This Terms of Service is effective June 23, 2024.
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1. OUR SERVICES
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This Terms of Service (the “Terms”) governs your rights and responsibilities related to
QRzipper™’s services including all of QRzipper™’s websites, domains, apps, products,
services, features and marketing campaigns (the “Services”) if you have your ordinary place
of residence or establishment in the United States, Canada, or Australia. When you register
to use our Services, you become a “User/Collector” If you have chosen not to register for
our Services, you may still be able to access certain aspects of or made available by our
Services as a “Visitor.” By accessing or using our Services, you acknowledge and agree that
you have read, understand, and agree to be bound by these Terms as a legally binding
contract with QRzipper™ (even if you are using the Services on behalf of a company), so
please take a moment to read these legally binding Terms. If you are accepting these Terms and using the Services on behalf of a company, partnership, organization, or other legal entity, you represent and warrant that you are authorized to do so and that you have the authority to bind such entity to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to such entity. The collection, use, and sharing of your personal information is described in our Privacy Policy. Throughout these Terms, we use “QRzipper™”, “we”, “us” and “our” to refer to the companies offering our Services to you.
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2. JOINING THE QRzipper™
- a. Eligibility. You may use our Services only if you can legally form a binding contract with , and only in compliance with these Terms and all applicable laws. You can’t use the Services if (1) you are a child for whom consent is required to fully use the Services e.g., as is the case if you are under 13 pursuant to COPPA); (2) you are a registered sex offender in any jurisdiction or are otherwise subject to applicable law, order or legal action barring you from using or accessing an online service that permits use by minor children; (3) we previously disabled your Account for violations of these Terms or other of our Supplemental Terms or policies; (4) our Services are not directed to your geographic territory; or (5) you are otherwise prohibited by applicable laws from accessing or receiving our Services. We reserve the right to refuse registration for, access to, or use of our Services by any person or household at any time and for any reason.
- b. Becoming a User/Collector. When you register to become a User/Collector, you must provide us with accurate and complete information. We reserve the right to reject and terminate any registrations submitted with false or inaccurate registration information, or otherwise submitted in violation of these Terms.
- c. Account Types and Access. Users may create, operate, maintain, or otherwise use an account on the Services (“Account(s)”) for personal and/or business use. If you use our Business Services, which include but are not limited to creating or claiming a page that advertises or contains other information about your business (a “Business Page”), then you agree to our Business Services Terms , which are incorporated into these Terms. Each individual is limited to one Account per residence and each business is limited to one Account per business location. You are responsible for maintaining the security of your Account login information and you must keep such login information confidential. You are responsible for all activity that takes place under your Account. You should notify us immediately if you suspect or become aware of any unauthorized use of or access to your Account.
- d. Permitted Activities. You may use, access, search, interact with, or otherwise make use of our Services only for the purposes for which they are provided and by the means we make available (such as our website, apps, and APIs), and in each case subject to any Supplemental Terms we provide governing their permitted uses.
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3. OUR LICENSE GRANT TO YOU.
Subject to your complete and ongoing compliance with these Terms and all applicable
guidelines and policies, QRzipper™ hereby grants you a limited, non-exclusive, non-
transferable, non-sublicensable, and freely revocable license to access and use the Services
as provided herein. The foregoing license grant is not a sale of the Services or any portion
thereof, and QRzipper™ retains all of our right, title, and interest in the Services and all
copies thereof.
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4. RIGHTS YOU GRANT
- a. Generally. Some areas of the Services allow Users/Collectors to post, publish, submit, upload, transmit, or otherwise make available on the Services content such as profile pictures or information, photos, audio, images, music, videos, information, comments, likes, recommendations, questions, messages, and other content or information (“Content”) (any such Content that a User/Collector does make available or submit is referred to as “User/Collector Content”). You retain ownership of your User Content.
- b. License Grant to QRzipper™. You hereby grant to QRzipper™ a non-exclusive, transferable, fully sublicensable (through multiple-tiers), royalty-free, and worldwide license, to host, use, distribute, modify, copy, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of your User/Collector Content. We will exercise our rights in the foregoing license subject to your Account settings, the selections you make when posting your User/Collector Content, and as otherwise described in our Privacy Policy. You represent and warrant that you are the creator and owner of your User/Collector Content, or that you have the necessary licenses, rights, consents and permissions to authorize QRzipper™ to exercise the licenses granted by you in this section in the manner contemplated by these Terms.
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c. License Grant to Other Users. You also hereby grant each User of the Services a non-
exclusive license to access your User/Collector Content through the Services and to use,
reproduce, distribute, display, and perform such User/Collector Content as permitted
through the functionality of the Services and under these Terms.
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d. Use of Your User/Collector Content with Sponsored Posts. You give us permission to use
your name, profile picture, and information about your interactions with the Services next
to or in connection with ads, offers, and in connection with our efforts to promote
sponsored Content we display on the Services, with no additional compensation to you. We
may also post and repost information about your interactions with the Services, along with
your name and profile picture, in different areas of the Services from time to time, including
any of your User/Collector Content (such as recommendations) for a business in connection
with that business’s other ads and Business Pages on the Services. When doing so, we will
use your personal information in accordance with data protection laws and our Privacy
Policy.
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e. Feedback. We welcome you to share any feedback, suggestions, or ideas you have about
QRzipper™ and our Services with us (“Feedback”); You agree that in sharing your Feedback,
you hereby grant QRzipper™ an unrestricted, perpetual, irrevocable, non-exclusive,
sublicensable, transferable, fully-paid, royalty-free right to use the Feedback as we see fit
and in connection with any of our products and services now known or hereinafter
developed.
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f. Sharing Content. We invite you to share Content from QRzipper™ through our sharing
features, and the use of our privacy settings to blur User/Collector information when taking
a screenshot. Copying, sharing, or redistributing Content by any other means, including
through web scraping, is prohibited.
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g. Software. Using QRzipper™ may include downloading software to your computer, phone,
tablet, or other device. We may require you to accept updates to our Services that you have
installed on your computer or mobile device. You acknowledge and agree that we may
automatically update that software, and the then-current version of these Terms will apply
to any updates.
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5. BEING A GOOD User/Collaborator
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a. User Guidelines. At QRzipper™, we believe that Users’ behavior is the foundation of
healthy QRzipper™'s communities. We may limit the distribution of or remove Content that
we determine violates our requirements. We reserve the right to proactively moderate
Content, although we expressly disclaim any obligation to do so, and we can remove
Content, suspend, delete, or deactivate your Account, limit Account privileges, or otherwise
refuse service to you, if you violate ourrequirements, these Terms, or our other policies, or if
you infringe intellectual property, or otherwise engage in behavior that we think may harm
QRzipper™.
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b. Prohibited Conduct. Without limiting other restrictions contained in these Terms, you
agree that you will not, under any circumstances (i) gain or attempt to gain unauthorized
access to any part of the Services, including the Accounts of other Users (such through the
use of bots or other automations as well as the unauthorized use of legitimate User
credentials); (ii) interfere with, disrupt, or damage our Services or attempt to do the same
(such as by posting viruses, instigating a denial of service attack, or spamming Users); (iii)
attempt to gain access to or tamper with non-public areas of the Services, our computer
systems, and any technical delivery systems of our providers; (iv) attempt to prove, scan, or
test the vulnerability of our systems, networks, or Services, or breach any security or
authentication measure; (v) conduct facial recognition or other biometric analysis of the
Content (as defined below) posted on QRzipper™; (vi) develop, support or use software,
devices, scripts, robots or any other means or processes (including crawlers, browser
plugins, and add-ons or any other technology) to scrape the Services or otherwise copy
profiles and other data from the Services; or (vii) otherwise access or use the Services in an
unlawful or unanticipated manner. For clarity, any attempt to engage in any of the
behaviors listed in this section is also prohibited.
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c. Disputes Between Users; Waiver of Claims Against QRzipper™. In the real world and
online, neighbors sometimes disagree. If you have a dispute with another User, we hope
that you will be able to work it out amicably. However, if you can’t, please understand that
QRzipper™ is not responsible for the actions of our Users/Collaborators. Each of our
Users/Collaborators is solely responsible for their own actions and behavior, whether they
are using QRzipper™. Accordingly, you agree that QRzipper™ has no responsibility for the
conduct of Users or other third parties and, to the maximum extent permitted by applicable
law, you hereby release the QRzipper™ Entities (defined below) from losses, liabilities,
claims, demands, and damages (actual and consequential) of every kind and nature, known
and unknown, arising out of or in any way connected with disputes involving you and other
Users/Collaborators.
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6. NOTIFICATION PREFERENCES.
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a. Notifications. By default, you will receive notifications from QRzipper™ related to your
use of and interactions with the Services within the Services, to the email address to which
your Account is linked, and on your device or browser. You may also opt in to other kinds of
notifications. You can change your preferences about receiving messages from QRzipper™,
and customize your default notification settings. You can use these preference settings to
unsubscribe to certain notifications by email or text message.
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b. Invitations. You can use our Services to send individuals who are not Users invitations, such as by post mail, email, or text message, to register for the Services (“Invitations”). You acknowledge that these Invitations, which we may help to facilitate through our Services, are sent by you and not by QRzipper™, and Invitations sent by post mail are sent by QRzipper™ on your behalf. Such Invitations may identify you as the person inviting the user. You acknowledge that certain third-party fees, such as those from your mobile carrier or Internet service provider, may apply to the use and operation of your device in connection with your sending an Invitation and that you are solely responsible for any such third-party fees.
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c. Text Messages. QRzipper™ provides a text message service that provides Users/Collaborators with notifications relevant to their neighborhood, Account, or other Services, such as urgent alerts. QRzipper™ does not charge for our text notifications, but
your carrier may charge you for such messages. Text notifications may not be delivered if
your phone is not in range of a transmission site, or if sufficient network capacity is not available at a particular time. Further, factors beyond the control of the user’s wireless carrier or wireless internet provider may interfere with message delivery. You acknowledge that notifications may not be timely received and that neither QRzipper™ nor your wireless carrier guarantees that text notifications will be delivered. These notifications are not intended to replace any primary phone service, such as a traditional landline or mobile phone that may be used to contact emergency services. You acknowledge and agree that QRzipper™ is not liable, and you shall not seek to hold QRzipper™ liable, for any damages related to your use of the text notification service.
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7. PROMOTIONS.
Any sweepstakes, contests, raffles, games or similar (collectively, “Promotions”) made
available through and as part of the Services may have additional terms and conditions. If you participate in any Promotions, please carefully review our Privacy Policy . If and to the extent those rules conflict with these Terms or the Privacy Policy , the applicable Promotion rules will govern.
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8. THIRD-PARTY SITES AND SERVICES.
Our Services may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by QRzipper™. We don’t endorse or assume any responsibility for any such third-party websites, information, materials, products, or services. If you access any third-party website, advertisement, service, or other Content from QRzipper™, you do so at your own risk. QRzipper™ may not warn you that you are leaving the Services and are subject to the terms and conditions of another website or domain, which is not under the control of QRzipper™. You agree that QRzipper™ has no liability arising from your use of or access to any third-party website, service, or Content.
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9. CHANGES TO OUR SERVICE.
We may offer additional Services and product features, or add, change, or discontinue our existing Services and product features at any time and in any region, with or without notice to you. If you are dissatisfied, your sole remedy is to stop using our Services or the affected feature.
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10. RESTRICTIONS FROM OUR LICENSORS.
Some of the information and Services available through QRzipper™ are licensed from or supported by third parties.
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11. INDEMNIFICATION.
You agree to defend, indemnify, and hold QRzipper™ and our affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors harmless from any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, made by any third party due to or arising out of any and all of the following (a) your use of the Services; (b) your violation of these Terms; (c) your violation of applicable laws or regulations; (d) your violation of any rights of another party, including any Users/Collaborators; (e) your interactions with other Users/Collaborators; or (f) your User/Collaborator Content. We reserve the right to control the defense of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims and to not settle any claim without our prior written consent. You agree that the provisions of this section will survive any termination of your Account(s), the Terms, and/or your access to the Services.
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12. DISPUTE RESOLUTION.
If a dispute arises between you and QRzipper™, our goal is to provide you with a neutral and cost‐effective means of resolving the dispute quickly. Accordingly, if you have a dispute with QRzipper™, you agree to contact us and try to resolve the dispute informally before pursuing other avenues.
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13. GENERAL
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a. Term and Termination. The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect for as long as you access or use the Services, unless terminated earlier in accordance with the Terms.
- i. Termination by You. You may terminate these Terms with QRzipper™ at any time by deactivating your Account(s) and discontinuing your use of the Services.
- ii. Termination by QRzipper™. We may suspend, terminate, delete, or deactivate your Account(s) or stop providing you with all or part of the Services at any time for any or no reason, with or without notice, without liability to you.
- b. User Support. We care about your concerns, issues, thoughts, and suggestions. Please visit http://qrzipper.com/.
- c. Infringement. If you believe Content on the Services infringes your copyright, please contact us at
The Services and operated and provided to you by
QRzipper™, LLC
27 Charles Str.,
New Britain, CT
CustomerService@qrzipper.com
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d. Integration. These Terms, including our Business Services Terms as applicable, and other Supplemental Terms and policies referenced herein, constitute the entire agreement between you and us with respect to our Services, and supersede any other agreements or understandings (oral or written), except that in the event of any conflict between these Terms and Supplemental Terms the Supplemental Terms shall control solely with regard to the Services to which they apply.
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e. Updates. We reserve the right to amend these Terms and any Supplemental Terms at any time. We will notify you of any material changes as legally required (for example, by emailing you, or by posting an amendment notice in your neighborhood’s newsfeed). Such changes to the Terms and Supplemental Terms shall be effective immediately for new Visitors. Changes to applicable policies and guidelines are effectively immediately unless otherwise stated. If you keep using QRzipper™ after a change to Terms or any applicable Supplemental Terms is effective, you accept and agree to be bound by the new terms; if you disagree with the new terms, you must stop using the Services and delete your Account(s).
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f. Notices. Notice to QRzipper™ under these Terms must be in writing and sent to QRzipper™ using the relevant contact information set out in the introductory paragraph above. Notices will be deemed given upon personal delivery, upon delivery if by mail, or upon valid transmission through email.
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g. No Agency. These Terms do not create any agency, partnership, joint venture, joint controllership, employment or franchise relationship between you and QRzipper™.
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h. Miscellaneous. To the extent allowed by applicable law, the English version of these Terms is binding, and other translations are for convenience only. You may not assign any of your rights or obligations under these Terms without our prior written consent, which consent may be withheld in our sole discretion. If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions. Except as expressly provided in this Terms, this Terms are intended solely for the benefit of you, and is not intended to confer any benefits upon, or create any rights in favor of, any Person other than you. Our failure to act in a particular circumstance does not waive our right to act with respect to that or other circumstances. We shall be excused for any problem due to a circumstance beyond our reasonable control. You represent and warrant on an ongoing basis and at all relevant times that you are not, nor is any individual with access to your Account, nor is any entity or person that (directly or indirectly) owns, controls, or is affiliated with you, acts on your behalf or is otherwise associated with you, subject to financial, economic or trade sanctions or embargoes, or otherwise designated on any list of prohibited or restricted parties. or territories, including any such lists maintained from time to time by the United Nations Security Council, the UK Government, US Government, the Australian Government, the Canadian Government, the European Union or its Member states or any Member states of the European Free Trade Association, or other applicable government authority. In the event that, at any relevant time, the warranty outlined in the preceding sentence ceases to be true, complete, and accurate, you shall notify us immediately.