Terms of Service (last updated March 1, 2021)
Welcome to the QuikPlace.io website (the “Site”) run by QuikPlace, Inc. (“QuikPlace,” “we,” or “us”). We’re glad you’re here, and we hope you enjoy everything we have to offer.
These Terms govern your use of this Site and any of the services we offer on the Site (collectively, the “Services”). You automatically agree to these Terms and to our Privacy Policy simply by using the Services. We’ve tried to keep these Terms as simple as possible, so please read them carefully.
PLEASE NOTE THAT SECTION 11 OF THESE TERMS CONTAINS AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER PROVISION. IT AFFECTS HOW DISPUTES BETWEEN YOU AND QUIKPLACE MAY BE RESOLVED.
1. Your Account
You must create an account and specify a password in order to use certain Services. To create an account, you must be at least 16 years old, and you must provide truthful and accurate information about yourself. If you are a minor, you must have permission from your parent or legal guardian to create an account and to make any transactions on the Site. You must provide truthful and accurate information when creating an account. If your account information changes at any time, please update your account to reflect those changes.
If you use your account on behalf of a company, you must be authorized to act on behalf of that company.
Please keep your account access credentials confidential. If you believe that your account has been compromised at any time, contact us immediately by sending an e-mail to [email protected]. We’ll try to help.
2. Marketplace
The Site provides an online marketplace where people and brands can find influencers to help promote their goods or services on various social media platforms (the “Marketplace Offerings”). Please note that we are not affiliated with any of the social media platforms and we do not represent the individual influencers. We’re here to help you make connections, but are not responsible for what the platforms or influencers do.
Through the Marketplace, you can engage Influencers to create videos, posts, or other content to promote your Music or Brand (the “Influencer Services”). Prices for the Influencer Services are listed on the Site in US Dollars and may change at any time.
**We are unable to provide refunds for crypto payments. We can only give store credit for all canceled promotions paid using crypto** You will be charged automatically when you make a request for Influencer Services. An Influencer has up to fourteen (14) days to fulfill or decline your request, and they have discretion in how they fulfill requests. If an influencer denies or does not fulfil your request within fourteen (14) days, you will receive store credit. Otherwise, no refunds will be issued under any circumstances.
Please note that you are purchasing the Influencer Services, but do not own the content posted by the Influencers. The Influencers themselves continue to own the content they create, with the exception of any materials you provide. We can only guarantee that content posted by influencers will be up for forty-eight (48) hours.
You may not use Site to request an Influencer to promote things such as alcoholic beverages, intoxicants of any kind, illegal drugs or other illegal products, games of chance, pornography, or any graphic adult content. We reserve the right to reject any request and to terminate your account if you violate these Terms.
If you decide to send anything, such as products, to an Influencer to assist them in performing the Influencer Services, you are responsible for any costs associated with that.
If you need to contact an Influencer, you can do that via the Message Center or you can contact us at [email protected], and we will try to help. You may not attempt to conduct business with any Influencer outside of the Site.
3. Purchase and Payment
To help ensure your security, payments are processed using Stripe. We currently accept the following forms of payment: (a) Visa; (b) MasterCard; (c) American Express; (d) Discover; and (e) PayPal. Sales tax may be added to prices, as required by law.
We reserve the right to correct any errors or mistakes in pricing.
4. Content Posted by You and Others
We may provide opportunities for you to post text, photographs, videos, or other content (collectively, “Content”) on the Site. You may only post Content if you own all the rights to that Content, if it’s in the public domain, or if you have permission from other people who own the rights.
You do not transfer ownership of your Content simply by posting it. However, by posting Content, you grant QuikPlace, its agents, licensees, and assigns an irrevocable, perpetual (non-exclusive) right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use your Content. This license continues even if you stop using the Services.
You agree to indemnify QuikPlace against any all liability, claims, actions, loss, harm, damage, injury, cost, or expense arising out of any Content you post.
We are not responsible for, and do not endorse, Content posted by any other user on the Site. Accordingly, we may not be held liable, directly or indirectly, for any loss or damage caused to you in connection with any Content posted by another person.
5. Your Use of the Services
Please do not use the Services in a way that violates any laws, infringes anyone’s rights, is offensive, or interferes with the Services or any features on the Site (including any technological measures we employ to enforce these Terms). It should be common sense, so we won’t bore you with a list of things you shouldn’t do. If we (in our sole discretion) determine that you have violated these Terms, or otherwise acted inappropriately, we reserve the right to take down Content, terminate your account, prohibit you from using the Site or any Services, and take appropriate legal actions.
Using our Services does not give you ownership of any intellectual property rights to the content you access. You may not use content from our Services unless you obtain permission from us or its owner, or unless you are otherwise permitted by law.
6. Non-Confidential Information
We do not accept any unsolicited suggestions – including, but not limited to, suggestions for new products or services, improvements to existing products or services, or marketing ideas – from anyone outside of our company. We may already be working on a similar idea, and this policy eliminates potential conflicts regarding ownership of the concept.
Any materials, information, or ideas you send us or post on this Services by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by QuikPlace for any purpose whatsoever.
7. QuikPlace Trademarks and Copyrights
We won’t steal your stuff, so please don’t steal ours.
All trademarks, logos, and service marks displayed on the Services are registered and unregistered trademarks of QuikPlace and/or third parties who have authorized their use (collectively the “Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way. All of the materials on the Services are copyrighted, except where explicitly noted otherwise. We will enforce our intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution, if necessary.
8. Copyright Protection
If you believe any Content on the Services infringes your copyrights, you may request that we remove the Content from the Services (or disable access to that Content) by contacting our Designated Agent (identified below) and providing the following information pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512 (the “DMCA”):
· Identification of the copyrighted work that you believe to be infringed. Please describe the work and, where possible, include a copy or the location (e.g., URL) of an authorized version of the work.
· Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
· Your name, address, telephone number, and e-mail address.
· A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
· A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
· A signature or the electronic equivalent from the copyright holder or authorized representative.
Send this information to us by mail or e-mail: [email protected].
Once the Designated Agent receives a notification that meets the requirements set forth above, it is our policy to: (a) review the request; (b) remove or disable access to the infringing Content; and (c) notify the provider of the Content that it has removed or disabled access to such Content.
If you receive a notification of alleged copyright infringement, and believe that the claim is erroneous, you may submit a counter-notification to QuikPlace’s Designated Agent within thirty (30) days of the date the Content was removed from the website. A counter-notification must be a written communication that includes substantially the following:
· Identification of the material that has been removed or disabled and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
· Your name, address, telephone number, and e-mail address.
· A statement “under penalty of perjury” that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material.
· A signature or the electronic equivalent of the person submitting the counter-notification.
Upon receipt of a counter-notification in accordance with the above, QuikPlace shall promptly provide the complaining party with a copy. The complaining party shall have within ten (10) business days to inform QuikPlace that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity on the website. If QuikPlace receives such notification within ten (10) business days, QuikPlace shall not replace the removed Content or cease disabling access to it. If QuikPlace does not receive such notification from the complaining party that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity on the website, then QuikPlace shall replace the removed Content or cease disabling access to it within four (4) business days following the expiration of the ten (10) business day deadline.
In accordance with the DMCA and other applicable law, QuikPlace may, in its sole discretion, terminate access to the website of any user that QuikPlace finds to be a repeat infringer. QuikPlace reserves the right to define the criteria by which Kendra Scott will determine that a user is a “repeat infringer.”
If you believe that a user is a repeat infringer, please follow the instructions above to contact QuikPlace Designated Agent and provide information sufficient for us to verify that the user has been determined to be in violation of the DMCA repeatedly.
9. Our Warranties and Disclaimers
We provide the Services using a commercially reasonable level of care, but there are certain things that we cannot guarantee.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, QUIKPLACE DOES NOT MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT ON THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR ITS RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICE “AS IS.”
AS NOTES ABOVE, WE ARE NOT AFFILIATED WITH ANY OF THE SOCIAL MEDIA PLATFORMS AND WE DO NOT REPRESENT THE INDIVIDUAL INFLUENCERS. ACCORDINGLY, BUT ARE NOT RESPONSIBLE FOR WHAT THE PLATFORMS OR INFLUENCERS DO
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
10. Liability for our Services
EXCEPT WHERE PROHIBITED, QUIKPLACE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR ANY THIRD PARTY’S USE OF THE SERVICES. THESE EXCLUSIONS INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, COMPUTER FAILURE, OR THE VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY, EVEN IF QUIKPLACE HAS BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED.
11. Disputes
You agree that agree that any dispute or claim arising out of your use of the Services, including any dispute or claim as to the application, enforceability, scope, or interpretation of this agreement to arbitrate, shall be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief, or statutory damages), and must follow these Terms of Use.
Arbitration shall be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the most-current JAMS Streamlined Arbitration Rules & Procedures, and conducted by a single, neutral arbitrator. Arbitration shall take place by phone, unless an in-person hearing is requested by either party. In that case, the hearing shall take place in the county where you reside. To the extent this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply.
Disputes may also be referred to another arbitration organization if you and the Company agree in writing, or to an arbitrator appointed pursuant to Section 5 of the Federal Arbitration Act.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
12. Email and Text Communications
You agree that all communications related to your use of the Services will be sent electronically (via email or text) and that such communications satisfy any legal requirement that such communications be in writing. All notices from QuikPlace to you shall be deemed delivered and effective when sent to the e-mail address you provide to us.
If you opt in to receive promotional text messages, you agree to receive recurring automated promotional messages sent to the mobile number provided at opt-in. Consent is not a condition of purchase. Message and data rates may apply. Text STOP to cancel text HELP for help.
If you opt in to receive promotional emails, you will be able to later opt-out by following the instructions provided in those emails.
Please note that you cannot opt out of communications that are related to your use of the Services.
13. Additional Details
We’re almost at the end.
We may modify these Terms at any time, so be sure to check back regularly. By continuing to use or log in to the Services after these Terms have changed, you indicate your agreement to the revised Terms. If you do not agree to the changes, you should stop using the Services.]
The Services may contain links to third-party websites. That doesn’t mean that we control or endorse those websites, or any goods or services sold on those websites. Similarly, the Services may contain ads from third-parties. We do not control or endorse any products being advertised.
If you do not comply with these Terms, and we don’t take action right away, that does not constitute a waiver, and we not are giving up any rights that we may have (such as taking action in the future).
These Terms are governed by and construed in accordance with the laws of the state of California, without regard to its conflict of laws rules. For disputes that are not subject to arbitration, you expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms and or your use of the Services resides in the courts located in Los Angeles, CA, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. If it turns out that a particular provision in these Terms is not enforceable, that will not affect any other provision.