Terms of Service

Last Updated: October 9, 2018

Please read these Terms of Service (the “Agreement”) carefully.  Your use of the Site (as defined below) constitutes your consent to this Agreement.

This Agreement is between you and WCI One, LLC (“Company” or “we” or “us”) concerning your use of (including any access to) our site currently located at Quibi.com (together with any materials and services available therein, and successor site(s) thereto, the “Site”).  This Agreement hereby incorporates by this reference any additional terms and conditions posted by Company through the Site or otherwise made available to you by Company.

By using the Site, you affirm that you are of legal age to enter into this Agreement or, if you are not, that you have obtained parental or guardian consent to enter into this Agreement.

  1. Changes. We may change this Agreement from time to time by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Site.  Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes.

Your use of the Site following any changes to this Agreement will constitute your acceptance of such changes.  The “Last Updated” legend above indicates when this Agreement was last changed.  We may, at any time and without liability, modify or discontinue all or part of the Site (including access to the Site via any third-party links); charge, modify, or waive any fees required to use the Site; or offer opportunities to some or all Site users.

  1. Information Submitted Through the Site. Your submission of information through the Site is governed by our Privacy Policy, located at www.quibi.com/privacy. You represent and warrant that any information you provide in connection with the Site is and will remain accurate and complete, and that you will maintain and update such information as needed.
  2. Jurisdictional Issues. The Site is controlled and operated from the United States and is not intended to subject Company to any non-U.S. jurisdiction or law.  The Site may not be appropriate or available for use in some non-U.S. jurisdictions.  Any use of the Site is at your own risk, and you must comply with all applicable laws, rules, and regulations in doing so.  We may limit the Site’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
  3. Rules of Conduct. In connection with the Site, you must not:
  • Post, transmit or otherwise make available through or in connection with the Site any materials that are or may be:  (a) threatening, harassing, degrading, hateful, or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent, or otherwise tortious; (c) obscene, indecent, pornographic, or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity, or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
  • Post, transmit, or otherwise make available through or in connection with the Site any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.
  • Use the Site for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.
  • Harvest or collect information about users of the Site.
  • Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available, including by hacking or defacing any portion of the Site, or violate any requirement, procedure, or policy of such servers or networks.
  • Restrict or inhibit any other person from using the Site.
  • Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute, or otherwise exploit any portion of (or any use of) the Site except as expressly authorized herein, without Company’s express prior written consent.
  • Reverse engineer, decompile or disassemble any portion of the Site, except where such restriction is expressly prohibited by applicable law.
  • Remove any copyright, trademark, or other proprietary rights notice from the Site.
  • Frame or mirror any portion of the Site, or otherwise incorporate any portion of the Site into any product or service, without Company’s express prior written consent.
  • Systematically download and store Site content.
  • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine,” or otherwise gather Site content, or reproduce or circumvent the navigational structure or presentation of the Site, without Company’s express prior written consent.  Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Site’s root directory, Company grants to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials.  Company reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.

You are responsible for obtaining, maintaining, and paying for all hardware and all telecommunications and other services needed to use the Site.

  1. Feedback. If you provide to us any ideas, proposals, suggestions, or other materials (“Feedback”), whether related to the Site or otherwise, you hereby acknowledge and agree that such Feedback is not confidential and that your provision of such Feedback is gratuitous, unsolicited, and without restriction, and does not place Company under any fiduciary or other obligation.  You hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable, and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform, and display (publicly or otherwise), create derivative works of, adapt, modify, and otherwise use, analyze, and exploit such Feedback, in any format or media now known or hereafter developed and for any purpose (including promotional purposes, such as testimonials).  In addition, you hereby acknowledge and agree that such Feedback is not confidential and that your provision of such Feedback is gratuitous, unsolicited, and without restriction and does not place Company under any fiduciary or other obligation.

You represent and warrant that you have all rights necessary to grant the licenses granted in this section and that your Feedback and your provision thereof through and in connection with the Site is not fraudulent, tortious, or otherwise in violation of any applicable law or any right of any third party.  You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding Feedback that you may have under any applicable law under any legal theory.

  1. Your Limited Rights. Subject to your compliance with this Agreement, and solely for so long as you are permitted by Company to use the Site, you may view one (1) copy of any portion of the Site to which we provide you access under this Agreement, on any single device, solely for your personal, non-commercial use.
  2. Company’s Proprietary Rights. We and our suppliers own the Site, which is protected by proprietary rights and laws.  Our trade names, trademarks, and service marks include “Quibi” and any associated logos.  All trade names, trademarks, service marks, and logos on the Site not owned by us are the property of their respective owners.  You may not use our trade names, trademarks, service marks, or logos in connection with any product or service that is not ours or in any manner that is likely to cause confusion.  Nothing contained on the Site should be construed as granting any right to use any trade names, trademarks, service marks, or logos without the express prior written consent of the owner.
  3. Third Party Materials; Links. Certain Site functionality may make available access to information, products, services, and other materials made available by third parties (“Third Party Materials”) or allow for the routing or transmission of such Third Party Materials, including via links.  By using such functionality, you are directing us to access, route, and transmit to you the applicable Third Party Materials.

We neither control nor endorse, nor are we responsible for, any Third Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness, or safety of Third Party Materials or any intellectual property rights therein.  Nothing in this Agreement shall be deemed to be a representation or warranty by Company with respect to any Third Party Materials.  We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) through the Site at any time.  In addition, the availability of any Third Party Materials through the Site does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider.

Your use of Third Party Materials is at your own risk and is subject to any additional terms, conditions, and policies applicable to such Third Party Materials (such as terms of service or privacy policies of the providers of such Third Party Materials).

  1. Disclaimer of Warranties. To the fullest extent permitted under applicable law:  (a) the Site and any Third Party Materials are made available to you on an “As Is,” “Where Is,” and “Where Available” basis, without any warranties of any kind, whether express, implied, or statutory; and (b) Company disclaims all warranties with respect to the Site and any Third Party Materials, including the warranties of merchantability, fitness for a particular purpose, non-infringement, and title.  All disclaimers of any kind (including in this section and elsewhere in this Agreement) are made for the benefit of both Company and its affiliates and their respective equityholders, managers, directors, officers, employees, affiliates, agents, representatives, licensors, suppliers, and service providers (collectively, the “Affiliated Entities”) and their respective successors and assigns.

While we try to maintain the timeliness, integrity, and security of the Site, we do not guarantee that the Site is or will remain updated, complete, correct, or secure, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors, and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Site.  If you become aware of any such alteration, contact us at inquiries@quibi.com with a description of such alteration and its location on the Site.

  1. Limitation of Liability.  To the fullest extent permitted under applicable law: (a) Company will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages of any kind, under any contract, tort (including negligence), strict liability, or other theory, including damages for loss of profits, use or data, loss of other intangibles, loss of security of submissions, even if advised in advance of the possibility of such damages or losses; (b) without limiting the foregoing, Company will not be liable for damages of any kind resulting from your use of or inability to use the Site or from any Third Party Materials, including from any virus that may be transmitted in connection therewith; (c) your sole and exclusive remedy for dissatisfaction with the Site or any Third Party Materials is to stop using the Site; and (d) the maximum aggregate liability of Company for all damages, losses, and causes of action, whether in contract, tort (including negligence) or otherwise, shall be the total amount, if any, paid by you to Company to use the Site. All limitations of liability of any kind (including in this section and elsewhere in this Agreement) are made for the benefit of both Company and the Affiliated Entities and their respective successors and assigns.
  2. Indemnity. To the fullest extent permitted under applicable law, you agree to defend, indemnify, and hold harmless Company and the Affiliated Entities, and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including attorneys’ fees) arising out of or relating to (a) your use of, or activities in connection with, the Site (including your Feedback); and (b) any violation or alleged violation of this Agreement by you.
  3. Termination. This Agreement is effective until terminated.  Company may terminate or suspend your use of the Site at any time and without prior notice, for any or no reason, including if Company believes that you have violated or acted inconsistently with the letter or spirit of this Agreement.  Upon any such termination or suspension, your right to use the Site will immediately cease.  Sections 2-5 and 7-14 shall survive any expiration or termination of this Agreement.
  4. Governing Law; Jurisdiction. This Agreement is governed by and shall be construed in accordance with the laws of the State of California, U.S.A., without regard to its principles of conflicts of law, and regardless of your location.  You agree to exclusive jurisdiction of the federal and state courts located in Los Angeles County, California, U.S.A., and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
  5. Miscellaneous. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Company.  If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision.  You may not assign, transfer, or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent.  We may assign, transfer, or sublicense any or all of our rights or obligations under this Agreement without restriction.  No waiver by either party of any breach or default under this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default.  Any heading, caption, or section title contained herein is for convenience only, and in no way defines or explains any section or provision.  All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified.  Any use of the term “including” or variations thereof in this Agreement shall be construed as if followed by the phrase “without limitation.”  This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and Company relating to the subject matter hereof and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Company relating to such subject matter.  Notices to you (including notices of changes to this Agreement) may be made via posting to the Site or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  Company will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.
  6. Contact Us. If you have a question regarding the Site, please send an e-mail to inquiries@quibi.com.

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