Please read the following terms of service \("Agreement"\) before you install the Quick Dictionary application or use any of the products or services we provide through our application, software or website \(all of which are referred to collectively herein as the "Quick Dictionary"\). The terms of service constitute a binding legal agreement, which govern your use of the Quick Dictionary via any platform or device. By installing the Quick Dictionary application, visiting our website or installing or using any of the Quick Dictionary, you are accepting these terms of service. If you do not agree to these terms, please do not install our application, access our website or use any of our products or services.
THE QUICK DICTIONARY SERVICE
The Quick Dictionary software application, supporting files and accompanying documentation \(referred to collectively herein as the "Quick Dictionary application"\) is provided solely for your personal, noncommercial use. The videos, articles and other content that you choose to save may be protected by copyright and other laws. Please refer to the website you were visiting when you saved such content for copyright notices, information and restrictions that may be applicable to such content.
We respect the intellectual property of others, and we ask our users to do the same. The Quick Dictionary allow you to time-shift across devices and platforms so that you can access information later that you had the right to access when you saved such content to Quick Dictionary. As a condition to your use of the Quick Dictionary, you agree not to use the Quick Dictionary to infringe any intellectual property rights. We reserve the right, at any time, in our sole discretion, with or without notice, to terminate the accounts of, and block access to the Quick Dictionary to, any users who infringe any copyrights or other intellectual property rights.
LICENSE GRANT
Subject to the terms and conditions of this Agreement, we grant you a limited, non-exclusive, personal, nontransferable, non-sublicensable, noncommercial right and license to: \(1\) download and use a copy of the Quick Dictionary application; and \(2\) view and use the Quick Dictionary, including, without limitation, the products and services made available on or through the Quick Dictionary application or our website. No other right or license of any kind is granted to you hereunder with respect to the Quick Dictionary. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise, any license or other grant of right to use any patent, copyright, trademark, service mark, trade secret or other intellectual property right, except as expressly provided herein. If you want to make commercial use of any of the Quick Dictionary, you must enter into a separate written agreement with us in advance. The license provided herein is effective until terminated. This license automatically terminates if you fail to comply with the terms and conditions of this Agreement. You agree that, upon such termination, you will destroy or permanently erase all copies of the Quick Dictionary.
Privacy Policy
The Service collects certain information that does not personally identify you \(Non PII\). This information includes, but is not limited to, device state information, unique device identifiers, device hardware and OS information and information relating to how the Services functionality.
We use Google Analytics Demographics and Interest Reporting. The privacy practices of these Google Analytics tools are subject to their own privacy policies. See Google Analytics Privacy Policy at: http://www.google.com/analytics/learn/privacy.html. You can opt-out of the Google Analytics Advertiser Features through the ads settings in your device, the ad settings for mobile apps and other available means \(such as: http://www.networkadvertising.org/choices/#completed and https://tools.google.com/dlpage/gaoptout/\).
If we use other analytics service provider, we will post or send you a notice, and refer you to the privacy policy of that provider.
We use anonymous, statistical or aggregated information and may share it with our partners for legitimate business purposes. It has no effect on your privacy, because there is no reasonable way to extract data from the aggregated information that can be associated with you. We will share your identifiable information only subject to the terms of this policy, or subject to your prior consent.
In addition, when you use our Service, certain third parties such as Google and Facebook \(Third Party Services\) may interact with you and collect Personally Identifiable Information \(PII\) related to you for the purpose of providing their targeted advertising services. We do not control the Third Party Services or use of your PII. how they interact with you. We encourage you to review the privacy policies of the Third Party Services, to learn more about their privacy practices and your rights related to their use of your PII.
Below is a list of the Third Party Services:
Google: http://www.google.com/policies/privacy/ ; http://www.google.com/policies/privacy/partners/.
OWNERSHIP
The Quick Dictionary, including, but not limited to, the Quick Dictionary application and all other programs, text, graphics, files and other content are owned and copyrighted by Developers of Quick Dictionary and its licensors, and are protected worldwide. We retain all right, title and interest in and to the Quick Dictionary and any portion thereof, including, without limitation, all patent rights, copyrights, trademarks \(including without limitation Quick Dictionary, the Quick Dictionary logo and the rainbow bar\), service marks, trade secrets and other intellectual property rights, any derivative work of the Quick Dictionary, and any Update, and any copies thereof, regardless of the form or media in or on which the original or other copies may subsequently exist. For purposes of this Agreement, "Update" shall mean any modification, error correction, bug fix, new release, upgrade, patch or other update to or for the Quick Dictionary application. You agree to take any action reasonably requested by us to evidence, maintain, enforce or defend the foregoing. You shall not take any action to jeopardize, limit or interfere in any manner with our ownership of and rights with respect to the Quick Dictionary, or any derivative work or Update. This license is not a sale of the original or any backup copy. All rights are reserved unless otherwise noted.
LICENSE RESTRICTIONS
Your access to and use of the Quick Dictionary is subject to this Agreement and all applicable laws and regulations. You may not: \(1\) modify, translate, reverse engineer, decompile, disassemble, or create any derivative works based on theQuick Dictionary, including any of its files, tables or documentation, or any portion thereof, or determine or attempt to determine any source code, algorithms, methods or techniques embodied in the Quick Dictionary application or any portion thereof; \(2\) distribute, license, transfer, or sell, in whole or in part, any of the Quick Dictionary or any derivative works thereof; \(3\) market, rent or lease the Quick Dictionary for a fee or charge, or use the Quick Dictionary to advertise or perform any commercial solicitation; \(4 \) use the Quick Dictionary to upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another\'s computer; \(5\) interfere with or attempt to interfere with the proper working of the Quick Dictionary, any transactions being offered in connection with the Quick Dictionary or any other activities conducted by us, disrupt our website or any networks connected to the Quick Dictionary, or bypass any measures we may use to prevent or restrict access to the Quick Dictionary; \(6\) exploit the Quick Dictionary in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity; \(7\) use any robot, spider, scraper, or other automated means to access our website or proprietary work for any purpose without our prior written permission; \(8\) use the Quick Dictionary to collect or harvest personal information about other users of theQuick Dictionary; \(9\) take any action that imposes or may impose an unreasonable or disproportionately large load on our infrastructure; \(10\) share any videos, articles or other content with any unreasonably large number of persons, including without limitation sending blast communications to a large number of recipients or sharing content with persons you do not know or who do not know you; \(11\) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; \(12\) use the Quick Dictionary, or any other services, products, or downloads available in connection with the Quick Dictionary for illegal purposes; \(13\) represent that you are the owner of any of the Quick Dictionary, including any of its individual files, drawings or documentation; \(14\) remove or alter any proprietary notices, labels, marks or identifying information of any kind on the Quick Dictionary; \(15\) incorporate the Quick Dictionary or any portion thereof into any other program or product; \(16\) use the Quick Dictionary for any purpose other than in accordance with the terms and conditions of this Agreement; or \(17\) copy or reproduce, in any form or by any means, any part of the Quick Dictionary \(except that you may make one copy of the Quick Dictionary application for archival or backup purposes only, provided that any such copy contains the copyright and proprietary notices in unaltered form\). We reserve the right to refuse service, terminate accounts or limit access to the Quick Dictionary in our sole discretion.
DISCLAIMER OF WARRANTIES
Reasonable efforts are taken to improve the accuracy and integrity of the Quick Dictionary, but we are not responsible for mistakes, out-of-date information, inaccuracies, typographical or other errors. Notwithstanding any other provision of this Agreement, we reserve the right to change, suspend, remove, or disable access to any of the Quick Dictionary, content, or other materials comprising a part of the Quick Dictionary at any time without notice. In no event will we be liable for making these changes. As a registered user in good standing, you may be provided with limited access to the videos, articles or other content saved to Quick Dictionary. Such access is provided as an accommodation only, and the items you save withQuick Dictionary may be deleted at any time and for any reason. We do not warrant, and will not have any liability or responsibility for, your use of Quick Dictionary or the products or services we provide. We may also impose limits on the use of or access to certain features or portions of the Quick Dictionary, for any reason and without notice or liability. Our website, products and services may be unavailable from time to time due to mechanical, telecommunication, software, and other failures. We cannot predict or control when such downtime may occur and cannot control the duration of such downtime.
THE QUICK DICTIONARY \(INCLUDING, WITHOUT LIMITATION, OUR APPLICATION, SOFTWARE, PRODUCTS, SERVICES AND WEBSITE\) ARE PROVIDED "AS IS" AND WITH ALL FAULTS. WE MAKE NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE COMPLETENESS, ACCURACY, ADEQUACY, SUITABILITY, FUNCTIONALITY, AVAILABILITY, OR OPERATION OF THE QUICK DICTIONARY. YOU ACKNOWLEDGE THAT WE DO NOT HAVE CONTROL OVER YOUR USE OF THE QUICK DICTIONARY, AND WE DO NOT WARRANT THE PERFORMANCE OR RESULTS THAT MAY BE OBTAINED THROUGH YOUR USE OF THE QUICK DICTIONARY. YOU ASSUME ALL RISKS AND RESPONSIBILITY FOR YOUR USE OF THE QUICK DICTIONARY AND FOR ANY LOSS OF OR ERRORS IN ANY DATA OR INFORMATION. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE QUICK DICTIONARY WILL NOT INFRINGE THE RIGHTS OF ANY THIRD PARTIES, NOR THAT THE QUICK DICTIONARY WILL BE AVAILABLE FOR YOUR ACCESS OR USE, NOR THAT OPERATION OF THE QUICK DICTIONARY WILL BE ERROR FREE OR UNINTERRUPTED. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN ADDITION, YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
LIMITATION OF LIABILITY
There are inherent risks in relying upon, using, or retrieving any information found on the Internet, and we urge you to make sure you understand these risks before using the Quick Dictionary or any website that provides you with access to the Quick Dictionary. YOUR USE OF THE QUICK DICTIONARY IS AT YOUR OWN RISK. NEITHER DEVELOPERS OF QUICK DICTIONARY, INC. NOR ANY OF ITS PARENTS, SUBSIDIARIES OR AFFILIATES, NOR ANY OF THEIR EMPLOYEES, OFFICERS OR DIRECTORS, SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES \(INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR INFORMATION OF ANY KIND, LOSS OF BUSINESS, LOST PROFITS, INTERRUPTION OF BUSINESS, COST OF COVER OR ANY OTHER DAMAGES\) ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE USE OR INABILITY TO USE THE QUICK DICTIONARY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
INDEMNIFICATION
You agree, at your own expense, to indemnify, defend and hold harmless Developers of Quick Dictionary, Inc., its parents, subsidiaries and affiliates, and their officers, directors, employees, agents, distributors and licensees, from and against any judgments, losses, deficiencies, damages, liabilities, costs, claims, demands, suits, and expenses \(including, without limitation, reasonable attorneys fees, expert witness fees and expenses\) incurred in, arising out of or in any way related to your breach of this Agreement, your use of the Quick Dictionary, or any of your other acts or omissions.
GOVERNING LAW AND JURISDICTION
This Agreement and your use of the Quick Dictionary are governed by the laws of India, without regard to its choice of law provisions. You agree that the courts of general jurisdiction located within Punjab,India , will have exclusive jurisdiction over any and all disputes arising out of or relating in any way to this Agreement or the Quick Dictionary.
Payment Information
Purchasing in-app items are available directly via Google Play. We do not take part in the purchase process, and we do not provide any warranty or assume any liability for the process. We do not collect or store any payment information from you. All purchases are final and are not refundable, except as required by law.
TERMINATION
This Agreement is effective unless and until terminated as expressly provided herein. We may terminate this Agreement at any time and may do so immediately without notice, without any liability to you, and accordingly deny you access to the Quick Dictionary, in our sole discretion, if you have failed or we suspect you have failed to comply with any term or provision of this Agreement. Upon any termination of this Agreement, you must promptly destroy all materials downloaded or otherwise obtained from us, as well as all copies of such materials. Termination of this Agreement shall not act as a waiver of any breach of this Agreement and shall not release you from any liability for breach of your obligations under this Agreement.
Upon the termination of a paid subscription, any of the data stored as part of your paid subscription \(including, for example, copies of content in your permanent library\), will be stored for 30 days. Following such 30 day period, we will have no obligation to save any such data.
ASSIGNMENT
This Agreement may not be assigned, in whole or part, whether voluntarily, by operation of law or otherwise, by you without our prior written consent. Subject to the preceding sentence, the rights and liabilities of the parties hereto is binding on, and shall inure to the benefit of, the parties and their respective successors and assigns. Any attempted assignment other than in accordance with this section shall be null and void.
ADVERTISEMENTS
We may include in the Service paid advertisements and advertorials on behalf of interested vendors, as well as endorsements and sponsorships. By clicking the advertisements you may be shifted to a service of the advertiser or receive any other messages, information or offers from the advertiser.
We are not responsible for such advertisements, the privacy practices of the advertiser or the content of their service, information, messages or offers. The advertisements and advertorials are not recommendations or encouragement by us, to procure the goods or services advertised. We did not test or review any of the goods or services featured on our site. The information that we present about these goods or services are from third parties from which we receive compensation.
You are solely responsible for your communication and interaction with advertisers and to all transactions taking place subsequently.
SEVERABILITY
If the application of any provision of this Agreement to any particular facts or circumstances shall be held to be invalid or unenforceable by an arbitration panel or a court of competent jurisdiction, then \(a\) the validity and enforceability of such provision as applied to any other particular facts or circumstances and the validity of other provisions of this Agreement shall not in any way be affected or impaired thereby, and \(b\) such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and reformed without further action by the parties to the extent necessary to make such provision valid and enforceable.
RELATIONSHIP OF THE PARTIES
Nothing contained in this Agreement shall be deemed or construed as creating a joint venture, partnership, agency, employment or fiduciary relationship between the parties. Neither party nor their agents have any authority of any kind to bind the other party in any respect whatsoever, and the relationship of the parties is, and at all times shall continue to be, that of independent contractors.
FORCE MAJEURE
We shall not be responsible or have any liability for any delay or failure to perform to the extent due to unforeseen circumstances or causes beyond its reasonable control, including, without limitation, acts of God, earthquake, fire, flood, embargoes, labor disputes and strikes, riots, war, novelty of product manufacture or other unanticipated product development problems, and acts of civil and military authorities.
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior or contemporaneous representations, discussions, proposals, negotiations, conditions, agreements and communications, whether oral or written, between the parties relating to the subject matter of this Agreement and all past courses of dealing or industry custom. No amendment or modification of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized signatory of Developers of Quick Dictionary and you.
You may not use, export, re-export, import or transfer the Quick Dictionary except as authorized by India law, the laws of the jurisdiction in which you obtained the Quick Dictionary, and any other applicable laws. In particular, but without limitation, the Quick Dictionary may not be exported or re-exported: \(a\) into any India embargoed countries; or \(b\) to anyone on the U.S. Treasury Departments list of Specially Designated Nationals or the U.S. Department of Commerces Denied Persons List or Entity List. By using the Quick Dictionary, you represent and warrant that you are not located in any such country or on any such list. You also may not use the Quick Dictionary for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.
We reserve the right to limit, in our sole discretion, the availability of the Quick Dictionary or any portion thereof, to any person, geographic area, or jurisdiction, at any time.
REVISIONS TO AGREEMENT
We may, at any time, and without notice, revise this Agreement. If we modify the Terms of Service, we will post the modification on our website, through the Quick Dictionary, or otherwise provide you with notice of the modification. Prior to each usage of the Quick Dictionary, you should review the Terms of Service to determine the current Agreement to which you are bound. For your convenience, we include the effective date of the Agreement at the beginning of the document, so that you can easily ascertain whether it has been updated since the last time you viewed the Terms of Service. Your continued use of the Quick Dictionary constitutes acceptance of this Agreement at the time of each use. If the modified Terms of Service are not acceptable to you, your only recourse is to cease using the Quick Dictionary. Notwithstanding the preceding sentences of this paragraph, no revisions to the Terms of Service will apply to any dispute between you and Quick Dictionary that arose prior to the date of such revision. These Terms of Service may only be modified in writing as set forth in this paragraph, and may not be modified orally.
