Welcome, these are the Terms and Conditions of Service (the "Terms") for the mobile application known as Quartrly (the"App", ) and the website located at www.quartrly.com (the "Site"), including its sub-domains and its mobile-optimized versions. The Site and the App proudly operated by Quartrly, Inc. ("us", "its", "ours", "we") This Terms govern the relationships between user or visitor ("you", "your", "yourself") and Quartly, Inc. regarding use of App and Website. Quartrly, Inc. reserves the right to modify, amend, suspend, terminate, upgrade, update or otherwise modify the Services, the Site and the App, at any time and without notice. Any changes to these Terms will be displayed on the App and the Site, and we may notify you through the Site, the App or by email. Please refer to the last effective date where changes were last undertaken by us. Your use of our services after the effective date of any update– either by an account registration or simple use – thereby indicates your acceptance thereof.
YOU ASSERT THAT YOU ARE OF LEGAL AGE (18 YEARS OLD), AND YOU ARE HAVING THE POWER AND COMPETENT TO ENTER INTO AND TO COMPLY WITH THESE TERMS. IF YOU ARE NOT OF LEGAL AGE PLEASE DO NOT USE OUR SITE OR APP.
General User Account Registration, Verification and Safety
In order to use Quartrly, you must create an account of a user and provide information requested. Your user profile must include a real photograph and your real first and last name. You may need to provide, and authorize us to access, the requested social media sign-on, along with access to personal information such as friend lists, email, image gallery, likes and other information. If you close your social media account, or if you deauthorize our access, your account with us may close.
By granting us access to your social media account, you accept and understands that we shall be entitled to access and store certain information regarding you as described herein and in our Policy. Currently social media account login function support only Facebook. For this purpose, you are allowing the Quartrly to access your Facebook account information and you are agreeing to the Facebook Terms of Service (link https://www.facebook.com/terms.php) in your use of the Quartrly.
You are solely responsible for the activity that occurs on your Quartrly account and for keeping your password secure and confidential, and must notify us immediately of any breach or unauthorized use of your account. You will be liable for any and all misuse of your account, including the fraudulent use by a third party, or even the disclosure of your password to a third party.
Your access to Quartrly is only offered for your individual use, and not for the use or benefit of any third party you may represent.
We provide an App where user can request to communicate with other user registered. Quartrly allows real-time communication among users by means of a video call interface with using of booking functionality .
General user are able to search for other user in order to request multimedia call bookings with them (each, a "Quartr"). User requesting a Quartr are able to see the user profile, availability, proposed fee and other items.
By default, Quartrs video call last for 15 minutes. User hosting a Quartr (the "Host") must indicate their availability by date and time slots. If a user wishes to book a Quartr (the "Attendee"), they have to request a time slot that is available.
Quartr Booking Process
Quartr Appointment. Attendee can review the future availability of Hosts, and once a date is selected, the App will show the 15-minute blocks that are available for Quartrs. The countdown timer starts when the server attempts to connect both parties and continues to run even if one party loses their network connection.
Available Now Calls. Attendee can book an immediate Quartr with a user that has set their Availability to Available Now. After booking a Quartr with a successful payment transaction, the App will match the users.
As a general rule, we do not review, moderate or select the Quartr requests, audio, video, background elements, proposals and text messages. Notwithstanding the foregoing, we reserve the right to do so, including recording each Quartr’s content, at our sole and final discretion.
Quartr User Earnings
Each user is free to define their Quartr rate, and they will have the right to update it up to four (4) times per month. Payments are processed via the App and our selected payment processing partners. Attendees are charged the Quartr cost, and other applicable fees, before each call is initiated, in any case. Funds paid to the Host will go into a holding escrow account and will not be disbursed to the other user until the Quartr call has finished being fulfilled. The earnings will be disbursed to the user based on our current disbursement schedule (typically weekly) - with disbursements being greater than or equal to $100.00 US Dollars.We may, at our own discretion make changes in disbursement schedule due to reasonable cause.Funds will then be sent to the Host.
Except as expressly set forth herein, all charges are final and non-refundable. If we detect any chargeback or if any payment is not received by us for any reason from your card or account, you will promptly pay us any and all amounts due to us upon notice. Any failure or inability by us to process any payment hereunder does not relieve you from your payment obligations to Quartrly.
There will be a 10% cancellation fee charged to the user who cancels a Quartr Appointment at least twenty four (24) hours prior to the date on which a Quartr is scheduled to commence.
There will be a 50% cancellation fee charged to the user who cancels a Video Call Appointment within the twenty-four (24) hours prior to the Quartr’s appointment time.
The aforementioned cancellation charges will be applied to: (i) Attendees via their payment processing account; and (ii) Hosts against their future earnings or, if there are no earnings on their account, to their payment processing account.
If a user commences a Quartr and is unable to continue the Quartr (e.g. Internet connection issues, the smartphone loses battery power, the user closes the App by accident), the users will have a one minute term to attempt to re-establish connection; after which the Quartr will be cancelled.
If the Attendee loses the connection, he will be charged the full Quartr fee. If the Host loses the connection, the Attendee will only be charged the prorated Quartr fee up to the moment when the connection was lost. Gateway fees of approx. 3% is not refundable to either user, even when the user cancels their appointment on time.
Quartrly does not provide the actual communication with other users, only the platform for video call and other types of communication, and hereby disclaims any and all representation or warranty about the contacted users, their likelihood to similar persons and personalities, their text, audio, photo and video content messages, and for the actual performance, personal likeness, skill or availability of the contacted users. Any video calls which you receive are not intended to purport any identifiable person. For example, if you receive a call or message by someone with username "John Smith", such call is not guaranteed to represent any specific person, and you will not be able to infer the actual location, address, telephone or personal information of any user, unless the user elects to disclose it to you.
Account Suspension & Termination
Quartrly encourages you to report violations of our Terms. Users undertaking conducts that may constitute a factual –or even alleged– breach of these Terms, including but not limited to, using automated mechanisms to make fraudulent communications, may become subject to immediate account suspension / termination, at our sole and final discretion, without notice and without responsibility.
We reserve the right, at our sole and final discretion, to deactivate, freeze, suspend or terminate any account and/or any event, upon any factual or alleged breach of these Terms. You must notify us immediately of any change in your eligibility to use the Services, or if you suspect a breach or unauthorized use of your account.
You acknowledge and agree that we may report any activity that we believe may violate any law to law enforcement, regulators or other relevant third parties, and that any violation of the aforementioned provisions may result in the immediate termination of your access to our Services.
General Payment Terms
You must provide us valid and current billing information. Except as expressly set forth herein, all purchases made through Quartrly are final and non-cancelable or non-refundable.
Quartrly charges a percentage of the Host´s Quartr calling rate (Service Fee), as indicated to user during Quartr booking and fee for performance of payment transaction (Transaction Fee).
Quartrly charges you a Service Fee based on your permanent user identification number, assigned according to you when you create account with Quartrly. The Service Fee rates are as follows:
|User identification number (according to sequence of Quartrly account creation)||Service Fee % rates|
|First 1000 users||7.5%|
|1001 - 11 000||9.5%|
|11 001 - 111 000||11.5%|
|111 001 - 1 111 000||12.5%|
|1 111 001 - 11 111 000||13.5%|
|11 111 001 - 111 111 000||14%|
|111 111 001 and over||14.5%|
Example 1: Service Fee calculation
User A who downloaded Quartrly and created account, received identification number 1023. User B downloaded Quartrly and created account later, and received number 111 032. Service Fee will be as as follows.
|User number (according to sequence of Quartrly account created)||Service Fee % rates|
Quartrly charge you a standard Transaction Fee of 6% from Quartr calling rate equal to $10 or higher. For Quartrs that have calling rate of $9 or lower, Quartrly will apply a fixed amount as scheduled below:
|Quartr calling rate||Transaction fee|
Example 2: Transaction fee calculation
If User C calling rate is $2, User D calling rate is $5, and User E calling rate is $15, the Transaction fee will be as follows:
|Quartr calling rate||Transaction fee|
|User E||$0.90 ($15 * 6%)|
Quartrly hereby reserves the right to amend, adjust and change such Service Fee and Transaction Fee from time to time, at its sole and final discretion. If we detect any chargeback, or if any payment is not received by us for any reason from a credit card or account, you will promptly pay us any and all amounts due to us upon notice. Any failure or inability by us to process any payment hereunder does not relieve you from your payment obligations.
You hereby authorize us the charging of your credit card or payment processing account.
We use worldwide accepted third-party payment processors to bill you through a payment account linked to your account with Quartrly. The processing of payments will be subject to the fees, terms, conditions and privacy policies of such payment processor. Quartrly is not responsible for any and all errors, fees and currency conversions fees by the payment processor, and you should review its terms and policies from time to time, which will govern the provision of services to you.
Your satisfaction with our Services is one of our main goals. Due to this, we are providing a refund in a certain situation according to this section. In any refund case, we charge $0,30 refund fee. You must contact us within 30 days of charge in order to receive a refund. No refunds will be given for any transaction which is more than 30 days old.
If Host missed a Quartr call, we will provide full refund to Attendee.
If Attendee missed Quartr call, no refund shall be provided.
If Host missed part of the Quartr call, we do a pro-rated refund based on time missed. We will provide a refund from all fees as scheduled below:
Example 3: Partial refund calculation.
If Host fee is $20 and Service fee is 10%, the refund will be as follows:
|Quartr length (minutes)||Refund %||Quartr calling rate ($20) refunded||Service fee (10%) refunded||Transaction fee (6%) refunded||Referral Fee (1%)|
Refund is calculated down to the seconds.
If refund request arises due to our failure to provide the Services outlined in these Terms, we shall provide full refund.
If you believe that we have charged you in error, you must contact us within 30 days of such charge. No refunds will be given for any transaction which is more than 30 days old. We reserve the right to refuse a refund request if we reasonably believes or suspects (i) that you are trying to unfairly exploit the provisions of this section; (ii) that you are in breach of the terms of Terms of Service; (iii) that you are using Quartrly fraudulently or that your Quartrly user account is being used by a third party fraudulently.
For all refunds due to an error in your payment amount please email email@example.com quoting your address, full name, contact number, and reason for requesting a refund. We will try to deal with your request at the earliest possible opportunity.
Please note that we may request additional information in order to process your refund request. Please note that non-provision of such information shall be a ground for refund refusal.
User Referral Program
When registering into Quartrly, each user will be assigned a username code. This is a 6 character code that can be shared with other persons in order for the referrer to receive one percent (1%) of the net, actual earnings of the referee, as long as both users have a valid account with Quartrly.
Accordingly, the receiving user may use it when activating his account in Quartrly and, in turn, receive his percentage of the earnings of the referring user. For the avoidance of doubt, each user code may be shared with multiple users, but each individual registering user will only be able to use it once when registering, and not later.
We will notify you if your code application has been successful and in such case you will become part of our referral program. All affiliate activities must be conducted in a professional and proper manner. You shall be expected to act with good faith and integrity in your relationships with your referrals, and always act in the best interests of your referrals. You shall avoid disclosure or unauthorized use of any confidential information that may come to your knowledge or possession to third persons or external parties.
Quartrly shall pay you the revenues detailed on the referral page of your account. Quartrly reserves the right to disregard duplicate accounts or nominee accounts that Quartrly sees as non-bona fide, at its sole discretion. Quartrly may provide you with statements accessible through an electronic system detailing the revenues and charges generated by users you have referred, if any, which have accrued to you over the course of each calendar month. The referral payment terms will be subject to the third-party affiliate platform of our choice. Please read and become familiar with such terms.
Access to Quartrly
Only a copy of the App subject to a valid license from Quartrly can be used to access the Services, and to download updates and patches. If you transfer or sell your authorized device to another person, you have to close your session with Quartrly and delete your copy of the App. You may not transfer or assign any of your rights under these Terms.
The App requires an Internet connection to access some or part of its features and functionalities, to authenticate the App, to sign-in or otherwise to perform other functions.
In order for certain features of the App to operate properly, you may be required to have and maintain a: (i) valid and active account with a wireless mobile data service; (ii) modern, fast and adequate mobile device with the required specifications in order to run the App; and/or (iii) valid and active credit or debit card or payment processing platform account. If you do not have such items, then the App or certain features thereof may not operate, be available or cease to function properly, either in whole or in part, and therefore Quartrly will not be held liable for any claim, injury or damage arising out of or in connection therefrom.
You acknowledge and agree that you will be solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing, downloading, browsing or using App.
You may not interfere with any access control measures or attempt to disable or circumvent such security features. If you disable or otherwise tamper with the technical protection measures, the App will not function properly and these Terms will terminate immediately, and henceforth Quartrly will not be held liable for any claim, injury or damage arising out of or in connection therefrom.
We encourage users to report violations of our Terms. Each user is solely responsible for their activities and any content posted, transmitted or otherwise made available via our Services.
It is our right, but not the obligation, to monitor any Quartr activity and ‘user generated content’ (e.g. names, photos, posts, feedback, images, comments, questions and other content) to determine compliance thereof, and to edit, refuse to post or remove any material or content submitted to or posted on our Services that we find to be in violation of our Terms, Policy or that is otherwise objectionable.
You acknowledge and agree that we may report any activity that we believe may violate any law to law enforcement, regulators or other relevant third parties, and that any violation of the aforementioned provisions may result in the immediate termination of your access to Quartrly and our Services.
We reserve the right (but not the obligation) to monitor disputes between you and other of our users. We also reserve the right (but not the obligation) to delete items, products, services and user-generated content that would be interpreted or considered offensive or spam.
You must immediately respond to any notice you receive claiming that your user-generated content violates a third party’s rights, including notices under the Digital Millennium Copyright Act (‘DMCA’), and take corrective action, which may include but is not limited to promptly removing any such user-generated content.
You also acknowledge and accept that any violation of the aforementioned provisions may result in the immediate termination of your access to Quartrly and our Services, without refund or reimbursement on our part. Quartrly may terminate or suspend your account and/or membership for our Service, at any time, for any reason, without prior notice, and at our sole and final discretion.
As our user, you agree to not undertake, motivate, or facilitate the use or access of App or Site in order to:
You also acknowledge and accept that any violation of the aforementioned provisions may result in the immediate termination of your access to Quartrly and our Services, without refund or reimbursement on our part. We may terminate or suspend your account and/or membership for our Service, at any time, for any reason, without prior notice, and at our sole and final discretion.
App Store Terms
These Terms may not provide for usage rules for the App that are less restrictive than the usage rules set forth for licensed applications in, or that otherwise are in conflict with, Google’s or Apple’s app store's terms of service.
Quartrly, and not any such third party app store provider, shall be solely responsible for the App and any and all content thereof. We are solely responsible for the App, the Services and the content thereof.
We are solely responsible for providing any maintenance and support services with respect to the App, and neither Apple nor Google have any obligation to furnish any maintenance and support services thereof.
In the event of any failure of the App to conform to any applicable warranty, you may notify Apple or Google, and they may refund you the purchase price for the App only (if any); and, to the maximum extent permitted by applicable law, neither Apple nor Google will have other warranty obligations whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Quartrly’s responsibility.
You hereby acknowledge and agree that Apple and Google (and their affiliates), are third party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as third party beneficiaries thereof.
The trademarks, copyright, service marks, trade names and other intellectual property rights and proprietary notices displayed on Quartrly are the property of –or otherwise are licensed to– Quartrly or its licensors or affiliates, whether acknowledged (or not), and which are protected under intellectual and proprietary rights in the United States of America and other jurisdictions throughout the world. Respective title holders may or may not be affiliated with us or our affiliates, partners and advertisers. No section hereof shall be construed as intent to grant to you any right or interest in Quartrly or our Services, in whole or in part.
For ease of understanding, ‘intellectual property rights’ shall mean any and all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of the United States of America and other applicable jurisdictions.
You acknowledge and agree that any and all infringing use or exploitation of copyrighted content in Quartrly and/or the Services may cause us, our affiliates, licensors or content providers irreparable injury, which may not be remedied solely at law, and therefore our affiliates, licensors or content providers may seek remedy for breach of these Terms, either in equity or through injunctive or other equitable relief.
You hereby acknowledge and agree that, in the event of any third party claim that the App infringes any third party’s intellectual property rights, Quartrly, and not Google Inc. or Apple Inc., will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
The term hereof shall begin on the date that comes first among: (i) first access to the Site; (ii) your first access or execution of our App; or (iii) Quartrly begins providing its Services to you.
The term hereof will automatically end on the earlier date of either your: (i) account deactivation, suspension, freezing or deletion of the App; (ii) your access termination or access revocation; (iii) Quartrly 's termination of these Terms, at its sole and final discretion; (iv) the termination date indicated by Quartrly to you from time to time; or (v) our decision to make the Site or App no longer available for use, at its sole and final discretion.
If you downloaded the Quartrly from Apple App Store, you hereby assert and agree that you will only use the Quartrly (i) on an Apple-branded product that runs iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.
User Generated Content License. You hereby grant Quartrly an unlimited, non-exclusive, royalty-free, for all the world, right and license to download, use, reproduce, distribute, analyze and exploit any and all content, texts, data and any components therefrom that you or your affiliates, agents, employees or representatives introduce, upload or otherwise deliver to Quartrly. You represent and warrant to Quartrly that you have all rights, authorizations or otherwise hold sufficient title for all content submitted to Quartrly as set forth herein.
As used herein or within the App, ‘Open Source’ shall mean open source software provided within the App that is licensed or sub-licensed to you under the terms and conditions of the applicable license agreements or copyright notices included within such Open Source component. These Terms do not apply to nor govern any Open Source accompanying the App and Quartrly hereby disclaims any and all warranties, representations and liability to you or any third party related thereto.
Third party links
From time to time, the Site, the App and/or the Services may contain hyperlinks to other websites. These links are for your personal convenience and to provide you with further information which may be of interest to you. The provision of such links does not imply any endorsement of such third party websites (or their products and services), owned by third parties. For avoidance of doubts, these Terms shall in no case govern use of third party websites, accessed through third party links.
From time to time, we may place ads and promotions from third-party sources in the Site, the App and/or the Services. Accordingly, your participation or undertakings in promotions of third parties other than Quartrly, and any terms, conditions, warranties or representations associated with such undertakings, are solely between you and such third party. Quartrly is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third party advertisers.
By disclosing any information to us, you agree to the terms of our Policy, including the terms for the collection, process, storage and disclosure of such personally identifiable information, including to our affiliates, partners and clients. We will ask for your express consent, including for inclusion into our newsletters, updates, and follow-ups. For more information, please read our Policy.
Digital Millennium Copyright Act (‘DMCA’) Notice
For DMCA Takedown Notices and alleged intellectual property rights infringement within Quartrly, you can get in touch with us as indicated in our contact section. Under federal United States law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorney's fees.
You must notify us of your claim with subject: "Takedown Request". Once received, Quartrly will study and consider your claim and, if it believes or has reason to believe any content on Quartrly infringes on another’s copyright, Quartrly may delete it, disable or otherwise stop displaying it. Please note that this procedure is exclusively for notifying Quartrly and its affiliates that your copyrighted material has been infringed.
Your DMCA notification claim must be in writing and must at least contain the following information: (i) your signature and identification, or the ones the person authorized to act on behalf of you or the title holder; (ii) a clear and concise description of the content you allege is a copyright infringement; (iii) contact information (e.g. address and email); and (iv) a statement, under penalty of perjury, indicating that you have a good faith belief that the information provided in your claim is true and accurate. The preceding requirements are intended to comply with Quartrly’ rights and obligations under the DMCA, including 17 U.S.C. 512(c), but do not constitute legal advice.
Neither Quartrly, Inc., nor its affiliates, subsidiaries, officers, employees and agents guarantee that Quartrly will be error-free, uninterrupted, secure, or produce any particular results. No advice or information given by Quartrly, Inc. or its employees, affiliates, contractors and/or agents shall create a guarantee. Quartrly has not been completely tested in all situations or devices, and Quartrly may or will contain operational malfunctions, errors, viruses, bugs, worms, trojan horses, bots and other harmful and destructive components or defects.
Neither Quartrly , Inc. nor its affiliates, licensors, owners, subsidiaries, brands or advertisers are a professional advisor in any industry. The functionalities and results displayed within Quartrly may or will vary, without prior notice or without any notice at all, and you may receive Quartrs, or not, depending on the availability of other users and/or functionalities of Quartrly, and any results will depend on a variety of factors out of the ultimate control of Quartrly Your use of any information and/or materials on Quartrly is entirely at your own risk, for which we shall not be held liable.
To the fullest extent permissible under applicable law, the App and Site provided to you “as is”, with “all faults” and “as available”, with all faults, without warranty of any kind, without performance assurances or guarantees of any kind, and your use is at your sole risk. No oral or written advice provided by Quartrly, Inc., its affiliates, clients, agents, officers, licensors, distributors and/or any authorized representative, shall create any implied warranty. The entire risk of satisfactory quality and performance resides with you. Quartrly, Inc. and its affiliates, clients, agents, officers, licensors and/or distributors, do not make, and hereby disclaim, any and all express, implied or statutory warranties, either by statute, common law, custom, usage of trade, course of dealing or otherwise, however arising, including implied warranties of description, quality, fitness for a particular purpose, operation, integration, adequacy, suitability, title, non-infringement, non-interference with use and/or enjoyment.
Disclaimer of Damages
In no event shall Quartrly, Inc., its affiliates, clients, agents, officers, licensors, distributors and/or any authorized third party, be held liable for any special, indirect, incidental or consequential damages, including losses, costs or expenses of any kind resulting from possession, access, use or malfunction of App or Site, including but not limited to, loss of revenue, profits, business, loss of use or lack of availability of computer resources, lost or corrupt data, re-procurement amount, anticipated savings, wasted expenditure, or other commercial or economic loss; or for any indirect, incidental, special, punitive, aggravated, exemplary, or consequential damages whatsoever arising out of or related to the App or Site, whether arising in tort (including negligence), contract, strict liability or other legal or equitable theory and whether or not Quartrly , Inc., its affiliates, clients, licensors and/or distributors have been advised of the possibility of such damages. For purposes of this limitation of liability, Quartrly, Inc.’ affiliates, licensors and distributors are third party beneficiaries to the limitations of liability specified herein and they may enforce these Terms against you.
Limitation of Liability
In no event, shall Quartrly’, Inc., or its affiliates’, clients’, licensors’ and/or distributors’ liability for all damages (except as required by applicable law) exceed the amount of USD$50.00 (Fifty United States Dollars); and henceforth any award for direct, provable damages shall not exceed such total amount. These Terms provide you specific legal rights, and you may have other rights that may vary from jurisdiction to jurisdiction. Legislation of some states/countries does not allow certain limitations of liability, and henceforth this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. This limitation of liability shall not be applicable solely to the extent that any specific provision of this limitation of liability is prohibited by any federal, state, or municipal law, which cannot be preempted.
As our user, you hereby acknowledge and agree that Google Inc. and Apple Inc., and their affiliates and subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions hereof, they will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
You shall indemnify, hold harmless, and defend Quartrly, Inc. its affiliates, clients, agents, officers, licensors, distributors and/or any authorized representatives, and the officers, directors and employees of each (jointly, the "Quartrly’ Indemnitees") from and against any and all third party liabilities, claims, causes of action, suits, losses, damages, fines, judgments, settlements and expenses (including any and all reasonable outside attorneys’ fees and court costs) which may be suffered, made or incurred by any of such Quartrly’ Indemnitees arising out of or relating to: (i) any breach of any warranties, representations and/or covenants made by you hereunder (to the extent not arising substantially from any breach hereof by Quartrly); and/or (ii) any third party claim arising out of or in relation to App or Site or use thereof in combination with your business platform, including without limitation, any claim that App or Siteviolates, infringes, or misappropriates any proprietary or intellectual property right of any third party, including without limitation, any privacy right of any person, or violates any applicable law.
Assignment. These terms will inure to the benefit of any successors of the parties.
Content Moderation. Quartrly, Inc. hereby reserves the right, at its sole and final discretion, to review any and all content delivered into App or Site, and use moderators and/or any monitoring technology to flag and remove any user-generated content or other content deemed inappropriate.
Equitable remedies: You hereby acknowledge and agree that if these Terms are not specifically enforced, Quartrly, Inc. will be irreparably damaged, and therefore you agree that Quartrly, Inc. shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of these Terms, in addition to any other available remedies.
Force Majeure. Quartrly, Inc. shall not liable for any failure of performance on its obligations as set forth herein, where such failure arises from any cause beyond Quartrly', Inc. reasonable control, including but not limiting to, electronic, power, mechanic or Internet failure.
No Embargo. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S.A. government’s embargo, or that has been designated by the U.S.A. government as a “terrorist supporting” country; and (ii) you are not listed on any U.S.A. government list of prohibited or restricted parties or activities.
No Waiver. Failure by Quartrly, Inc. to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof.
No Relationship. You and Quartrly, Inc. are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.
Product claims. You acknowledge and agree that Quartrly, Inc., and, not Google Inc. or Apple Inc., is responsible for addressing any claims of you or any third party relating to the App in your use or possession, including, but not limited to: (i) product liability claims; (ii) any maintenance and support services; (iii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iv) claims arising under consumer protection or similar legislation.
Severability. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of these Terms will remain in full force and effect.
Waiver of Class Actions, Non-Individualized Relief. You acknowledge and accept that claims brought against Quartrly, Inc. shall be only on an individual basis and not as a plaintiff or class member in any possible future class or representative action or similar proceeding. Unless otherwise agreed by you and Quartrly, Inc., you may not adjoin or consolidate any claim with more than one person's; and you may not otherwise supervise or take over any form of a class, representative or consolidated proceeding.
Applicable Law. Your use of this App and Site and any cause of action, claim and/or dispute that might arise between the parties hereunder, shall be subject to the laws of the State of Nevada, United States of America, without regard to conflict of law principles.
Forum. You agree that any dispute arising from or relating to these Terms will be heard solely by a court or tribunal of competent jurisdiction in or nearest to the City of Las Vegas, State of Nevada, United States of America. If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorney’s fees, court costs, and disbursements in doing so. You agree that the unsuccessful party in any dispute arising from or relating to these Terms will be responsible for the reimbursement of the successful party’s reasonable attorney’s fees, court costs, and disbursements.
Waiver of Jury Trial. The parties herein waive their constitutional and statutory rights to go to court and have a trial in front of a jury, instead electing that all claims and disputes be resolved by a competent judge.
If you have any questions or queries about us, the Site, the App, our Services or these Terms, please contact us as indicated in our contact page: www.quartrly.com/contact.
Date of last effective update is March 11, 2020.