Terms of Service

Welcome to Response House! Response House is an online service that allows you to create custom QR codes and organize and download the QR code artwork for use on marketing pieces. Response House lets you create your own custom QR Codes, organize them into campaigns and view statistics on each of those QR codes created, on Response House(the "Site”). We call the services available on the Site, the “Service(s).”

The Response House Service is provided by Ocreative Design Studio, LLC, however, we will refer to our company and Service as “Response House” to keep things simple. Like all online services, we need to have a Terms of Service (“Terms”). Please read these Terms carefully, and contact us if you have any questions. By accessing or using the Response House Service, you agree to be bound by these Terms and by our Privacy Policy, whether or not you are a registered user of our Service. These Terms apply to all visitors, registered users, and others who access the Service (“Users”).

Content

1. Your content. Response House allows you to create custom QR codes on the Service, from any URL. Any QR code that you create make available on our Service, is referred to as “User Content.” You retain all of your rights in all of the User Content you post to our Service.
2. Our Content. Response House may terminate this license at any time for any reason or no reason. Except for the rights and licenses expressly granted, Response House reserves all other rights and no other rights are granted by implication or otherwise.
3. How long we keep your content: Following termination or deactivation of your account, or if you remove any User Content from your account, Response House may retain your User Content for a commercially reasonable period of time for backup, archival, or statistic purposes.
4. Your responsibility for your content: To Response House and our community. Response House provides a creative and positive place for you to discover, create, and manage QR codes for your personal or business use. To keep it that way, we reserve the right, but are not obligated, to remove User Content from the Service for any reason, including User Content that we believe violates these Terms. Please respect our Service and other users.
5. Feedback you provide: We value hearing from our Users, and are always interested in learning about ways we can make Response House more awesome. You may choose to or we may invite you to submit comments, ideas or feedback about the Service, including without limitation about how to improve the Service or our products (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction; your disclosure will not place Response House under any fiduciary or other obligation; and we are free to use, disclose and otherwise exploit the Feedback without any restriction and without additional compensation to you. By acceptance of your submission, Response House does not waive any rights to use similar or related Feedback previously known to Response House, or developed by its employees, or obtained from sources other than you.

Copyright

Response House is copyright of Ocreative Design Studio, LLC, in accordance with the Digital Millennium Copyright Act. 

Using Response House

1. Who can use Response House. You may use the Service only if you can form a binding contract with Response House, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under the age of 13 is strictly prohibited. Because we respect the Response House community, the Service is not available to any Users previously removed from the Service by Response House.
2. Response House accounts. Creating an account with Response House gives you access to the Services in our sole discretion. If you open an account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf. You agree not to use user names that are offensive, obscene, or harassing to others. We reserve the right to require you to change your user name at any time and for any reason in our sole discretion.
3. Terminating your account. You may close your account at any time by contacting us. We may permanently or temporarily terminate or suspend your User account or access to the Service for any reason, without notice or liability to you, including if in our sole determination you violate any provision of our Acceptable Use Policy or these Terms, or for no reason. Upon termination of your use of the Service, you continue to be bound by Sections: (Your Content), (Response House Content), (How long we keep your content), (Feedback you provide), (Terminating your account), and all (inclusive) of these Terms. For information about how your User Content will be handled after any termination of your account, please see the “How long we keep your content” section above.
4. Your responsibility for your account. When you create your Response House account, you must provide us with accurate and complete information. Please be sure to provide us with up to date contact information for you so we know how to reach you. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You are solely responsible for the activity that occurs on your account, and you agree to keep your account login and password secure. You must immediately notify Response House of any compromise of your credentials you become aware of and any unauthorized use of your account.
5. Changes to the Service. Here at Response House, we’re always innovating and finding ways to provide our Users with new and innovative features and services. Therefore, we may, without prior notice, change the Service; add features, stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service.
6. Privacy and Security. We care about the privacy and security of our Users. You understand that by using the Service you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have your Personally Identifiable Information collected, used, transferred to and processed in the United States. While we work to protect the security of your content and account, Response House cannot guarantee that unauthorized third parties will not be able to defeat our security measures. You acknowledge that you provide your information at your own risk.
7. Third-party Links, Sites and Services. The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Response House. Response House does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from the Service, you do so at your own risk and you agree that Response House will have no liability arising from your use of or access to any third-party website, service, or content.
8. Indemnity. You agree to indemnify and hold harmless Response House and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), arising out of or in any way related to (i) your access to or use of the Services or Response House Content, (ii) your User Content, or (iii) your breach of any of these Terms.

Disclaimers

THE SERVICES, INCLUDING WITHOUT LIMITATION ALL CONTENT AND OTHER SUBJECT MATTER INCLUDED WITHIN THE SERVICES, ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, RESPONSE HOUSE SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

RESPONSE HOUSE takes no responsibility and assumes no liability for any User Content that you sends over the Service. You are solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your AND OTHER USERS’ online distribution and publication of your AND THEIR User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.

Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES, RESPONSE HOUSE CONTENT, AND USER CONTENT REMAINS WITH YOU AND YOU USE THE SERVICES AT YOUR OWN RISK. YOU AGREE THAT NEITHER RESPONSE HOUSE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR RELATED TO THESE TERMS OR FROM THE SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, USER CONTENT, RESPONSE HOUSE CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT RESPONSE HOUSE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL RESPONSE HOUSE’S AGGREGATE LIABILITY, OR THAT OF ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, USER CONTENT OR RESPONSE HOUSE CONTENT EXCEED ONE DOLLAR ($1). THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN RESPONSE HOUSE AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.

The Service is controlled and operated from its facilities in the United States. Response House makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable national, state, local or other laws, statutes, directives, rules, regulations, and all interpretations or orders of any government, administrative or regulatory authority or court, including but not limited to those related to export and import of software, technical information or services. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.

Disputes and Governing Law:

1. Disputes. For any dispute you have with Response House, you agree to first contact us and attempt to resolve the dispute with us informally. 
2. Governing Law. You agree that: (i) the Service shall be deemed solely based in Wisconsin; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Response House, either specific or general, in jurisdictions other than the State of Wisconsin, United States of America. These Terms shall be governed by the internal substantive laws of the State of Wisconsin, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. We each agree to submit to the personal jurisdiction of a state court located in Waukesha County, Wisconsin, USA for any actions.

General Terms

1. Notification Procedures and changes to these Terms. Response House may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Response House in our sole discretion. Response House reserves the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in these Terms and our Privacy Policy. Response House may, in its sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change the Terms in a material manner, we will update the ‘last modified’ date at the bottom of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these Terms or to any future Terms of Service, do not use or access (or continue to access) the Service. Response House is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
2. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Response House without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
3. Entire Agreement/Severability. These Terms, together with any amendments and any additional agreements you may enter into with Response House in connection with the Service, shall constitute the entire agreement between you and Response House concerning the Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.
4. No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Response House’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
5. Contact. Please contact us with any questions regarding these Terms.

These Terms were last modified on November 4, 2012.