Terms & Conditions

Our referral sources are very important to us. We do our best to treat you with the fairness and respect you deserve. We simply ask the same consideration from you. The following agreement protects our good name while giving you the opportunity to profit from your internet traffic. If you have any questions, please don’t hesitate to let us know. We are strong believers in straightforward and honest communication. For the quickest results, please email us at info@elquench.com.

Definitions: As used in these Terms: (i) “Published Content” means digital assets uploaded and published on El Quench; (ii) “Pre-Publication Assets” means raw editorial content (e.g., text, images, layout information) uploaded to El Quench; and (iii) “User Submissions” means Published Content and Pre-Publication Assets, collectively.

License: Subject to your compliance with the terms and conditions set out in these Terms, Quench hereby grants to you a personal, limited, non-exclusive, non-transferable, freely revocable license to: (i) use El Quench to view, use and access User Submissions and other content made available via El Quench; (ii) participate in any other programs, services, or features of El Quench now or hereafter made available by Quench, including uploading of your User Submissions; (iii) download and install Software on the hardware for which the Software was created solely to exercise the rights granted in these Terms; and (iv) implement any API made available by Quench solely in accordance with that API’s documentation. Your use of El Quench must be for personal, non-commercial use only, except that Users who are commercial entities, government entities, or non-profit entities may use El Quench to make their Published Content available on El Quench, use the Service to collaborate on Pre-Publication Assets, or to integrate El Quench with the User’s website. For the avoidance of doubt, you are not entitled to any compensation from Quench for any reason, including but not limited to for User Submissions, unless otherwise specifically agreed in writing by Quench.

Restrictions; You agree not to use or launch any automated system, including without limitation “robots,” “spiders,” and “offline readers,” that accesses El Quench in a manner that sends more request messages to El Quench in a given period of time than a human can reasonably produce in the same period by using a conventional web browser or otherwise use El Quench to collect or harvest any personally identifiable information or any data regarding activities on or usage of the Quench Site.

Privacy: If you are a commercial entity, government entity, or non-profit entity, you must post, and if your network includes third party sites or apps then you will contractually require such third parties to post, a privacy policy on each site, application or service that discloses the collection and use of your users’ data by third parties.

Customer Terms: If you are a customer of the Digital Sales Feature (i.e., a reader who purchases access to a third party publisher’s publication via Quench), you agree (a) to comply with the publisher’s terms regarding access to and use of such publication; and (b) to not make any claim against Quench or hold Quench liable in any way for your access and use of, or inability to access and use, such publication.

Reservation of Rights: Quench reserves all rights not expressly granted in these Terms. You acknowledge that Quench may automatically issue upgraded versions of the software and systems comprising El Quench and, accordingly, may upgrade the version of El Quench that you are using. Quench reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of El Quench, including technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.

Pre-Publication Assets: By uploading Pre-Publication Assets to El Quench, you hereby grant to Quench a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, license to host, store, transfer, display, perform, reproduce, and distribute your Pre-Publication Assets on El Quench solely in order to enable you, and other Users specified by you, to work with those Pre-Publication Assets in the manner selected by you. You may invite non-Users to collaborate on Pre-Publication Assets, but in order to access the Pre-Publication Assets on the Service; each individual will be required to accept these Terms.

Published Content: By uploading Published Content to El Quench, you hereby grant to Quench a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, license to host, transfer, display, perform, reproduce, distribute, and otherwise use your Published Content, in any media forms or formats, and through any media channels, now known or hereafter devised, including without limitation, RSS feeds, embeddable functionality, and syndication arrangements in order to distribute, promote or advertise your Published Content through El Quench. This license includes, for example, the right of Quench to engage a partner to distribute Published Content, whether or not such partner identifies Quench as a partner, to such partner’s customer base on a free or paid basis. This license also includes the right for Quench to convert your Published Content to Quench’s proprietary format, or such other file formats as may be used by Quench, and to display and make your Published Content available, in whole or in part (including excerpts), on El Quench in association with other Published Content, content or advertising. Subject to the license grant to other Users below, the license granted by you to Quench in this paragraph terminates as to a specific Published Content once you remove or delete such Published Content from El Quench.

Representations: You are solely responsible for all of your User Submissions and you hereby recognize and affirm that El Quench is merely providing you the means to collaborate on and make available your User Submissions. Accordingly, you shall be solely responsible for each of your User Submissions and the consequences of uploading them. By uploading your User Submissions, you affirm, represent, and warrant that: (1) you are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorize Quench and its Users to use and distribute your User Submissions as necessary to exercise the licenses granted by you in this section and in the manner contemplated by Quench and these Terms; (2) your User Submissions do not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; and (ii) your User Submissions do not contain any viruses, adware, spyware, worms, or other malicious code or any content or file that provides a method to access to potentially infringing content outside of El Quench. Violators of these third-party rights may be subject to criminal and civil liability. Quench reserves all rights and remedies against any Users who violate these Terms.

Removal of User Submissions: Although Quench has no obligation to remove, screen, edit, or monitor any Published Content, Quench reserves the right, and has absolute discretion, to remove, screen, edit, or disable any User Submission at any time and for any reason without notice. In addition, although Quench has no obligation to remove, screen, edit, or monitor any Pre-Publication Assets, Quench reserves the right, and has absolute discretion, to remove, screen, edit, or disable any Pre-Publication Asset at any time and for any reason.

No Endorsement: Further, you understand that when using El Quench you will be exposed to Published Content from a variety of sources, and that Quench is not responsible for the accuracy, content, usefulness, or intellectual property rights of or relating to such Published Content. You further understand and acknowledge that you may be exposed to Published Content that is inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Quench with respect thereto. Quench does not endorse any User Submissions or any opinion, recommendation or advice expressed in any User Submission, and Quench expressly disclaims any and all liability in connection with User Submissions. If notified by a User or a content owner of a User Submission that allegedly does not conform to these Terms, Quench may investigate the allegation and determine in its sole discretion whether to remove the User Submission, which it reserves the right to in accordance with these Terms. For clarity, Quench does not permit copyright infringing activities on El Quench.

Referral Partners: Quench may as part of El Quench allow you to enable certain third parties such as printing houses that have contracted with Quench (each, a “Referral Partner”) to upload User Submissions on your behalf. If a Referral Partner refers you to Quench, and you wish to allow such Referral Partner to upload your User Submissions, in addition to agreeing to these Terms you will be required to opt-in and agree to additional terms (via a separate sign-in process) to allow Quench to provide to such Referral Partner certain information which may include but not be limited to your API upload key, your Customer ID and other relevant information. Without limiting any other provision in these Terms, you understand and agree that Quench shall have no responsibility for the content or quality of any User Submission provided by a Referral Partner. You must provide to Quench at least thirty (30) days’ prior written notice if you wish to remove a Referral Partner from your account.