Terms and Conditions
Terms and Conditions last updated: March 30th 2022
This Site Terms of Service Agreement (“Terms”) governs your use of the QuickTake™ marketplace platform (“we”, “us”, or “QuickTake”), including our website (quicktake.com), mobile application (“App”), and services we provide through them (collectively, the website, App, and services referred to as our “Site”). “You” refers to you as a user of the Site.
These Terms apply to users of, including visitors to, our Site. Use of our Site is also subject to our current Acceptable Use Policy. Your use of our Site as a Talent User (defined below) is governed by the Talent Terms of Service. (“Talent Terms”).
PLEASE READ THESE TERMS CAREFULLY. By using our Site or otherwise indicating your acceptance (for example, by agreeing when creating or logging into your account, clicking “I Agree,” etc.), you represent and warrant that you have read, understand, and agree to be bound by these Terms. If you do not agree, do not access or use our Site.
ARBITRATION NOTICE: Section 17 of these Terms contains provisions governing how claims that you and QuickTake have against each other are resolved, including any claims that arose or were asserted prior to the “Last Updated” date at the top of these Terms. It contains an arbitration agreement that will, with limited exceptions, require disputes between you and QuickTake to be submitted to binding and final arbitration. Unless you opt out of the arbitration agreement as described in Section 17: (1) you may pursue claims and seek relief against us only on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding; and (2) you waive your right to seek relief in a court of law and to have a jury trial on your claims.
Table of Contents
- QuickTake Marketplace
- QuickTake Audio/Video
- Promo QuickTake Audio/Video
- Additional Terms
- Fees and Payment
- Copyright and Intellectual Property Policy
- Third Party Content and Interactions
- Changes to our Site
- Termination and Reservation of Rights
- Disclaimers and Limitations on our Liability
- Arbitration Agreement and Waiver of Certain Rights
- Other Provisions
- Changes to these Terms
1. QuickTake Marketplace
By creating an account on our Site, you agree to provide true, accurate, current, and complete information. You agree not to create a Site account using a false identity or providing false information or if you have previously been removed or banned from our Site. You are responsible for maintaining the confidentiality of your Site account information, including your username and password. You are responsible for all activities that occur on or in connection with your Site account and you agree to notify us immediately of any unauthorized access or use of your Site account. You acknowledge and agree that we are not responsible or liable for any damages, losses, costs, expenses, or liabilities related to any unauthorized access to or use of your Site account.
2. QuickTake Audio/Video
- Through our Site, you may obtain personalized audio/video (“QuickTake Audio/Video”) from others (each, a “Talent User”). You may submit a request to a Talent User for a QuickTake Audio/Video that is personalized for you or a third party that you identify as a recipient (“Recipient”).
- You acknowledge and agree that the Talent User has sole discretion to determine how to fulfill your request and the content of the QuickTake Audio/Video created, and may not follow your request exactly. We reserve the right to reject any request in our sole discretion. The Talent User has up to seven days (at our sole discretion) to fulfill or decline your request. Once your request is fulfilled, your payment method will be charged the amount specified on the Talent User’s booking page on our Site at the time you submitted the request.
- QuickTake Audio/Videos are licensed, not sold. You are buying the right (or license) to use it, not the actual QuickTake Audio/Video itself.
- Subject to your payment in full, the Talent User hereby grants to you the following limited rights to use the QuickTake Audio/Video (other than a Promo QuickTake Audio/Video) solely for your own personal, non-commercial, and non-promotional purposes, subject to these Terms: a non-exclusive, royalty-free, fully paid, worldwide, sublicensable, revocable license to use, reproduce, distribute, and publicly display that QuickTake Audio/Video, in any and all media (for example, on social media platforms), whether now known or hereafter invented or devised.
- You may not sell, re-sell, or encumber your rights in any QuickTake Audio/Video. You may sublicense your rights in a QuickTake Audio/Video only to the extent necessary for you to use the QuickTake Audio/Video as permitted under these Terms (for example, sharing it (if it is not a Promo QuickTake Audio/Video) with friends on a social media platform or sending it to a Recipient for personal, non-commercial, and non-promotional purposes as set forth above).
- You may use a QuickTake Audio/Video only in accordance with these Terms, which includes our Acceptable Use Policy. We may terminate all or part of the foregoing licenses at any time for any reason. We reserve the right to remove a QuickTake Audio/Video from our Site at any time for any reason without any notice to you.
3. Promo QuickTake Audio/Videos
- Some Talent Users in the United States may offer QuickTake Audio/Videos for the promotion of a Recipient that is a single U.S. commercial entity, brand, or business ("Business") through our Site (each, a "Promo QuickTake Audio/Video"). Except as noted, each Promo QuickTake Audio/Video is a QuickTake Audio/Video under these Terms. When you submit a request for a Promo QuickTake Audio/Video, you must specifically identify the Business, the types of goods or services that it offers, as well as the specific product, service, or brand that you request the Talent User to mention or refer to.
- Subject to your payment in full, the Talent User hereby grants to you the following limited rights to use the Promo QuickTake Audio/Video solely for the reasonable promotional purposes of the Business for 90 days from the date the Promo QuickTake Audio/Video is sent by QuickTake to you (and for any additional 90-day periods that have been agreed), subject to these Terms:
- a non-exclusive, royalty-free, fully paid, worldwide, sublicensable, revocable license to use, reproduce, distribute, and publicly display that Promo QuickTake Audio/Video only on: (A) one website and (B) one social media account, such as Facebook, Instagram, LinkedIn, SnapChat, TikTok, or Twitter; in each case, where the website and social media account is wholly-owned, operated, and controlled by the Business; and
- the right to advertise and promote the display of the Promo QuickTake Audio/Video on the social media account through advertising only on the applicable social media platform.
- You may sublicense your rights in a Promo QuickTake Audio/Video only to the extent necessary for you to use the Promo QuickTake Audio/Video as permitted under these Terms (for example, posting it on a website or social media account as set forth in this section 3.b.).
To request an additional 90-day period, contact us at firstname.lastname@example.org.
- Promo QuickTake Audio/Video Representations and Warranties: You represent and warrant that:
- the Business is located, and operates, in the U.S. and the Promo QuickTake Audio/Video will be directed to a U.S. audience;
- any information provided to Talent is factually correct and not misleading and is not disparaging or defamatory;
- you and the Business will comply with all applicable laws, rules, and regulations, including the Federal Trade Commission “Guides Concerning the Use of Endorsements and Testimonials in Advertising,” which may require adding an appropriate hashtag (e.g. #ad, #sponsored) or other disclosure to the Promo QuickTake Audio/Video; and
- you have all rights necessary (including from the Business) to request a Promo QuickTake Audio/Video on behalf of the Business, to agree to these Terms on behalf of the Business, and to request and use the Promo QuickTake Audio/Video as authorized in these Terms, including all rights necessary to use any information, Business name, trademark, trade name, trade dress, or logos provided in connection with your Submission.
You acknowledge and agree that:
- QuickTake will not be liable or responsible for any QuickTake Audio/Video or other offering requested by you or any Submission (defined below) you make;
- you have no expectation of privacy with respect to any QuickTake Audio/Video requested by you or any Submission (defined below) you make, and that you will not make any request or Submission that infringes on the privacy or other rights of a third party;
- the QuickTake watermark on each QuickTake Audio/Video must remain intact and you agree not to edit, change, modify, cover, or remove the watermark from any QuickTake Audio/Video or assist or encourage any third party to do so; you further agree not to edit, change, modify, or create any derivative work of a QuickTake Audio/Video or assist or encourage any third party to do so;
- if you breach any provisions of these Terms, we terminate your access to our Site, or we remove or ban you (or any Site account you created or control), your license to use any QuickTake Audio/Video, or other offering under these Terms terminates and you must: promptly remove all copies of any QuickTake Audio/Video, or other offering in your possession or control, including from any social media platform; notify any Recipient of the termination and instruct them to do the same, and take any other action we reasonably request, including identifying each Recipient; and
- without limiting any of our rights, any request you submit through our Site may be rejected by us or by a Talent User; if that happens more than once, we may terminate your access to our Site, remove or ban you (and any Site account you created or control), or take other appropriate action in QuickTake’s sole discretion, including terminating your license to use any QuickTake Audio/Video or other offering under these Terms and requiring you to take the actions outlined in Section 4.d.
5. Additional Terms
Some products or services offered through the Site may have additional terms and conditions (“Additional Terms”). If Additional Terms apply, we will make them available to you in connection with that product or service. By using that product or service, you agree to the Additional Terms. To the extent that the Additional Terms conflict with any of these Terms, these Terms will govern unless the Additional Terms say that some or all of these Terms don’t apply.
- Age: You must be at least 16 years old to use our Site.
- Eligibility Representations and Warranties: You represent and warrant that:
- you have not been prohibited from using or accessing any aspect of our Site by us or pursuant to any applicable law or regulation;
- you will comply with all applicable terms of any third party payment provider we select, and you are not on a prohibited list of that payment provider;
- you (and any Site account that you created or control) have not been previously banned or removed from our Site for any reason; and
- you are not a convicted sex offender.
Export Control: You may not use, export, import, or transfer any part of our Site except as authorized by U.S. law, the laws of the jurisdiction in which you use or access our Site, or any other applicable laws. In particular, but without limitation, no part of our Site may be exported or re-exported: (i) into any country embargoed by the U.S.; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. By using our Site, you represent and warrant that: (x) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (y) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use our Site for any purpose prohibited by law. You acknowledge and agree that products, services, and technology provided by QuickTake are subject to the export control laws and regulations of the U.S. You will comply with those laws and regulations and will not, without prior U.S. government authorization, export, re-export, or transfer QuickTake products, services, or technology, either directly or indirectly, to any country in violation of those laws and regulations.
7. Fees and Payment
- Fees: The fee for a QuickTake Audio/Video or other offering is specified on the Talent User’s booking page on our Site when you make your request. You agree to pay all amounts due in accordance with the payment terms in effect when you submit your request or purchase merchandise.
- Currency: All transactions are in U.S. dollars (“USD”) unless otherwise specified at point of purchase.
- App for iOS: If a Talent User rejects your request for a QuickTake Audio/Video or the QuickTake Audio/Video is not provided, your QuickTake account will be issued a credit (in USD only) for the value of your purchase. The credit will be maintained in your account and may be redeemed only for purchases on the App for iOS. If, when you make a purchase while logged into your QuickTake account on the App for iOS, your account has a credit balance, the balance will be redeemed for that purchase (until fully redeemed) and you will be charged for any remaining portion of the price. Credit balances are not refundable, cannot be transferred, cannot be used outside of the App for iOS, and expire or extinguish immediately when redeemed. By making a purchase on the App for iOS, you represent that you are a resident of a country or territory in which payment in the local currency is supported by the App (as listed here). If you are a resident of a country or territory in which payment in the local currency is not supported by the App for iOS (or located in a country or territory in which payment in the local currency is not supported by the App for iOS), your purchase will not be permitted; however, if such purchase is permitted, QuickTake reserves the right to cancel your request and no refund will be issued. The countries and territories and respective local currencies supported by the App for iOS are determined by Apple and not by QuickTake and are subject to change at any time.
- Website and App for Android: By providing your payment information, you agree that QuickTake may place a pre-authorization hold and, after your request has been fulfilled, authorize the payment provider to immediately charge you for all amounts due and payable with no additional notice to or consent from you.
- In addition, if the offering permits (e.g., QuickTake Audio/Videos on quicktake.com), you may choose to designate an additional amount as a “tip” to the Talent User who fulfilled your request. You acknowledge that QuickTake does not mandate any such tip or gratuity; however, if you do choose to do so, the amount must be at least US $5.00. You agree to pay any amount you authorize as a tip for the Talent User; a tip is not refundable.
- QuickTake reserves the right (but is under no obligation) to cancel your QuickTake Audio/Video request if: (i) your payment method is declined; or (ii) you have previously been banned or removed from our Site for any reason. QuickTake also reserves the right at any time to change its fees and payment procedures, including its payment options and terms, either immediately upon posting on our Site or by other notice to you.
Payment Questions: If you have a question about a purchase made on the App or a charge to your payment card, please contact us at email@example.com. We have the sole discretion to determine how billing disputes between us will be resolved.
- You acknowledge and agree that each QuickTake Audio/Video or other offering from a Talent User is owned by the Talent User who created it.
- You hereby grant to us a non-exclusive, royalty-free, fully paid, unlimited, universal, sublicensable (through multiple tiers of sublicenses), perpetual, and irrevocable license, in any and all manner and media, whether now known or hereinafter invented or devised (including social media platforms), to use, reproduce, license, distribute, modify, adapt, reformat, publicly perform, publicly display, create derivative works of, and otherwise use the following for the purposes of operating and providing our Site, developing and improving our products and services, and advertising, marketing, and promoting our Site and our products and services: (i) any request (video, text, or otherwise) that you make or send to any Talent User, including information concerning any Recipient; and (ii) any submission that you make to QuickTake, whether through our Site, a social media platform, third party website, or otherwise, including a reaction video, idea, intellectual property, publicity rights, Feedback (defined below), review, photo, video, email, text, post, or other communication, whether relating to you, or a third party (i) and (ii) each, individually, and collectively, a “Submission”). You represent and warrant that you either: (x) own all rights to any Submission; or (y) have all rights necessary, including with respect to any third party that contributed to, is included in, or is referred to, in any Submission, to grant to us the foregoing rights. You will not make any Submission that is confidential or proprietary or that contains or includes any information that you do not have the right to disclose or that you or any Recipient do not wish to be disclosed. QuickTake will not be responsible or liable for any use or disclosure of a Submission, including any personal information belonging to you, a Recipient, or a third party.
- We may, for any reason, refuse to accept or transmit a Submission or refuse to remove a Submission from our Site. Further, we reserve the right to decide whether a Submission violates these Terms and may, at any time, without notice to you and in our sole discretion, remove your Submission, terminate your access to our Site, remove or ban you (and any Site account you created or control), or take other appropriate action in our sole discretion for violation of these Terms.
- QuickTake desires to avoid the possibility of future misunderstandings if a project developed by any QuickTake Party (as defined below) may seem similar to your Submission. If your Submission consists of any idea, suggestion, proposal, plan, or other material related to our business (individually, and collectively, “Feedback”), you acknowledge and agree that you are submitting that Feedback at your own risk and that QuickTake has no obligation (including no obligation of confidentiality or privacy) with respect to that Feedback, and you grant to QuickTake a non-exclusive, royalty-free, fully paid, unlimited, universal, sublicensable (through multiple tiers of sublicenses), perpetual, and irrevocable license, in any and all manner and media, whether now known or hereinafter invented or devised, to reproduce, license, distribute, modify, adapt, publicly perform, publicly display, create derivative works of (for example, translations, adaptations, or other changes), and otherwise use and exploit in any manner (including commercially), any and all Feedback.
- You hereby waive any and all moral rights or “droit moral” that you may have in any Submission, including Feedback, and you represent and warrant that no third party has any moral, “droit moral,” or other rights in Submission, including Feedback.
9. Copyright and Intellectual Property Policy
- Digital Millennium Copyright Act Notice: We respond to notices of alleged copyright infringement and terminate access to our Site for repeat infringers. If you believe that materials on our site infringe copyright, please send the following information to the Copyright Agent named below:
- your address, telephone number, and email address;
- a description of the work that you claim is being infringed;
- a description of the material that you claim is infringing and are requesting be removed along with information about where it is located;
- a statement that you have “a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.”;
- an electronic or physical signature of the copyright owner (or a person authorized to act for the copyright owner); and
- a statement by you, made under penalty of perjury, that the information you are providing is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
- Copyright Agent:
11 4th St NE
Minneapolis MN 55413
If you do not follow these requirements, your notice may not be valid. Please note, only notices of alleged copyright infringement should be sent to our Copyright Agent.
Termination Policy: If we determine that you are a repeat infringer, we may terminate your access to our Site, remove or ban you (and any Site account you created or control), and take other appropriate action in our sole discretion.
11. Third Party Content and Interactions
- Our Site may contain features and functionalities that link to or provide you with access to third party content, that is completely independent of QuickTake, including QuickTake Audio/Videos, websites, platforms, directories, servers, networks, systems, information, databases, applications, software, programs, products or services, and the Internet in general. Your interactions with third parties, including users and Talent Users, found on or through our Site are solely between you and the third party. You should make whatever investigation you feel necessary or appropriate before proceeding with any contact or interaction, in connection with our Site or otherwise. However, you agree not to contact or interact with any Talent User except as expressly permitted through our Site. You also agree that QuickTake may, in its sole discretion, intercede in any dispute and you will reasonably cooperate with QuickTake if it does so. You acknowledge and agree that we are not responsible or liable for any damages, losses, costs, expenses, or liabilities of any kind or nature incurred as the result of any such interaction. You hereby release each QuickTake Party (defined below) from claims, demands, and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes or our Site. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 (AND ANY OTHER SIMILAR APPLICABLE STATE STATUTE), WHICH PROVIDES: “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".
- From time to time, an entity may be identified on a Talent User’s booking page or be associated with the Talent User elsewhere on our Site as a charitable organization or a recipient of funds that are being raised (“Charity”). For example, the Talent User’s booking page may indicate that all or a portion of the Talent User’s revenue from a QuickTake Audio/Video will be given to the Charity. Those arrangements are strictly between the Talent User and the Charity. QuickTake is not a sponsor of, does not endorse, and is not affiliated with the Charity and is not a commercial co-venturer with respect to such arrangements (unless otherwise expressly stated in writing by QuickTake). Unless expressly stated, QuickTake does not control and makes no warranties about the Charity or any donation to the Charity.
13. Changes to our Site
You acknowledge and agree we may change or discontinue any aspect of our Site at any time, without notice to you.
14. Termination and Reservation of Rights
You may cancel your Site account at any time by contacting a member of the QuickTake team at firstname.lastname@example.org. We reserve the right to terminate access to our Site to any person, including you, at any time, for any reason, in our sole discretion. If you violate any of these Terms, your permission to use our Site automatically terminates.
You agree to indemnify, defend, and hold harmless QuickTake and its parents, subsidiaries, affiliates, officers, employees, directors, shareholders, agents, partners, vendors, and licensors (each, a “QuickTake Party,” and collectively, “QuickTake Parties”) from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including reasonable attorneys’ fees and costs) of any kind or nature arising from, out of, in connection with, or relating to: (a) these Terms; or (b) use of our Site. QuickTake may select counsel for and control the defense of any claim that you are indemnifying. You will reasonably cooperate with us in connection with any claim.
16. Disclaimers and Limitations on our Liability
- You acknowledge and agree that your use of our Site is at your own risk and that our Site is provided on an “as is” and “as available” basis. To the extent permitted by applicable law, the QuickTake Parties disclaim all warranties, conditions, and representations of any kind, whether express, implied, statutory, or otherwise, including those related to merchantability, fitness for a particular purpose, non-infringement, and arising out of course of dealing or usage of trade.
- In particular, the QuickTake Parties make no representations or warranties about the accuracy or completeness of content available on or through our Site or the content of any social media platform or third party website linked to or integrated with our Site. You acknowledge and agree that the QuickTake Parties will have no liability for any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury, property damage, or other harm resulting from your access to or use of our Site; (iii) any unauthorized access to or use of our servers, any personal information, or user data; (iv) any interruption of transmission to or from our Site; (v) any bugs, viruses, trojan horses, or the like that may be transmitted on or through our Site; or (vi) any damages, losses, costs, expenses, or liabilities of any kind incurred as a result of any content posted or shared through our Site.
- You acknowledge and agree that any material or information downloaded or otherwise obtained through our Site, including any QuickTake Audio/Video, is done at your own risk and that you will be solely responsible for any damages, losses, costs, expenses, or liabilities arising from or in connection with doing so. No advice or information, whether oral or written, obtained by you from us or through our Site, including through a QuickTake Audio/Video, will create any warranty not expressly made by us.
- You acknowledge and agree that when using our Site, you will be exposed to content from a variety of sources, and that QuickTake is not responsible for the accuracy, usefulness, safety, legality, or intellectual property rights of or relating to any such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, objectionable, or harassing, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against any QuickTake Party with respect thereto.
- To the fullest extent permitted by applicable law, you acknowledge and agree that in no event will any QuickTake Party be liable to you or to any third party for any indirect, special, incidental, punitive, or consequential damages (including for loss of profits, revenue, or data) or for the cost of obtaining substitute products, arising out of or in connection with these Terms, however caused, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability, or otherwise, and whether or not QuickTake has been advised of the possibility of such damages.
- To the maximum extent permitted by applicable law, our total cumulative liability to you or any third party under these Terms, including from all causes of action and all theories of liability, will be limited to and will not exceed the fees actually received by QuickTake from you during the 12 months preceding the claim giving rise to such liability.
- Certain jurisdictions do not allow the exclusion or limitation of certain damages. If those laws apply to you, some or all of the above exclusions or limitations may not apply to you, and you might have additional rights.
- You agree that the limitations of damages set forth above are fundamental elements of the basis of the bargain between QuickTake and you.
17. Arbitration Agreement and Waiver of Certain Rights
- Arbitration: You and QuickTake agree to resolve any disputes between you and QuickTake through binding and final arbitration instead of through court proceedings. You and QuickTake each hereby waive any right to a jury trial of any controversy, claim, counterclaim, or other dispute arising between you and QuickTake relating to these Terms or our Site (each a “Claim,” and collectively, “Claims”). Any Claim will be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision will be in writing, will include the arbitrator’s reasons for the decision, will be final and binding upon the parties, and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including any pleadings, briefs, or other documents submitted or exchanged, any testimony or other oral submissions, and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
- Costs and Fees: If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, QuickTake will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
- No Preclusions: This arbitration agreement does not preclude you or QuickTake from seeking action by federal, state, or local government agencies. You and QuickTake each also have the right to bring any qualifying Claim in small claims court. In addition, you and QuickTake each retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request will not be deemed to be either incompatible with these Terms or a waiver of the right to have disputes submitted to arbitration as provided in these Terms.
- No Class Representative or Private Attorney General: You and QuickTake each agree that with respect to any Claim, neither may: (i) act as a class representative or private attorney general, or (ii) participate as a member of a class of claimants. You agree that no Claim may be arbitrated on a class or representative basis. The arbitrator can decide only individual Claims (whether brought by you or QuickTake). The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
- Severability/No Waiver/Survival: If any provision of this Section 17 is found to be invalid or unenforceable, that provision will be deemed appropriately modified to give effect to the intent of the provision or, if modification is not possible, will be severed and the remainder of this Section 17 will continue in full force and effect. No waiver of any provision of this Section 17 will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver will not waive or affect any other provision of these Terms. This Section 17 will survive the termination of your relationship with QuickTake.
- 30-Day Opt-Out Right: You have the right to opt out of the provisions of this Arbitration Agreement by sending, within 30 days after first becoming subject to this Arbitration Agreement, written notice of your decision to opt out to the following address: QuickTake, 11 4th St NE, Minneapolis MN 55413. Your notice must include your name and address, any usernames, each email address you have used to submit your QuickTake Audio/Video requests or set up an account on our Site (if applicable), and an unequivocal statement that you want to opt out of this Arbitration Agreement. You agree that if you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
LIMITATIONS: This Section 17 limits certain rights, including the right to maintain certain court actions, the right to a jury trial, the right to participate in any form of class or representative claim, the right to engage in discovery except as provided in AAA rules, and the right to certain remedies and forms of relief. In addition, other rights that you or QuickTake would have in court may not be available in arbitration.
18. Other Provisions
- Force Majeure: Under no circumstances will any QuickTake Party be liable for any delay or failure in performance due in whole or in part to any acts of God (such as earthquakes, storms, floods, etc.), unavoidable accidents, laws, rules, regulations or orders of government authorities, acts of war (declared or not), terrorism, hostilities, blockades, civil disturbances, embargoes, strikes, or any other event or cause beyond the reasonable control of any QuickTake Party.
- Choice of Law and Jurisdiction: These Terms will be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any conflict of laws rules or provisions. You agree that any action of whatever nature arising from or relating to these Terms or our Site will be filed only in the state or federal courts located in Chicago, Illinois. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.
- Severability: If any provision of these Terms is found to be invalid or unenforceable, that provision will be deemed appropriately modified to give effect to the intent of the provision or, if modification is not possible, will be severed from these Terms and will not affect the enforceability of any other provision.
- No Waiver or Amendment: The failure by QuickTake to enforce any right or provision of these Terms will not prevent QuickTake from enforcing such right or provision in the future and will not be deemed to modify these Terms.
- Assignment: QuickTake may, at any time, assign its rights and obligations under these Terms, including to an affiliated entity or in connection with a sale of assets, merger, acquisition, reorganization, bankruptcy, other transaction, or by operation of law.
Miscellaneous: The term “including” in these Terms will be interpreted broadly and will mean “including, without limitation.” Titles are for convenience only and will not be considered when interpreting these Terms.
19. Changes to these Terms
We may change these Terms. If we do, we will post the revised Terms on our Site and update the “Last Updated” date at the top of these Terms. The revised Terms will be effective immediately if you accept them (for example, by agreeing when you create an account or login to an existing account, or using or continuing to use our Site after the revised Terms have been posted); otherwise, they will be effective 30 days after posting.