QuikFynd Terms of Service

Last modified: September 12, 2015

Acceptance of the Terms of Use

Thank you for using the QuikFynd software, website and services (collectively the “Service” or “Services”) provided by QuikFynd, Inc. (“QuikFynd”, "we" or "us"). The following terms and conditions together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of the Services, whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Service. By using the Service, you accept and agree to be bound and abide by these Terms of Use- and our Privacy Policy, also found at www.quikfynd.com/privacy, incorporated herein by reference. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. In that case, “you” and “your” will refer to that organization.

If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Service. 

QuikFynd Service is offered and available to users who are 13 years of age or older. By using this Service, you represent and warrant that you are of legal age to form a binding contract with QuikFynd and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Service.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them at www.quikfynd.com/terms, and apply to all access to and use of the Service thereafter. If a revision, in our sole discretion, is material we will notify you (for example via email to the email address associated with your account).

Your continued use of the Service following the posting of any revised Terms of Use means that you accept and agree to the changes. You are expected to check the Terms of Use posted at www.quikfynd.com/terms frequently so you are aware of any changes, as they are binding on you. If you do not agree to the new terms, your choice is to stop using the Services.

Accessing the Service and Account Security

We reserve the right to withdraw or amend this Service or material we provide via the Service, in our sole discretion without notice. We will not be liable if for any reason if all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Service.
  • Ensuring that all persons who access the Service through your internet connection are aware of these Terms of Use and comply with them.

    • To access the Service, you may be asked to provide certain registration details or other information. It is a condition of your use of the Service that all the information you provide to QuikFynd is correct, current and complete. You agree that all information you provide to register with this Service or otherwise, including but not limited to through the use of any interactive features on the Service, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

    You may choose a user name and a password as part of our security procedures. You must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Service or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.  Ultimately, you are responsible for maintaining the security and confidentiality of your user name, account and password and you are responsible for anyone accessing your user account using your user name and password.

    We have the right to disable any user account, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

    Intellectual Property Rights

    The QuikFynd Service and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by QuikFynd, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.  No right, title or interest in or to the Service or any content on the Service is transferred to you except as expressly stated herein, and all rights not expressly granted are reserved by the QuikFynd.

    These Terms of Use permit you to use the Service for your personal use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

  • Your computing device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your computing device for display enhancement purposes.
  • If we provide desktop, mobile or other applications for download (“Client Software”) you may download a single copy to your computer or mobile device solely for your own use, provided you agree to be bound by our end user license agreement for the Client Software.
  • If you use our Client Software, QuikFynd hereby grants you a limited, nonexclusive, nontransferable, non-sublicensable revocable license under QuikFynd’s copyrights to use the Client Software, solely to access the Services.  We hereby reserve all rights not expressly granted in these Terms. You must not reverse engineer or decompile the software, nor attempt to do so, nor assist anyone else to do so. Our Services may update the Client Software on your device automatically when a new version is available or you may be asked to download the latest version. It is your responsiblity to always have latest version of our Client Software on your devices.

    • If you breach these Terms of Use, your right to use the Service and license to any Client Software will cease immediately. Any use of the Service or the Client Software not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other intellectual property rigths.

    Trademarks

    The QuikFynd name, the QuikFynd logo and all related names, logos, product and service names, designs and slogans are trademarks of QuikFynd or its affiliates or licensors. You must not use such marks without the prior written permission of QuikFynd. All other names, logos, product and service names, designs and slogans on the Service are the trademarks of their respective owners.

    Prohibited Uses

    You may use the Service only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Service:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). 
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm the QuikFynd or users of the Service or expose them to liability.
  • In any manner that could disable, overburden, damage, or impair the service or interfere with any other party's use of the Service, including their ability to engage in real time activities through the Service.
  • Use any robot, spider or other automatic device, process or means to access the Service for any purpose, including monitoring or copying any of the material on theService.
  • Use any manual process to monitor or copy any of the material provided by the Service or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Service.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Service, or any server, computer or database used by the Service. 
  • Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.

    • User Contributions

    The QuikFynd Service may contain feedback, support questions & answers, forums and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Service.

    All User Contributions must comply with the Content Standards set out in these Terms of Use.

    Any User Contribution you post will be considered non-confidential and non-proprietary. By providing any User Contribution, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

    You represent and warrant that: 

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
  • All of your User Contributions do and will comply with these Terms of Use. 

    • You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not QuikFynd, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

     We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Service. 

    Monitoring and Enforcement; Termination

    We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Service or the public or could create liability for QuikFynd.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service. 
  • Terminate or suspend your access to all or part of the Service for any or no reason, including without limitation, any violation of these Terms of Use.

    • Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS QUIKFYND AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY QUIKFYND/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER QUIKFYND/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

    However, we cannot review all material before it is posted on the Service, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. 

    Content Standards

    These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization. 
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

    • Copyright Infringement

    We believe in respecting others’ intellectual property and we ask you do the same. If you believe that any User Contributions violate your copyright, please send us a notice of copyright infringement. It is the policy of the QuikFynd to terminate the user accounts of repeat infringers. 

    Information About You and Your Content

    All information we collect for providing this Service is subject to our Privacy Policy. By using the Service, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

    For providing the Services, QuikFynd indexes your files, folders and other information (together, “Your Content”). We don’t claim any ownership to your content and you retain full ownership to it. No rights are granted to QuikFynd to any of your intellectual property or to your content except for the limited rights required to provide the Services to you, as explained below.

    You provide us the permission to index names and meta-data about files and folder across your various devices and locations. You also provide us your permission to index content of files on your devices and to transfer your files from one device or location to another. We may need to create thumbnail previews or entire document previews of your files to offer you some of the features visible in our application. Some of the other features, not directly visible but needed to provide a technically superior solution require that we keep multiple copies of your index, we transfer files from your devices and we install application updates on your devices. You give us the permission to provide the Services to you. By giving us the permission you also allow us to extend this permission to our trusted third parties we work with to provide the Services to you.  Examples of trusted third parties are Amazon, which hosts our servers and Heroku, which provideds hosted infrastructure for us. Again, these permissions are granted only for providing the Services to you.

    To be clear, Your Content stays on your devices and our Service temporarily accesses Your Content to offer the Services to you.

    You are solely responsible for Your Content and your conduct while using the Services and QuikFynd is not responsible for accuracy, appropriateness, legality or completeness of Your Content or any other information you access using our Services.

    Third Party Content

    If our Service contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to our Service, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. Also, if we provide you with any software under an open source license, there may be provisions in those licenses that expressly conflict with these Terms, in which case the open source provisions will apply.

     

    Geographic Restrictions

    QuikFynd is incorporated in the state of Delaware in the United States. We provide this Service for use only by persons located in the United States. We make no claims that the Service or any of its content is accessible or appropriate outside of the United States. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

    Disclaimer of Warranties

    Though QuikFynd wants to provide a great service, there are certain things about the service we can’t promise. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Service will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

    YOUR USE OF THIS SERVICE OR ITEMS OBTAINED THROUGH THIS SERVICE IS AT YOUR OWN RISK. THE SERVICE, ITS CONTENT AND ANY ITEMS OBTAINED THROUGH THIS SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER QUIKFYNDNOR ANY PERSON ASSOCIATED WITH QUIKFYND MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER QUIKFYND NOR ANYONE ASSOCIATED WITH THE QUIKFYND REPRESENTS OR WARRANTS THAT THE SOFTWARE, WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICE OR ANY ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

    QUIKFYND HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

    THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

    Limitation on Liability

    IN NO EVENT WILL QUIKFYND, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.  

    IN NO EVENT WILL QUIKFYND, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES UNDER THESE TERMS OF USE OR FOR THE USE OF THE SERVICE IN EXCESS OF ONE HUNDRED DOLLARS ($1,00) IN THE AGGREGATE.

    THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

    Indemnification

    You agree to defend, indemnify and hold harmless QuikFynd, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Service, including, but not limited to, your User Contributions, Your Content, or other than as expressly authorized in these Terms of Use or your use of any information obtained from the Service.

    Governing Law and Jurisdiction

    All matters relating to the Service and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).

    Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delware . You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

    Waiver and Severability

    No waiver of by the QuikFynd of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the QuikFynd to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

    If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. 

    Entire Agreement

    The Terms of Use and, our Privacy Policy, constitute the sole and entire agreement between you and QuikFynd with respect to the Service and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Service. You may not assign any of your rights in these Terms, and any such attempt is void, but QuikFynd may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. QuikFynd and you are not legal partners or agents; instead, our relationship is that of independent contractors.