In these Terms
"Quill", "we", "our" or "us" means Quill Inc.
"User", "you" or "your" means an individual who visits or uses the Website.
"Website" means the website operated by Quill and available at https://www.quillpodcasting.com, and any of its regional or other domains or properties.
1. Overview
By accessing the Website, you agree to these Terms. If you do not agree, please do not use the Website.
We may amend these Terms from time to time by posting amended terms on the Website and updating the "last modified" date above. Your continued use of the Website after amended terms are posted means you accept them. Amended terms apply from the date they are posted and do not apply to any dispute that arose before that date.
The Website provides information about Quill, our podcast production and marketing services, and related resources such as articles, newsletters, webinars and guides. These Terms govern your use of the Website only. If you engage Quill to provide services, those services are governed by the master services agreement, statement of work or other written agreement between you (or your organization) and Quill (a "Services Agreement"), not by these Terms. If there is any conflict between these Terms and a Services Agreement, the Services Agreement prevails. CoHost, our podcast hosting and analytics platform, is governed by its own terms, available at https://cohostpodcasting.com/terms-and-conditions.
The Website is intended for adults and businesses and is not directed at children.
We may, from time to time, and without notice, change or add to the Website or the information, products or services described in it. However, we do not undertake to keep the Website updated. We are not liable to you or anyone else if any error occurs in the information on the Website or if that information is not current.
2. Using the Website
While using the Website, you will not attempt to or otherwise do any of the following:
- infringe any laws or third party rights;
- distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
- distribute viruses or any other harmful code;
- "frame", "mirror" or otherwise incorporate any part of the Website into any other website without our prior written authorization;
- attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Website;
- interfere with or disrupt the Website or its infrastructure, or bypass any measures we use to restrict access to it;
- harvest or otherwise collect information about Users, including email addresses, without their consent;
- use any robot, spider, scraper or other automated means to access, copy or collect content or data from the Website, including to train artificial intelligence or machine learning models, without our prior written consent;
- submit false or misleading information, or impersonate any person or organization.
3. Intellectual Property
The Website and its content, including text, graphics, logos, audio and video, are owned by Quill or its licensors and are protected by intellectual property laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable and revocable licence to view, print and share Website content for your personal or internal business purposes, provided you do not modify it or remove any copyright or other notices. Client podcasts, names, logos and trademarks shown on the Website belong to their respective owners. Except as permitted by law or these Terms, you may not copy, reproduce or use any Website content without our prior written permission.
It is our policy to respond to clear notices of alleged intellectual property rights infringement. If you believe that your intellectual property rights have been violated, please notify us by emailing admin@quillit.io and we will investigate.
4. Content and Third Party Links
When you submit content to us through the Website (for example, through a contact or submission form), you grant us a non-exclusive, worldwide, royalty-free licence to use that content for the purposes for which you submitted it and to operate the Website. You confirm that you have all rights needed to submit that content and that our use of it as described will not infringe anyone's rights.
Information on the Website may contain general information about legal, financial, health and other matters, including articles, guides, webinars, case studies and statistics, and general information about podcasting, marketing and related business matters. The information is not advice, and should not be treated as such. Results described on the Website are not a guarantee of the results you will achieve. You must not rely on the information on the Website as an alternative to professional advice. If you have specific questions about any matter you should consult your professional adviser.
The Website may contain links to other third party websites. We do not control the websites to which we link from the Website. We do not endorse the content, products, services, practices, policies or performance of the websites we link to from the Website. Use of third party content, links to third party content and/or websites is at your risk.
5. Suspension of Access
We may suspend, restrict or terminate your access to all or part of the Website at any time, without notice, including if we believe you have breached these Terms.
6. Privacy
Our collection, use and disclosure of personal information is described in our Privacy Policy, available at https://www.quillpodcasting.com/privacy-policy. Please review it to understand how we handle personal information.
7. Indemnity
To the extent permitted by law, you will indemnify us (and our officers, directors, agents, affiliates and employees) against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of these Terms, or your infringement of any law or the rights of a third party in the course of using the Website.
8. No Warranty
The Website and all content on it are provided on an 'as is' and 'as available' basis, without warranties of any kind, express or implied, including warranties of accuracy, availability, title, merchantability, fitness for a particular purpose and non-infringement, to the maximum extent permitted by law.
9. Limitation of Liability
In no event shall we, our affiliates or staff be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for:
- any indirect, special, incidental or consequential damages that may be incurred by you;
- any loss of income, business or profits (whether direct or indirect) that may be incurred by you;
- any claim, damage, or loss which may be incurred by you as a result of your use of, or inability to use, the Website.
The limitations on our liability to you above shall apply whether or not we, our affiliates or staff have been advised of the possibility of such losses or damages arising.
To the maximum extent permitted by law, our total liability to you for all claims arising out of or relating to the Website or these Terms will not exceed CAD$100. This Section does not apply to services provided under a Services Agreement, which are subject to the liability terms of that agreement.
Notwithstanding the above provisions, nothing in these Terms is intended to limit or exclude any liability on the part of us and our affiliates where and to the extent that applicable law prohibits such exclusion or limitation.
10. Law and Forum for Legal Disputes
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in it, and you submit to the exclusive jurisdiction of the courts of Ontario for any dispute arising out of or relating to the Website or these Terms, except where applicable consumer protection law gives you the right to bring proceedings in, or have the laws of, another jurisdiction apply.
11. General
The provisions of these Terms are severable, and if any provision of these Terms is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforced. These Terms may be assigned by us to an associated entity at any time, or to a third party without your consent in the event of a sale or other transfer of some or all of our assets. In the event of any sale or transfer you will remain bound by these Terms.
Our failure to act with respect to an anticipated or actual breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
Sections 3, 4, 7, 8, 9, 10 and 11 continue to apply after any suspension or termination of your access to the Website.
Quill's registered office is located at 18 King Street East, Suite 1400, Toronto, Ontario, M5C 1C4, Canada.
These Terms contain the entire agreement between you and Quill regarding your use of the Website. They do not replace or amend any Services Agreement.
12. Contact Us
If you have any questions about these Terms or if you wish to report breaches of these Terms, please email us at admin@quillit.io.