QuickBlog – Terms Of Use


Last updated: April 18, 2018

 

QuickBlog is Software as a Service (SaaS) created and provided to you by QuickMedia. 

Essentially, we’re a host provider and Content Management System (CMS) offering templates and content editing tools designed to make blogging easy for creative, professional bloggers.

We’ve aimed to make your experience with QuickBlog an enjoyable and rewarding activity. 

The legal side of our services is important to protect both you and us. It’s essential you read, and understand, this page before you agree to sign up.


What we do

Our services are designed to allow you to quickly and easily start and publish (one or more) blogs. It’s simply a matter of signing up, choosing a template (customize to suit) and start blogging. 


Blogging

Blogging can be professionally and personally satisfying, as well as profitable. 

Like most things in life, you’ll get out of blogging what you put into it. We provide you with a global hosting cloud with added tools to create and run a blog. It’s then up to you how you utilise your Blog to its potential.  We do not get involved with your Blog creation or production. We do not give any guarantee for the success of your Blog.

You should be aware of your rights and responsibilities as a public Blogger.

Your Blog and all original content is 100% owned by you. 

You are responsible, and accountable, for Content published on your Blog. 

It's up to you to decided and govern what's allowed on your Blog by readers and/or members of your Blog. You are provided with security tools to facilitate and regulate comments. You're encouraged, to manage spam, in-site security, abusive content and copyright infringement(s).

Word filters, allow you to modify comments to suit your Blog site policies. 

 

AGREEMENT

Please read these Terms of Use ("Terms", "Terms of Use") carefully before using the www.quickblog.com website (the "Service") operated by QuickMedia ("us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of, and compliance with, these Terms. 

These Terms apply to all visitors, users and others who access or use the Service. 

You warrant that you are at least 18-years-old and you are legally capable of entering into binding contracts. If you are under 18-years-old, you warrant that you have obtained consent from your parent or guardian and they agree to be bound by these Terms on your behalf. 

By accessing or using the Service you agree to be bound by these Terms. 

If you disagree with any part of the Terms then you may not access the Service.


Subscriptions

The  Service is billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or QuickMedia cancels it. 

You may cancel your Subscription renewal either through your online account management page (My Account) or by contacting QuickMedia customer support team.

A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide QuickMedia with accurate and complete billing information including full name, address, state, zip or postal code, telephone number, and a valid payment method information.

By submitting such payment information, you automatically authorize QuickMedia to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, QuickMedia will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice. Should you not renew your subscription, your account will be suspended or terminated, in which case, QuickMedia will not be liable for loss of data or content.

 

Free Trial

QuickMedia may, at its sole discretion, offer a free trial for a limited period of time ("Free Trial").

After the Free Trial, you will be required to enter your billing information in order to sign up for the Service.

If you do not enter your billing information after the Free Trial, you will not be charged by QuickMedia  and you will no longer be provided with the Service.

At any time and without notice, QuickMedia reserves the right to:

(i) modify the terms and conditions of the Free Trial offer, or 

(ii) cancel such Free Trial offer.

 

Fee Changes

QuickMedia, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

QuickMedia will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.


Refunds

Except when required by law, paid Subscription fees are non-refundable.


Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). 

You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, you grant us the non-exclusive right and license to use,  publicly perform, adapt, publicly display, publish, reproduce, modify and distribute such Content on and through the Service for the purpose of promoting your Content or our Service.

You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights.

You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

You represent and warrant that: 

(i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and 

(ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.

Further, you warrant that: 

(i) the Content will not cause you or us to breach any law, regulation, rule, code or other legal obligation; 

(ii) the Content will not or could not be reasonably considered to be defamatory, seditious, threatening, liable to incite any form of hatred, in breach of confidence or in breach of privacy; 

(iii) the Content does not contain software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware or telecommunications equipment; and

(iv) the Content does not bring us or the Service into disrepute.

We are under no obligation to regularly monitor the accuracy or reliability of your Content incorporated into the Service.

You acknowledge and agree that all Content you provide on the Service will be publicly available information and you bear the risks involved with such public disclosures.


Accounts

When you create an account with us you must provide us with information that is accurate, complete and current at all times. Failure to do so constitutes a breach of the Terms, which may result in termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party.

You agree to be fully responsible for activities that relate to your account or your password.

You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.


Intellectual Property

The Service and its original Content (excluding Content provided by you the user), features and functionality are and will remain the exclusive property of QuickMedia and its licensors.

The Service is protected by copyright, trademark, and other laws of both Australia and foreign countries.

Our Intellectual Property must not be used in connection with a product or service that any way brings us into disrepute.


Blog Ownership

We take your right to ownership of your Blog seriously. With some platforms, in particular free account platforms you have few, if any, rights or control over appearance and ownership. Your page or account can be shut down by other platforms at their discretion. 

QuickMedia takes a another approach. We believe you should have ownership rights as a customer. When something is free, there is usually a price to pay. Often that prices is your freedom  - your freedom to truly express yourself, your freedom to monetize your pages as you choose, and your freedom to add third party apps to leverage your content as you decide. When something is free, you are usually the product being used (for user testing, selling ads, data collection, selling your information to advertisers, organizations and governments etc). 

When you are the customer, you enjoy consumer rights. This is why we offer no free blogs, but keep pricing at a low, affordable rate. With QuickBlog, you are the owner, not the product. We do not sell your personal information, because we don't have to - or want to. For us, this is an important matter of trust between us, as your chosen content creation platform, and you as our customer. 

Template Licencing

To that end when you have created a paid account with QuickMedia will be licensed with templates and customization tools to modify and personalize your Blog Template including Masthead (Blog Title), Header, Menus, Body Layout, Footer, Sidebar, Post pages and Static pages. 

Once you have modified any, or all, of these templates and sections, your Blog Layout is deemed to be created by you and therefore remains your Intellectual Property and not of us. This simply means that all the Content you create and the Blog, post and page designs you create with our Templates are owned by you, conditional to the Terms.

Any opinions, advice, statements, services, offers, or other information or Content expressed or made available by any other users are those of the respective authors or distributors and not of us.

 

Links To Other Web Sites, Services, Applications and Partners

QuickMedia has partnership and/or affiliate arrangements with third party suppliers. Our Service may contain links to third-party web sites, applications (apps) or services that are not owned or controlled by QuickMedia. 

QuickMedia may receive a partnership fee, (aka affiliate commission) from third party service providers in which case QuickMedia is paid by the partner at the point of sale, where a purchase is made by you at no added cost to you. We provide links to external websites as a convenience to you, the user, and the inclusion of such links to external websites does not imply our endorsement of those websites. QuickMedia has no control over, and assumes no responsibility for, the Content, Privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that QuickMedia shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such web sites or services.

You acknowledge and agree that when you access other websites on the Internet, you do so at your own discretion and risk.

We advise you read the terms and conditions (aka Terms of Service or Terms of Use) and Privacy policies of any third-party web sites or services that you visit.


Responsibility 

We believe in the responsible use of free expression. However, this does not extend to promotion of illegal conduct or the incitement of illegal or harmful activities.


Termination

We do not adhere to the practice of termination of your account for simply expressing your point of view, providing such opinions do not encourage or incite illegal or harmful behavior. Where illegal or harmful material is posted we reserve the right to notify you and/or suspend or terminate your account should it be in breach of our Content Terms (above). Ownership of your Blog does not entitle illegal or harmful misuse of your asset, just as ownership of a car, firearm or other material product does not grant any right to illegal or harmful conduct. If you stay within the very broad Terms you won't have a thing to worry about.

But if you do decide to misuse the Service, resulting in a warning, suspension or even termination, upon termination, your right to use the Service will immediately cease.

If you wish to terminate your account, you may simply discontinue using the Service. To do so, go to My Account > Billing > Cancel Subscription.

All provisions of the Terms which by their nature should survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith. To avoid loss of data in any termination, you should regularly backup/export (download) your content from your Editor settings at Editor > Settings > Backup/Export.

If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Service or by sending a communication to any address (email or otherwise) that we have for you in our records. 


Indemnification

As a condition of your access to and use of the Service, you agree to indemnify us and our successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to your access to and use of the Service or your breach of these Terms and any applicable law or the rights of another person or party.

This indemnification section survives the expiration of your registration, and applies to claims arising both before and after the registration ends.


Limitation Of Liability

You agree that we shall not be liable for any damages suffered as a result of using the Service, copying, distributing, or downloading Content from the Service.

In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.

 

Data Backup and Security

QuickMedia utilizes the Google Cloud Platform (GCP) to host and secure your Blog. GCP is one of the largest global networks of regional data centers resulting in fast, secure hosting. Our choice of GCP is to provide you with the world standard, state of the art hosting, data speed and security. 

Your Blog automatically comes with inbuilt  HTTPS Transport Layer Secure (TLS) encryption (formerly SSL) for data integrity, security and privacy between server/browser communication.

Additionally, you are provided with a backup and export tool able to regularly backup your data (i.e. Content). To access your backup tool, go to Editor > Settings > Backup/Export button. 

You should regularly backup your data to your own local hard drive with the tool provided by QuickMedia.

Although we have measures in place for data security, you have sole responsibility for the backup of data and/or equipment used in connection with your usage of the Service and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Service.

You agree QuickMedia has made all efforts to secure and backup your data and will not be liable for any failure of data backup.

You should not assign or otherwise dispose of your account to any other person.

Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.

 

Disclaimer

Your use of the Service is at your sole risk. 

The Service is provided on an "AS IS" and "AS AVAILABLE" basis.

The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

You accept that QuickMedia has gone to all reasonable lengths to host and secure your Blog and its Content, and that QuickMedia its subsidiaries, affiliates, and its licensors do not warrant that:

a) the Service will function uninterrupted, secure or available at any particular time or location;

b) any errors or defects will be corrected;

c) the Service is free of viruses or other harmful components; or

d) the results of using the Service will meet your requirements.

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of the Service, whether for breach of contract, tortious behavior, negligence or any other cause of action.

We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the content contained on the Service for any purpose.

Any reliance you place on such information is therefore strictly at your own risk. 

We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of the Service or that the operation of our Service will be uninterrupted or error-free.

We are not liable for the consequences of any interruptions or error in the Service.


Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

 

Governing Law

These Terms shall be governed and construed in accordance with the laws of Queensland, Australia, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

 

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect.

It is your sole responsibility to periodically check these Terms for any changes.

If you do not agree with any of the changes to these Terms, it is your sole responsibility to stop using the Service.

Your continued use of the Service will be deemed as your acceptance thereof.

This document works in tandem with our Privacy policy.


Contact Us
If you have any questions about these Terms, you can contact us.