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Mini-Reviews by Members / Re: Qiqqa - Reference Management System - Mini-Review
« Last post by IainB on March 11, 2013, 01:50 AM »@DBC: In response:
Here are the current, full Qiqqa Ts & Cs: (location: C:\Program Files (x86)\Qiqqa\licenses\license.txt)
(Surprisingly, perhaps, it's not a PDF document in the Library!)
I have emboldened the bit you quoted.
I had scanned over the Agreement as it was quite a while back, and though I forget the details, my take on the Qiqqa approach then was that it was intentional to use your account/data info as legitimate aggregated (non-personal) marketing demographics to enable ad-targeting. I thought this only applied to the unpaid versions of Qiqqa, and if you had a paid account, then you would not get targeted ads.
Main points I would consider:
Here are the current, full Qiqqa Ts & Cs: (location: C:\Program Files (x86)\Qiqqa\licenses\license.txt)
(Surprisingly, perhaps, it's not a PDF document in the Library!)
I have emboldened the bit you quoted.
Spoiler
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--- Qiqqa Terms and Conditions
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--- Copyright © Quantisle 2010-2013. All rights reserved.
--- Updated 11 November 2012
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By using Qiqqa, you are agreeing to be bound by these Terms and Conditions.
Qiqqa is Copyright © Quantisle 2010-2013. All rights reserved.
Qiqqa, Qiqqa Premium and the Qiqqa Web Library (from now on “Qiqqa”) are offered as
Services to you by Quantisle Ltd.
These Terms and Conditions cover the Services currently provided by Qiqqa. However, as we
strive to improve our service to you, new features may be made available to you. In the
event of material change (as determined by Quantisle Ltd.) to our service to you, we will
update these Terms and Conditions and notify you of the changes when you upgrade. We also
reserve the right to modify or discontinue any of the Services we provide to you. Any
changesto the Terms and Conditions come into immediate effect as soon as we make them
publically available.
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Your Content
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You use Qiqqa to manage your research, be it the management of your PDF documents, the
metadata for those documents (not limited to titles, authors, abstracts and references),
and any annotations that you may have added to those documents (not limited to ratings
and keywords) (collectively, “Content”).
By adding Content to Qiqqa and/or syncing your Content with a Web Library, you grant
Quantisle Ltd. a world-wide license to use this Content for the provision of PERSONALISED
services to you (not limited to parsing, indexing, transmission and storage) and for the
provision of anonymized AGGREGATED services to other users of Qiqqa (not limited to
aggregated crowd-sourced metadata and group recommendations). The rights to the
ownership of the Content remain entirely yours.
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Acceptable Content
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The following points must be followed in spirit as well as in letter to all forms of your
use of Qiqqa:
• Quantisle Ltd. is not responsible for the management of any Content provided
by you from other parties. If you believe that third-party Content has been,
or is being made available to you through Qiqqa in breach of their license or
rights please let us know immediately via the Qiqqa support website.
• You will provide only Content,
(i) to which you are permitted;
(ii) which was produced within, and complies with applicable law in your
country and the United Kingdom.
• You will not provide Content,
(i) that encourages illegal activity;
(ii) that contains information whose publication (accidental or not) will
cause financial damages or violate applicable law;
(iii) that infringes third-party rights, or that breaches data protection
or privacy rights;
(iv) that will cause detriment to the health of any person.
• Quantisle Ltd. will not be liable for any losses, damages or claims that arise
because of your use of Qiqqa or the provision, storage, loss, transmission,
distribution or publication of your Content.
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Acceptable use
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You will not use Qiqqa,
(i) to bring Quantisle Ltd. into disrepute;
(ii) to knowingly reduce our capacity to provide our services,
(iii) to cause undue cost or damages to Quantisle Ltd.;
(iv) to reverse engineer our products.
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Your non-personal information
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Qiqqa continuously collects non-personal information about how you use our services. You
agree that we can use this information to improve our service to you and to others, and
that we may disclose some of this information if required to comply with applicable law.
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Services
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Qiqqa provides various for-pay Services (not limited to Unlimited Web Libraries and Qiqqa
Premium).
Use of these Services can be purchased, earned (not limited to various promotional
campaigns and social media incentive programmes) or awarded by an authorised Qiqqa
representative.
Unless otherwise provided by law, all charges resulting from purchases of Services are
earned by Quantisle Ltd. when received and are nonrefundable, and the costs of any
returns will be at your expense.
Quantisle Ltd. may cancel or suspend your purchased Services at our discretion. If we
cancel a Service in its entirety without cause, we'll refund to you on a pro-rata basis
any payments that you have made based on the portion of the Service that would otherwise
remain.
Unless otherwise provided by law, earned and awarded Services have zero monetary value
whatsoever, are not transferrable, and can be revoked by Quantisle Ltd. at our
discretion.
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Payments to Quantisle Ltd. for the provision of Services
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You must be authorized to use the payment method with which you pay Quantisle Ltd. You
authorise us to charge you up-front for the Service at the time of purchase or shortly
after purchase using your payment method.
When you make a payment to Quantisle Ltd. for a Service, you understand that Qiqqa
endeavours to provide the Service immediately. To this effect you will not be entitled
to a cancellation or "cooling off" period, except if the law requires a cooling off
period despite your waiver and even when a Service starts right away.
Services are provided on an account top-up basis by your instruction, and therefore
there is no basis nor need for you to cancel a Service.
The price stated for the Service includes all taxes and PayPal fees. You're responsible
for all other charges accrued to your payment method.
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Termination
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Quantisle Ltd. reserves the right to terminate at our discretion your use of Qiqqa and
delete from Qiqqa any Content you have stored with Qiqqa. At our discretion we will
endeavour to give you reasonable notice in this eventuality unless you are materially
in breach of these Terms and Conditions.
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Disclaimer of warranty
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Unless required by applicable law or agreed to in writing, Quantisle Ltd. provides Qiqqa
on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or
implied, including, without limitation, any warranties or conditions of TITLE,
NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely
responsible for determining the appropriateness of using or redistributing Qiqqa and
assume any risks associated with your exercise of permissions under these Terms and
Conditions.
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Limitation of Liability
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In no event and under no legal theory, whether in tort (including negligence), contract,
or otherwise, unless required by applicable law (such as deliberate and grossly negligent
acts) or agreed to in writing, shall Quantisle Ltd. be liable to you for damages,
including any direct, indirect, special, incidental, or consequential damages of any
character arising as a result of these Terms and Conditions or out of the use or
inability to use Qiqqa (including but not limited to damages for loss of goodwill, work
stoppage, computer failure or malfunction, or any and all other commercial damages or
losses), even if you had been advised of the possibility of such damages.
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Trademarks
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These Terms and Conditions do not grant permission to use the trade names, trademarks,
service marks or product names of Quantisle Ltd, including the product name Qiqqa, except
as required for reasonable and customary use in describing the origin of Qiqqa.
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Qiqqa Champion Affiliate Programme
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The following are the terms and conditions (this "Agreement" or the "Terms") for
affiliates that direct potential customers to any Qiqqa web site (the "Site") and where
Qiqqa has agreed to pay that affiliate ("you") for directing those potential customers to
the Site.
1. Acceptance
By submitting your application for being an affiliate of the Site, you agree to be bound
by the Terms as stated herein without modification.
2. Site's Terms and Conditions
In addition to these terms and conditions, you are bound by the terms and conditions of
the Site.
3. Nature of the Relationship
The nature of the relationship between Quantisle Ltd. and you will be that of independent
contractors for all purposes and in no event will any person employed by you be held or
construed to be employees of Quantisle Ltd. Specifically, Quantisle Ltd. is not a member
of any partnership, joint venture or franchise arrangement with you.
4. Ownership and use of Qiqqa Materials
"Qiqqa Materials" include any legal materials, documents, contracts, software, products,
web links, promotional material, email, information, partial Qiqqa Material or any other
materials provided by Quantisle Ltd., the Site or any Qiqqa service in any way. Quantisle
Ltd. retains complete ownership and all rights to the Qiqqa Materials. You do not have
the right to use or change any of the Qiqqa Materials without prior written consent of
Quantisle Ltd. You do not have the right to use any Qiqqa Materials for third party or
competitive use. All use of Qiqqa Materials, with or without prior written consent, will
cease after termination of this agreement.
5. Term
This Agreement will be for an indefinite term and can be terminated immediately without
cause by either Quantisle Ltd. or you providing notice to the other party. Upon
termination, you will stop using Qiqqa Materials and you will discontinue any use of any
Qiqqa or Quantisle Ltd. trademarks.
6. Your Compensation
Quantisle Ltd. agrees to pay you a commission of thirty percent (30%) of all Qiqqa Premium
and Qiqqa Premium+ sales (excluding fees paid to external service providers and fees paid to
external suppliers) generated from Qiqqa users with your Referral Code. This Referral
Code will be applied by a new Qiqqa user as part of the creation of their Qiqqa account.
You will get credit for such sales each time an account with your Referral Code purchases
a Qiqqa Premium or Premium+ subscription. In lieu of a commission (or in lieu of part of
it), you can elect to purchase Qiqqa services of equivalent value (but not applicable to
fees paid to external service providers or fees paid to external suppliers). Payments are
calculated on a monthly basis and payment will be sent within five business days when
commissions payable total $50 or more. You will have access to sales and commission
reports available through the Qiqqa Champion Affiliate Program.
7. Content Development
You are solely responsible for all content development (and its cost) that you use to
promote Qiqqa.
8. Confidentiality
You may be given or obtain access to non-public information of Quantisle Ltd. that
Quantisle Ltd. considers to be of a confidential, proprietary, or trade secret nature,
including, but not limited to, customer information, pricing, financial and operational
information, business information and marketing information, in whatever form or media,
whether or not marked as confidential (collectively "Confidential Information"). You agree
not to use any Confidential Information disclosed to you by Quantisle Ltd. for your own use
or for any purpose other than to carry out your obligations under this Agreement. You will
not disclose any Confidential Information to third-parties or to your employees or agents,
other than employees and agents who are required to have the information in order to carry
out your obligations under this Agreement. You agree to notify Quantisle Ltd. immediately and
in writing of any misuse or misappropriation of Quantisle Ltd.'s Confidential Information,
which may come to your attention and to return Quantisle Ltd.'s Confidential Information upon
the request of Quantisle Ltd.
Confidential Information shall not apply to: (a) information that is or becomes a matter
of public knowledge through no fault of or action by you, (b) information that prior to
disclosure was rightfully in your possession as a result of disclosure by a third-party
under no obligation or restriction of confidentiality, (c) information that, subsequent
to disclosure, is rightfully obtained by you from a third-party under no obligation or
restriction of confidentiality, and (d) information that is independently developed by
you without use, knowledge or access to the Confidential Information of Quantisle Ltd.
9. Return of Confidential Property
Upon Quantisle Ltd.'s request (and upon termination of this Agreement), you will deliver to
Quantisle Ltd. all Confidential Information, memoranda, notes, records, drawings, manuals,
disks, or other documents and media pertaining to Quantisle Ltd.'s business including all
copies, extracts, summaries and analyses.
10. Indemnification
You agree to indemnify and hold Quantisle Ltd., its directors, officers, shareholders,
successor and predecessor companies, attorneys, agents and employees harmless from any claim,
demand, or damage, including reasonable attorneys' fees and costs, asserted by any third
party due to or arising out of the your actions (including but not limited to
advertising, web site content or how you otherwise direct potential customers to our
site).
11. Limitations of damages
Quantisle Ltd. will not be liable to you for any exemplary, punitive, special or consequential
damages, including lost revenues, lost profits or lost prospective economic advantage
arising from any act or omission in performance or failure to perform under this
Agreement, even if Quantisle Ltd. is at fault and/or knew or should have known of the
possibility thereof, and you hereby release and waive any claims against Quantisle Ltd.
regarding such damages.
12. Trademarks and other Intellectual Property
You acknowledge that all rights in any registered trademarks or any pending trademark
registrations associated with the business of Quantisle Ltd. (i.e., trademarks, service marks,
slogans, logos, designs and other similar means of distinction), including all goodwill
pertaining thereto, shall be the sole property of Quantisle Ltd. You may use and display such
trademarks only in the manner and for the purpose authorized by Quantisle Ltd., and only during
the Term of this Agreement. Quantisle Ltd. reserves the right to add to, change or discontinue
the use of any trademark it owns, on a selective or general basis, at any time. You shall not
use any trademark or trade name of Quantisle Ltd. in any corporate, partnership or business
name without Quantisle Ltd.'s prior written consent. Qiqqa is a trademark of Quantisle Ltd.
13. Media
No press releases mentioning your affiliate program participation may be made without
prior written consent of Quantisle Ltd. to a release being made. You will provide a copy of
any press releases to Quantisle Ltd.
14. Conduct
You agree to conduct yourself with due regard to public conventions and morals and agree
that you will not do or commit any act or thing that will tend to degrade Qiqqa or Quantisle Ltd.
or bring it into public hatred, contempt, scorn or ridicule or that will tend to shock, insult or
offend the community or ridicule public morals or decency. Further, you will not market
Qiqqa's Site or products using illegal, unethical, or misleading methods, or through
inaccurate content.
15. Modification to Terms
Quantisle Ltd. reserves the right to change these terms at any time and to notify you by
updating and posting these terms on its Site. Quantisle Ltd. is not bound by any other
modifications to these terms and conditions unless signed in writing by an authorized Quantisle
Ltd. officer.
16. Entire Agreement
This Agreement and the Site's terms and conditions constitute the entire agreement
between you and Quantisle Ltd. which is the owner of the Qiqqa trade name, brand and
trademark.
17. Assignment
This Agreement cannot be assigned.
18. Waivers
No failure or delay, on the part of Quantisle Ltd., in exercising any right or power under
these Terms will operate as a waiver of such right or power.
19. Severability
The invalidity or unenforceability of any provision of these Terms or the Site's terms
and conditions are intended to be read and construed independently of each other. If any
term, covenant, condition or provision of this Agreement is held by a court of competent
jurisdiction to be invalid, void or unenforceable, it is the parties' intent that such
provision be reduced in scope by the court only to the extent deemed necessary by that
court to render the provision reasonable and enforceable and the remainder of the
provisions of this Agreement will in no way be affected, impaired or invalidated as a
result.
20. End User
The end user of Qiqqa's Material will be subject to the Site's terms and conditions and
disclaimers.
21. Binding Effect
This Agreement will pass to the benefit of and be binding upon the respective heirs,
executors, administrators, successors of Qiqqa and you.
22. Headings
The headings, captions, titles, and numbering system are inserted only as a matter of
convenience and may under no circumstances be considered in interpreting the provisions
of this Agreement.
I had scanned over the Agreement as it was quite a while back, and though I forget the details, my take on the Qiqqa approach then was that it was intentional to use your account/data info as legitimate aggregated (non-personal) marketing demographics to enable ad-targeting. I thought this only applied to the unpaid versions of Qiqqa, and if you had a paid account, then you would not get targeted ads.
Main points I would consider:
- 1. Legitimacy: As a happy user of the unpaid version, I personally have no real/major objection to this kind of "Agreement". I regard it as a nifty and legitimate way for them to claw some indirect (advertising) revenue out of the product, and it does not seem to be invasive, a breach of privacy, or a nuisance.
Having several years' worth of solid experience in contracts - including the study of Contract Law and drafting and negotiating contracts related to the large-scale provision of IT services and software in different countries - I tend to read all contracts with a critical and jaundiced eye. I could be wrong, of course, but there was nothing untoward in the Qiqqa Agreement - or at least, not that I perceived, at any rate. - 2. Security + Trust: Act in haste, repent at leisure. Whilst the rule I advocate for clients is to trust no-one, of the few occasions that I have personally ignored that rule in my own affairs, I have only once had cause to regret it. Unfortunately it was a big time letdown and breach of trust by someone whom I had previously trusted implicitly, and I am still under the shadow of the potential consequences. It was actually criminal (common theft), but it had ramifications. However, I told the police that I did not wish to press charges (though they seemed quite keen), and I did not wish to take the perpetrator to civil court over it. The lesson is to enforce the above rule, and to get it in writing, and make sure that you are happy with the writing.
You have a responsibility to yourself and your family to protect your assets from con-merchants and fraudsters. The world seems to be permeated by a class of seemingly well-meaning people whose primary and ulterior motive turns out to be to relieve other people of their hard-won money/property/rights by any means possible. Software developers - and even US Presidents - are not necessarily excluded from this class.
So, I have not pointed Qiqqa at any highly confidential or proprietary files to take into its Library. If I did, then I might want to scrutinise and question the wording of the agreement more carefully first. As things stand, it's not an issue for me, but I can't speak for others. - 3. Applicability: The sentence:
"By adding Content to Qiqqa and/or syncing your Content with a Web Library..."
- I rightly or wrongly assumed that to probably mean that if you have a paid account and you add stuff to Qiqqa, then it will be synced with a Web (Cloud) library. I do not think that the unpaid version syncs at all, and so you could probably be pretty private with a free account. - 4. Firewall control:
You could always control Qiqqa's access through the firewall.
For example, here is the default outgoing access in W7FC (Windows 7 Firewall Control) when set to LanOnly for Qiqqa:
- and here are the W7FC settings after I have set it to IncomingOnly for Qiqqa:
Note that the latter setting will defeat that functionality that Qiqqa uses through Internet access online - e.g., including the provision of library syncing, Google Scholar access and referencing.
It was categorically not "a ban on US Navy vessels in NZ ports", so you may have been misinformed - e.g., for the facts see 
, and below.
reflector "dish" (made from an opened-out beer can) around the router's vertical antenna. This would beam more of the radiated signal in the laptop's direction.
