Quokkie Terms of Use

Updated and Effective 11/18/2020

Introduction

These Terms of Use (“TOU”) apply to the Quokkie, Personal Deal Finder mobile application (“Quokkie” the “app”) owned and operated by Scout SAS (“we,” “us,” and “our”). These TOU set the rules for how users of the app (“you,” “your”) may interact with Quokkie.

Your Representations

As a visitor or user of the app. certain sections of this app may require you to register with the app, or otherwise may ask you to provide information to participate in certain features or access certain content. In addition to registration, You represent that you (a) are of a legal age, or the age of majority in your jurisdiction, sufficient to agree to these TOU in accordance with applicable law, (b) have read, understood, and agree to be bound by these TOU, and (c) have all rights, permissions, and authorizations necessary to upload and provide for us to use as contemplated under these TOU all documents, graphics, content, and other materials uploaded by you to Quokkie (collectively, “Content”).

Intellectual Property

You acknowledge that: (i) Quokkie, including all trademarks, service marks, logos, documents, graphics, content, and/or other materials viewed or obtained from or through Quokkie (“Materials”), are owned and/or licensed by Us and are protected by copyright and other intellectual property rights; and (ii) you have no rights to transfer, reproduce, or prepare any derivative works with respect to the Materials, or to disclose confidential information pertaining to the Materials. These TOU do not convey any rights of ownership in or related to the Materials or other intellectual property owned by Us.

Third Party Websites and Content.

Quokkie contains (or you may be sent through Quokkie to) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or IP Content"). Such Third Party Sites and Third Party Applications, Software or IP Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Us, and We are not responsible for any Third Party Sites accessed through Quokkie or any Third Party Applications, Software or Content posted on, available through or installed from Quokkie, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or IP Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or IP Content does not imply ownership, approval or endorsement thereof by Us.

We honor the intellectual property rights of others. If you believe that your work has been copied or used on Quokkie in a way that constitutes copyright or trademark infringement, please notify us at contact@quokkie.io

License

We grant you a personal, revocable, non-exclusive, non-transferable, limited right and license to access Quokkie provided that you comply with these TOU. You do hereby grant us a non-exclusive, perpetual, royalty-free, fully paid-up worldwide right and license to use your Content to operate our business and furnish Quokkie to you. You may not modify, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, scrape, mirror, or frame any Materials.

Use of Quokkie

Quokkie is provided solely for your own informational purposes. Any unauthorized use, including without limitation, any commercial use, is prohibited. You agree not to use Quokkie for any purpose that is unlawful or prohibited by these TOU, or any other purpose not reasonably intended by Us. You further agree to abide by all applicable local, state, national and international laws and regulations. Without limiting the generality of the foregoing, you will not, nor will you allow a third party to:

  1. Upload, post, e-mail or otherwise transmit any Content that:
    1. is unlawful, harmful, threatening, intimidating, abusive, harassing, tortuous, defamatory, derogatory, vulgar, explicit, obscene, libelous, invasive of another’s privacy, disrespectful, hateful, or racially, ethnically or otherwise objectionable;
    2. you do not have the right to transmit under applicable law or under contractual or fiduciary relationships;
    3. infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
    4. contains software viruses or worms or any other computer code, files or programs designed to disable, interrupt, destroy, redirect, monitor another user’s usage, limit or otherwise inhibit the functionality of any computer software or hardware or telecommunications equipment;
  2. not assign, sublicense, rent, timeshare, loan, lease or otherwise transfer Quokkie or the Materials, or directly or
  3. directly grant access to or permit any unauthorized party to access or use Quokkie or the Materials;
  4. decompile, disassemble, reverse engineer, copy, modify or create derivative works from Quokkie;
  5. impersonate any person or entity, including another user of Quokkie, or provide false information;
  6. view or attempt to view records or Content submitted by another user of Quokkie;
  7. use automated systems (e.g., robots, spiders, etc.) to access Quokkie;
  8. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content on or transmitted
  9. through Quokkie;
  10. discuss or incite illegal activity or solicit/post sexually explicit images;
  11. Interfere with or disrupt Quokkie or servers or networks connected to Quokkie, or disobey any requirements, procedures,
  12. policies or regulations of networks connected to Quokkie;
  13. Harvest, scrape, programmatically crawl, or collect any Materials; or
  14. remove any proprietary notices (e.g., copyright and trademark notices) from either Quokkie or the Materials.

Feedback

Quokkie may contain areas in which you may make statements, comments, suggestions, post reviews, or otherwise provide feedback to Quokkie (“Feedback“). Feedback is voluntary. We may use Feedback for any purpose without obligation of any kind in connection with our business, including for the purpose of enhancing Quokkie and other products and services.

Privacy

We are committed to maintaining the privacy of personal information you submit through Quokkie and maintain a Privacy Policy, which may be viewed at https://quokkie.io/privacy.html. We reserve the right to modify the Privacy Policy in accordance with the procedure outlined in that policy.

Changes to Quokkie

We may, in our sole discretion, add, change, discontinue or remove any portion or functionality of Quokkie at any time, or Quokkie as a whole, without notice.

Links

Quokkie may contain links allowing you to go to websites or other online services, including marketing partners and social networks that are not under our control (“Linked Sites”). Any such Linked Sites are provided for your convenience, and inclusion of links on Quokkie does not suggest any association, sponsorship, or endorsement of those Linked Sites. We are not responsible for the content or transmission of any Linked Site or for ensuring that the Linked Sites are error and/or virus free. These TOU and the Privacy Policy do not apply to the Linked Sites. Linked Sites may be subject to their own terms of use and privacy policies, and we encourage you to read them.

Indemnification

To the extent permissible by law, you will indemnify, defend, and hold harmless Us and our parents, subsidiaries, affiliates, officers, directors, managers, employees, agents, vendors, merchants, sponsors, providers, and licensors from any and all losses, deficiencies, judgements, damages, liabilities, costs, and expenses (including but not limited to reasonable attorneys’ fees and all related costs and expenses) incurred by them as a result of any claim, lawsuit, demand, cause of action, or proceeding brought by a third party arising from any or all of the following: (i) your access, inability to access, or use of Quokkie; (ii) any of your Content; (iii) breach of any of your obligations, representations, or warranties in these TOU; or (iv) your violation of any rights of another person.

DISCLAIMER OF WARRANTIES.

OTHER THAN AS EXPRESSLY SET OUT HEREIN, QUOKKIE AND THE MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. WE, OUR SUPPLIERS AND DISTRIBUTORS, SPECIFICALLY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY OF INFORMATION, NON-INFRINGEMENT AND TITLE. NO WARRANTY IS MADE THAT QUOKKIE WILL BE TIMELY, SECURE OR ERROR-FREE. IN JURISDICTIONS NOT ALLOWING THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OUR WARRANTY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAWS OF FRANCE.

Limitation of Liability

REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, TO THE EXTENT ALLOWED BY THE LAWS OF FRANCE, YOU UNDERSTAND AND EXPRESSLY AGREE THAT IN NO EVENT WILL WE OR OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS OR LICENSORS, BE LIABLE FOR: (I) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, DATA AND PROFITS, OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES; OR (III) TOTAL CUMULATIVE LIABILITY ARISING UNDER OR RELATED TO QUOKKIE, WHETHER IN CONTRACT, TORT OR OTHERWISE, IN EXCESS OF THE AMOUNTS PAID TO US FOR ACCESS OR USE OF QUOKKIE ON YOUR BEHALF DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVEN RISE TO LIABILITY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; IN THOSE JURISDICTIONS, OUR LIABILITY UNDER THE AGREEMENT SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. YOU UNDERSTAND AND AGREE THAT YOUR USE OF QUOKKIE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE US, ITS OWNER OR ITS AFFILIATES DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF QUOKKIE.

IN ALL CASES, NEITHER US NOR OUR SUPPLIERS NOR DISTRIBUTORS ASSUME ANY RESPONSIBILITY OR LIABILITY FOR ANY ERRORS OR OMISSIONS ON QUOKKIE OR WITH RESPECT TO MATERIALS, ANY FAILURES, DELAYS OR INTERRUPTIONS IN THE ACCESSIBILITY OF QUOKKIE, ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE QUOKIE OR THE MATERIALS, ANY CONDUCT BY OTHER USERS OF QUOKKIE, OR UNAUTHORIZED ACCESS TO OR USE OF QUOKKIE, THE MATERIALS OR SERVERS.

Notices

Any notices to you from Us regarding Quokkie or these TOU will be posted in Quokkie.

Applicable Law; Jurisdiction and Venue

We control Quokkie from our offices within France and make it available for use in the United States. We make no representation that the Content on Quokkie is appropriate, legal or available for use in other locations. You may not use or export the Content in violation of United States export laws and regulations. Any claim relating to Quokkie, the Materials, the services provided through Quokkie, or the Content shall be governed by the laws of France without reference to its choice of law provisions. If there is a dispute between you and us, you expressly agree that exclusive jurisdiction and venue reside in French courts.

Severability

if any of the part of these TOU is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these TOU shall continue in effect.

Assignment

We are permitted to assign, transfer, and subcontract its rights and/or obligations under these TOU without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

Digital Millennium Copyright Act If you believe that any Materials or Content infringes your copyright, you (or your agent) may send us notice requesting that such Materials or Content be removed. Notice must be provided in writing and must include the following information:

  1. A signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. Identification of the copyrighted work that you claim has been infringed;
  3. The location of the work you claim is infringing (e.g., URL) or enough detail that we may find it;
  4. Your name, address, telephone number, and e-mail address;
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Notices must be sent to: contact@quokkie.io

Modification

We reserve the right, in its sole discretion, to change these TOU at any time. We will provide notice to you of any changes by posting notice in Quokkie or otherwise as legally required. The “last updated” date indicates when the TOU were last revised. Your continued use of Quokkie after the TOU have been updated constitutes your agreement to any updated terms. If you do not agree to abide by these or any future TOU, then do not use or access (or continue to use or access) Quokkie. It is your responsibility to regularly check the Site to determine if there have been changes to these TOU and to review such changes.

If you have any questions regarding these TOU, please contact us at contact@quokkie.io.