QQL TERMS OF USE AGREEMENT

Last Revisions on September 22nd, 2022

This Terms of Use Agreement (the “ToU”) is made between QQL (“we,” “us,” or “our”) and you, the individual choosing to use our services (“you,” or “your”). This ToU applies to all online services operated by QQL, including our website qql.art (the “Site”), our social media accounts, and any future QQL online services that we develop (collectively the “Online Services”).

Our Privacy Policy is subject to this ToU. There are terms in the Privacy Policy that materially affect how your personal information is stored, accessed, and processed. As such, you should read our Privacy Policy in addition to this ToU.

Acceptance of ToU

We know these ToU’s aren’t very exciting to read. However, by accessing our Online Services, it is assumed that you have read this ToU and that you agree to comply and be legally bound by the terms and conditions it sets out, which is why you really should stick it out and read the whole thing.

Changes to ToU

From time to time, we may need to make changes to this ToU and may do so at any time. The date at the top of this ToU represents when this ToU was last revised. It is important to check this ToU from time to time to ensure that you are all up to date. By continuing to access or use our Online Services after a change has occurred, you agree to be bound by our updated ToU.

Third-Party Websites and Online Services

Our Online Services may contain links to third-party websites, or we may utilize services that are not owned or controlled by QQL. Be aware that we have no control over and assume no responsibility for any third-party website or service's content, privacy policies, or practices. We do not warrant the offerings of any third party and are not responsible or liable for any damage or loss caused, or alleged to be caused, by your use or reliance on content, goods, or services available through third parties. We strongly advise you to read the terms and conditions and privacy policies of any third-party website or service you engage with.

WALLET TRANSFERS INITIATED THROUGH OUR SITE AND SUBSEQUENT SALES ARE FACILITATED AND RUN BY THIRD-PARTY ELECTRONIC WALLET PROVIDERS AND PAYMENT PROCESSORS, AND BY USING OUR SITE, YOU AGREE THAT YOU ARE GOVERNED BY THE TERMS OF SERVICE AND PRIVACY POLICIES FOR THESE APPLICABLE THIRD PARTIES.

Description of Our Online Services

QQL is an innovative platform that allows users to interact with our unique algorithms to customize and experiment with generative art. All users of QQL (the “Users”) will be able to interact with the platform, customize pieces of generative art, and download the resulting work for personal, non-commercial use. Users that connect their wallet are able to save their custom piece of generative art (the “Work”) in their queue and label Works in their queue as favorites. Users that connect their wallet and purchased a QQL token via our auction hosted on Archipelago (“Minters”) can mint Works that they create on the QQL platform as NFTs. Minters can then sell their NFT on OpenSea or Archipelago, subject to these Terms and the terms of the third-party site. We may introduce new services and features to the QQL platform from time to time, which will also be subject to this ToU.

What are Non-Fungible Tokens (NFTs)?

“Non-fungible tokens” are built up of data that are then stored on the blockchain (a digital ledger). The word fungible means interchangeable or replaceable; so a token that is non-fungible is a token that can’t be replaced: it’s unique. When a person purchases that non-fungible token, they are purchasing a unique code that gives access to a particular version of the content.

What is QQL's Role?

QQL provides an immersive platform allowing Users to experiment with our algorithms and customize generative art. If a Minter chooses to sell their custom Work, all sales are processed through third-party platforms (e.g., OpenSea, Archipelago, MetaMask, WalletConnect). We are not a broker, financial institute, or creditor.

Connecting to QQL

Want to just browse our Online Services? Go right ahead; no account or third-party connection is needed to simply create Works by experimenting with our algorithms. However, if you want to save, favorite, mint or sell a Work you customized, you need to follow these steps:

  • To Save Your Work

    To save a Work to your queue and mark Works as favorites, you will need to link your wallet via MetaMask or WalletConnect. You will be able to save 100 Works in your queue and 100 Works as favorites. We will save your public key wallet address to our server but will never gain access to your private key. We are not liable and do not have access to these third-party accounts. For more detail on what information we store, and what rights you have, please read our Privacy Policy.

  • To Mint Your Work

    To become a Minter and mint and sell a Work as an NFT, you will have to connect your wallet in accordance with the above and have purchased a QQL token. All QQL token sales are hosted and processed by Archipelago via auction (the “QQL Tokens”). All payments for QQL tokens are payments for access to our service that allows for you to mint Works into NFTs on the QQL platform. Without a QQL Token you will not have access to our minting services, but will still have access to other services we offer as set forth in this Agreement. Only 999 QQL Tokens are available, and after the sale or transfer of all 999 QQL Tokens, no further QQL Tokens will be available. We reserve the right to withhold some QQL Tokens from public sale for private transfer. All QQL Token sales are subject to Archipelago’s privacy policy and terms of service, which we strongly advise you to read.

  • To Connect with QQL

    You may also be required to create other third-party accounts to interact with our other Online Services, such as our social media platforms. We are not liable and do not have access to these third-party accounts.

QQL Minting & Sales

The QQL Site hosts only the customization and minting processes, not the transfer of the QQL Token from your wallet or any subsequent sale of the NFT. Minting a Work into an NFT requires one QQL Token and the payment of associated gas fees. The minting process may take some time, depending on the complexity of the Work. Make sure your computer stays on and awake for the entire process to ensure the minting is properly completed. Once the Work is minted, it will be visible in your QQL queue, and on Archipelago and OpenSea. An NFT cannot be destroyed. You can sell the NFT on either Archipelago or OpenSea, but a Minter’s royalty (as defined below) will not be transferred in any subsequent sale. The sale of any NFT on Archipelago or OpenSea is subject to that third-party’s terms of service and privacy policy, which we strongly advise you to read.

Transaction/Gas Fees

All NFT transactions require the payment of a transaction fee for every transaction that occurs on the blockchain network, including the minting of a Work on QQL (often referred to as “Gas Fees”). You will be solely responsible for all such Gas Fees and understand that the value of Gas Fees often change, are unpredictable, and are outside the control of QQL. Transactions via QQL will not be held invalid, revocable, or otherwise unenforceable on the basis that Gas Fees charged for minting an NFT were unknown, too high, or otherwise unacceptable. Gas Fees are paid via your connected wallet at the time of minting the Work. Gas Fees are priced and payable in ether (ETH).

Our Intellectual Property

Your use of the QQL Site and Online Services does not grant or transfer you any rights, title, or interest in any of our intellectual property. You are not permitted to copy, distribute or otherwise exploit any copyrighted content that we have created and published on our Online Services or any of our trademarks or service marks such as the QQL name, logo, domain name, and any other branding that is indicative of QQL, without our express written permission. We may use some open source or licensed third-party content in our Online Services, for example, fonts and graphics, and we do not make any claim of ownership to such content.

QQL’s Rights in the Works

We are excited to have you experiment with our algorithms and generate custom art as either a Minter or a User. We hope you enjoy the experience and the resulting Work. We put a lot of work into these algorithms and, unless we expressly state otherwise, QQL is the exclusive owner of all right, title, and interest in and to the results and proceeds of Works customized on the Site including all copyrights, other intellectual property rights, and exploitation rights, in perpetuity, throughout the universe, in any and all media, except as otherwise stated within this ToU.

By continuing to use the Online Services, you irrevocably and unconditionally:

  • Assign, transfer, and otherwise convey to QQL all of the results and proceeds of your contributions to the Works and all right, title, and interest in and to Works customized on the Site as well as the resulting NFT if minted, including all intellectual property rights therein, which include all registration, renewal, and reversion rights, and the right to register and sue to enforce such copyrights against infringers, alleged infringers, and potential infringers; and
  • Waive all claims you may have, now or later, in any jurisdiction to “moral rights” or rights of droit moral with respect to Works customized on the Site and resulting NFTs.

Grant of License to All Users

QQL grants to all Users a limited, non-exclusive, non-transferable, revocable license to access and use QQL Online Services and to customize, download, adapt, display, and share the Works for personal, non-commercial purposes only provided QQL is appropriately credited as the owner, and you indicate if changes have been made to the Work. QQL reserves the right to terminate this license at any time, for any reason.

YOU UNDERSTAND THAT CUSTOMIZATION OF A WORK DOES NOT MEAN THAT YOU OWN INTELLECTUAL PROPERTY OWNERSHIP RIGHTS IN SUCH MATERIAL OR CONTENT AND THAT YOU DO NOT HAVE COMMERCIAL REPRODUCTION RIGHTS OR ANY OTHER RIGHTS REGARDING THE MATERIAL OR CONTENT BEYOND THE LIMITED NON-COMMERCIAL LICENSE GRANTED ABOVE. THE RESULTS AND PROCEEDS OF YOUR CONTRIBUTIONS TO THE WORKS ARE TRANSFERRED TO US IN ACCORDANCE WITH THIS AGREEMENT.

For purposes of clarity, you may not:

  • use the Work to advertise, market, or sell any product or service;
  • use the Work in any manner which would constitute or amount to an endorsement of or relationship with any particular third party, entity, product, product category, charity, political party, or service; 
  • use the Work in connection with images, videos, or other forms of media or content that depict or promote violence, hatred, sexual conduct, illicit drugs or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others; 
  • use the Work in movies, videos, or other forms of media, except solely for your own personal, non-commercial use; 
  • sell, distribute, or otherwise commercialize merchandise that depicts, embodies, contains, or consists of the Work;
  • attempt to trademark, copyright, or otherwise acquire any intellectual property rights in the Work except for the limited license granted pursuant to these this ToU; or 
  • otherwise use the Work for your or any third party’s commercial benefit.

Minters’ Rights, Restrictions & Royalty Entitlement

When you purchase a QQL Token, in addition to the aforementioned license granted to all Users, QQL additionally grants you a limited, non-exclusive, non-transferable, irrevocable license to:

  • access QQL’s services that allow for the minting of a Work you have customized on the Site as an NFT;
  • customize, download, adapt, display, and share the NFT for personal, non-commercial purposes only, provided QQL is appropriately credited as the owner and you indicate if changes have been made to the NFT (these rights will also be automatically sublicensed to any subsequent buyer of the NFT);
  • make the NFT available for sale on OpenSea or Archipelago (this right will also be automatically sublicensed to any subsequent buyer of the NFT); and
  • collect royalties of 2% on all subsequent sales of the NFT (For purposes of clarity, only the Minter will be entitled to the aforementioned royalty from sales, and subsequent resellers will not receive any royalty. This royalty is provided to Minters in exchange for their collaboration in developing the particular Work through their customization on the QQL platform).

Notwithstanding anything in this ToU to the contrary, you will have ownership in the legal title of the QQL Token and upon minting a Work you will have ownership in the legal title of the NFT asset minted (excluding intellectual property rights) and such ownership will be recorded on the blockchain in connection with the NFT. The ownership in the QQL Token, NFT and license granted in this ToU applies only as long as you continue to own title to the QQL Token and/or NFT. If at any time you sell, trade, donate, give away, transfer, or otherwise dispose of the QQL Token or NFT for any reason, the new owner will assume legal title in the QQL Token/NFT and the license granted in this ToU will immediately expire, resulting in you having no further rights in or to the QQL Token/NFT beyond the right to collect royalties on subsequent sales from the NFT (if the NFT is sold as opposed to the QQL Token) as set forth in this ToU.

YOU UNDERSTAND THAT MINTING OF A WORK DOES NOT MEAN THAT YOU OWN INTELLECTUAL PROPERTY OWNERSHIP RIGHTS IN SUCH MATERIAL OR CONTENT AND THAT YOU DO NOT HAVE COMMERCIAL REPRODUCTION RIGHTS OR ANY OTHER RIGHTS REGARDING THE MATERIAL OR CONTENT BEYOND THE LIMITED NON-COMMERCIAL LICENSE GRANTED ABOVE. THE RESULTS AND PROCEEDS OF YOUR CONTRIBUTIONS TO THE WORKS ARE TRANSFERRED TO US IN ACCORDANCE WITH THIS AGREEMENT.

For purposes of clarity, you may not:

  • use the NFT to advertise, market, or sell any product or service;
  • use the NFT in any manner which would constitute or amount to an endorsement of or relationship with any particular third party, entity, product, product category, charity, political party, or service; 
  • use the NFT in connection with images, videos, or other forms of media or content that depict or promote violence, hatred, sexual conduct, illicit drugs or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others; 
  • use the NFT in movies, videos, or other forms of media, except solely for your own personal, non-commercial use; 
  • sell, distribute, or otherwise commercialize merchandise that depicts, embodies, contains, or consists of the NFT;
  • sell your Minter’s royalty interest to a third party;
  • attempt to trademark, copyright, or otherwise acquire any intellectual property rights in the NFT except for the limited license granted pursuant to these this ToU; or 
  • otherwise use the NFT for your or any third party’s commercial benefit.

Assumption of Risk Associated with NFTs

QQL is not liable for any losses, damages, or claims, including, but not limited to, any loss of use, loss of profits, or loss of data arising out of your purchase of NFTs in connection with our Online Services or otherwise. QQL Online Services are provided on an “as is” basis without any WARRANTIES OR GUARANTIES of any kind regarding your use of NFTs or regarding the laws and regulations surrounding NFTs in your jurisdiction. By using QQL Online Services, you assume all risks associated with NFTs. You warrant that you understand that the risk of loss in the investment of NFTs can be substantial and understand that NFTs are volatile in price fluctuations.

You are solely responsible for the following:

  • Determining and complying with all laws and regulations that may relate to your use of our Online Services per your jurisdiction of residence, including, but not limited to, securities and tax laws; and
  • Ensuring that your wallet keys and account passwords are held in a secure place, are not susceptible to being misplaced or stolen, and are stored in a place that is reliable, secure, and resistant to cyber-attacks and fraud.

User Guidelines

To ensure that the QQL Platform is enjoyable for everyone, we have established some ground rules you must follow while using our Online Services. By using our Online Services, you agree that you will not:

  • use any automated means (including bots, scrapers, and spiders) to interact with our Online Services;
  • use the QQL Online Service to facilitate the sending of “spam” or unsolicited commercial email;
  • circumvent or attempt to circumvent any technology used by QQL to protect our Online Services and/or Users;
  • use or attempt to use unauthorized third parties to connect to our Online Services;
  • share your private wallet keys or account passwords with others;
  • use any other individual’s wallet or account to access our Online Services;
  • remove or alter any intellectual property notices, including for the purpose of changing the source of ownership of any content featured;
  • connect another wallet or payment account once we’ve disconnected a previous one you were using;
  • buy, sell, lease or rent your wallet or payment account;
  • share, copy, distribute, sell, lease, rent, exploit or otherwise make available for commercial use any content hosted on QQL that is not solely owned by you;
  • upload or share any content that is not solely owned by you or that you have not secured the rights, licenses, and appropriate authorizations in;
  • upload or share any content that infringes or violates the rights of any third-party, including, without limitation, any intellectual property rights, performers’ rights, rights of privacy, rights in contract, rights of publicity, or rights in confidential information;
  • upload or share any content that is unlawful, abusive, defamatory, pornographic, or obscene; and
  • upload or share any content that incites violence, terrorism, illegal acts, or hatred on the grounds of race, ethnicity, cultural identity, religious belief, disability, gender identity, or sexual orientation.

Third-Party Social Networking

When engaging with QQL and other QQL Users on third-party social networking sites, you are subject to the terms of use of that third-party site. QQL may choose to delete comments and moderate content to the extent permissible under the terms of that site.

Suspension and Termination of Users

  • Involuntary Termination

    QQL will make best efforts to notify you if we have a reason to believe that you have violated this ToU and may issue you a written warning outlining the behavior we believe is in violation. However, we reserve the right to suspend or terminate your access to our Online Services without warning at any time.

  • Voluntary Termination

    You are free to voluntarily disconnect your wallet from our Site using the same third-party site that you used to connect your wallet. After disconnecting your wallet, we cannot guarantee that your Works will be able when you reconnect your wallet. We cannot guarantee that ALL information you have previously provided to QQL will be deleted when you disconnect from QQL, and we reserve the right to keep some information as required by law or necessary for our legitimate business purposes.

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to and investigate any claim that content posted on our Online Services infringes on the copyright or other intellectual property rights of any person or entity. If you are a copyright owner or an authorized agent of a copyright owner, and you believe that content on our Online Services infringes on another copyrighted work, please submit your claim via email to studio@tylerxhobbs.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged infringement. In accordance with 17 U.S.C. 512(c)(3) of the Digital Millennium Copyright Act (DMCA), your claim must include:

  • an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the copyright owner;
  • a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  • identification of the URL or other specific location on our Platform where the material that you claim is infringing is located;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized agent permitted to act on the copyright owner’s behalf.

Please be aware that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims relating to content that you report as being allegedly infringing in nature.

Testimonials & Reviews Disclaimer

Our Online Services may contain testimonials and reviews of our Online Services by our Users. While based on the real-life experiences and opinions of such Users, such opinions do not reflect the experiences of all of our Users, and User experiences with our Online Services may vary. The views and opinions in such reviews and testimonials solely belong to the User and do not reflect our views and opinions.

Representations and Warranties

  • QQL’s Representations and Warranties: QQL PLATFORM AND ONLINE SERVICES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” QQL MAY USE REASONABLE EFFORTS TO CORRECT ERRORS AND OMISSIONS IN QQL’S ONLINE SERVICES. HOWEVER, QQL EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT THAT THE LAW OF THE JURISDICTION PERMITS. QQL DOES NOT WARRANT THAT USER’S USE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT RETROACTIVE NFT TRANSFERS OR PAYMENT TRANSFERS WILL BE MADE IF ERRORS OCCUR. QQL IS NOT RESPONSIBLE FOR ENSURING THAT USERS’ NFT WALLET INFORMATION AND PAYMENT INFORMATION PROVIDED TO QQL IS CORRECT OR THAT USERS’ NFT WALLET AND PAYMENT INFORMATION IS SECURE. QQL WILL NOT BE LIABLE FOR RETROACTIVE NFT TRANSFERS THAT USER DID NOT RECEIVE OR LOST DUE TO SUBMISSION OF WALLET MISINFORMATION, LOSS OF ACCESS TO WALLET KEYS, SERVER FAILURE, DATA LOSS, OR UNANTICIPATED DEFECTS OR ERRORS IN THE QQL PLATFORM, NFT WALLET, PAYMENT PROCESSOR, OR ANY OTHER THIRD PARTY. QQL AT ALL TIMES RESERVES THE RIGHT TO CEASE OFFERING SERVICES AND/OR CEASE TO HOST CUSTOMIZATION, MINTING, OR ANY OTHER OFFERING. IN SUCH AN EVENT USER UNDERSTANDS THAT THEY MAY NO LONGER HAVE ACCESS TO WORKS CUSTOMIZED ON THE QQL PLATFORM.
  • User Representations and Warranties

By using QQL’s Online Services, you represent and warrant that:

  • You are free to enter into and comply with this ToU and are not under any disability, restriction, or prohibition, contractual or otherwise, that prevents you from entering into this ToU;
  • You are fully liable for all materials and content provided by you to QQL or shared in association with QQL;
  • You have read and agree to this ToU and will not use QQL Online Services for any fraudulent or inappropriate purpose or in a way that violates this ToU; and
  • You assume all risks associated with NFT use and investment.

Limitation of Liability

IN NO EVENT WILL QQL BE LIABLE FOR ANY CLAIMS IN REGARDS TO USER-GENERATED CONTENT, FAILURE TO PROVIDE ACCURATE OR COMPLETE INFORMATION, FAILURE TO KEEP NFT WALLET OR PERSONAL INFORMATION CONFIDENTIAL, LOSS OF USE, LOSS OF DATA, CHANGES TO THE ONLINE SERVICES OR PLATFORM, TEMPORARY OR PERMANENT SUSPENSION OF ONLINE SERVICES, DAMAGE TO COMPUTER OR HARDWARE, SECURITY BREACHES, INTERRUPTION OF BUSINESS, LOST PROFITS, BREACH OF A THIRD-PARTY CONTRACT, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER RESULTING FROM AN ACTION UNDER CONTRACT, TORT, STRICT PRODUCT LIABILITY OR OTHERWISE THAT ARISE AS A RESULT OF YOUR USE OF OUR ONLINE SERVICES. IN NO EVENT WILL QQL’S AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEED FIFTY US DOLLARS (USD $50). IF APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY ABOVE, QQL’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE JURISDICTION. YOU ACKNOWLEDGE AND AGREE THAT SUCH LIMITATIONS AND EXCLUSIONS REFLECT A FAIR AND REASONABLE ALLOCATION OF RISK AND HAVE BEEN REACHED DUE TO FUNDAMENTAL BARGAINING BETWEEN YOU AND QQL.

Indemnification

You agree to indemnify and hold QQL harmless from any and all claims, losses, liability, damages, expenses, and costs (including attorney fees, mediation, arbitration, and court costs), resulting from:

  • any breach by you of this ToU;
  • any third-party claim arising from your creation, uploading, or sharing of content through our Online Services, including, but not limited to, claims of copyright infringement, trademark infringement, right of publicity, rights of privacy, breach of contract, defamation, fraud, misrepresentation, inaccuracy, discrimination, abuse, pornography or obscenity;
  • any activity related to your interaction with our Online Services; and
  • any investigation or claims brought as a result of your breach of tax and securities laws and regulations.

Release

User hereby releases and forever discharges QQL (and our officers, employees, agents, successors, and assigns) from, and hereby waives and relinquishes, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to QQL, the QQL Online Services (including any interactions with, or act or omission of, other Users, or any third-party links and ads). IF USER IS A CALIFORNIA RESIDENT, USER HEREBY WAIVES CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

Use by Minors

Our Online Services are not targeted or intended to be used by people under the age of majority, and minors under the age of 13 are expressly prohibited. Permitted minors must have permission from their parent or guardian before accessing our Online Services. A parent or guardian who has permitted a minor to access our Online Services agrees to this ToU on behalf of the minor and is solely responsible for exercising supervision over the minor’s activities while using our Online Services.

Privacy, Cookies, and Data Protection

We care about your personal information; any personal information you provide to us is collected, stored, and processed by us and used according to our Privacy Policy. Our use of cookies and data protection systems are also explained in this policy.

International Users

QQL Online Services are controlled, operated, and administered from our offices within the United States of America and are not intended to be subject to the laws or jurisdiction of any country outside of the United States of America. WE DO NOT REPRESENT OR WARRANT THAT OUR PLATFORM AND ONLINE SERVICES ARE APPROPRIATE, LEGAL, OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN THE UNITED STATES OF AMERICA. Those who choose to access QQL outside of the United States of America do so on their own initiative and assume all risks associated with such access, including but not limited to any compliance with their particular jurisdictions’ laws and regulations and any United States export controls. We reserve the right to limit our Online Services, in whole or in part, to any geographic location or jurisdiction we choose.

Dispute Resolution

THIS SECTION OF OUR ToU SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. PLEASE ENSURE THAT YOU READ THIS SECTION CAREFULLY AND FULLY UNDERSTAND THIS SECTION BEFORE USING AND ACCESSING OUR ONLINE SERVICES. THIS SECTION WILL SURVIVE TERMINATION OF THIS TOU AND ANY TERMINATION OF YOUR ACCESS TO OUR ONLINE SERVICES.

  • Letting Us Know About Complaints

At QQL, we hope that we can work out any complaints or differences that we may have with you respectfully and calmly. If you have any concerns about the Online Services that QQL provides, please reach out to us to let us know. If we cannot work out our differences together, then the following mandatory binding arbitration will apply to resolve the dispute.  

  • Mandatory Binding Arbitration

If any controversy or claim arising out of, or relating to, this ToU, our Privacy Policy, or QQL’s Online Services cannot be amicably resolved, such controversy or claim will be determined by binding arbitration rather than in a court of law. Except that mandatory binding arbitration will not apply with respect to any claims relating to infringement or misuse of intellectual property.

The binding arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes of the American Arbitration Association (the “AAA”) and administered by the AAA. Arbitration must be commenced by filing a demand for arbitration with the AAA within one (1) year after the claim occurs or within one (1) year of the party asserting the claim and becoming reasonably aware of the act or omission giving rise to the claim. If applicable law prohibits a one-year statute of limitations for asserting claims, claims must be asserted within the shortest period of time permitted by the applicable law. If an arbitrator determines a claim to be frivolous, you agree to reimburse QQL for all fees associated with the arbitration, including attorneys’ fees and arbitration costs.

  • Class Action Waiver

You agree to waive any right to participate in a class or representative action or proceeding and warrant that any claims brought against QQL will be initiated only in your individual capacity. Any relief awarded by an arbitrator or otherwise will not affect other Users of QQL Online Services.

Assignment
You are not entitled to assign this ToU or our Privacy Policy to any third party, in whole or in part, without the prior written consent of QQL. QQL reserves the right to assign this ToU, and our Privacy Policy in whole or in part, to any third party at any time without notice, including but not limited to any individual or entity acquiring all or substantially all of the QQL business or assets.

Survival of Terms Beyond Termination

All provisions in this ToU and our Privacy Policy that specifically state or logically ought to survive the termination of our ToU, Privacy Policy, or the termination of a User’s access to our Online Services will survive such termination, including without limitation arbitration, representations and warranties, indemnification, limitation of liability, intellectual property ownership, and arbitration provisions.

Waiver and Severability

No waiver by QQL of any term or condition in this ToU or our Privacy Policy will be deemed or construed to be a waiver of such term or condition in the future, or of any preceding or subsequent breach of the same or any other term or condition of this ToU or our Privacy Policy or any other agreement. If any term or condition in this ToU or Privacy Policy is declared to be invalid, illegal, or unenforceable, for any reason, the remainder of the provisions will remain in effect and will be enforceable to the fullest extent possible.

Applicable Law and Jurisdiction

Except where otherwise required by mandatory law, this ToU and our Privacy Policy is to be governed by and interpreted, constructed, and enforced in accordance with the laws of Texas and in the exclusive jurisdiction of Travis County, Texas.

Entire Agreement

This ToU and our Privacy Policy represents the entire and exclusive agreement between QQL and our Users. All previous written and oral agreements and communications related to the subject matter of this ToU and our Privacy Policy are superseded.

Contact Us

If you have any questions about this ToU, our Privacy Policy or the QQL Online Services, or would like a copy of this ToU or our Privacy Policy mailed to you electronically, you can contact us directly at:

studio@tylerxhobbs.com

PO Box 18142, Austin, TX 78760