Last Updated: April 14, 2012
If you do not accept and agree to all provisions of the TOU, now or in the future, you may reject the TOU by immediately terminating all access and use of QUIKby, in which case any continuing access or use of QUIKby is unauthorized.
You are also required to comply with, and to ensure compliance with, all laws, ordinances and regulations applicable to your activities on QUIKby.
QUIKby is intended and designed for users 18 years of age and older, and access or use by anyone younger is not authorized.
The TOU grant you a limited, revocable, nonexclusive license to access QUIKby and use QUIKby, in whole or in part, including but not limited to QUIKby intellectual property therein, solely in compliance with the TOU.
"QUIKby" and "QUIKby Money" are trademarks of QUIKby and are protected by United States and international laws. The TOU do not authorize you to use "QUIKby," "QUIKby Money" or any similar or related marks (including, for example and without limitation, "QUIK," "Qby," "QUIKby" and "QUIKby Money") for any use pertaining to classified advertising, Internet advertising, social networks, online forums, online communication services or any similar or related use, or any other use that is likely to cause confusion on the part of, to cause mistake by or to deceive the public as to any affiliation, connection, association, origin, sponsorship, approval or endorsement by or with QUIKby.
QUIKby has the right, but not the obligation, to regulate content (which includes but is not limited to postings, text, code, images, video, binary files, ads, accounts, account information, flags, emails, messages and any other user communications ("content")) posted to, stored on or transmitted via QUIKby by any user (or any other third party in any manner); to regulate conduct (including but not limited to any authorized or unauthorized access to or use of QUIKby) by any user (or any other third party in any manner); and to enforce the TOU, for any reason and in any manner or by any means that QUIKby, in its sole discretion, deems necessary or appropriate (including but not limited to automated and manual screening, blocking, filtering, exclusion from index pages, exclusion from search results, requiring the use of an application programming interface (API), requiring the use of a bulk posting interface, authorization, verification, and the deletion and/or termination of content, account0s and/or all or any use or access). QUIKby may, in its sole discretion and without notice, start, stop or modify any regulation or enforcement measures at any time. QUIKby action or inaction to regulate content or conduct or to enforce against any potential violation of the TOU by any user (or any other third party) does not waive QUIKby's right to implement or not implement regulation or enforcement measures with respect to any subsequent or similar content, conduct or potential TOU violation.
You also understand and agree that any action or inaction by QUIKby or any of its directors, officers, stockholders, employees, consultants, agents or representatives (collectively, "QUIKby Representatives") to prevent, restrict, redress or regulate content, or to implement other enforcement measures against any content, conduct or potential TOU violation is undertaken voluntarily and in good faith, and you expressly agree that neither QUIKby or any QUIKby Representative shall be liable to you or anyone else for any action or inaction to prevent, restrict, redress, or regulate content, or to implement other enforcement measures against any content, conduct or potential violation of the TOU.
Although QUIKby Representatives may moderate content, conduct and TOU compliance on QUIKby at QUIKby's discretion, QUIKby Representatives have no authority to make binding commitments, promises or representations to anyone that they or anyone else on behalf of QUIKby will "take care" of any alleged problem or complaint, or that they or anyone else on behalf of QUIKby will otherwise stop, cure or prevent any problem, content, conduct or purported TOU violation from occurring or recurring. Accordingly, you further agree that any representation (written or verbal) by any QUIKby Representative (or by anyone else acting on behalf of QUIKby or by anyone purportedly acting on behalf of QUIKby) that QUIKby (including but not limited to any QUIKby Representative, anyone else acting on behalf of QUIKby, or anyone purportedly acting on behalf of QUIKby) would or would not prevent, restrict, redress or regulate content (including, without limitation, screen, block, moderate, review, remove, terminate, delete, edit or otherwise stop, cure or exclude any content), or to implement other enforcement measures against any content, conduct or potential or purported TOU violation is superseded by this provision and is nonbinding and unenforceable. Specifically, you agree that QUIKby, QUIKby Representatives and anyone else authorized to act on behalf of QUIKby shall in no circumstance be liable as a result of any representation that QUIKby, a QUIKby Representative or anyone else on behalf of QUIKby would or would not restrict or redress any content, conduct or potential or purported TOU violation. This paragraph may not be modified, waived or released except by a written agreement, dated and signed by QUIKby's Chief Executive Officer and dated and signed by the individual or entity to whom the modification, waiver or release is granted.
QUIKby also has the right in its sole discretion to limit, modify, interrupt, suspend or discontinue all or any portions of QUIKby at any time without notice. QUIKby and QUIKby Representatives shall not be liable for any such limitations, modifications, interruptions, suspensions or discontinuance, or any purported losses, harm or damages arising from or related thereto.