Privacy

EULA AND PRIVACY POLICY

Privacy and Terms of Service

EARTHANEAPPS

EarthaneApps Ltd. (hereinafter “EarthaneApps”) provides the QTeeApp “cloaked” messaging service that allows you to send messages without revealing your personal contact information (hereinafter “the Service”).   The following Terms of Service and Privacy Policy apply to the Service as provided through the EarthaneApps.com and QTeeApp.com websites.

TERMS OF SERVICE

BY USING THE SERVICE, YOU AGREE TO THE FOLLOWING TERMS OF SERVICE.  If you choose to not agree with any of these terms, you may not use the Service.

1. EarthaneApps Access

Subject to your compliance with the Terms of Service, EarthaneApps hereby grants you permission to use the Service, solely for your use (reselling and other forms of commercial exploitation are expressly prohibited).

2. Intellectual Property Rights

The Service, patents, copyright matter and trademarks, are owned by or licensed to EarthaneApps.   Use of the Service beyond those rights expressly granted herein constitutes an infringement and is expressly prohibited. Any attempt to reverse engineer any part of the Service is prohibited.

3. Personal Responsibility

You are solely responsible for the content of messages you send using the Service. You agree that you will not send a message that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; impersonate another person; send a message containing software viruses or other harmful computer code; or attempt to disrupt the integrity or performance of the Service.

4. Abuses of the Service

You must notify EarthaneApps immediately should you become aware of any abuses of the Service by other users.

5. Features for Your Protection

Should you wish to avoid objectionable words, there are optional filters available to deal with objectionable words in incoming messages.  Should you wish to avoid photos, there are optional filters available to prevent photos from accompanying incoming messages. Should you wish to strip text from message notifications, there are optional filters available, so that the message must be accessed before any text is displayed.

6. Indemnity

You agree to defend, indemnify and hold harmless EarthaneApps, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your messages caused damage to a third party.

7. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, EARTHANEAPPS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. IN PARTICULAR, EARTHANAPPS SHALL NOT BE LIABLE SHOULD THE “CLOAKING” FEATURE OF THE SERVICE FAIL.  YOU SPECIFICALLY ACKNOWLEDGE THAT EARTHANEAPPS SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY WITH WHOM YOU ARE MESSAGING AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

8. Limitation of Liability

IN NO EVENT SHALL EARTHANEAPPS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM A FAILURE OF THE “CLOAKING” FEATURE OF THE SERVICE OR ARISING FROM THE CONTENT OF ANY MESSAGE YOU RECEIVE FROM OTHER USERS.

9. In the Event of Merger or Sale

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by EarthaneApps without restriction. In the event that EarthaneApps is acquired by or merged with a third party entity, we reserve the right to transfer or assign the information we have collected from our users as part of such merger, acquisition, sale, or other change of control.

10.  Legal Provisions

You agree that: (i) the EarthaneApps Service shall be deemed solely based in Canada; (ii) you will be subject to the jurisdiction of Canadian Courts in the event of any legal dispute. These Terms of Service shall be governed by laws of the Province of British Columbia. Any claim or dispute between you and EarthaneApps that arises in whole or in part from the EarthaneApps Service shall be decided exclusively by a court of competent jurisdiction located in the Province of British Columbia, Canada. These Terms of Service, together with the Privacy Policy and any other legal notices published by EarthaneApps, including, but not limited to an end user license agreement, shall constitute the entire agreement between you and EarthaneApps concerning the EarthaneApps Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and EarthaneApps’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. EarthaneApps reserves the right to amend or modify these Terms of Service at any time, and it is your responsibility to review these Terms of Service for any changes. If you do not agree to the revised Terms, your only recourse is to discontinue the use of the EarthaneApps Service. Your continued use of the EarthaneApps Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND EARTHANEAPPS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE EARTHANEAPPS SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

11. Changes and updates

These provisions may be revised periodically and this will be reflected by the “effective date” below. Please revisit this page to stay aware of any changes. Your continued use of the EarthaneApps.com Site, the QTeeApp.com Site and/or the Service constitutes your agreement to any amendments.

Date Last Modified:

These Terms of Service were last modified September 15th, 2015

PRIVACY POLICY

1. Information EarthaneApps Collects

EarthaneApps uses a phone identifier code and does not require any of your personal information for the functioning of the Service.

2. Information for Optional Features and the Way EarthaneApps Uses Such Information

Each user selects a user name and password.  EarthaneApps requires personally identifying information, such as an email address, only if you wish assistance should you forget your user name or password.  If you submit Personally Identifiable Information to us, we use such information solely for the purpose of assisting you in resetting your user name and/or password. We do not share your Personally Identifiable Information.  However, EarthaneApps may release Personally Identifiable Information if required to do so by law, or in the good-faith belief that such action is necessary to comply with applicable laws, international law or respond to a court order, subpoena, or search warrant or equivalent.

3. Security of Information

EarthaneApps treats your Personally Identifiable Information as confidential information and takes reasonable security arrangements to prevent unauthorized access or disclosure of your Personally Identifiable Information.

4. What Happens to Your Messages

The messages that have been delivered by the Service are archived by EarthaneApps in the normal course of business for a pre-set period (presently 90 days) and then the messages are deleted from our servers.

5. Consent to Privacy Policy

Your use of the EarthaneApps Site and the Service constitutes your express consent to the Privacy Policy.

6. Changes and updates

This Privacy Policy may be revised periodically and this will be reflected by the “effective date” below. Please revisit this page to stay aware of any changes. Your continued use of the EarthaneApps Site and the Service constitutes your consent to any amendments to the Privacy Policy.

7. Privacy Officer

The Personal Information Protection Act of the Province of British Columbia requires the appointment of a Privacy Officer to whom questions may be addressed with respect to the purposes of collection of personal information of an individual.  EarthaneApps has appointed a Privacy Officer and any inquiries may be addressed to privacyofficer@earthaneapps.com.

Date Last Modified:

This Privacy Notice was last modified September 15th, 2015

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