Ecquire Terms of Service

Below are the Terms of Service as of March 22, 2010.

Welcome to Ecquire, a mobile social utility that helps you share contact information easily when meeting someone. The Ecquire service and network (collectively, "Ecquire" or "the Service") are operated by Socardo, Inc. By accessing or using our web site at www.Ecquire.com or the mobile version thereof (together the "Site"), you (the "User") signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a registered member of Ecquire. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes. 

Acceptance of Terms of Service and Privacy Policy 

You may only use Ecquire's services and Website if you are prepared to agree to these Terms of Service and our Privacy Policy. It is important to read our Privacy Policy because we will be using your information for purposes of the Ecquire services in order to create your own account and profile.  If you agree, then please indicate this by clicking on the "I Accept" button as part of the registration process. If you don't agree, then please do not use our services. 

Description of Services 

These Terms of Service apply to all the Ecquire services, including any updated versions. The current list and type of services we offer are described in our Website at www.Ecquire. com. We may change the Ecquire services at any time and your continued use of the Ecquire services confirms your acceptance of such changes. We give you permission to use the Ecquire service, and Website, provided you remain in compliance with these Terms of Service. 

Account 

When you register you will be provided with a user ID and password. Please do not give your user ID or password to anyone else. You are solely responsible for maintaining the confidentiality of your user ID and password, and you are fully responsible for all activities that occur under your account. You also agree to notify Ecquire of any unauthorized use of your account or any other breach of security as soon as you become aware that such use or breach has occurred. In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account. 

Term and Termination 

You may continue to use the Ecquire services and Website for as long as you comply with these Terms of Service and pay any applicable fees. Ecquire reserves the right to suspend or terminate a customer's account at any time if there are reasonable grounds to suspect misconduct or breach of these Terms of Service, or for any other acts that Ecquire believes are harmful, or for failure to pay fees. You may end your use of the Ecquire services at any time. If you repeatedly cause issues or complaints that will increase the chances that we will terminate your use of our service. After a termination you will no longer have rights to access or use the Ecquire service or Customer Content. If Ecquire terminates its services there will be no liability for the loss or end of the services. 

Children 

The Ecquire service is designed for people over the age of 13. Children under the age of 13 may not use the service. In the event that Ecquire learns it has collected personal information belonging to someone under age of 13, Ecquire will delete that information from our database. If you believe that we have any information from or about a child under 13, please contact us at privacy@Ecquire.com. 

Customer Content and Restricted Activities 

You understand and agree that Ecquire has the right and option, but not the obligation, to review and monitor all Customer Content and that Ecquire can suspend, modify or delete any of your Customer Content if, in Ecquire's sole judgment, your Customer Content violates these Terms of Service or is otherwise offensive, inappropriate, illegal, or that might harm or threaten Ecquire or our other customers. You are responsible for any harm or liability caused by your Customer Content. The following is a list of the kinds of Customer Content and customer activity that are not permitted on the Ecquire service. It is not an exhaustive list ‚ there are likely other harmful types of content or activity that we will also block ‚ but these examples demonstrate the kinds of content that cannot be used with our service:

• text or images that are defamatory, libelous, harassing or threatening;
• text or photos that promote racism, bigotry, hatred or physical harm of any kind against      any group or individual;
• junk mail, chain letters, or unsolicited mass mailing or spamming;
• images or promotion of violent or illegal activities;
• images of nudity or pornographic or sexually explicit material;
• distribution or promotion of pirated products or images;
• no impersonating someone else or misrepresenting yourself;
• no automated services or any use that might place an undue burden on our systems;
• no harvesting of email addresses or account profiles.

Due to concerns relating to spam emails, we reserve the right to limit the number of messages that a Customer can send during any 24-hour period while using the Ecquire service.You may not monitor or copy any content or data on the Ecquire Website or services using any manual process, or any robot, spider, or other automatic device, without first obtaining Ecquire's prior written consent. 

Complaints 

If you are concerned about another customer's use of Ecquire's services or regarding any Customer Content, please contact us using our contact form. Please note that if your complaint relates to copyright issues, specific details are required (see below). 

Copyright and Trademarks 

Our Website and services, including all of the information, content, software and materials that goes into making our Website and service, including Customer Content and our databases, are protected by copyright and other laws. Customers are the owners of their own Customer Content, while Ecquire is the owner of the Ecquire service data and databases, the original content we create for our Website, and the software we provide for use with our service. Except for your personal, non-commercial use of our service or Website in accordance with its intended purposes, you may not copy, distribute, cache or otherwise use or commercialize in whole or in part our services or Website. You also agree not to remove, obscure, or alter Ecquire's or any other person's copyright notice, trademarks, or other proprietary rights notices. Ecquire reserves all rights other than the rights expressly granted in these Terms of Service. 

You and other Customers 

You are solely responsible for your interactions with other Ecquire customers. Ecquire reserves the right, but has no obligation, to monitor disputes between you and other customers. 

Links and Other Sites 

Like most other Websites and online services we link to other sites and services, including those of our advertisers. We don't control those other sites and services and so are not responsible for what they might do to you and don't endorse their products or services. Our service will also interact with other sites and services, including with your accounts at social networking sites like, but not limited to, facebook and myspace. You agree to comply with all the terms and conditions of those other sites and services when you use our service to interact with them. 

Fees

If you use any of our for-fee services, you agree to pay the fees applicable to your usage of such services. Please also note that some of our free services will result in additional charges from other service providers, such as your mobile phone carrier's charges for downloading files and messaging. 

Disclaimers 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE Ecquire SERVICES, WEBSITE AND SOFTWARE ARE PROVIDED "AS IS. " THE Ecquire SERVICE MAY BE UNAVAILABLE AT TIMES (E. G. , FOR MAINTENANCE OR DURING OUTAGES). YOUR USE OF OUR SERVICES, WEBSITE AND SOFTWARE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Ecquire AND ITS LICENSORS AND SUPPLIERS DISCLAIM ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR USE OF THE Ecquire SERVICE, WEBSITE AND SOFTWARE, INCLUDING ANY THIRD PARTY SOFTWARE OR SITE ACCESSED IN CONJUNCTION WITH OR THROUGH THE Ecquire SERVICE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Ecquire AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM (A) ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS; AND (B) ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE Ecquire SERVICE, WEBSITE AND SOFTWARE, INCLUDING ANY THIRD PARTY SOFTWARE OR SITE THAT YOU ACCESS. YOU UNDERSTAND AND AGREE THAT YOU USE THE Ecquire SERVICE AND SOFTWARE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM, PHOTOGRAPHS OR FILES OR LOSS OF DATA THAT RESULTS FROM THE USE OF Ecquire SERVICE OR SOFTWARE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION. 

Limitation of Liability 

UNDER NO CIRCUMSTANCES SHALL Ecquire OR ITS LICENSORS AND SUPPLIERS BE LIABLE TO ANY CUSTOMER FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. WE ARE NOT LIABLE FOR ANY LOSS OR CORRUPTION TO YOUR CUSTOMER CONTENT, INCLUDING LOSS OF YOUR PHOTOGRAPHS. THE MAXIMUM AGGREGATE LIABILITY OF Ecquire AND ITS LICENSORS AND SUPPLIERS SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100). SUCH LIMITATIONS SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. 

Indemnification 

You will defend us and hold us harmless from any liability arising from your conduct in using the Ecquire service (e. g. if you post a pirated photo it is your responsibility and you will defend us from any law suits from the owner of the photo), including any damages, loss, costs and expenses (including our lawyers fees and costs). 

Abide by the Law 

You agree to only use the Ecquire service in accordance with applicable laws, rules and regulations. 

International Use 

The Ecquire service is currently only available for customers living in the United States. We plan to introduce a service for users outside the US in the future, but until that launch international users are not permitted. 

Privacy Policy 

It is important that you have read our Privacy Policy, which is incorporated by reference into these Terms of Service. You acknowledge and agree to our Privacy Policy when you complete registration and use our services. 

Security and Back-Ups 

Ecquire uses standard security measures to protect against the loss, misuse and alteration of your account information and Customer Content. Although we make efforts to keep your account information and Customer Content in a secure manner, we cannot guarantee security. We cannot guarantee that our security measures will prevent "hackers" from illegally accessing our systems and databases. You are also responsible for keeping back-up copies of all data and Customer Content that you send to us. 

Third Party Service Providers 

We use other third parties who work on behalf of or with us to provide some of the services and features of Ecquire and to help us communicate with Users. We use other third parties to provide text messaging, email, analyzing data, and social network webpage lookup for Ecquire. When you sign up for Ecquire, we reserve the right to share the information specified in the Privacy Policy, as necessary for the third party to provide that service. Ecquire assumes no responsibility or liability for the information, collection, and disclosure practices of any of these third party sites. The following is an overview of the third party service providers with whom we work, the information we transmit to these parties, and links to each party’s terms of service. We strongly encourage you to review the privacy policies and terms of service of each of our third party service providers. Acceptance of our terms of service constitutes acceptance of the terms of the following third party service providers. Use of our service is subject to the terms of these third party service providers. PhindMe, LLC (http://www.phindme.net) We use PhindMe LLC to receive and process incoming and outgoing text messages. By using Ecquire, you will be a user of the PhindMe service. Your use of Ecquire constitutes acceptance of the PhindMe Terms of Service, as well as the PhindMe privacy policy (See our Privacy Policy for more information). The PhindMe Terms of Service can be found at https://www.phindme.net/termsPartners.aspx. Google(http://www.gmail.com) We use Gmail, a service of Google Inc., to receive, process, and store incoming and outgoing emails. Emails that contain your contact information are sent and stored by Google. Your use of Ecquire constitutes acceptance of the Google Terms of Service, as well as the Google privacy policy (See our Privacy Policy for more information). Google’s Terms of Service can be found at http://www.google.com/accounts/TOS. Rapleaf (http://www.rapleaf.com) In order to assist you in completing your Ecquire profile, we supplement the personal information you submitted to us with information from third party sources. To add social network website data to your Ecquire profile, we submit your email addresses to the Rapleaf service. Your use of Ecquire constitutes acceptance of the Rapleaf Terms of Service, as well as the Rapleaf privacy policy (See our Privacy Policy for more information). Rapleaf’s Terms of Service can be found at http://blog.rapleaf.com/tos/ Additionally, we are the only parties to these Terms of Service and no third party may claim to benefit from these terms and conditions. General Provisions These Terms of Service constitute the entire agreement between you and Ecquire regarding the use of the Ecquire service and Website, superseding any prior agreements or communications between us. The failure of Ecquire to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Service is held invalid, the remainder of these Terms of Service shall continue in full force and effect. If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions. Using Mobile Services Ecquire provides the ability for mobile phone/service customers to send electronic business cards to another user. Although we may not charge you a fee to use the SMS feature of our service, you may be charged to send and receive text messages by your carrier. Please contact your carrier to ask about SMS charges on your specific plan.User Feedback User may, but is not obligated to, provide Socardo reasonable suggestions, comments and feedback regarding the Deliverables, including but not limited to usability, bug reports and test results, with respect to testing of the Deliverables with Target Hardware or a User Product (collectively, "Feedback"). Any such Feedback received from User shall be deemed a grant of permission by User for Socardo to adopt and use such ideas or suggestions without additional consideration. By providing such Feedback, User automatically grants Socardo a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, any information contained in the Feedback alone or as part of other works in any form, media, or technology, whether now known or hereafter developed. To get help, email us at  support@Ecquire.com or call 1-610-212-1692.

Term/Termination of Web Hosting Agreement

a. The initial term of this Agreement shall be as set forth in the Order Form (the "Initial Term"). The Initial Term shall begin upon commencement of the Services to Customer. After the Initial Term, this Agreement shall automatically renew. ADDITIONALLY AFTER THE INITIAL TERM, YOU ACKNOWLEDGE, AGREE AND AUTHORIZE ECQUIRE TO AUTOMATICALLY BILL AND/OR CHARGE ON YOUR CREDIT CARD FOR SUCCESSIVE TERMS OF EQUAL LENGTH AS THE INITIAL TERM, UNLESS TERMINATED OR CANCELLED BY EITHER PARTY AS PROVIDED IN THIS SECTION. The Initial Term and all successive renewal periods shall be referred to, collectively, as the "Term."

b. This Agreement may be terminated

i. by either party by giving the other party thirty (30) days prior notice via email to registered emails at Ecquire (subject to an early cancellation fee payable by Customer as provided below),

ii. by Ecquire in the event of nonpayment by Customer, invalid credit card information, or suspected fraudulent activity. 

iii. by Ecquire , at any time, without notice, if, in Ecquire’s sole and absolute discretion and/or judgment, Customer is in violation of any term or condition of the this Agreement and related agreements, AUP, or Customer's use of the Services disrupts or, in Ecquire’s sole and absolute discretion and/or judgment, could disrupt, Ecquire’s business operations and/or

c. If you cancel this Agreement prior to the end of the Initial Term or any Term thereafter,

i. you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation,

ii. Ecquire will not refund to you all pre-paid fees for basic hosting services (shared, dedicated and/or managed) for the full months remaining after effectiveness of cancellation (i.e., no partial month fees shall be refunded) or any setup fees and any discount applied for prepayment,

iii. you shall be obligated to pay 100% of all charges for all Services for each month remaining in the Term (other than basic hosting fees as provided in (ii) above). Any cancellation request shall be effective thirty (30) days after receipt by Ecquire unless a later date is specified in such request.

d. Ecquire may terminate this Agreement

i. if the Services are prohibited by applicable law, or become impractical or unfeasible for any technical, legal or regulatory reason, by giving Customer as much prior notice as reasonably practicable or

ii. immediately by giving written notice to Customer, if Ecquire determines in good faith that Customer's use of the Customer Web site or the Customer Content violates any term or condition. If Ecquire cancels this Agreement prior to the end of the Term for your breach of this Agreement and related agreements, the Customer's use of the Services disrupts, Ecquire shall not refund to you any fees paid in advance of such cancellation and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation; further, you shall be obligated to pay 100% of all charges for all Services for each month remaining in the Term.

e. Upon termination of this Agreement for any cause or reason whatsoever, neither party shall have any further rights or obligations under this Agreement, except as expressly set forth herein. Termination of this Agreement and retention of pre-paid fees and charges shall be in addition to, and not be in lieu of, any other legal or equitable rights or remedies to which Ecquire may be entitled.

Ecquire, Inc. is located at 1018 Autumn River Run, Philadelphia, PA 19128.