Terms of Service
These Terms of Service govern your access to and use of Your Data (as defined below), the Quammy website (the "Site"), any information, text, graphics, or other materials appearing on the Site provided by Quammy (the "Quammy Content"), and any services or software, including but not limited to SMS messaging, the Quammy Mobile App (as defined below), and Quammy Caller ID (as defined below), provided through the Site (the "Services"). Your access to and use of the Site, Quammy Content, and Services, are expressly conditioned on your compliance with these Terms of Service. By accessing or using the Site, Quammy Content, or Services, you agree to be bound by these Terms of Service.
1. Quammy Helps You To Manage Your Address-book and Find People
On your request, Quammy stores information ("Cell Phone Data") which Quammy obtains directly from you, your cell phone, your wireless service provider ("Wireless Provider"), your social network and/or your address book application.
Your Cell Phone Data, Quammy profile and any other personal information that you upload to Quammy with the exception of Posts (as defined below) are "Your Data."
Quammy will never intentionally share any of Your Data with any third party without your permission, except as set forth in these terms. The permissions you give Quammy are always under your control and you can delete your Quammy account and all of Your Data at any time.
By sharing and uploading Your Data, you grant Quammy a worldwide, non-exclusive, royalty-free, sub licensable and transferable license to use, reproduce, prepare derivative works of, display and perform Your Data in connection with the Site and the Services.
You acknowledge and agree that you are solely responsible for all of Your Data that you make available through the Site or the Services. Accordingly, you represent and warrant that: (i) you have all rights, licenses, consents and releases that are necessary to grant to Quammy the required rights in Your Data, as contemplated under these Terms of Service, including but not limited to permission from your contacts to upload their information to Quammy; and (ii) neither Your Data nor your posting, uploading, publication, submission or transmittal of Your Data or Quammy's use of Your Data (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You acknowledge and agree that, to provide you the Services, Quammy may interact with third parties such as your Wireless Provider, social networks and/or address book provider under your respective accounts. You hereby designate us your agent for those limited purposes. Actions we take with those companies on your behalf will be deemed to be actions taken by you. By providing or allowing Quammy to access Your Data, you are granting Quammy all of the necessary rights and permissions to provide the Services and build applications for you that are based on Your Data.
2. Billing and Fees
Quammy fees and payment terms may vary depending on your Wireless Provider, the application store you use to download the Quammy Mobile App or any other independent marketing platform. Fees and payment terms are provided to you by our distribution partners before you provide a means of payment.
You represent that you are the owner or authorized user of the wireless device you use to access the Quammy Mobile App and that you are authorized to approve any and all applicable charges. You agree and acknowledge that your Wireless Provider's standard message and data rates may apply in addition to any Quammy fees.
You agree to pay the applicable fees and any taxes and other fees that may accrue in relation to your use of the Site and Services, if any. All fees are non-refundable and non-transferable except as expressly provided in these Terms.
Quammy may change fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes.
If fees due to Quammy are not paid in a timely manner, or Quammy is unable to process your transaction using the information provided, Quammy reserves the right, and has the sole discretion, to suspend your access to your Quammy account. If any outstanding fees are not paid up within thirty (30) days from the date on which the fees become outstanding, Quammy, reserves the right, and has the sole discretion, to delete your Quammy account and delete Your Data.
Deactivating Your Account
You may deactivate your Quammy account at any time by logging in to the Site from any computer and selecting "Deactivate Account" from the "My Account" page or by visiting http://www.quammy.com/editsettings.php from your device. Quammy account deactivation is effective immediately and you will not be issued a refund for any previously charged fees. Uninstalling the Quammy Mobile App from your device will not deactivate your Quammy account. Until you login to the Site and deactivate your account as described above, Your Data, the Site and the Service will still be available to you, and you may continue to be charged according to the relevant fee schedule, if any.
3. Your Quammy Profile
You can use Quammy without registration. If you wish to register and create a profile, the only information Quammy requires is your valid email and a password.
Some fields, such as your name, job title, links to your public profile on social networks and photo (if any) are public and can be seen by anyone who searches for this exact information on Quammy.
Other fields, such as your address and email (if any) will only be updated in address-books of other Quammy members who already have your mobile phone number. However, if a Quammy member already has access to such private information, that member can use it to find your public profile. For example, a member whom you call without blocking your cell phone number will see the public section of your profile as part of Quammy's Caller ID feature.
4. Quammy Caller ID
When you opt in to Quammy, anytime you receive a call on your cell phone from a number that is not in your phone contacts, Quammy looks up the number in several public and proprietary databases, and if possible, returns the name, picture, job title and other information of the person or business that is trying to reach you.
By using Quammy you are hereby granting Quammy permission to display your public profile to other Quammy users when you call them. If you prefer not to grant Quammy such permission, or you do not have the permission of your contacts, do not opt in to Quammy. You can avoid displaying your public profile to other Quammy users during phone calls by blocking your number to before placing a call.
5. Guard Your Quammy Password
When you first login to Quammy.com on your PC or Mac, you will create a new password for use on the Quammy Site and mobile application. You are responsible for safeguarding the password that you use to access any secure areas of the Site. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify Quammy of any unauthorized use of your password.
6. Your Use of the Quammy Content
Quammy authorizes you to download, view, and print a copy of the Quammy Content, solely for your personal and non-commercial purposes, and subject to the restrictions set forth in these Terms of Service.
7. Quammy Property
All right, title, and interest in and to the Site, Quammy Content, and Services are and will remain the exclusive property of Quammy and its licensors. The Site, Quammy Content, and Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as expressly permitted in these Terms of Service, you may not reproduce, modify, or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Site, Quammy Content, or Services. You may not copy or modify the HTML code used to generate web pages on the Site. You may not use the Site, Quammy Content, or Services on or in connection with any other website, for any purpose.
Your Data does not include content that you contribute to Quammy's corporate weblog and support forums ("Posts"). By emailing, posting, submitting or uploading a Post, to the Site and through the Services, you automatically grant (or warrant that the owner of such rights has expressly granted) Quammy a worldwide, royalty-free, non-exclusive, sub licensable, perpetual, and irrevocable right and license to use, reproduce, modify, adapt, create derivative works of, perform, display, distribute, publish, and transmit your Post in any form, medium, or technology now known or later developed. In addition, you waive all so-called moral rights in your Post or warrant that they have been waived. Quammy has the right, but not the obligation, to monitor and edit, or remove content or Posts, in whole or in part. Quammy is not responsible for the accuracy, completeness, appropriateness, legality or applicability of content or Posts provided by others and Quammy does not endorse, support, sanction, encourage, verify, or agree with content or Posts others submit.
8. Quammy Mobile App
Subject to your compliance with these Terms of Service, Quammy grants you a non-exclusive and non-transferable license for you to Execute (as defined herein) the executable form of the Quammy mobile application (the "Quammy Mobile App") on an approved mobile device that you own or control (your "Device") for the purposes of accessing the Quammy Services. This license does not allow you to use the Quammy Mobile App on any Device that you do not own or control. Quammy reserves all rights in the Quammy Mobile App not expressly granted to you in this Agreement. For purposes of this Agreement, "Execute" and "Execution" means to load, install, and run the Application in order to benefit from its functionality as designed by Quammy. The copy of the Quammy Mobile App is licensed, not sold. You own the Device on which the Quammy Mobile App is recorded, but Quammy retains ownership of the copy of the Quammy Mobile App itself, including all intellectual property rights therein.
You acknowledge that Quammy may choose to issue upgraded versions of the Quammy Mobile App and may elect to do so automatically and electronically. You hereby agree and consent to such automatic upgrades and acknowledge that these Terms of Service will apply to any and all such upgrades, unless such upgrade is accompanied by a separate license.
The license granted under this Section 9 remains in effect for a period of 75 years, unless earlier terminated in accordance with these Terms of Service. You may terminate the license at any time by destroying all copies of the Quammy Mobile App in your possession or control. The license granted under these Terms of Service will automatically terminate, with or without notice from Quammy, if you breach any term of these Terms of Service. Upon termination, you must at Quammy's option either promptly destroy or return to Quammy all copies of the Quammy Mobile App in your possession or control.
9. General Prohibitions
You agree not to do any of the following while using or accessing the Site, Quammy Content, Services, or Your Data:
Post, publish, or transmit any text, graphics, or material that: (i) is false or misleading; (ii) is defamatory; (iii) invades another's privacy; (iv) is obscene, pornographic, or offensive; (v) promotes bigotry, racism, hatred, or harm against any individual or group; (vi) infringes another's rights, including any intellectual property rights; or (vii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
Access, tamper with, or use non-public areas of the Site, Quammy's computer systems, or the technical delivery systems of Quammy's providers;
Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
Attempt to access or search the Site, Quammy Content, or Your Data with any engine, software, tool, agent, device, or mechanism other than the software or search agents provided by Quammy or other generally available third party web browsers (such as Microsoft Internet Explorer or Mozilla Firefox), other than to retrieve Your Data by means that do not place an unreasonable load on the Site or inconvenience other users;
Send unsolicited email, junk mail, "spam", chain letters, or promotions or advertisements for products or services;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Quammy Content, Services, or Your Data to send altered, deceptive, or false source-identifying information;
Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Site, Quammy Content, Services or Your Data;
Copy (except in the course of loading or installing) or modify the Quammy Mobile App, including but not limited to adding new features or otherwise making adaptations that alter the functioning of the Quammy Mobile App;
Transfer, sublicense, lease, lend, rent or otherwise distribute the Quammy Mobile App to any third party;
Make the functionality of the Quammy Mobile App available to multiple users through any means, including but not limited to by uploading the Quammy Mobile App to a network or file-sharing service or through any hosting, application services provider, service bureau, Quammy Mobile App -as-a-service (SaaS) or any other type of services;
Interfere with, or attempt to interfere with, the access of any member, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site; or Impersonate or misrepresent your affiliation with any person or entity.
Quammy will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Site security issues, to the fullest extent of the law. Quammy may involve and cooperate with law enforcement authorities in prosecuting members who violate these Terms of Service. You acknowledge that Quammy has no obligation to monitor your access to or use of the Site, Quammy Content, Services, or Your Data, but has the right to do so for the purpose of operating the Site, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
10. Feedback
Quammy encourages Members to evaluate and test the Site, Quammy Content and Services, and provide Quammy with feedback, comments, and suggestions for improvements ("Feedback"). You hereby irrevocably grant Quammy a non-exclusive, sub licensable, royalty free, perpetual license to make, use, sell, copy modify, distribute, and perform any and all Feedback that you provide. You will not earn or acquire any rights or licenses in the Site, Quammy Content, or the Services on account of this Agreement or your performance under this Agreement.
11. Digital Millennium Copyright Act Compliance
Quammy respects the intellectual property rights of others and expects our members to do the same. Unauthorized copying, modification, distribution, public display, or public performance of a copyrighted work is an infringement of the copyright holder's rights.
12. Links
The Site may contain links to third party websites or resources. You acknowledge and agree that Quammy is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Quammy of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
13. Termination
If you violate any of these Terms of Service, your permission to use or access the Site, Quammy Content, Services, or Your Data will automatically terminate. Quammy reserves the right to change or revoke your access to and use of (or to generally alter or cease providing) the Site, Quammy Content, Services, Your Data, or any part thereof, at any time, with or without cause but if Quammy does revoke your access, Quammy will provide you with notice.
14. Use of the Site at Your Own Risk
Your access to and use of the Site, Quammy Content, Services, or Your Data is at your own risk. Quammy will have no responsibility for any harm to your computer system or wireless device, loss of data, or other harm that results from your access to or use of the Site, Quammy Content, Services, or Your Data. You agree to use the Service, including but not limited to having Quammy retrieve your Cell Phone Data, only where permitted by the applicable third party providers and wireless carriers.
You acknowledge and agree that you should not rely on the Site, Quammy Content, or Services for any reason. You further acknowledge and agree that you are solely responsible for maintaining, backing up, and protecting all of Your Data.
15. The Site is Available "AS-IS"
THE SITE, QUAMMY CONTENT, AND SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY ACKOWLEDGE AND AGREE THAT USE OF THE SITE, QUAMMY CONTENT, AND SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. WITHOUT LIMITING THE FOREGOING, QUAMMY EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
QUAMMY DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE, QUAMMY CONTENT, AND SERVICES AND QUAMMY MAKES NO WARRANTY THAT THE SITE, QUAMMY CONTENT, OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS OR THAT DEFECTS WILL BE CORRECTED. QUAMMY MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION OBTAINED THROUGH THE SITE, QUAMMY CONTENT, OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE, CONTENT, SERVICES, OR YOUR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM QUAMMY OR THROUGH THE SITE, QUAMMY CONTENT, SERVICES, OR YOUR DATA WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SHOULD THE SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
16. Indemnity
You agree to indemnify and hold harmless Quammy, its officers, directors, employees, and agents, from and against any third party claims, demands, disputes, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Quammy Content, Services, or Your Data or your provision of Cell Phone Data or your violation of these Terms of Service or the rights of another party.
17. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, QUAMMY WILL NOT BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APPLICATION, HOWEVER CAUSED, RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, QUAMMY CONTENT, SERVICES, OR YOUR DATA, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT QUAMMY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT QUAMMY IS NOT LIABLE FOR: (1) THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER MEMBERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU; (2) ANY THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICES; (3) ANY HARM RESULTING FROM USE OF YOUR CELL PHONE DATA, OR CONNECTIONS AS SET FORTH IN THIS AGREEMENT; OR (4) ANY EFFECTS THAT YOUR USE OF THE SITE, QUAMMY CONTENT, SERVICES, OR CONNECTIONS HAVE ON YOUR COMMERCIAL AND NON-COMMERCIAL RELATIONSHIPS WITH THIRD PARTIES.
YOU AGREE THAT THE AGGREGATE LIABILITY OF QUAMMY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE, QUAMMY CONTENT, OR SERVICES IS LIMITED TO THE LESSER OF ONE HUNDRED U.S DOLLARS ($100) OR THE AMOUNTS THAT YOU HAVE PAID TO QUAMMY DURING THE THREE MONTH PERIOD PRIOR TO SUCH CLAIMS, FOR ACCESS TO AND USE OF THE SITE, QUAMMY CONTENT, SERVICES, OR YOUR DATA. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN QUAMMY AND YOU.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
18. Severability
In the event that any provision of these Terms of Service is held to be invalid or unenforceable, the remaining provisions of these Terms of Service will remain in full force and effect.
19. Waiver
The failure of Quammy to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision.
20. Controlling Law and Jurisdiction
These Terms of Service and any action related thereto will be governed by the laws of the State of California without regard to its conflict of law provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Service will be the state and federal courts located in San Francisco County, California, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
21. Entire Agreement
These Terms of Service form the entire and exclusive agreement between Quammy and you regarding the Site, Quammy Content, Services (including but not limited to the Quammy Mobile App), and Your Data and these Terms of Service supersede and replace any prior agreements between Quammy and you regarding the Site, Quammy Content, Services, and Your Data.
If you have any questions about these Terms of Service, please contact Quammy at legal@quammy.com.
Quammy's Privacy Policy
1. Quammy Helps You To Manage Your Address-book and Find People
On your request, Quammy stores information ("Cell Phone Data") which Quammy obtains directly from you, your cell phone, your wireless service provider ("Wireless Provider"), your social network and/or your address book application.
Your Cell Phone Data, Quammy profile and any other personal information that you upload to Quammy with the exception of Posts (as defined below) are "Your Data."
Quammy will never intentionally share any of Your Data with any third party without your permission, except as set forth in these terms. The permissions you give Quammy are always under your control and you can delete your Quammy account and all of Your Data at any time.
By sharing and uploading Your Data, you grant Quammy a worldwide, non-exclusive, royalty-free, sub licensable and transferable license to use, reproduce, prepare derivative works of, display and perform Your Data in connection with the Site and the Services.
You acknowledge and agree that you are solely responsible for all of Your Data that you make available through the Site or the Services. Accordingly, you represent and warrant that: (i) you have all rights, licenses, consents and releases that are necessary to grant to Quammy the required rights in Your Data, as contemplated under these Terms of Service, including but not limited to permission from your contacts to upload their information to Quammy; and (ii) neither Your Data nor your posting, uploading, publication, submission or transmittal of Your Data or Quammy's use of Your Data (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You acknowledge and agree that, to provide you the Services, Quammy may interact with third parties such as your Wireless Provider, social networks and/or address book provider under your respective accounts. You hereby designate us your agent for those limited purposes. Actions we take with those companies on your behalf will be deemed to be actions taken by you. By providing or allowing Quammy to access Your Data, you are granting Quammy all of the necessary rights and permissions to provide the Services and build applications for you that are based on Your Data.
2. Billing and Fees
Quammy fees and payment terms may vary depending on your Wireless Provider, the application store you use to download the Quammy Mobile App or any other independent marketing platform. Fees and payment terms are provided to you by our distribution partners before you provide a means of payment.
You represent that you are the owner or authorized user of the wireless device you use to access the Quammy Mobile App and that you are authorized to approve any and all applicable charges. You agree and acknowledge that your Wireless Provider's standard message and data rates may apply in addition to any Quammy fees.
You agree to pay the applicable fees and any taxes and other fees that may accrue in relation to your use of the Site and Services, if any. All fees are non-refundable and non-transferable except as expressly provided in these Terms.
Quammy may change fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes.
If fees due to Quammy are not paid in a timely manner, or Quammy is unable to process your transaction using the information provided, Quammy reserves the right, and has the sole discretion, to suspend your access to your Quammy account. If any outstanding fees are not paid up within thirty (30) days from the date on which the fees become outstanding, Quammy, reserves the right, and has the sole discretion, to delete your Quammy account and delete Your Data.
Deactivating Your Account
You may deactivate your Quammy account at any time by logging in to the Site from any computer and selecting "Deactivate Account" from the "My Account" page or by visiting http://www.quammy.com/editsettings.php from your device. Quammy account deactivation is effective immediately and you will not be issued a refund for any previously charged fees. Uninstalling the Quammy Mobile App from your device will not deactivate your Quammy account. Until you login to the Site and deactivate your account as described above, Your Data, the Site and the Service will still be available to you, and you may continue to be charged according to the relevant fee schedule, if any.
3. Your Quammy Profile
You can use Quammy without registration. If you wish to register and create a profile, the only information Quammy requires is your valid email and a password.
Some fields, such as your name, job title, links to your public profile on social networks and photo (if any) are public and can be seen by anyone who searches for this exact information on Quammy.
Other fields, such as your address and email (if any) will only be updated in address-books of other Quammy members who already have your mobile phone number. However, if a Quammy member already has access to such private information, that member can use it to find your public profile. For example, a member whom you call without blocking your cell phone number will see the public section of your profile as part of Quammy's Caller ID feature.
4. Quammy Caller ID
When you opt in to Quammy, anytime you receive a call on your cell phone from a number that is not in your phone contacts, Quammy looks up the number in several public and proprietary databases, and if possible, returns the name, picture, job title and other information of the person or business that is trying to reach you.
By using Quammy you are hereby granting Quammy permission to display your public profile to other Quammy users when you call them. If you prefer not to grant Quammy such permission, or you do not have the permission of your contacts, do not opt in to Quammy. You can avoid displaying your public profile to other Quammy users during phone calls by blocking your number to before placing a call.
5. Guard Your Quammy Password
When you first login to Quammy.com on your PC or Mac, you will create a new password for use on the Quammy Site and mobile application. You are responsible for safeguarding the password that you use to access any secure areas of the Site. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify Quammy of any unauthorized use of your password.
6. Your Use of the Quammy Content
Quammy authorizes you to download, view, and print a copy of the Quammy Content, solely for your personal and non-commercial purposes, and subject to the restrictions set forth in these Terms of Service.
7. Quammy Property
All right, title, and interest in and to the Site, Quammy Content, and Services are and will remain the exclusive property of Quammy and its licensors. The Site, Quammy Content, and Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as expressly permitted in these Terms of Service, you may not reproduce, modify, or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Site, Quammy Content, or Services. You may not copy or modify the HTML code used to generate web pages on the Site. You may not use the Site, Quammy Content, or Services on or in connection with any other website, for any purpose.
Your Data does not include content that you contribute to Quammy's corporate weblog and support forums ("Posts"). By emailing, posting, submitting or uploading a Post, to the Site and through the Services, you automatically grant (or warrant that the owner of such rights has expressly granted) Quammy a worldwide, royalty-free, non-exclusive, sub licensable, perpetual, and irrevocable right and license to use, reproduce, modify, adapt, create derivative works of, perform, display, distribute, publish, and transmit your Post in any form, medium, or technology now known or later developed. In addition, you waive all so-called moral rights in your Post or warrant that they have been waived. Quammy has the right, but not the obligation, to monitor and edit, or remove content or Posts, in whole or in part. Quammy is not responsible for the accuracy, completeness, appropriateness, legality or applicability of content or Posts provided by others and Quammy does not endorse, support, sanction, encourage, verify, or agree with content or Posts others submit.
8. Quammy Mobile App
Subject to your compliance with these Terms of Service, Quammy grants you a non-exclusive and non-transferable license for you to Execute (as defined herein) the executable form of the Quammy mobile application (the "Quammy Mobile App") on an approved mobile device that you own or control (your "Device") for the purposes of accessing the Quammy Services. This license does not allow you to use the Quammy Mobile App on any Device that you do not own or control. Quammy reserves all rights in the Quammy Mobile App not expressly granted to you in this Agreement. For purposes of this Agreement, "Execute" and "Execution" means to load, install, and run the Application in order to benefit from its functionality as designed by Quammy. The copy of the Quammy Mobile App is licensed, not sold. You own the Device on which the Quammy Mobile App is recorded, but Quammy retains ownership of the copy of the Quammy Mobile App itself, including all intellectual property rights therein.
You acknowledge that Quammy may choose to issue upgraded versions of the Quammy Mobile App and may elect to do so automatically and electronically. You hereby agree and consent to such automatic upgrades and acknowledge that these Terms of Service will apply to any and all such upgrades, unless such upgrade is accompanied by a separate license.
The license granted under this Section 9 remains in effect for a period of 75 years, unless earlier terminated in accordance with these Terms of Service. You may terminate the license at any time by destroying all copies of the Quammy Mobile App in your possession or control. The license granted under these Terms of Service will automatically terminate, with or without notice from Quammy, if you breach any term of these Terms of Service. Upon termination, you must at Quammy's option either promptly destroy or return to Quammy all copies of the Quammy Mobile App in your possession or control.
9. General Prohibitions
You agree not to do any of the following while using or accessing the Site, Quammy Content, Services, or Your Data:
Post, publish, or transmit any text, graphics, or material that: (i) is false or misleading; (ii) is defamatory; (iii) invades another's privacy; (iv) is obscene, pornographic, or offensive; (v) promotes bigotry, racism, hatred, or harm against any individual or group; (vi) infringes another's rights, including any intellectual property rights; or (vii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
Access, tamper with, or use non-public areas of the Site, Quammy's computer systems, or the technical delivery systems of Quammy's providers;
Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
Attempt to access or search the Site, Quammy Content, or Your Data with any engine, software, tool, agent, device, or mechanism other than the software or search agents provided by Quammy or other generally available third party web browsers (such as Microsoft Internet Explorer or Mozilla Firefox), other than to retrieve Your Data by means that do not place an unreasonable load on the Site or inconvenience other users;
Send unsolicited email, junk mail, "spam", chain letters, or promotions or advertisements for products or services;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Quammy Content, Services, or Your Data to send altered, deceptive, or false source-identifying information;
Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Site, Quammy Content, Services or Your Data;
Copy (except in the course of loading or installing) or modify the Quammy Mobile App, including but not limited to adding new features or otherwise making adaptations that alter the functioning of the Quammy Mobile App;
Transfer, sublicense, lease, lend, rent or otherwise distribute the Quammy Mobile App to any third party;
Make the functionality of the Quammy Mobile App available to multiple users through any means, including but not limited to by uploading the Quammy Mobile App to a network or file-sharing service or through any hosting, application services provider, service bureau, Quammy Mobile App -as-a-service (SaaS) or any other type of services;
Interfere with, or attempt to interfere with, the access of any member, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site; or Impersonate or misrepresent your affiliation with any person or entity.
Quammy will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Site security issues, to the fullest extent of the law. Quammy may involve and cooperate with law enforcement authorities in prosecuting members who violate these Terms of Service. You acknowledge that Quammy has no obligation to monitor your access to or use of the Site, Quammy Content, Services, or Your Data, but has the right to do so for the purpose of operating the Site, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
10. Feedback
Quammy encourages Members to evaluate and test the Site, Quammy Content and Services, and provide Quammy with feedback, comments, and suggestions for improvements ("Feedback"). You hereby irrevocably grant Quammy a non-exclusive, sub licensable, royalty free, perpetual license to make, use, sell, copy modify, distribute, and perform any and all Feedback that you provide. You will not earn or acquire any rights or licenses in the Site, Quammy Content, or the Services on account of this Agreement or your performance under this Agreement.
11. Digital Millennium Copyright Act Compliance
Quammy respects the intellectual property rights of others and expects our members to do the same. Unauthorized copying, modification, distribution, public display, or public performance of a copyrighted work is an infringement of the copyright holder's rights.
12. Links
The Site may contain links to third party websites or resources. You acknowledge and agree that Quammy is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Quammy of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
13. Termination
If you violate any of these Terms of Service, your permission to use or access the Site, Quammy Content, Services, or Your Data will automatically terminate. Quammy reserves the right to change or revoke your access to and use of (or to generally alter or cease providing) the Site, Quammy Content, Services, Your Data, or any part thereof, at any time, with or without cause but if Quammy does revoke your access, Quammy will provide you with notice.
14. Use of the Site at Your Own Risk
Your access to and use of the Site, Quammy Content, Services, or Your Data is at your own risk. Quammy will have no responsibility for any harm to your computer system or wireless device, loss of data, or other harm that results from your access to or use of the Site, Quammy Content, Services, or Your Data. You agree to use the Service, including but not limited to having Quammy retrieve your Cell Phone Data, only where permitted by the applicable third party providers and wireless carriers.
You acknowledge and agree that you should not rely on the Site, Quammy Content, or Services for any reason. You further acknowledge and agree that you are solely responsible for maintaining, backing up, and protecting all of Your Data.
15. The Site is Available "AS-IS"
THE SITE, QUAMMY CONTENT, AND SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY ACKOWLEDGE AND AGREE THAT USE OF THE SITE, QUAMMY CONTENT, AND SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. WITHOUT LIMITING THE FOREGOING, QUAMMY EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
QUAMMY DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE, QUAMMY CONTENT, AND SERVICES AND QUAMMY MAKES NO WARRANTY THAT THE SITE, QUAMMY CONTENT, OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS OR THAT DEFECTS WILL BE CORRECTED. QUAMMY MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION OBTAINED THROUGH THE SITE, QUAMMY CONTENT, OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE, CONTENT, SERVICES, OR YOUR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM QUAMMY OR THROUGH THE SITE, QUAMMY CONTENT, SERVICES, OR YOUR DATA WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SHOULD THE SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
16. Indemnity
You agree to indemnify and hold harmless Quammy, its officers, directors, employees, and agents, from and against any third party claims, demands, disputes, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Quammy Content, Services, or Your Data or your provision of Cell Phone Data or your violation of these Terms of Service or the rights of another party.
17. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, QUAMMY WILL NOT BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APPLICATION, HOWEVER CAUSED, RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, QUAMMY CONTENT, SERVICES, OR YOUR DATA, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT QUAMMY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT QUAMMY IS NOT LIABLE FOR: (1) THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER MEMBERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU; (2) ANY THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICES; (3) ANY HARM RESULTING FROM USE OF YOUR CELL PHONE DATA, OR CONNECTIONS AS SET FORTH IN THIS AGREEMENT; OR (4) ANY EFFECTS THAT YOUR USE OF THE SITE, QUAMMY CONTENT, SERVICES, OR CONNECTIONS HAVE ON YOUR COMMERCIAL AND NON-COMMERCIAL RELATIONSHIPS WITH THIRD PARTIES.
YOU AGREE THAT THE AGGREGATE LIABILITY OF QUAMMY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE, QUAMMY CONTENT, OR SERVICES IS LIMITED TO THE LESSER OF ONE HUNDRED U.S DOLLARS ($100) OR THE AMOUNTS THAT YOU HAVE PAID TO QUAMMY DURING THE THREE MONTH PERIOD PRIOR TO SUCH CLAIMS, FOR ACCESS TO AND USE OF THE SITE, QUAMMY CONTENT, SERVICES, OR YOUR DATA. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN QUAMMY AND YOU.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
18. Severability
In the event that any provision of these Terms of Service is held to be invalid or unenforceable, the remaining provisions of these Terms of Service will remain in full force and effect.
19. Waiver
The failure of Quammy to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision.
20. Controlling Law and Jurisdiction
These Terms of Service and any action related thereto will be governed by the laws of the State of California without regard to its conflict of law provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Service will be the state and federal courts located in San Francisco County, California, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
21. Entire Agreement
These Terms of Service form the entire and exclusive agreement between Quammy and you regarding the Site, Quammy Content, Services (including but not limited to the Quammy Mobile App), and Your Data and these Terms of Service supersede and replace any prior agreements between Quammy and you regarding the Site, Quammy Content, Services, and Your Data.
If you have any questions about these Terms of Service, please contact Quammy at legal@quammy.com.
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