Website Terms of Use
These WEBSITE TERMS OF USE (Terms) are entered into by and between you and Signal From Noise llc, DBA QUIET MESSAGE, SFromN, or Quietmsg (and any corresponding web domains such as its .coms, .nets etc). These Terms govern your access to and use of Quiet Message's website www.quietmsg.com and all of its subdomains (collectively, the Website), including any content, functionality, and services offered on or through the Website (collectively, the Services) (the Website and Services shall be collectively referred to herein as the Technology).
1. Acceptance; Eligibility; Compliance; and Termination of Rights.
1.1 Acceptance of Terms
By accessing or using any of the Technology, you expressly agree to be subject to these Terms. If you do not agree to be subject to these Terms, you must not access or use any of the Technology. These Terms constitute the entire and only agreement between Quiet Message and you concerning your use of the Technology, and supersede all prior or contemporaneous agreements, representations, warranties, and understandings with respect to your access and use of the Technology.
1.2 Age and Eligibility Requirements
The Technology is only intended for users who are 18 years or older and who are capable of entering into legally binding contracts. If you are under 18 years of age or are incapable of entering into a legally binding contract, please do not access any of the Technology.
1.3 Compliance
You must use the Technology in compliance with all applicable laws and regulations, and all applicable third-party policies and agreements, including without limitation wireless data service agreements and any related third-party website policies and terms of use.
1.4 Termination of Rights
Your right to use any of the Technology terminates immediately if you violate any provision of these Terms.
2. Intellectual Property
2.1 Content and Marks
With the exception of content provided by you on the Technology, Quiet Message owns, licenses, or lawfully uses all of the content and works contained in the Technology including without limitation: (a) any text, software, graphics, photos, sounds, music, videos, designs, compilations, magnetic translations, digital conversion interactive features and the like (collectively, the Content); (b) any trademarks, service marks, trade dress, and logos, whether owned by Quiet Message or any third party (collectively, the Marks); and (c) any know-how, methodologies, equipment, or processes used by Quiet Message to provide the Technology (collectively, the Procedures). The Content, Marks, and Procedures are provided to you "as-is" solely for your personal non-commercial use via the Technology and may not be downloaded, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever not expressly permitted under these Terms without the prior written consent of Quiet Message. All rights not expressly granted under this subsection of these Terms are expressly reserved.
2.2 Licenses to Quiet Message and Waiver of Rights
You hereby grant to Quiet Message an irrevocable, royalty-free, worldwide, assignable, sub-licensable license to: (1) use any material or content that you submit on the Technology for the purpose of (i) operating the Technology, or (ii) marketing by Quiet Message by any means and in any available media, whether now known or yet to be developed; and (2) make any and all modifications to material or content that you submit on any of the Technology. You acknowledge and agree that you waive your moral rights to be identified as the author on any material or content identified under this subsection of these Terms.
2.3 Intellectual Property Complaints
Quiet Message respects the intellectual property rights of others and requires that anyone who uses any of the Technology do the same.
3. Indemnification.
You will defend, indemnify and hold harmless Quiet Message, and all of Quiet Message's employees, managers, members, officers, agents and other affiliates (collectively, the Affiliated Parties) from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses, including, without limitation, attorneys' fees, arising from: (a) your use or misuse of any of the Technology; (b) your violation of any term of these Terms; (c) your violation of any third-party right, including, without limitation, any intellectual property, property, personality, or privacy right; or (d) any claim that your use of any of the Technology caused damage to any third party. Your indemnity obligation under this section of these Terms survives these Terms and your use of any of the Technology.
4. Representations and Warranties
You represent, warrant and covenant that: (a) you are 18 years of age or older and are fully able to enter into, accept, and comply with these Terms; (b) all information and content you provide on the Technology is accurate and truthful; (c) you will not use, copy, or distribute in any medium, any part of the Content, Marks, or Procedures other than for purposes expressly provided for in these Terms; (d) you will not alter or modify any part of any of the Technology, nor circumvent, disable, or otherwise interfere with the security, copy-protection, or use- restriction features of any of the Technology, unless expressly permitted under these Terms; (e) you will not access any of the Technology through any technology or means other than as explicitly authorized by Quiet Message (e.g. via any automated system, including without limitation, "robots" or "spiders"); (f) you will refrain from any act or omission in relation to any of the Technology that is in breach of any law or regulation of any applicable jurisdiction; (g) you will not use any of the Technology for prohibited commercial uses including, without limitation, selling or distributing any account access information (i.e. username(s) and password(s)) for any of the Technology or copies of the Technology (in whole or part), unless expressly permitted in these Terms or by express written agreement with Quiet Message; (h) you will refrain from any act in relation to any of the Technology that will harm Quiet Message or any third party, including without limitation, your use, delivery or transmission of any viruses, unsolicited e-mails, trojan horses, trap doors, back doors, easter eggs, worms, time bombs, cancelbots, or computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information in relation to any of the Technology; (i) you will not to access without authority, interfere with, damage, or disrupt any part of the Technology, any equipment or network on which any Technology is stored, or any software used in the provision of the Technology; (j) you will refrain from any act that may infringe or breach the intellectual property rights, privacy rights, or other rights of Quiet Message, any Affiliated Party, or any other third party; (k) you will not use any of the Technology to submit to Quiet Message or any other person or entity, any information that may be deemed obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, or untrue; (1) you will adopt reasonable safety precautions to protect your account username(s) and password(s) for the Technology, and all other personal and payment information you possess; (m) you will ensure that any credit card information you supply to the Technology is true and complete; (n) you will ensure that any charges incurred by you on the Technology will be honored by your credit card company, and you will pay the charges you incurred on the Technology, including any applicable taxes.
5.1 Limitation of Liability
Your use of the Technology is at your sole risk. To the fullest extent permitted by law, Quiet Message disclaims all warranties, express or implied, in connection with your use of the Technology, and will in no event be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages, whatsoever resulting from:
Use of technology;
Reliance of information or content provided on the Technology;
Use of any third-party website linked from the technology;
Incompatibility or inaccessibility of the Technology;
Personal injury or property damage of any kind resulting from your use of the
Technology;
Interruption or unavailability of the Technology;
Inaccurate information posted on the Technology;
or bugs, viruses, or similar code which may be transmitted to or through the Technology.
5.2
Use of the Technology constitutes and represents the understanding and agreement by all users that any and all payments of any type, for any purpose are not eligible for a refund at any time, as a result of inherent limitations within the Technology. Users understand that in order to be able to offer services to users, it is not possible to verify use or lack of use, regardless of the user's reasoning for either, or, as a result of some error or glitch in service, processing of payment, internet connectivity issues, or for any other possible reason. Use of the Technology serves to signify the user's understanding and agreement that no refunds are available for purchases on the site, use is at the user's own risk, and all sales are final. The preceding liability limitations apply to the fullest extent permitted by law.
6. Third Parties
6.1 Third-Party Links.
The Technology may link to third-party websites and applications that are not owned or controlled by Quiet Message. Quiet Message does not endorse, has no control over, and assumes no responsibility for, without limitation, the content, terms of use, privacy policies, or practices of any third-party website or application. By using or accessing any of the Technology, you expressly relieve Quiet Message from any and all liability arising from your use of any third-party website or application accessed from the Technology. You acknowledge and agree that Quiet Message will not be a party to or in any way be responsible for monitoring any interaction between you and any third-party website or application linked from the Technology.
6.2 Third-Party Content.
Content on a third-party website or application linked from any Technology (collectively, Third-Party Content) is made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited without the authorization of such third-party website or application owner. Quiet Message is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to any Third- Party Content. Quiet Message does not endorse any content, opinion, recommendation, or advice expressed in any Third-Party Content. Quiet Message expressly disclaims any and all liability arising out of or relating to: (a) your use of any Third-Party Content; and (b) any Third-Party Content that is inaccurate, offensive, indecent, or objectionable. You expressly waive any legal or equitable rights or remedies you have or may have against Quiet Message and will indemnify and hold Quiet Message harmless to the fullest extent allowed by law regarding all matters related to your access and use of Third-Party
6.3 Third-Party Product and Service Providers.
Quiet Message may use third-party product and service providers to assist in the operation of the Technology including without limitation hosting, hardware, software, networking, storage, payment, and related technology required to provide the Technology (collectively, Third-Party Providers). Quiet Message will make a good faith effort to notify and assist in remedying any failure of any Third-Party Provider to provide any such services sufficiently, but Quiet Message will not be liable to you for any failure of a Third-Party Provider to provide any such service to the Technology.
6.4 Third-Party Software.
The Technology may include various third-party software components or software services (Third-Party Software) that are provided to you under separate license terms with owners of such Third-Party Software owners (collectively, Third-Party Terms). You are permitted to use Third-Party Software in conjunction with the Technology, provided that such use is consistent with these Terms and applicable Third-Party Terms. Nothing in these Terms is intended to impose further restrictions on your use of Third-Party Software in accordance with any Third-Party Terms.
7. Suggested Precautions
Quiet Message strongly suggests you adhere to the following precautions when using the Technology, namely:
Do not give out ANY sensitive or personal information about yourself or anyone else, to people you do not know, on the Technology or otherwise (including physical addresses, government issued identification numbers, credit card numbers, phone numbers, or any other piece of personally-identifiable information); Do not communicate with anyone you do not know on the Technology; and
If you receive a message from another platform i.e., an email or text message, from a sender you do not recognize who is asking you to perform certain act(s) on the Technology, to simply not respond, and to delete such uninvited communications in any instance wherein you do not elect to allow guest communications. Users understand that
this Technology is not intended for anonymous communication between unknown parties, and rather is intended for private communication between parties who are already acquainted. Accepting invitations or communication only from known parties allows for the distinction between private and anonymous communication. The only exception is when a user allows via personal preferences selected within the options dashboard to accept "guest" users. In such instances, user's accept all risks and responsibilities for such use, and holds Quiet Message blameless for any and all communications deemed by user to be inappropriate, harmful or undesired by any other user..
8. Enforcement After Termination.
All provisions of these Terms will survive termination of your use of the Technology, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
9. General Provisions.
9.1 Governing Law, Jurisdiction, and Dispute Resolution.
These Terms will be governed by and interpreted under the laws of the State of Washington. You and Quiet Message will conduct friendly negotiations to resolve any dispute arising from or out of these Terms, which may include mediation if requested by either party. Should mediation fail, you irrevocably consent to resolve any dispute or conflict arising out of or relating to the Terms by binding arbitration in Seattle, Washington by one (1) arbitrator through JAMS DISPUTE RESOLUTIONSSOCIATION'S COMMERCIAL ARBITRATION RULES AND MEDIATION PROCEDURES. SERVICES, and in accordance with the AMERICAN ARBITRATION ASSOCIATION'S COMMERCIAL ARBITRATION RULES AND MEDIATION PROCEDURES. Any judgment resulting from such a proceeding will be enforceable in any applicable state or federal Court. The party substantially prevailing in any such proceeding will be entitled to recover all costs and expenses of such proceeding, including reasonable attorney's fees and costs.
9.2 Transferability
These Terms will be binding on and inure to the benefit of you and Quiet Message and both parties' respective successors, assigns, heirs, and personal representatives. You will not assign or transfer any right or obligation under these Terms without the prior written consent of Quiet Message, and any attempted assignment without Quiet Message's prior written consent will be null and void. Quiet Message may transfer any rights or obligations under these Terms without your prior written consent.
9.3 Completeness and Severability.
These Terms and any other legal notices published by Quiet Message on the Technology constitute the entire Terms between you and Quiet Message concerning your use of the Technology. If any provision of these Terms is deemed invalid by a Court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which remain in full force and effect.
9.4 Waivers
No term or provision of these Terms will be considered waived by Quiet Message, and no breach excused by Quiet Message, unless such waiver or consent is in writing and signed by Quiet Message. The waiver by Quiet Message of, or consent by Quiet Message to, a breach of any provision of these Terms by you will not operate or be construed as a waiver of, consent to, or excuse of, any other or subsequent breach by you.
9.5 Other Definitional Terms, Terms of Construction
The words hereof, herein and hereunder and words of similar import when used in these Terms refer to these Terms as a whole and not to any particular provision of these Terms. The words include, includes and including shall be deemed to be followed by the phrase without limitation. Unless the context in which used herein otherwise clearly requires, or has the inclusive meaning represented by the phrase and/or. References to statutes, regulations, or laws include any amendments, modifications or replacements of such statutes, regulations or laws.
9.6 Terms and Website Modification.
Quiet Message reserves the right, at its sole discretion, to modify or replace any and all of the Terms, or change, suspend, or discontinue the Technology or any aspect or portion thereof, at any time by posting a notice on the Technology or sending you a notice through the Technology or by e-mail. Quiet Message may also impose temporary limits on certain features on the Technology or restrict access to portions or all of the Technology without notice. Quiet Message will not be liable to you for any changes or modifications to these Terms. Quiet Message suggests that you check these Terms periodically for changes. Your use of the Technology following Quiet Message's changes to the Terms constitutes your acceptance of such changes.
9.7 Questions.
Questions about these Terms should be sent to Quiet Message via e-mail to:
Support@quietmessage.com or via mail to:
SIGNAL FROM NOISE LLC,ATTN: WEBSITE TERMS OF USE QUESTIONS, at
522 W Riverside Ave STE N, Spokane, WA 99201-0581, UNITED STATES