Quickeo - Private file sharing with a simple email!

Welcome to www.quickeo.com, a website (the “Website”) of GPH Investments Incorporated (“GPH Investments”).

The following terms and conditions (the "Agreement") form a binding agreement between you and GPH Investments. Please read this agreement carefully before using quickeo software (the “Software”). By using the quickeo Website or Software you are agreeing to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not download or use any quickeo Software. The term "GPH Investments" or "us" or "we" or "our" refers to GPH Investments, the owner of the quickeo Website and quickeo Software. The term "you" refers to the user of quickeo Software or visitor to www.quickeo.com.

You represent that you are of legal age to form a binding contract, and that you will provide and maintain accurate and current information about yourself when setting up an account and update such information as necessary to keep it current.

Quickeo software
Quickeo is a new application offered to you in various versions and with various options. Quickeo Software allows you to send a simple email (the “quickeomail”) that allows the recipient of the email (the “Recipient”) to access the personal multimedia files you decide to share with him or/and her, using flash streaming. The Software allows you to share a lot of videos, photos and audios through email and also allows the Recipient to download photos and other files you share with him or/and her. Collectively www.quickeo.com, quickeo Software and quickeomail will be referred to here as "Quickeo." We may change Quickeo or any of the products or services that GPH Investments offers at any time without prior notice. GPH Investments reserves the right to terminate the License granted by this Agreement at any time and for any reason, without prior notice, and the License granted by this Agreement will automatically be terminated in the event that you violate any of the terms and conditions set forth herein. In the event of any such termination, the clauses of this Agreement other than the license grant will continue to bind us and you.

Software License & Restrictions
GPH investments grants to you a license to use this Software and all related materials delivered as follows:
- the software may be installed on one or more computers and may be used only for your personal use.
- you may not transfer this license.- you may not make or distribute copies of the Software without express written permission from GPH Investments.
- you are not permitted to disclose your Software or service subscription codes or passwords to any individual or group.

- in order to protect Quickeo's trade secrets contained therein which may be revealed by such action, you may not reverse engineer, decompile, disassemble or otherwise reduce the software to any human readable or perceivable form.
- you may not rent, lease, or lend the Software.
- you may not create derivative works based on the Software.
- you agree not to export or re-export the product into any country prohibited by applicable law.

Except for the foregoing license grant, this Agreement does not grant you any rights to patents, copyrights, trade secrets, trademarks, source code, or any other rights in respect to the Software or related services.

GPH Investments reserves the right, at any time, to change its prices and billing methods and policies for any version of the Software or any related services furnished by GPH Investments. Information about such changes will be posted on the website, or emailed to your address in GPH Investments’ database.

Updates and Feedback
GPH Investments is under no obligation to provide you with maintenance, technical support or updates for the Software. GPH Investments will use commercially reasonable efforts to automatically provide you with updates of the Software as they become available during the full term of this Agreement. GPH Investments reserves the right to provide these updates for a fee and to restrict their availability to anyone for any reason. You may refuse to accept the updates. By accepting the updates, you agree to destroy all prior copies and versions of the Software. Only then will the license granted to you by this agreement transfer to the updated Software.You agree that any input or feedback you provide to GPH Investments, including but not limited to usability, bug reports and test results, with respect to the Software and/or related services shall be the property and confidential information of GPH Investments and may be used by GPH Investments for any purpose and you hereby assign all right, title and interest therein, including all intellectual property rights therein, to GPH Investments.

Ownership
You never own any Software. This license gives you limited rights to use the Software.

Privacy
We respect our users’ privacy, and we abide by the terms of the Quickeo privacy policy regarding the collection and use of users’ personal information. The Quickeo privacy policy is also part of this Agreement. Please note that the Quickeo privacy policy may be changed from time to time. For full details, please refer to the quickeo privacy policy. We recommend that you read it periodically.

Content of quickeomail
All content that is made available to share and transfer in a quickeomail or otherwise using the Software may be copyrighted and if so is protected by copyright and other laws and international treaty provisions. You may not copy, modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any such content without the express written permission of GPH Investments and the copyright owner. You hereby waive any moral rights in any materials you include in a quickeomail.You agree that you will not transmit any files that (1) are copyrighted material regarding which you do not have appropriate and sufficient permission, (2) in any way infringe on the rights of third parties, (3) are in any way pornographic, libelous, profane, abusive, harassing, obscene, racist, hateful or invade the privacy rights of another, (4) that may cause a civil dispute. You represent and warrant that you have the permission of those that appear in your quickeomail or whose copyrighted works appear in your quickeomail and that you have obtained the necessary permissions to show any trademarks that may appear in your quickeomail.You use the Software at your own risk. We take no responsibility for your exposure to content on quickeomails whether it violates our content policies or not. You understand that the information and opinions in content proposed by third parties solely express the opinion of the author and are neither endorsed by us nor do they reflect our belief. You acknowledge that any data, information, text or other communication included in a quickeomail which you receive or transmit may be accessed or intercepted, albeit without authorization from you or us, by another person or entity in transit or by reason of an unauthorized intrusion into any of the computer systems and software that are used as part or associated with the Services and/or Software.

User conduct
You agree that you will not do any of the following while using the Software:
. Conduct or promote any illegal activities.
. Share or transfer anything that may be harmful to minors.
. Consciously transfer any form of virus, worm, trojan horse, or malicious code.
. Use Quickeo to generate unsolicited email advertisements or spam.

Trademarks
"quickeo" is our registered trademark. Other product and company names mentioned on the quickeo Website or in quickeomails may be trademarks of their respective owners.

Copyright
The content, organization, graphics, design, compilation, digital conversion and other matters related to the Website or the Software are the property of GPH Investments or its suppliers and are protected by applicable copyright and trademark laws and other laws protecting intellectual property rights and other proprietary rights. The copying, redistribution, publication or use other than as explicitly permitted per the terms of this Agreement by you of any such matters or any part of the Website or Software is strictly prohibited. You do not acquire ownership rights to any content or other materials shared with you or transferred to or from you in a quickeomail.

Warranty disclaimer
You acknowledge and agree that your use of the features and functions of the Software is at your own risk. The Software and the related services are provided "as-is," "as available," and with "all faults." To the greatest extent permitted by applicable law, all warranties, express or implied, are hereby disclaimed (including, but not limited to, the disclaimer of any implied warranties of merchantability, fitness for a particular purpose, or non-infringement). The Software or related services may contain errors and problems, and there can be no assurance that any specific errors or discrepancies in the Software or related services will be corrected. We and our Affiliated Parties do not warrant that the Software will be secure, error-free, or that any quickeomail is free of viruses or other harmful components. No advice or information, whether oral or written, obtained by you from us through the Website or otherwise shall create any warranty, representation or guarantee not expressly stated in this Agreement.

Third party services
We may propose access to, or advertise, certain third parties from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by third parties. Third parties are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and third parties. Third parties and other advertisers are also responsible for ensuring that advertisements and other materials submitted for inclusion on the quickeo Website or in quickeomails are accurate and comply with applicable laws. We are not responsible for the illegality of, or any error, inaccuracy or problem in, any third parties’ or advertiser’s materials. You agree that use of or purchase from such third parties is at your sole risk and is without warranties of any kind by us, expressed, implied or otherwise including warranties of title, fitness for purpose, merchantability or non-infringement. Under no circumstances are we liable for any damages arising from the transactions between you and third parties or for any information appearing on third parties’ sites or any other site linked to our Website, or if any other site or software product contains viruses, worms, trojan horses or other destructive code.

Linking from the quickeo Website to other web sites
The quickeo Website contains links to other websites. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on the quickeo Website does not imply approval or endorsement of the linked website by us. If you decide to access these third-party sites, you do so at your own risk. You are responsible for viewing and abiding by the privacy statements and terms of use posted at these linked sites. You should direct any concerns regarding these third-party sites to those sites’ administrators.

Limitation of liability
We and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties") shall not be liable for any indirect, special, incidental, consequential, exemplary, or punitive damages (including damages for loss of business, loss of profits, loss of confidential information, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise resulting in any way from (a) any errors in or omissions from Quickeo or any related services or products, (b) the unavailability of Quickeo, (c) your use of Quickeo, (d) the content contained in any quickeomail, (e) any damages caused by viruses, worms, trojan horses or other harmful code. The above limitation of liability will apply to the maximum extent permitted in the applicable jurisdiction. You agree that your sole remedy for any claims arising in connection with this Agreement is to discontinue using Quickeo. However, in the event the aforementioned limitation of our liability is not enforceable, in no case will the total liability of GPH Investments to you exceed the greater of (1) the total amount paid by you to buy the Software and (2) (US$30.00) (thirty US dollars). Any cause of action by you with respect to Quickeo (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. The negation and limitation of damages set forth herein are fundamental elements of the basis of the contract between us and you. The quickeo Website and Software would not be provided without such limitations.

Non refund policy
All sales are final.

Indemnification
you agree to indemnify, defend and hold us and our Affiliated Parties harmless from any liability, loss, claim, debt and expense, including reasonable attorney's fees, related to your (1) use of Quickeo, or the use of quickeomail content, by anyone to whom you may have sent a quickeomail or anyone who uses your Quickeo account, (2) any violation of this Agreement. This indemnification survives the termination of the license granted by this Agreement. We reserve the right, at our own expense, to take over a defense that would otherwise be your obligation. In such an instance, you agree to cooperate with GPH Investments in the defense of the claim.

Legal compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the quickeo Website, and Software and quickeomails. In addition, you agree to comply with all applicable laws, rules, codes and regulations regarding the export of data from the United States.

Licenses to Government Users
The Software is a “commercial item,” as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of “commercial computer software” and “commercial computer software documentation,” as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End-Users acquire the Software with only those rights set forth herein.

Changes to this Agreement
We may change the terms of this Agreement from time to time on a going-forward basis. And any such modifications become effective immediately upon being posted to the quickeo Website. We will use commercially reasonable efforts to inform you at the email address in our database of any such changes, but you are advised to check the quickeo Website from time to time to view any such changes in the Agreement. These changes will bind you.

General terms
This Agreement shall be governed by the laws of the State of California exclusively, as such laws apply to contracts between California residents performed entirely within California. You agree(s) that conflicts of laws principles of such laws and the United Nations Convention on Contracts for the International Sale of Goods (1980) and its successors are hereby excluded in their entirety from application to this Agreement. The parties hereby consent to the exclusive jurisdiction of and venue in the federal and/or state courts located in San Francisco County, California, for all claims arising out of or relating to this Agreement. The language in this agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior representations, warranties and understandings with respect to the Software, and the subject matter of this Agreement. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with Quickeo is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of the license granted by this Agreement. All rights not expressly granted herein are reserved by GPH Investments.

Credits
Webdesign and development : web agency mental-works.com
Photos : photos.com, fotolia.com
Hosting : aplus.net
Secured paiement : Paypal (ebay group)

Questions
if you have any questions regarding this Agreement, please use this email address:
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last updated: 03-2007