QVApps Publisher Registration and Distribution Agreement v1.0
QVApps is a publicly available site on which publishers can distribute Content (as defined below) pursuant to this Agreement (as defined below). Publishers can choose to distribute Content for free or may charge a fee for their Content.
2. Accepting this Agreement; Definitions
By accepting this Agreement, You certify that You are of the legal age of majority in the jurisdiction in which You reside, and You represent and warrant that You are legally permitted to participate in the Program.
If You are agreeing to be bound by this Agreement on behalf of Your employer or other entity, You represent and warrant that You have full legal authority to bind Your employer or such other entity to this Agreement. If You do not have the needed authority, You may not accept this Agreement or use the Program on behalf of Your employer or other entity.
“Brand Features” means the trade names, trade marks, service marks, logos, domain names, and other distinctive brand features of either You or QVApps, respectively, as owned (or licensed) by such party from time to time.
“Content” means any information or material such as services, applications, games, data, text, software, music, sound, photographs, images, graphics, video messages, answers, questions, comments, suggestions, hints, strategies, concepts, designs, ideas, plans or orders.
“Open Source Software” means any software, which is subject to license terms and conditions currently listed at http://opensource.org/licenses/ or meeting the criteria listed at http://www.opensource.org/docs/definition.php or which is subject to any similar free or open source license terms.
“You” or “Your” means the person(s) or legal entity exercising rights under this Agreement. If You are entering into this Agreement on behalf of Your company, organization or legal entity, then “You” or “Your” refers to Your company, organization or legal entity.
3. Registration For and Termination of Your Publisher Account
You must register for a publisher account in order to participate in the Program. You agree to provide truthful and complete information when registering for the Program and to keep that information updated. Providing misleading information about Your identity is forbidden. Your registration information will be used to validate Your publisher account, and failure to provide complete or accurate information may result in Your rejection from the Program. Notwithstanding the foregoing, acceptance or rejection of Your registration is at QVApps’ sole discretion
When You register, You will create a username and a password. You are solely responsible for any use of the Program with Your username and password. You agree to take due care in protecting Your username and password against misuse by others and promptly notify QVApps about any misuse. QVApps may limit the number of registrations issued to You or to the company or organization You work for.
After You register, You may begin submitting Your Content for consideration by QVApps for distribution via QVApps. When You submit Your Content for consideration.
You may terminate Your registration if You no longer wish to use the Program. After termination, You will no longer have access to the Program. QVApps may terminate Your registration or restrict Your access to certain parts of the Program if there is an indication that You have breached the Agreement or with a prior email notice if You have not signed into the Program with Your username in the past six (6) months.
If the Content is removed from the Program by either You or QVApps, some traces of the Content may remain and copies of the Content may still reside within the Program and on QVApps servers.
4. Pricing and Payments
4.1. This Agreement covers both Content You choose to submit for free and Content for which You wish to charge a fee. Your Content may be purchased by consumers via credit card and/or billing arrangements subject to availability.
4.2. Price Selection. You select the nominal global price point (including free) that You wish to charge for Your Content. Nominal globlal price points (other than free) are shown in Euros and represent approximate prices.
4.3 Price Mapping. Each selected nominal global price point is mapped to a specific local retail price by QVApps, and such local retail prices can vary depending on the distribution territory, local market pricing practices, local legislation, local currency differences when billing is not done in Euros, and other factors. Price mapping may be subject to change from time-to-time and the selection of local retail pricing is in QVApps’ sole discretion Price mapping is the same for all publishers distributing Content through the Program. Should You become dissatisfied with QVApps’ price mapping, Your sole remedy and recourse is to remove Your Content from the Program. You further acknowledge that QVApps may change or abandon its nominal pricing structure, without need of amending this Agreement, in favor of a pricing system that allows You to select actual price points for certain distribution territories rather than price mapping to those territories.
4.4. QVApps shall pay You eighty percent (80%) of the Net Revenue attributable to purchases of Your Content by end users. You acknowledge and agree that the Net Revenue attributable to purchases is determined using the amounts actually collected and received by QVApps. In all cases, payment of fees to the Publisher will be net of:
- applicable taxes or other withholdings required by applicable law;
- bad debts or other uncollectible sums;
- legal and other reasonable fees incurred in enforcing this Agreement or the agreements contemplated herein;
- where purchases or Licenses are by other than the credit system, fees payable to financial institutions for the processing of any credit card, debit card, e-cheque or alternative payment method; and
- any other amounts owing by the Publisher to QVApps under this Agreement or otherwise, including all applicable commissions and fees.
You further acknowledge that there can be a time delay between when Your Content is sold, and when QVApps receives the funds attributable to the sale of Your Content. Should the time delay be significant, as determined solely in QVApps’ discretion, QVApps reserves the right (but is under no obligation) to make courtesy payments to You based on estimated Net Revenue (instead of actual). If such courtesy payments are made, You acknowledge and agree that QVApps may adjust Your future payments based on actual figures and amounts once known.
4.5. Payment to You will be made no less frequently than on a calendar monthly basis following the end of each calendar month. Payment from QVApps will be paid in Euros, which payment may be reflected differently to You based on local currency differences, exchange rates, Your bank fees and other factors beyond QVApps’ control. Notwithstanding the foregoing, if the total amount payable to You is less than one hundred Euros (€ 100), QVApps shall have the right to withhold payment until the next regularly scheduled monthly payment date on which the amount payable to You equals or exceeds one hundred Euros (€ 100).
Each party is responsible for all taxes (including, but not limited to, taxes based upon its income) or levies imposed on it under applicable laws, regulations and tax treaties as a result of any contract and any payments hereunder.
In the event that a withholding tax or similar tax, including any advance tax, is payable, QVApps or any operator, billing aggregator or any other party involved with the billing arrangements for the sale of Your Content in the Program shall be entitled to deduct the withholding tax or similar tax from the payment relating to Your Content as required under applicable laws, regulations and tax treaties. Upon formal written request from You, furnished to QVApps mailing address, QVApps will furnish evidence of taxes withheld by QVApps, or QVApps shall take reasonable actions as determined by QVApps to obtain and furnish evidence of taxes withheld by other parties involved with the billing arrangements in order to enable You to obtain any credits available to You.
Reduced withholding tax rate of a double taxation agreement, if any, will be applied only if You provide sufficient documentation, furnished to QVApps’ mailing address, that the double taxation agreement is applicable to the payment and that You are entitled to the benefits of the double taxation agreement. You also warrant that You are the beneficial owner of the Content within the meaning of the applicable double taxation agreement.
You indemnify and hold QVApps, and any operator, billing aggregator or any other party involved with the billing arrangements for Your Content harmless against all claims by any tax authority for any underpayment of withholding tax or similar tax including advance tax, penalties and interest.
4.7. VAT and Invoicing
Any VAT, sales tax, service tax, business tax, turnover tax, IVA, ISS or any similar tax levied on You in the country where You are registered for tax purposes is solely Your responsibility. QVApps is not liable to You or anyone else to pay any of the aforementioned taxes in addition to the revenue share QVApps remits to You.
You further agree that any QVApps documentation may be delivered to You at the email address You provided during registration to the Program, or as updated by You after registration. You certify that Your email address and all Your registration information, as may be updated by You from time to time, are truthful, accurate, current, valid and adequate for QVApps purposes. You are solely liable for issuing any VAT, tax or similar invoice as may be required by the laws of Your country if such document is required in addition to the QVApps materials, and You certify that such invoice or document will show exactly the same details as those shown in the QVApps materials, and reflects the same amount to pay to You which the QVApps materials shows in Euros (the currency in which QVApps will make payments to You). QVApps is not liable for any tax or legal consequences if Your invoice or document deviates from the QVApps details.
4.8. Future Charge Restriction
You are prohibited from collecting future charges from end users for Content that those end users purchased via QVApps or were initially allowed to obtain for free through the QVApps. This is not intended to prevent distribution of free trial or demo versions of Your Content with a later upsell option to obtain the full version of the Content. Such free trials or demos of Content are permitted. However, if You want to collect fees after the free trial or demo expires, You must collect all fees for the full version of Your Content through the payment methods offered to end users on QVApps. In this Agreement, “free” means there are no charges or fees of any kind for use of the Content other than standard data transfer charges that may apply. All fees received by You for Content distributed via the Program must be processed by QVApps.
4.9. Your Support For Your Content
You will be solely responsible for support and maintenance of Your Content and to address any complaints about Your Content. You agree to provide customer support by email delivered to the email address You provided during registration to the Program, or as updated by You after registration. You agree to respond to customer related issues pertaining to Your Content, sent to Your email address, within five (5) business days. You further agree to upload or provide a link to any support materials for Your Content when submitting Your Content for consideration by QVApps.
5. Use of the Program by You
5.1. You agree to use the Program only for purposes that are permitted by (i) this Agreement and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
5.2. You may use the Program solely for the purposes of distribution of Content via the QVApps. You agree that if You use the Program to distribute Content, You will protect the privacy and legal rights of end users. If the end users provide You with, or Your Content accesses or uses, user names, passwords, or other login information or personal information, You must make the end users aware that the information will be available to You and/or Your Content, and You must provide legally adequate privacy notice and protection of that information for those end users. Further, Your Content may only use that information for the limited purposes for which the end user has given You permission to do so. If Your Content stores personal or sensitive information provided by end users, it must do so securely and only for as long as it is needed.
5.3. Prohibited Actions
You agree that You will not engage in any activity with the Program, including the development or distribution of Content, that interferes with, disrupts, damages, or accesses in an unauthorized manner the devices, servers, networks, or other properties or services of any third party including, but not limited to, QVApps end users, QVApps or any mobile network operator.
You may not use customer information obtained from the Program to sell or distribute Content outside of the Program.
5.4. Non-Compete. You may not use the Program to distribute or make available any Content whose primary purpose is to facilitate the distribution of Content outside of the Program.
5.5. You agree that You are solely responsible for (and that QVApps and any network operators enabling or featuring QVApps have no responsibility to You or to any third party for) any Content You distribute through the Program and for the consequences of Your actions (including any loss or damage which QVApps may suffer) by doing so.
5.6. You agree that You are solely responsible for (and that QVApps and any network operators enabling or featuring QVApps have no responsibility to You or to any third party for) any breach of Your obligations under this Agreement, any applicable third party contract or terms of service, or any applicable law or regulation, and for the consequences (including any loss or damage which QVApps or any third party may suffer) of any such breach.
5.7. Managing Your Content. You will be responsible for uploading Your Content to the Program, providing any required Content information and disclosures to end users, and accurately disclosing the security permissions necessary for the Content to function on the end user’s mobile device.
5.8. Prohibited Content. Any Content You distribute via the Program must adhere to the Content Guidelines for publishers located at http://support.qvapps.com/, which guidelines may be updated from time to time. For the avoidance of doubt, Your Content must not: (i) depict explicit sexual activity; (ii) depict or endorse acts that cause or are intended to cause excessive pain or suffering; (iii) promote or endorse the misuse of alcohol, tobacco, illegal drugs or other addictive substances; (iv) promote intolerance or discrimination based on racial, political, ethnic, religious, gender or sexuality; (v) promote invasion of rights of privacy; (vi) promote gambling or (vii) promote illegal activity.
5.9. Communication. QVApps may send communications to You from time to time. Such communications may be in the form of phone calls, emails, text messages or other forms of commercially available communication tools. The subject matter of these communications may include, but not be limited to, marketing materials, technical information, device support, and updates and/or changes regarding Your participation in the Program. By agreeing to this Agreement, You consent that QVApps may provide You with such communications.
5.10. Reporting. QVApps may provide You with access to online reporting tools showing download data and estimated revenue regarding distribution of Your Content. You acknowledge and agree that any online reporting tools are provided as a courtesy, are for informational purposes only, and may not represent exact data due to varying factors including but not limited to the nature of the Internet, the influx of new and sometimes unknown IP addresses, the possible use of proxy servers, and the delay and differences that may occur between estimated revenues being shown and the amounts actually collected and received by QVApps from either credit card purchases, operator billing purchases or both.
6. Licenses Grants
QVApps does not claim ownership in Your Content and Your submission of Content for the Program does not transfer ownership rights in the Content to QVApps.
However, by submitting Content for the Program You grant to QVApps a non-exclusive, worldwide, irrevocable during the term of this Agreement, and royalty-free license to use, copy, publicly perform, display, and distribute the Content in connection with the Program and to use, attach, include, reproduce and display parts of the Content in connection with the marketing of Your Content and QVApps. You further grant QVApps a non-exclusive, worldwide, irrevocable during the term of this Agreement, and royalty-free license to translate the meta data and Content descriptions that You provide when submitting Content for the Program into other languages supported by QVApps in order to broaden the potential appeal and audience reach for Your Content.
Each party shall own all right, title and interest, including without limitation all intellectual property rights, relating to its Brand Features. Except to the limited extent expressly provided in this Agreement, neither party grants, nor shall the other party acquire, any right, title or interest (including, without limitation, any implied license) in or to any Brand Features of the other party. Subject to the terms and conditions of this Agreement, You grant to QVApps a worldwide, non-exclusive, irrevocable during the term of this Agreement, royalty-free right and license to use, attach, include, reproduce and display Your Brand Features in connection with any of Your Content and the marketing of Your Content and QVApps. QVApps may include Your Brand Features and Content in presentations, marketing materials and press releases. Nothing in this Agreement gives You a right to use any of QVApps’ Brand Features, except You are allowed to use such Brand Features that may be provided to You by QVApps in connection with the Program when You are providing end users links to QVApps and/or access to Your Content found there.
Any license You grant to QVApps includes consultants, suppliers and contractors providing services for or on behalf of QVApps.
You grant to the end users of QVApps a non-exclusive, worldwide, and perpetual license to perform, display, and use Your Content distributed through the Program. If You choose, You may include a separate end user license agreement (EULA) or terms of service within Your Content that will govern the end user’s rights to the Content in lieu of the previous sentence. QVApps is not responsible for any violations of any terms between You and end users of QVApps or Your Content.
7. Content Submission and Selection
7.1. Submission to QVApps. You may submit Your Content for consideration by QVApps for distribution in the Program once You decide Your Content is compliant with this Agreement and ready for potential distribution to QVApps end users. You represent and warrant that Your Content complies with the submission documentation and Program requirements then in effect at the time of submission. You agree to cooperate with QVApps in this process and to truthfully answer questions and provide information about Your Content, as reasonably requested by QVApps. You further represent and warrant that You have full authority and/or all necessary rights, licenses or permissions to submit Your Content to QVApps, and to make it available for consumption by end users, and that You shall be solely responsible for the acquisition and payment of any and all third party clearances, consents, permissions, licenses, authorizations, and rights (including any and all rights in any works (including musical works), recordings and/or other materials), to the extent applicable and required in connection with the distribution of Your Content through QVApps.
7.2. Device Selection. When submitting Your Content for consideration, You must select which QVApps devices are compatible for potential distribution of Your Content. You acknowledge and agree that QVApps may, in its sole discretion, add Your Content for distribution and territorial distribution selections.
7.3. Selection for Availability
You understand and agree that QVApps may, in its sole discretion, determine that Your Content does not comply with the submission documentation and Program requirements then in effect, or reject Your Content for distribution for any reason even if it meets the submission documentation and Program requirements. You further understand and agree that if Your Content is selected for distribution via the Program, QVApps may, in its sole discretion, remove Your Content at any time and for any reason.
QVApps and any network operators enabling or featuring QVApps shall not be responsible for any costs, expenses, damages, losses (including without limitation lost business opportunities or lost profits) or other liabilities You may incur as a result of developing Your Content or use of the Program, including without limitation the fact that Your Content may not be selected for distribution via the Program, is removed from distribution via the Program, or if QVApps discontinues the Program. You will be solely responsible for developing Content that is safe, free of defects in design and operation, and complies with applicable laws and regulations. You will be solely responsible for any documentation, customer support and warranty obligations for QVApps end users. The fact that QVApps may have reviewed, tested, approved or selected Your Content will not relieve You of these obligations and will not subject QVApps to responsibility or liability for Your Content.
8. Program Availability
QVApps reserves the right, in its sole discretion, to change, improve and correct the Program. The Program may not be available during maintenance breaks and other times.
QVApps may also decide to discontinue the Program or any part thereof in its sole discretion. In such case You will be provided a prior notification.
You may, in Your sole discretion, provide QVApps with comments, information or other feedback regarding QVApps products, internet services or this Program, which QVApps may freely use to improve or enhance its products, services or this Program without obligation of confidentiality or compensation to You.
You agree that all information disclosed by QVApps to You that relates to the Program or QVApps’ products, designs, business plans, business opportunities, finances, research, development, know-how, personnel, or third-party confidential information, will be considered and referred to collectively as "Confidential Information." Confidential Information, however, does not include: (i) information that QVApps makes generally available to the public; (ii) information that You can demonstrate to have had rightfully in Your possession prior to disclosure to You by QVApps; (iii) information that is independently developed by You without the use of any Confidential Information; or (iv) information that You rightfully obtain from a third party who has been given the right to transfer or disclose it by QVApps. You agree not to disclose, publish, or disseminate Confidential Information to anyone other than those individuals who have an existing Program membership. You further agree to take reasonable precautions to prevent any unauthorized use, disclosure, publication, or dissemination of Confidential Information. You agree not to use Confidential Information otherwise for Your own or any third party's benefit without the prior written approval of an authorized representative of QVApps in each instance. You further agree that despite any other confidentiality agreements You may have between You and QVApps, QVApps will not be responsible for keeping confidential any information You submit to QVApps for consideration through the use of the Program.
You acknowledge that QVApps develops its own Content and works with many developers and publishers who develop their own Content. Some of QVApps’ or its publisher partners’ Content may be similar to or compete with Your Content, either now or some time in the future. QVApps cannot agree, and expressly disclaims, any confidentiality obligations or use restrictions, express or implied, with respect to any information that You may provide in connection with this Agreement or the Program, including information included in or with Your Content.
10. Privacy and Information
In order to continually improve the Program, QVApps may collect certain usage statistics from the Program, including but not limited to, information about how Content, compatible devices and the overall Program are being used.
11. Terminating this Agreement
11.1. This Agreement will continue to apply until terminated by either You or QVApps as set out below.
11.2. If You wish to terminate this Agreement, You must provide QVApps with thirty (30) days prior written notice and cease Your use of all publisher usernames and passwords issued to You.
11.3. QVApps may terminate this Agreement with You if: (i) You have breached any provision of this Agreement; (ii) QVApps is required to do so by law; (iii) You cease being an active participant in the Program; (iv) if You become insolvent, fail to pay Your debts when due, dissolve or cease to do business, file for bankruptcy, or have filed against You a petition in bankruptcy; or (v) QVApps decides to no longer offer the Program.
11.4. The obligations in Sections 2, 3, 4.4 (in its entirety), 4.5, 4.6, 4.7, 4.8, 4.9 (first sentence only), 5.2, 5.3, 5.4, 5.5, 5.6, 6 (last paragraph only), 9, 10, 11.4, 12 through 14 inclusive, 16 and 17 will survive any termination or expiration of this Agreement. The parties agree that QVApps will discontinue the use of Your Content and Your Brand Features for marketing (as permitted under Section 6) as soon as reasonably practicable after termination of this Agreement. Neither QVApps or any network operators enabling or featuring QVApps, will be liable for compensation, indemnity, or damages of any sort as a result of terminating this Agreement in accordance with its terms, and termination of this Agreement will be without prejudice to any other rights or remedy QVApps may have, now or in the future.
12. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PROGRAM AND ANY ASSOCIATED SOFTWARE OR SERVICES IS AT YOUR SOLE RISK AND THAT THE PROGRAM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.
YOUR USE OF THE PROGRAM AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROGRAM IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH USE.
QVAPPS FURTHER EXPRESSLY DISCLAIMS (ON BEHALF OF ITSELF, QVAPPS’ BILLING PROVIDERS, AND ANY NETWORK OPERATORS ENABLING OR FEATURING QVAPPS) ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
13. LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT QVAPPS AND ANY NETWORK OPERATORS ENABLING OR FEATURING QVAPPS SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, INCLUDING ANY LOSS OF DATA, WHETHER OR NOT QVAPPS OR ANY NETWORK OPERATORS ENABLING OR FEATURING QVAPPS, OR ANY OF THEIR REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
To the maximum extent permitted by law, You agree to defend, indemnify and hold harmless QVApps and any network operators enabling or featuring QVApps and each of those parties respective directors, officers, employees and agents from and against any and all third party claims, actions, suits or proceedings, as well as any and all liabilities, assessments, losses, damages, costs and expenses (including reasonable attorneys fees) resulting from or arising out of: (i) Your breach of the Agreement; (ii) Content You submit through the Program; (iii) Your infringement or violation of any copyright, trademark, trade secret, trade dress, patent or other intellectual property right, or defamation of any person or violation of their rights of publicity or privacy; and (iv) misuse of the Program by a third party where such misuse was made available by Your failure to take reasonable measures to protect Your username and password against misuse.
15. Changes to the Program or this Agreement
QVApps reserves the right, at its discretion, to modify or change the terms of this Agreement at any time without prior notice. In order to continue Your participation in the Program, You must accept and agree to the new terms of the Agreement. If You do not agree to the new terms, Your use of the Program will be suspended or terminated. QVApps may also update the general requirements, rules and polices around participation in the Program at any time. You will be responsible for reviewing and becoming familiar with any such modifications (including but not limited to new terms, updates, revisions, supplements, guidelines, and any additional rules, policies, terms and conditions (“Additional Terms”) communicated to You by QVApps. All Additional Terms are hereby incorporated into this Agreement by this reference, and Your continued use of the Program will indicate Your acceptance of any Additional Terms. You must discontinue Your use of the Program if You do not accept the Additional Terms.
Nothing in this Section shall affect QVApps’ rights under Sections 3 (Termination of Your Publisher Account) or 11 (Terminating this Agreement) above.
16. Open Source Software
If Your Content includes any Open Source Software, You warrant that You comply with all applicable Open Source Software license terms. Furthermore, You warrant that You will not use any Open Source Software in such a way that would cause the non-Open Source Software portions of the Program, QVApps, or any other QVApps software or the software of any of QVApps ‘billing providers or any network operators enabling or featuring QVApps to be subject to any Open Source Software license terms. 17. General Legal Terms
17.1. Dispute Resolution; Governing Law. Except where prohibited by applicable law or provided otherwise herein, this Agreement shall be governed by the laws of the Netherlands without regard to its conflict of law provisions. Any dispute, controversy or claim arising out of or in connection with this Agreement, or the breach, termination or invalidity thereof, shall be settled by arbitration under the Rules of Arbitration of the Finnish Central Chamber of Commerce. The arbitral tribunal shall be composed of a sole arbitrator located in Amsterdam, The Netherlands in English. Nothing in this Agreement shall limit QVApps’ right to seek interim injunctive relief or to enforce an arbitration award in any court of law.
17.2. Assignment. The rights granted in this Agreement may not be assigned or transferred by You without the prior written approval from QVApps. You shall not be permitted to delegate Your responsibilities or obligations under this Agreement without the prior written approval from QVApps. Any attempted assignment of this Agreement without prior written approval will be null and void.
17.4. Relationship of the Parties. The parties acknowledge that other than the contractual relationship established by this Agreement, this Agreement will not be construed as creating any other relationship, or agency, partnership, employment, joint venture, fiduciary duty, or franchise, or any other form of legal association between You and QVApps. This Agreement is not for the benefit of third parties; provided, however, that QVApps’ billing providers and any network operators enabling or featuring QVApps each shall be third-party beneficiaries for purposes of Sections 5.5, 5.6, 7.3, 11.4, 12, 13, and 14.
17.5. Notices. Any notices relating to this Agreement shall be in writing. Notices will be deemed given by QVApps when sent to You at the email address or mailing address You provided during registration as a publisher for the Program. You consent to receive notices by email and agree that any such notices that QVApps sends You electronically by email will satisfy any legal communication requirements. You may change Your email address by updating Your registration data that You provided during registration. You may provide notices under this Agreement to QVApps in writing at the following address: Trework, Jacob Catslaan 44, 1422HX, Uithoorn, The Netherlands.
17.6. Waiver and Construction. You agree that if QVApps does not exercise or enforce any legal right or remedy which is contained in this Agreement (or which QVApps has the benefit of under any applicable law), this will not be taken to be a formal waiver of QVApps’ rights and that those rights or remedies will still be available to QVApps. You agree that any laws, regulations or cases that provide that the language of a contract will be construed against the drafter will not apply to this Agreement.
17.7. Export Control. Content provided via the Program may be subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to Your distribution or use of Your Content. These laws include restrictions on destinations, users and end use. In particular, but without limitation, there are export restrictions (i) into any United States embargo countries; and (ii) to anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Department of Commerce Denied Person’s List or Entity List. You represent and warrant that You are not located in any such country or on any such list.
17.8. Entire Agreement. This Agreement constitutes the entire legal agreement between You and QVApps, governs Your use of the Program, and supersedes all prior understandings and agreements between You and QVApps regarding the Program.
Last update 08/01/2010
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