Terms of Service

Introduction

Effective date: September 18, 2019

Quadretto (“us”, “we”, or “our”) operates the https://roboxplore.com website. These Quadretto Terms of Service for Vendors, both basic and premium accounts, (“Vendor Terms”) are entered into and agreed to by Quadretto and all Vendors as a condition of accessing and using our Site and/or Services. Among other things, these Vendor Terms govern:

1. Product listings
2. Our reviews program
3. Purchase of our vendor services.

These Vendor Terms apply to both basic and premium Vendors.

It is your responsibility to make sure you keep checking these Vendor Terms regularly for changes that might have arisen. By using our site, you acknowledge that you have fully read, understood and agreed to our legally binding vendor terms. If you do not agree, then you should not use our site. As a Vendor, you hereby agree to the following:

USE OF WEBSITE:

By accessing and using our Sites, you agree to comply in all respects with these Vendor Terms, our Privacy Policy as well as any other rules we make known to you. You acknowledge that you are responsible for your actions and for all Content you post on our Sites. You represent and warrant, to the best of your knowledge:

• That any and all information you post or provide, is true and that you will not allow any other person or entity to use your Account;
• That you have all necessary right to enter into these Vendor Terms and to fulfill Your contractual obligations hereunder;
• That you will not post or otherwise provide Content that is unlawful, tortious, malicious, defamatory, infringing, libelous, abusive, disparaging, pedophilic, pornographic, obscene, invasive of another’s privacy, promotes illegal activities/conduct or violates local, state, national or other applicable laws or regulations;
• That you will not post or otherwise provide Content that contains a software virus or any other code files or programs with the ability to interrupt, destroy, compromise, or otherwise limit the functionality of any computer software or hardware or telecommunications equipment;
• That the information and Content you upload, post, e-mail, transmit, or otherwise make available to us or on our Sites, including without limitation Product Listings, trademarks, logos, screenshots and responses to user reviews, is accurate and free of third party encumbrances;
• That you shall not nor shall you authorize any third party to (i) generate automated, fraudulent or otherwise invalid impressions, inquiries, conversions, clicks or other actions; (ii) intentionally misrepresent their company, products and services; or (iii) advertise anything illegal or engage in any illegal or fraudulent business practice;
• That you will not post or otherwise provide Content that you do not have the right to make available under any law or contractual or fiduciary relationship (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or information protected under nondisclosure agreements);
• That you will not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of our Sites or our other Vendors without our express written consent;
• That you will not access our Sites and Services by any means other than through interfaces expressly authorized by us and these Vendor Terms.
• That you will not forge headers or otherwise manipulate identifiers for the purpose of disguising the origin of any Content posted on the Sites;
• That you will not avoid, bypass, reverse engineer, interfere with, deactivate, impair, descramble or otherwise circumvent any technical measure implemented by us to administer and protect our Sites and Services;
• That you will not use any automated means or form of data scraping or data extraction to access, query, download or otherwise collect our Content or related information from any of our Sites (except as expressly permitted by us) or otherwise without authorization use or upload our Content; or create new links, reposts, or referrals through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers and data mining tools);
• That you will not duplicate, download, publish, modify or otherwise distribute our Content for any purpose other than for your own individual use;
• That you will not collect or “harvest” from the Sites the personal information (“Information”) of other Users or Vendors without their consent for the purpose of transmitting unsolicited commercial mass mailings, “spamming” or for any other unlawful purpose;

At our discretion, we may monitor and close your account on our Sites, and/or edit or remove Content that violates or otherwise fails to comply with these Vendor Terms.

AGE REQUIREMENTS:

Our Sites and Services are intended solely for Users who are 18 years of age or older. Any access to or use of our Sites or Services by anyone under 18 is expressly prohibited. By accessing or using our Sites or Services you represent and warrant that you are 18 years of age or older.

OUR VENDOR PORTAL, PRODUCT LISTINGS, & VENDOR SERVICES:

How our Vendor Offerings Work:

Every vendor (basic and premium) has a Product Listing, which they are entitled to access and selectively update by contacting our sales team at sales@roboxplore.com. Vendor Accounts and Product Information (including Product Profile and Product Listing) posted on our Sites are non-cancellable. We create our Vendor Product Listings from publicly available information.

Upgraded Vendor Services:

For information on premium Vendor services, contact sales@roboxplore.com.

Vendor Product Listings & Profiles:

Vendor Product Listings (also known as Profiles) are descriptions of vendor’s products (including vendor name & logo, product name & description, screenshots) created by us from publicly available content, vendor contributed modifications and any other content we create or license, which are featured in our online software directories. Vendor shall ensure that the Vendor Content it contributes or approves for its Product Listing, Profile and other Product Information complies with these Vendor. Listed company names are the service marks and trademarks of their respective companies.

REVIEWS PROGRAM

In addition to the Vendor Product Listings and Profiles, our Site also host a User Reviews program where they allow verified users to review software vendor products. You acknowledge and agree that we, as the website operator, are merely providing a platform for these user-generated reviews; and that all such reviews represent the opinions of the reviewers of those software products and not our opinions. If a vendor is concerned about a user-generated review on our Sites, they can contact our support team at support@roboxplore.com

INTELLECTUAL PROPERTY RIGHTS:

Our Sites are comprised of Content created by us, our Partners, our Vendors and our Users. This section sets out the ownership and usage rights for each type of Content.

Our Intellectual Property:

Our Sites, including without limitation the Product Listings we create from publicly available content and any other content we create or license, Services, along with the domain names, and all intellectual property rights therein (collectively, the “Quadretto IP”), are the property of Quadretto, its Affiliates and/or its authorized licensors.

We grant to Vendor a worldwide, revocable, royalty-free, non-exclusive license to use, view and download the Quadretto IP for Vendor’s personal, non-commercial use in accordance with these Vendor Terms. Except to the extent otherwise expressly permitted under copyright law, Vendor will not copy, reproduce, modify, use, distribute, display, create derivative works of or otherwise exploit the Quadretto IP without the express written consent of Quadretto or the applicable copyright owner.

Vendor IP:

Except for Product Information lawfully collected or created by us, Vendor retains all right, title and interest in and to the Content it submits to us to update or modify its listing (see below), as well as to its logos, trademarks and screenshots (collectively, “Vendor IP”) and grants to Quadretto, its Affiliates and Partners a perpetual, worldwide, irrevocable, royalty-free, non-exclusive, sub-licensable license (i) to use the Vendor IP in the ordinary course of its business (ii) to advertise, market, promote and publicize Vendor and its products on our Site; and (iii) to modify and/or remove Vendor Content as we may determine in our sole discretion.

Product Listing:

Quadretto retains all right, title and interest in and to the Product Listing it creates from publicly available content and grants to Vendor free of charge a license to use, update and (at our discretion) modify the Product Listing (“Modified Product Listing”) subject to the following:

• We may make minor modifications to the Modified Product Listing (including adding our own content) to ensure compliance and for testing and quality control purposes to improve the user experience;
• We may share the Modified Product Listing (including Vendor account information) internally with our Affiliates in the ordinary course of our business; and
• We may post the Modified Product Listing on our Content or Sites or the content and sites of our Partners where we place ads in order to drive web traffic and quality leads in the ordinary course of our business.

All intellectual property rights not expressly granted hereunder are expressly reserved to Quadretto and to the respective owners of such rights.

COPYRIGHT INFRINGEMENT CLAIMS:

We respect the intellectual property rights of others and will not tolerate infringing activity on our Sites. If you are a copyright owner or agent, and you believe your rights under applicable Copyright laws are being infringed by us or another person or entity using our Sites or Services, you may submit to our Copyright Agent (aw@roboxplore.com) a written notification which includes the following information:

• A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;
• Identification of the work or material being infringed, or, if multiple works are covered by a single notification, a representative list of such works;
• Your contact information, including phone number and e-mail address at which you may be contacted;
• Your good faith statement that the use of the work or material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in your notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the allegedly infringed copyright.

We reserve the right to seek damages from any person who knowingly, materially submits a DMCA notification claim under this section in violation of the law.

DATA PROTECTION:

Each of Quadretto and Vendor agrees, in fulfilling its respective obligations under these Vendor Terms, to comply with all applicable data privacy legislation and with the terms of our Privacy Policy, which describes how we collect, use and safeguard your personal information to administer your Services and Site experience.

DISCLAIMER:

Your use of our sites and services is at your own risk. To the fullest extent permitted by applicable law, our sites and services are provided on an “As is” and “As available” basis, without warranties of any kind, express or implied, including without limitation: any implied warranties of merchantability, fitness for a particular purpose, non-infringement of third party intellectual property rights, title, custom, trade, quiet enjoyment, accuracy of informational content or system integration. We do not warrant that our sites will be secure, available or operate in an uninterrupted or error-free manner; that errors or defects will be corrected; or that the content on our sites is accurate or appropriate for you and your business needs.

FORCE MAJEURE:

Neither party will be liable for any failure or delay of performance under these Vendor Terms resulting from a force majeure event beyond the reasonable control of a party, including without limitation, natural disasters, acts of God, government regulations, war, terrorism, labor disputes and power failures.

LIMITATION OF LIABILITY:

Neither we nor Vendor will be liable for any consequential, special, indirect, exemplary or punitive damages arising out of or in any way related to these Vendor Terms or Your use of our Sites and Services, including without limitation loss of profits, revenue, interest, goodwill, loss or corruption of data or other interruption of business (whether in contract, tort or under other legal theory), even if advised of the possibility of such damages.

TERMINATION:

We reserve the right in our sole discretion, without penalty and at any time without notice, to modify or discontinue (temporarily or permanently) Vendor’s access to our Sites and Services, or any part thereof if we believe that Vendor is violating these Vendor Terms. If Vendor uses or attempts to use our Site for any purpose that contravenes these Vendor Terms (including without limitation tampering, hacking, data scraping, modifying or otherwise corrupting the security or functionality of the Services), Vendor may also be subject to civil and criminal liability. The parties acknowledge and agree that the Vendor Account and Product Information (including Product Profile and Product Listing) posted on our Sites are non-cancellable. We create our Vendor Product Listings from publicly available information in order to ensure a comprehensive picture of every segment of the software industry.

WAIVER & SEVERABILITY:

Our failure to act with respect to a breach will not constitute a waiver and does not waive our right to act with respect to subsequent or similar breaches. If any of these Vendor Terms shall be deemed invalid, void, or for any reason unenforceable under applicable law, then that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term or provision of these Vendor Terms.

ENTIRE AGREEMENT:

These Vendor Terms, along with our Privacy Policy, constitute the exclusive agreement between the parties with respect to the subject matter hereof; and supersede, replace any/or nullify any conflicting or additional terms. We reserve the right to update or otherwise modify these Vendor Terms from time to time. You are responsible for checking these Vendor Terms periodically for changes and updates. Your use of our Sites and Services following such posted changes and updates will be deemed an acceptance of such changes and updates.