Terms of Service
Welcome To Squirl! Squirl, Inc. a Delaware corporation (“Squirl,” “our,” “us,” or "we"), offers a proprietary service (including website properties and a mobile application and their respective features, collectively and as each may be updated from time to time, the “Service”) that is designed to let users discover books through real world locations in books. The term “you” refers to an end user of the Service.
You are only authorized to use the Service if you agree to abide by all applicable laws and this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should discontinue use of the Service immediately.
Representations About You. The Service is not designed for use by children under the age of 13, and we do not intentionally collect personal information from children through our Service. Thus, as a condition to using the App, you represent and warrant to us that you are at least 13 years of age. If you are 13 or older but under the age of 18, you must review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it and that they agree to it on your behalf. Also, you represent and warrant that the information that you provide to us about you in connection with the Service will be current, true, accurate, supportable and complete, and promise that you will update this information to keep it current.
Reservation of Rights With Respect To The Service. We reserve all rights in and to the Service and all related intellectual property not expressly granted under this Agreement. If you submit comments, suggestions, ratings, or other feedback regarding the Service (“Feedback”), you agree that we will be free to use such Feedback for any purpose and without restriction or obligation to you.
Restrictions On Use Of The Service. You may not: (a) rent, lease, lend, sell, redistribute, reproduce or sublicense access to the Service, (b) copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Service, or any part of the Service, or (c) use the account, username, or password of another User at any time, allow any other person to use your account or provide your passwords to any other person or entity. You may not exploit the Service in any unauthorized or unlawful way. If the above restrictions are prohibited by applicable law or by one of our license(s), then the activities are permitted only to the extent necessary to comply with the law or licenses.
Types of Accounts. There are different types of user accounts. Users may join the service as a reader user (“Readers”), which is the default account type. There are also accounts for verified book authors (“Authors”) and verified book publishers, or employees of book publishers (“Publishers”), who have access to certain additional features and functionality. Authors and Publishers must be invited or approved by Squirl. Readers, Authors and Publishers are collectively referred to as “Users” in this Agreement. All Users have the ability to upload and share certain Content (defined below) through the Service. There is currently no fee for Reader accounts and for basic Author accounts. We also offer Authors and Publishers access to premium features of the Service, including without limitation the ability to the ability to promote their books in a wider geographic area in exchange for a fee.
Explanation of License. The above license is non-exclusive (meaning you are free to license your Content to anyone else in addition to Squirl), fully-paid and royalty-free (meaning that Squirl is not required to pay you for its use of your Content), sublicensable (so that Squirl is able to use its affiliates and subcontractors to provide the Service), transferable (meaning that Squirl may transfer the license to a third party), irrevocable (meaning that you may not revoke or rescind such license for any reason once your Content is uploaded) and worldwide (because the Internet is and the Service may be global in reach).
Prohibitions Regarding Content. Any Content you provide in connection with the Service may not be malicious, defamatory, obscene, pornographic, abusive or threatening, or promote illegal or immoral activities. It is important to us that Users do not use the Service to infringe the rights of others. You represent to us that, to your knowledge (a) you have the right to share your Content via the Service, and (b) the posting and sharing of your Content via the Service does not violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person or entity.
Data. You acknowledge that Squirl owns all right, title, and interest in and to any data that is collected by us based on your use of and interaction with the Service, such as User behavior (“Data”). Squirl may use such Data for any lawful purpose without a duty of accounting, including without limitation (a) in order to provide the Service to you and other Users, (b) as necessary to monitor and improve the Service, and (c) to collect, develop, create, extract or otherwise generate statistics and other information and to otherwise compile, synthesize and analyze such Data (“Blind Data”), provided that Squirl agrees that it will not use the Data in any manner in which you would be identified.
Copyright Policy. If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please click here for our DMCA Policy and instructions on contacting our Copyright Agent.
Limitations on Availability. The Service or some aspects thereof may not be available in all languages or in all countries. We make no representation that the Service is available or permitted in any particular location. Use of the Service is void where prohibited. You use the Service at your own initiative and are responsible compliance with any applicable laws. We may also impose limits on the use or access to the Service as required by law.
Maintenance. We will use commercially reasonable efforts to provide Customer with access to a FAQ page regarding use of the Service and a reasonable amount of email support regarding use of the Service. Scheduled system maintenance shall take place from time to time, and during such time, the Service may be unavailable. Emergency maintenance may be required at other times in the event of system failure. We make no guarantees about Service uptime.
Mobile Application Terms. If you download one or more of our applications for a smart phone, tablet or other mobile device (each, an “App”), you explicitly agree to the following terms, and the terms of any End User License Agreement (“EULA”), if any, that may be offered by Squirl. If the App does not have a EULA, Squirl hereby grants you a non-exclusive, revocable, non-sublicenseable, non-transferable license to use the App in connection with the Service only and subject to the terms of this Agreement.
a) Acknowledgements Regarding Marketplace Providers. You understand that this Agreement is between you and Squirl and not with Apple, Inc. (“Apple”), Google Inc. (“Google”) or any other provider of a mobile application marketplace and that Squirl (not the marketplace provider) is responsible for the App. YOU ACKNOWLEDGE AND AGREE THAT NO OTHER PERSON OR ENTITY MAKES ANY WARRANTIES WHATSOEVER UNDER THIS AGREEMENT OR HAS ANY WARRANTY OBLIGATIONS WITH RESPECT TO THE APP. You acknowledge that marketplace providers have no obligation whatsoever to furnish any maintenance and support services with respect to the App or for addressing any claims relating thereto or your possession and/or use thereof, including, but not limited to (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar lesgislation. You further acknowledge that such providers have no responsibility for the investigation, defense, settlement or discharge of any third party intellectual property claims that the App or the Service or your use thereof infringes intellectual property rights.
b)iOS-Based Devices. The following terms only apply if you install the App on any iOS-based device. If you are using the App on an iOS-based device, this license is granted to you only as permitted by and subject to any applicable Usage Rules set forth in the Apple App Store Terms and Conditions (the “Usage Rules”). Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement. Upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary hereof.
c) Android-Based Devices. The following terms only apply if you install the Application on any Android-based device. If you are using the Application on an Android-based device, this license is granted to you only as permitted by and subject to any applicable Android Market Terms of Service established by Google.
Disclaimers and Limitations of Liability. This section is important – please read it carefully. It limits Squirl’s liability (and the liability of its affiliates) to you. These disclaimers and limitations apply only to the extent permitted by applicable law. Some jurisdictions do not allow disclaimers of implied warranties or limitations of liability, so this Section may not apply to you.
d) Disclaimer of Warranties. EXCEPT AS EXPRESSLY STATED ABOVE, THE SERVICE, ANY DOCUMENTATION, ANY SUPPORT OR OTHER SERVICES, AND ANY OTHER MATERIALS HERETO ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM, ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY.
e) Limitation of Liability. NEITHER WE NOR OUR AFFILIATES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER RELATED TO THE SERVICE. NEITHER WE NOR OUR AFFILIATES WILL HAVE LIABILITY TO YOU FOR DAMAGES IN EXCESS OF THE GREATER OF: (I) U.S. $50.00, OR (II) THE AMOUNT YOU PAID TO US FOR YOUR SUBSCRIPTION, IF ANY, IN THE 12 MONTHS PRIOR TO THE CLAIM. THE ABOVE LIMITATIONS APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Modifications. We may modify the terms of this Agreement from time to time. Any such modification shall be effective when we notify you of the modification (via an update to the terms delivered via email or through the Service) and you subsequently signify your acceptance or use the Service.
Supplemental Terms Generally. To enjoy certain aspects of the Service, additional terms may apply, for example the “Supplemental Terms Applicable to Premium Subscriptions” section below applies to an Author or Publisher subscribing for a premium version of the Service. We will present supplemental terms and conditions for review and acceptance at the time that you undertake the supplemental activity within the Service. Any such supplemental terms (each, “Supplemental Terms”) shall become a part of this Agreement. Supplemental Terms are different from Third Party Terms (defined below) in that Supplemental Terms relate to offerings provided by Squirl, whereas Third Party Terms relate to third party offerings. You acknowledge and agree that in the event of any conflict between the terms hereof and any Supplemental Terms, the Supplemental Terms shall govern with respect to the matters contemplated thereby.
Disputes Among Users. You are solely responsible for your interactions and transactions with other Users of the Service. You agree to look solely to such other Users for any claim, damage or liability associated with any communication or transaction via the service. YOU EXPRESSLY WAIVE AND RELEASE SQUIRL FROM ANY AND ALL CLAIMS, DAMAGES AND LIABILITIES ARISING OUT OF ANY ACT OR OMISSION OF ANY OTHER USER OR THIRD PARTY, INCLUDING WITHOUT LIMITATION DAMAGES RELATING TO PERSONAL INJURY OR DESTRUCTION OF PROPERTY. YOUR SOLE REMEDIES WITH RESPECT THERETO SHALL BE BETWEEN YOU AND THE APPLICABLE USER OR OTHER THIRD-PARTY. Squirl reserves the right, but has no obligation, to monitor disputes between Users.
Third Party Offerings. To enjoy certain third party offerings, certain third party terms (each, “Third Party Terms”) may apply. Third Party Terms will be presented for review and acceptance at the time that you undertake such activity within the Service, and any such Third Party Terms shall constitute an agreement between you and such third party. We are not responsible for such third party offerings.
Termination. This Agreement is effective until terminated as set forth herein. Your right to use or access the Service will terminate automatically without notice from us if you fail to comply with any term(s) of this Agreement. Upon termination of the Agreement, you shall cease all use of or access to the Service. You acknowledge that except to the extent we otherwise agree in writing or in the Supplemental Terms, we may restrict, modify, or terminate your access to the Service, without liability, for our convenience.
Export and Other Restrictions. You may not use or otherwise export or re-export the Service or elements thereof except as authorized by United States law and the laws of the jurisdiction in which the Service was accessed or obtained. By using the Service, you represent and warrant that you are not located in any such country or on any such list. The Service and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. The Services is being licensed to any U.S. Government users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
Consent to Receive Messages. We may need to communicate with you about the Service, and we would like to make certain commercial offers available to you from time to time. AS SUCH, YOU CONSENT TO RECEIVE COMMERCIAL MESSAGES (WHETHER BY PHONE, EMAIL, TEXT OR PUSH NOTIFICATIONS) FROM US OR OUR THIRD PARTY PARTNERS, AND ACKNOWLEDGE AND AGREE THAT YOUR PRIMARY PHONE NUMBERs AND EMAIL ADDRESSES AND OTHER INFORMATION MAY BE USED FOR THE PURPOSE OF INITIATING COMMERCIAL MESSAGES. We will allow you to opt out of receiving some of these messages, but in order to stop receiving any messages from us whatsoever (including administrative messages regarding the Service), you will need to terminate your account.
Miscellaneous. The laws of the State of Texas govern this Agreement and your use of the Service. Any suit to enforce this Agreement shall be brought exclusively in Harris County, Texas and the parties hereby submit to the personal jurisdiction of such courts and waive any venue objection. Use of the Service may also be subject to other local, state, national, or international laws. This Agreement constitutes the entire agreement between you and Squirl regarding use of or access to the Service. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. “Squirl” and all associated logos displayed within the Service are our trademarks (unless otherwise noted). This Agreement operates to the fullest extent permissible by law. We may freely transfer or assign this Agreement and any of our rights or obligations hereunder. You may not transfer or assign this Agreement or any of its rights or obligations hereunder without our prior written consent, and any attempt to do so shall be null and void. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
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