may be interrupted. If you want your stuff, back it up. Don’t rely on us.

Registration

As a condition to using our Services, you are required to open an account with QuickeeMe and select a password and username, and to provide other registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your QuickeeMe account.

You may not use as a username the name of another person or entity or one that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your QuickeeMe account.

Services are available only to individuals who are either (i) at least 18 years old, or (ii) at least 14 years old, and who are authorized to access the Site by a parent or legal guardian. If you have authorized a minor to use the Site, you are responsible for the online conduct of such minor, and the consequences of any misuse of the Site by the minor. Parents and legal guardians are warned that the Site may display videos containing nudity and violence that may be offensive to some. We do our best to police inappropriate content, but there are times when some will slip through.

                What This Means: To fully use the services you need to create an account, be respectful of others, play by the rules, and don’t violate other peoples' rights.

User Conduct

All Content posted or otherwise submitted to the Site is the sole responsibility of the account holder from which such Content originates and you acknowledge and agree that you, and not QuickeeMe are entirely responsible for all Content that you post, or otherwise submit to the Site. QuickeeMe does not control user submitted Content and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site you may be exposed to Content that is offensive, indecent or objectionable.

As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by QuickeeMe. By way of example, and not as a limitation, you agree not to use the Services:

  1. To abuse, harass, threaten, impersonate or intimidate any person;
  2. To post or transmit, or cause to be posted or transmitted, any Content that is libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person;
  3. For any purpose (including posting or viewing Content) that is not permitted under the laws of the jurisdiction where you use the Services;
  4. To post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any QuickeeMe user;
  5. To post copyrighted Content which doesn’t belong to you;
  6. To advertise to, or solicit, any user to buy or sell any products or services, or to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
  7. To promote or sell Content of another person
  8. To sell or otherwise transfer your profile.

To report a suspected abuse of the Site or a breach of the Terms (other than relating to copyright infringement which is addressed under “COPYRIGHT COMPLAINTS” below) please send written notice to QuickeeMe at email: CustomerService@QuickeeMe.com.

You are solely responsible for your interactions with other users of the Site. QuickeeMe reserves the right, but has no obligation, to monitor disputes between you and other users.

            What This Means: You cannot use our site to post pornographic material, harass people, send spam, make inappropriate negative comments, and do other crazy stuff. Be respectful and responsible. Don't do anything stupid and you can use QuickeeMe peacefully and joyfully.

Content Uploaded For Inclusion On The Service

Please read this section carefully before posting, uploading, or otherwise submitting any Content to the site. By submitting content to the site you are granting QuickeeMe a worldwide, non exclusive license to use the content and are representing and warranting to QuickeeMe that the content is owned by you, and that QuickeeMe is free to publish, distribute and use the content as hereinafter provided for without obtaining permission or license from any third party.

In consideration of QuickeeMe’s agreement to allow you to post Content to the Site and QuickeeMe’s agreement to publish such Content and for other valuable consideration the receipt and sufficiency of which are hereby expressly and irrevocably acknowledged, you agree with QuickeeMe as follows:

     A. You acknowledge that:

  1. By posting Content to the Site you hereby grant to QuickeeMe a non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content in connection with the Services. This license will exist for the period during which the Content is posted on the Site and will automatically terminate upon the removal of the Content from the Site;
  2. The license granted to QuickeeMe includes the right to use your Content fully or partially for promotional reasons and to distribute and redistribute your Content to other parties, web-sites, applications, and other entities, all as submitted to QuickeeMe by you;
  3. Subject to the terms of the foregoing license, you retain full ownership or other rights in your Content and any intellectual property rights or other proprietary rights associated with your Content.

    B. You represent and warrant that:

  1. You are the owner of all rights, including all copy rights in and to all Content you submit to the site;
  2. You have the full and complete right to enter into this agreement and to grant to QuickeeMe the rights to the Content herein granted, and that no further permissions are required from, nor payments required to be made to any other person in connection with the use by QuickeeMe of the Content as contemplated herein; and
  3. The Content does not defame any person and does not infringe upon the copyright, moral rights, publicity rights, privacy rights or any other right of any person, or violate any law or judicial or governmental order.
  4. You shall not have any right to terminate the permissions granted herein, nor to seek, obtain, or enforce any injunctive or other equitable relief against QuickeeMe, all of which such rights are hereby expressly and irrevocably waived by you in favor of QuickeeMe.

            What This Means: If you post it, you are agreeing that it is yours to post and that we can display it on our Site for viewing and use it to promote and advertise our Service. ‘Nuff said.

Copyright Complaints

QuickeeMe respects the intellectual property rights of others. It is our policy to respond promptly any claim that Content posted on the Site infringes the copyright or other intellectual property infringement (“Infringement”) of any person. QuickeeMe will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property law and these Terms where it believes an Infringement has taken place, including removing or disabling access to the Content claimed to be infringing and/or terminating accounts and access to the Site.

To notify QuickeeMe of a possible Infringement you must submit your notice in writing to the attention of “Copyright Infringement” care of CustomerService@QuickeeMe.com and include in your notice a detailed description of the alleged Infringement sufficient to enable QuickeeMe to make a reasonable determination.

If you are uncertain whether an activity constitutes Infringement, we recommended seeking advice of an attorney.

            What This Means: We respect intellectual property. If you feel something is infringing, please contact us.

Links

The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because QuickeeMe has no control over such sites and resources, you acknowledge and agree that QuickeeMe is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that QuickeeMe shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

            What This Means: Some people may post links. We are not responsible for those links.

Release and Indemnity

You hereby expressly and irrevocably release and forever discharge QuickeeMe, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.

You hereby agree to indemnify and hold harmless QuickeeMe, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of (i) a breach of these Terms, (ii) Content posted on the Site, (iii) the use of the Services, by you or any person using your account or QuickeeMe username and password, (iv) the dissemination of your posted content by third parties, or (v) any violation of any rights of a third party.

            What This Means: We are not liable if something goes wrong. Don’t blame us if you do something stupid or someone reposts your content.

Limitation of Liability

In no event shall QuickeeMe be liable under contract, tort, strict liability, negligence or other legal theory with respect to the site, the service or any content or for any lost profits or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever.

            What This Means: Once again, and we can’t say it enough, we are not liable if you use the Site improperly or do something stupid. Think twice.

Trademarks

QuickeeMe, QuickeeMe.com and other QuickeeMe graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of QuickeeMe. QuickeeMe’s trademarks and trade dress may not be used in connection with any product or service without the prior written consent of QuickeeMe. The images and icons available in the QuickeeMe icon pack may used by partners and third party sites in connection with providing appropriate links to the QuickeeMe Site.

            What This Means: Please respect our trademarks and brands.

Termination

QuickeeMe may terminate or suspend any and all Services and/or your QuickeeMe account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your QuickeeMe account, you may simply discontinue using the Services. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

It is your responsibility to remove all Content from your account prior to termination. Upon termination of your account QuickeeMe will automatically remove all Content posted to your account. QuickeeMe does not keep copies of your content once that content expires or is removed.

            What This Means: We may stop providing the Service at any time and you can stop using the Service at any time. If you want copies of your content, preserve it. We do not keep copies.

Change

QuickeeMe reserves the right, at its sole discretion, to modify or replace the terms at any time. If the alterations constitute a material change to the terms, QuickeeMe will notify you by posting an announcement on the site. What constitutes a material change will be determined at QuickeeMe’s sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any service or viewing any content following notification of a material change to the terms shall constitute your acceptance of the Terms as modified.

            What This Means: We will notify you if our Terms change.

Miscellaneous

No agency, partnership, joint venture, or employment is created as a result of the Terms and you do not have any authority of any kind to bind QuickeeMe in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. QuickeeMe shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond QuickeeMe’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. QuickeeMe may transfer, assign or delegate the Terms and its rights and obligations without consent. The Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, as if made within the State of New Jersey between two residents thereof, and the parties submit to the exclusive jurisdiction of New Jersey courts.

            What This Means: We are still not responsible.