Terms of Service
The Site and the Services, as defined below, are provided to you by Qyre AB, its subsidiaries and affiliates (the “Company”, “Qyre”, or “we”/“us”/“our”). The site (“Site”) is an online platform, mobile application and/or Qyre’s website for connection, recruitment, communication and production management directed primarily towards freelancers, media production companies and other project creators.
After creating an Account, you will be able to create your own profile with information about which production area you work in, previous production and experience, upload images, videos and other media to showcase yourself and your work and include other relevant information that you wish to share with the other users on the Site. You will also indicate your availability for engagements. Once recruited to a production or other engagement, you may get administrator access and communicate with other users involved in the same production. As a production company, or a user with administration access, you may follow-up on the production, see users involved, get statistics about the ongoing productions, etc.
Please note that some of the features available on the Site, such as bookings, invoicing, document signing, financing, advanced project monitoring, etc., may have separate terms and conditions, which are provided by a third party (e.g.payment processing services, invoicing and contract signing solutions) and/or be subject to additional fees. In that case, such terms and conditions are presented in connection with the relevant feature. All features are further described on the Site.
Please read these Terms of Service carefully before accessing or using our Site and/or using our Services. By accessing or using any part of the Site and/or using ourServices, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use any of our Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current Site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site or use of the Services following the posting of any changes constitutes acceptance of those changes.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use the Site. If you are agreeing to these Terms of Service on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to these Terms of Service, in which case the terms "you","your", "user" or "customer" shall refer to such corporate entity. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
You may not use our Site or Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction(including but not limited to copyright laws).
A breach or violation of any of the Terms may result in an immediate termination of your Services.
We have the right to modify the Services from time to time and at any time in our discretion. Your right with respect to any dissatisfaction with any modifications made pursuant to this provision of the Services is to stop using those Services.
THE TERMS ALSO CONTAIN A BINDING INDIVIDUAL ARBITRATION CLAUSE AND CLASS-ACTION WAIVER PROVISION BELOW. IF YOU ACCEPT THE TERMS, YOU AGREE TO RESOLVE DISPUTES IN BINDING, INDIVIDUAL ARBITRATION AND GIVE UP THE RIGHT TO GO TO COURT INDIVIDUALLY OR AS PART OF A CLASS ACTION. THESE TERMS WILL AFFECT YOUR LEGAL RIGHTS. PLEASE REVIEW THEM CAREFULLY. YOU MAY HAVE A TIME-LIMITED RIGHT TO OPT OUT.
If you are a user in the European Economic Area (“EEA”), or any other country that does not allow such arbitration agreement, the arbitration clause does not apply to you.
Upon creating your Account and by accessing the Services, you consent to having thisAgreement provided to you in electronic form and that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing. When you create your Account you may be asked for your telephone and mobile telephone number so that we may contact you regarding importation information about Services and your account, and to provide special offers to you. You expressly consent to our communicating with you about our Services using the contact Information you provided to us. You also attest that you have the legal authority over any telephone number you provide to us and can provide us with the authorization to contact you. This means we may contact you, in person or by recorded message, by e-mail, telephone and/or mobile telephone number (including use of automated dialing equipment), text (SMS) message, or any other means of communication that your wireless or other telecommunications device may be capable of receiving.
You are responsible for maintaining the confidentiality of your Account and password. You may not share your password with third parties. You agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify us in the event of any unauthorized use of your account or other breach of security.
License to Use Services
Commencing as provided under the Term and Cancelation provisions below, we grant you a nonexclusive, nontransferable, revocable, limited license to access and use the Services and information available through the Site, strictly subject to and in accordance with these Terms and the limitations and restrictions described here in. We reserve the right to terminate this license at any time and for any reason.
You specifically agree that you will not sell, resell, lease, license, sublicense, or otherwise commercialize or provide all or any part of the Services or any of the information provided through the Services. You agree that you will not, unless specifically permitted by us (i) copy, display or distribute any part of the Services or Site without our prior written consent, or (ii) alter or modify any part of the content herein other than as may be reasonably necessary to use it for their intended purpose. You further agree that you will not use any automated devices, such as spiders, robots or data mining techniques to download, store or otherwise reproduce, store or distribute content or to manipulate our applications, Site, or Services.
Term and Cancelation
You may not commence accessing certain Services until you have opened an Account and we receive all documents necessary to begin the Services and notify you that your Account is active. Your failure to comply with any of the Terms may result in automatic termination of your rights and license hereunder, with or without prior notice. Upon termination of cancellation, you must immediately destroy all copies of any downloaded materials in its possession or control.You may not assign or transfer the license granted hereunder and may not lease, sublicense, assign or transfer any of the rights, duties or obligations hereunder.
Commission and Payment Processing
By using the Services or accessing the Site, you acknowledge that all production engagements, or similar jobs, gigs, rentals or other opportunities presented via the Site and/or Services are subject to a percentage-based commission payable to the Company. The size of the commission may vary depending on type and size of assignment and is stated on the Site.
By booking an engagement via the Site, you accept that, although your contract for the particular engagement is with the performer of the relevant services, the fees for the engagement (including the commission to the Company) may be invoiced to you by the Company, or by use of a third-party supplier on be half of the performer.
Incase payments are handled by the Company on your behalf (regardless of the manner in which it is handled), the Company will deduct its commission from any payment from a user, before any amount is paid out to you (being the performer of the service).
For the avoidance of doubt, the Company is not responsible for any obligations in the agreement between the performer of a service engagement and the user, including any payment obligations, the Company is not responsible for collecting any outstanding amounts from the user e.g. sending payment reminders or calculating interest in case of delayed payments, and the Company is not responsible for the acts of the freelancers, media production companies, or other project creators.
Collection of Payment
The Company will assist you in collecting payments from the Users and execute payments to you by the company, or by use of a third-party supplier. In order for us to execute payouts to you, you must provide us with relevant bank details or invoicing information, as applicable, depending on the payment method chosen by you at the Site.
For the avoidance of doubt, the Company is not responsible for any obligations in the agreement between you and the User, including any payment obligations, and the Company is not responsible for collecting any outstanding amounts from theUser e.g. sending payment reminders or calculating interest in case of delayed payments.
If applicable, you agree to pay any additional fees for certain Services as then in effect and listed on the Site. We will bill you for these Services using the billing information you provide (your "Billing Account"). You agree to pay us all charges at the prices then in effect for your use of the Services using your Account, and any applicable taxes, and you authorize us to charge your chosen payment provider (your "Payment Method") for theServices. You agree to make payment using that selected Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the "PaymentMethod Provider"). If we do not receive payment from your Payment MethodProvider, you agree to pay all amounts due on your Account upon demand. In the event we are advised of insufficient funds in your account or credit to cover your payment by credit card, we may re-present such uncleared or rejected payment to your Payment Method Provider. We reserve the right to correct any errors or mistakes even if we have already requested or received payment and to update your information from available third-party sources. Because of the access granted to you while your Account remains active, all charges are NON-REFUNDABLE. All prices are in United States Dollars and do not includeInternet service provider, telephone, and other connection charges.
We reserve the right to refuse Services to anyone for any reason at any time.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services or Site, use of the Services or Site, or access to the Service orSite, or any contact on the Site or through the Service without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Accuracy, Completeness and Timeliness of Information
We are not responsible if information made available on the Site or through the Services is incorrect, not accurate, not complete or not current. The material on the Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Site is at your own risk. The site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our Site.
Modifications to the Service
We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services.
Accuracy of Account Information
You agree to provide current, complete and accurate Account information. You agree to promptly update your Account and other information, including your email address, so that we can contact you as needed.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Site or Services is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the Site(including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Non-final Version; Updates and Patches
You agree and acknowledge that you are using a beta and/or non-final version of theSite and Services and at any time we may update to or publish or release an updated version of the Site and/or Services. Therefore, although we do not have any express maintenance or support obligations with respect to the Site andServices, we may from time to time provide patches, updates, or upgrades to theSite and Services that must be installed in order for you to continue to use the Site and Services, and you hereby consent to our applying such patches, updates, and upgrades.
In addition, you agree and acknowledge we can terminate or discontinue theServices at any time and for any reason, and may delete or modify the information stored by the Services. And, you agree and acknowledge that our termination or discontinuing of the Services shall not be grounds for any refunds of any kind.
You also agree and acknowledge that the Site and Services is non-final and a work in progress, and therefore may contain bugs or errors which may cause a loss of data and/or damage to your devices, and Qyre is not liable in any way for such loss of data or damage, for interruptions of service, of for software or hardware failures.
Sweepstakes, Contests, Raffles, Surveys and Similar Promotions
Certain content, products and services available via our Site and/or Service may include materials from third-parties. Third-party links on the Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Legal Rights in Site and Services
The content on the Site and the Services, including without limitation the text, software, scripts, source code, graphics, photos, videos and interactive features and the trademarks, service marks and logos contained therein, are owned by or licensed to Company, and are subject to copyright, trademark, and/or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. You should assume that all contents of the Site are copyrights unless otherwise noted. Names mentioned herein may be the trademarks of Company or of other companies or persons. Your use of the Site constitutes your agreement that you have no rights to use any such trademarks without the prior written consent of Company.
User Comments, Feedback and Other Submission
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site, Services, or any related website. You may not use a false e-mail address, pretend to be some one other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
and other documented instructions from the user. The Company is given a general right to engage sub-contractors in order to provide the Services and to process personal information.
Errors, Inaccuracies and Omissions
Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to information, advice, descriptions, offers, links and any other information on the Service. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or remove it, if any information in the Service or on any related website is inaccurate at any time without prior notice.
We undertake no obligation to update, amend or clarify information in the Service or on any related website, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
You may not use materials on the Site or provided with the Services in a manner that is inconsistent with these Terms. You may freely view and use the Site and download material solely for your permitted uses here under, provided that you retain all copyright notices and other proprietary notices contained in the original downloaded materials or any copies of the materials. However, you may not otherwise use, modify, display, copy, download, distribute, reproduce, retransmit or create derivative works from, the materials at the Site or that you download from the Site, without the prior written consent of Company. Nothing in the Site creates, by implication, estoppel, or otherwise, any license or right under any patent, copyright, trademark or other intellectual property right of Company or of any third party. You agree not to circumvent, disable or otherwise interfere with the security-related features of the Site or the Services (including without limitation those features that prevent or restrict use or copying of any content) or enforce limitations on the use of the Site or the Services or the content therein.
Any unauthorized use of any materials at the Site may violate copyright, trademark, and other laws. Breach of any of these terms results in termination of your authorization to use the Site, and upon a breach, you must immediately destroy any downloaded or printed materials. No logo, graphic, sound or image may be copied or retransmitted, without our written consent.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site, Services, and/or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;(h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site,Services or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Site, Service or any related website for violating any of the prohibited uses.
In addition, You may not use the Site or Services in any manner that: (i) imposes an unreasonable or disproportionately large load on the Site's infrastructure, or otherwise adversely affects, restricts or inhibits any other user from using and enjoying the Site; (ii) introduces a virus or other harmful component to the Site; (iii) constitutes or contains false or misleading indications of origin or statements of fact including but not limited to impersonating any other person; (iv) contains any virus, Trojan horse, worm, time bomb, cancel bot or other similar harmful or deleterious programming routine; (v) results in the transmission of any information, data, text, images, links, files, etc., except in connection with your authorized use of the Site or (vi) results in the harvesting of any information concerning other users of the Site.
We may change, suspend or discontinue any aspect of the Site or the Services at any time, including the availability of any Site feature, Services or content(including without limitation prices and fees for the same). We may also impose limits on certain features and services or restrict your access to parts or the entire Site or Services without notice or liability.
Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on the Site. Computer viruses or other destructive programs may also be inadvertently downloaded from the Site and Services
Disclaimer of Warranties; Limitation of Lilability
We do not guarantee, represent or warrant that your use of our Site or Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Site or Service will be accurate or reliable.
You agree that from time to time we may remove the Site or Service for indefinite periods of time or cancel the Services at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Site or Service is at your sole risk. The Site, Service and all products and services delivered to you through the Site and Service are provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
THEREFORE, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES AND CONTENT ARE PROVIDED"AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT.
IN NO CASE SHALL COMPANY AND ITS AFFILIATES, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS,CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FORANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE,SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, ORANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE),STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE ORANY PRODUCTS PROCURED USING THE SITE OR SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE, SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OFANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE, SERVICE OR ANY CONTENT(OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE OR SERVICE,EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DONOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree to indemnify, defend and hold harmless Company and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, contributors, writers and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Although accessible by others, this Site is primarily intended for access and use by United States residents. We make no representation that information on the Site is appropriate or available for use outside the United States.Those who choose to access the Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. We make no representation that materials at this Site are appropriate or available for use outside the UnitedStates, and access to them from territories where their contents are illegal is prohibited. You may not use, export or re-export the materials at this Site or any copy or adaptation in violation of any applicable laws or regulations, including, without limitation, United States export laws and regulations.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms ofService, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Site and Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this Site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Site and Service, superseding any prior or contemporaneous agreements, communications and proposals, whether or oral written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Governing Law and Jurisdiction
This Agreement shall be construed and enforced in accordance with the laws of theState of California, United States of America, without reference to the principles of conflict of laws of any jurisdiction (including those of theState of California). For any disputes deemed not subject to binding individual arbitration, as provided in the section immediately below, you agree to submit to the exclusive jurisdiction and venue of the state and federal courts in LosAngeles, California, and you agree to waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Binding Individual Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TOFILE A LAWSUIT IN COURT. THE ARBITRATION PROCEEDINGS IN THIS SECTION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY.
YOU AGREE THAT DISPUTES BETWEEN YOU AND QYRE WILL BE RESOLVED BY BINDING,INDIVIDUAL ARBITRATION, AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
THIS NOTICE DOES NOT APPLY: (1) IF YOU ARE A RESIDENT OF THE EEA, OR ANY JURISDICTION WHICH DOES NOT ALLOW THIS ARBITRATION AGREEMENT, OR (2) IF YOU OPTOUT OF ARBITRATION AS DESCRIBED IN THE "ARBITRATION" SECTION BELOW.
If you live in the United States or another jurisdiction which allows you to agree to arbitration, you and Qyre agree to arbitrate all Disputes regardless of whether the Dispute is based in contract, statute, regulation, ordinance, tort(including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, except that each party retains the right:(a) to bring an individual action in small claims court and (b) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
Arbitration is an alternative dispute-resolution procedure that allows us to resolve issues without the formality of going to court. Any dispute between us and you is submitted to a neutral arbitrator (not a judge or jury) for fair and fast resolution.
In the event of any dispute, controversy, or difference, arising among or out of, orin relation to, or in connection with the interpretation or performance of this Agreement or any of the terms hereof, or a breach hereof (“Dispute”), the parties hereto shall promptly conduct informal discussions and negotiations in good faith with a view to resolve such Dispute effecting as nearly as possible the intent and purposes of this Agreement. Any resolution of such Dispute shall be set forth in a writing signed by the parties.
If such Dispute cannot be satisfactorily resolved by the Parties themselves through friendly consultation within a period of thirty (30) calendar days after notice by you to Qyre of a Dispute, you or Qyre may commence an arbitration in accordance with this Agreement.
The arbitration shall be initiated and conducted according to either JAMSStreamlines (for claims under $250,000) or the JAMS Comprehensive (for claims over $250,000) arbitration rules and procedure in effect at the time the request for arbitration is made, except as modified herein, including the optional appeal procedure (the “Arbitration Rules”). The Tribunal will consist of one arbitrator having experience in intellectual property and commercial disputes. The place of arbitration will be the Los Angeles, California office of JAMS or its successor (“JAMS”). The language to be used in the arbitral proceedings will be English. You and Qyre agree that whether a dispute is subject to arbitration under this Agreement will be determined by the arbitrator rather than a court. Any decision or award will include a written statement stating the decision of each claim and the basis for the award, including the arbitrator’s essential factual and legal findings and conclusions. Judgment upon the decision or award rendered by the arbitrator maybe entered in any court having jurisdiction thereof.
Qyre will pay its arbitration costs as required by the Arbitration Rules and, in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your arbitration filing and hearing fees as the arbitrator deems is necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation. Each side shall pay his, her, or its own attorneys’ fees and costs unless the claim(s) at issue permit the prevailing party to be paid its fees and/or litigation costs, in which case the arbitrator shall award fees or costs as required by the applicable law.
Class Action Waiver
THE ARBITRATION PROCEEDINGS DESCRIBED ABOVE WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY. Neither You nor Qyre shall be entitled to join or consolidate disputes by or against other individuals or entities, or to arbitrate any dispute in a representative capacity, including, without limitation, as are presentative member of a class or in a private attorney general capacity, in connection with any Dispute. Further, unless both you and we agree, the arbitrator may not consolidate more than one person’s claim. The arbitrator may award any individual relief or individual remedies that are permitted by applicable law, but to the maximum extent permitted by applicable law, may not award relief against Qyre respecting any person other than you.
Changes to Terms of Service
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
For information, support or questions, please contact us at firstname.lastname@example.org