Terms of Use
(Effective as of Feb 9, 2022)
Welcome to Quiet
Reader, an application (the “App”) operated by Safa
Ventures LLC (the “Company”).
The following Terms of Use (“Terms”) apply when you use the
App.
Please review these Terms carefully. By accessing
or using the App, you show you agree to these Terms. If you don’t agree to these Terms, you may not access or use the App.
ABOUT THE APP
Quiet
Reader is a free Mac app that lets you read articles (from your browser) or
text highlights (from any app) distraction-free. We take away all the ads,
notifications, tabs, and messy desktop so you can focus on what you're reading.
The services provided via the App are called the
“Service.”
When you install the App, you'll be asked to
provide your email.
Also, please note that the App is under
constant development. New features may be added frequently, so it’s important
to check back to this page for updates.
USE OF THE APP
You need to be at least 18 years old to use
the App.
You hereby affirm we have the right to
terminate your account with or without prior notice.
USE RESTRICTIONS
Your permission to use the App is conditioned
upon the following restrictions and conditions.
You agree that you will not:
·
use, display, mirror or frame the App or any individual
element within the App, Company’s name, any Company trademark, logo or other
proprietary information, or the layout and design of any page or form contained
on a page or within the App, without Company’s express written consent;
·
access, tamper with, or use non-public areas of the App,
Company’s computer systems, or the technical delivery systems of Company’s
providers;
·
attempt to probe, scan or test the vulnerability of any
Company system or network or breach any security or authentication measures;
·
avoid, bypass, remove, deactivate, impair, descramble or
otherwise circumvent any technological measure implemented by Company or any of
Company’s providers or any other third party (including another user) to
protect the App;
·
use any meta tags or other hidden text or metadata
utilizing a Company trademark, logo URL or product name without Company’s
express written consent;
·
use the App, or any portion thereof, for any commercial
purpose or for the benefit of any third party other than as permitted by these
Terms;
·
forge any TCP/IP packet header or any part of the header
information in any email or newsgroup posting, or in any way use the App to
send altered, deceptive or false source-identifying information;
·
collect or store any personally identifiable information
from the App or from other users of the App without their express permission;
·
impersonate or misrepresent your affiliation with any
person or entity;
·
sublicense,
resell, rent, lease, transfer, assign, time share, or otherwise commercially exploit
or make the App available to any third party;
·
use
the App for any unlawful purpose or for the promotion of illegal activities;
·
use
the App to attempt to, or harass, abuse or harm another person or group;
·
use
another user’s account without permission;
·
interfere
or attempt to interfere with the proper functioning of the App;
·
make
any automated use of the App, or take any action that we deem to impose or to
potentially impose an unreasonable or disproportionately large load on our
servers or network infrastructure;
·
attempt
to decipher, reverse engineer, decompile, or disassemble any portion of the App
or the software used to provide the Service;
·
bypass
any robot exclusion headers or other measures we take to restrict access to the
App or use any software, technology, or device to scrape, spider, or crawl the App
or harvest or manipulate data;
·
publish
or link to malicious content intended to damage or disrupt another user’s
browser, computer, or mobile device; or
·
encourage or enable any other individual to do any of the
foregoing.
MONITORING AND COMPLIANCE
Although the Company is not obligated to monitor access
to or use of the App, we have the right to do so for the purpose of operating
the App, to ensure compliance with these Terms, and to comply with applicable
law or other legal requirements. We reserve the right, but are not obligated,
to remove or disable access to the App, at any time and without notice,
including, but not limited to, if we, at our sole discretion, consider any use
of the App to be objectionable or in violation of these Terms. We have the
right to investigate violations of these Terms or conduct that affects the
Services. We may also consult and cooperate with law enforcement authorities to
prosecute users who violate the law.
INTELLECTUAL PROPERTY
You acknowledge and agree that the Company
and its licensors retain ownership of all intellectual property rights of any
kind related to the App, including applicable copyrights, trademarks, and other
proprietary rights. The Company reserves all rights that are not expressly
granted to you under these Terms.
FEEDBACK
We welcome and encourage you to provide feedback, comments, and suggestions for
improvements of the App (“Feedback”). You may submit Feedback by
emailing us at [email protected]. You
acknowledge and agree that if you submit any Feedback to us, you hereby grant
to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid,
royalty-free, sub-licensable (through several tiers) and transferable license
under any and all intellectual property rights that you own or control in
relation to the Feedback to use, reproduce, view, communicate to the public by
any means, print, copy (whether onto hard disk or other media), edit,
translate, perform and display (publicly or otherwise), distribute,
redistribute, modify, adapt, make, sell, offer to sell, transmit, license,
transfer, stream, broadcast, create derivative works from, and otherwise use
and exploit the Feedback for any purpose.
INDEMNIFICATION
You agree to indemnify, defend, and hold
harmless the Company from any and all claims, liabilities, expenses, and
damages, including reasonable attorneys' fees and costs, made by any third
party related to: (a) your use or attempted use of the App in violation of
these Terms; and (b) your violation of any law or rights of any third party.
ONLINE CONTENT DISCLAIMER
The Company does not guarantee the accuracy,
completeness, or usefulness of any information accessed via the App and neither
does the Company adopt nor endorse, nor is the Company responsible for, the
accuracy or reliability of any opinion, advice, or statement made by parties
other than the Company.
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
For contractual purposes, you (a) consent to
receive emails via the email address you have submitted when you sign up on the
App; and (b) agree that all Terms, agreements, notices, disclosures, and other
communications that the Company provides to you electronically satisfy any
legal requirement that such communications would satisfy if it were in writing.
The foregoing does not affect your non-waivable rights.
The
Company may also use your email address to send you other messages, including
information about the Company and App and special offers. You may opt out of
such email by changing your account settings or sending an email to [email protected].
WARRANTY DISCLAIMER
THE APP AND SERVICE ARE PROVIDED “AS IS,”
WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY
EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,
REGARDING THE APP AND SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY
AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO
WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE APP WILL BE
UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS
RESULTING FROM YOUR UPLOADING, DOWNLOADING, AND/OR USE OF FILES, INFORMATION,
CONTENT OR OTHER MATERIAL SENT TO OR OBTAINED FROM THE APP. SOME JURISDICTIONS
LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY
TO YOU.
LIMITATION OF DAMAGES; RELEASE
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN
NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS
LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR
DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) YOUR USE OR INABILITY TO USE THE
APP; (B) THE APP GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE APP AND
SERVICE AVAILABLE; OR (C) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER
USER OF THE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING
NEGLIGENCE), FRAUD, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY
HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET
FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO
EVENT WILL COMPANY’S LIABILITY TO YOU EXCEED $1. SOME JURISDICTIONS
LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT
APPLY TO YOU.
MODIFICATION OF TERMS OF USE
The Company can amend these Terms at any time.
It’s your responsibility to check the App from time to time to view any
such changes. If you continue to use the App, you show your agreement to
our revisions to these Terms. Any changes to these Terms (other
than as set forth in this paragraph) or waiver of the Company’s rights
hereunder shall not be valid or effective except in a written agreement bearing
the physical signature of an officer of the Company. No purported waiver
or modification of these Terms by the Company via telephonic or email communications
shall be valid.
PRIVACY POLICY
The Company respects the privacy of its
users. Please refer to our Privacy Policy (found here), which explains how we collect, use, and
disclose information that pertains to your privacy. When you access or
use the App, you show that you agree to this Privacy Policy.
GENERAL TERMS
If any part of these Terms is held invalid or
unenforceable, that portion of the Terms will be construed consistent with
applicable law. The remaining portions will remain in full force and
effect. Any failure on the part of the Company to enforce any provision of these
Terms will not be considered a waiver of our right to enforce such provision.
Our rights under these Terms will survive any termination of these Terms.
You agree that any legal action related to or
arising out of your relationship with the Company must commence within ONE year
after the cause of action accrues. Otherwise, such cause of action is
permanently barred.
These Terms and your use of the App and Service
are governed by the federal laws of the United States of America and the laws
of the State of Nevada, without regard to conflict of law provisions.
You
agree to resolve any claims relating to these Terms or the App through final
and binding arbitration. Any arbitration will be conducted by the American Arbitration Association (AAA) under its commercial arbitration
rules. The arbitration will be held in Nevada.
ARBITRATION MUST BE ON
AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR THE COMPANY MAY JOIN OR
CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS,
OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR
MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
If
you attempt to bring any legal action against the Company based in any way on
the App you agree that, in the event you do not prevail or the Company does
prevail, you will reimburse the Company for any costs and attorneys’ fees
associated with its defense of the action.
The Company may assign or delegate these
Terms and/or the Company’s Privacy Policy, in whole or in part, to any person
or entity at any time with or without your consent. You may not assign or
delegate any rights or obligations under the Terms or Privacy Policy without
the Company’s prior written consent, and any unauthorized assignment and
delegation by you is void.
APPLE APP STORE ADDITIONAL
LICENSE TERMS
If the App is provided to you through the Apple Inc. (Apple Inc. together with all
of its affiliates, “Apple”) App Store, the following terms and conditions apply
to you in addition to all the other terms and conditions of these Terms:
a) The parties acknowledge that Apple has no obligation to furnish any
maintenance or support services with respect to the App.
b) If any of the terms and conditions in these Terms are inconsistent or in
conflict with Apple’s applicable instructions for Minimum Terms for Developer’s
End User License Agreement, located at http://www.apple.com/legal/internet-services/itunes/appstore/dev/minterms/ (the “Apple EULA
Terms”) or the App Store Terms and Conditions, located at http://www.apple.com/legal/internet-services/itunes/ca/terms.html (the “Apple App
Store Terms”) as of the Effective Date, the terms and
conditions of the Apple EULA Terms or Apple App Store Terms, as applicable,
will apply to the extent of such inconsistency or conflict.
YOUR AGREEMENT
YOU ACKNOWLEDGE THAT YOU HAVE
READ THESE TERMS, UNDERSTAND THE TERMS, AND WILL BE BOUND BY THESE TERMS. YOU
FURTHER ACKNOWLEDGE THAT THESE TERMS TOGETHER WITH THE PRIVACY POLICY REPRESENT
THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT
SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER
COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.