TERMS OF SERVICE

Important: These Terms require all disputes between us to go through binding arbitration instead of government court. That means you waive any right to have disputes decided (1) by a judge or jury and (2) in class or representative actions. You can opt-out of arbitration for thirty (30) days after you agree to these Terms. To opt-out, see Opt-Out under Dispute Resolution below.

We provide brief summaries at the beginning of each section to make it easier for you to read and understand this agreement.  The summaries do not replace the text of each section, and you should still read each section in its entirety.

1. Introduction

This is a contract between you and us.  You can contact us if you have any questions or concerns.  If you do not understand or agree to these Terms, don’t use the Platform.

The Agreement: By accessing or using our Platform, you agree to be bound by these Terms of Service (“Terms”) and our Privacy Policy, Acceptable Use Policy and Copyright Policy (together, the “Agreement”).  

It’s important that you read this Agreement and these policies carefully before you accept them.  This Agreement governs your use of the online platform and other products and services made available by Quinn Inc. (which we call the “Platform”).  The Platform includes tryquinn.com and the Quinn mobile app (the “App”).

Updates: These Terms are effective as of the Last Update noted above.  We will update these Terms as the Platform changes by posting the updated version and refreshing the Last Update.  

If we make significant changes, we’ll do our best to notify you, such as by emailing you at your Account’s current address and/or by placing a prominent notice on the login or homepage of the Platform.  But it’s your sole responsibility to review these Terms from time to time to view any such changes.  

By using or accessing the Platform after the Last Updated date, you accept the current Terms.  If you have a Subscription, the current Terms will apply beginning in the first Period that begins after the Last Updated date.  If you do not accept the current Terms, you must stop accessing or using the Platform immediately, or when your current Subscription period ends.

1. Contact Us: You may contact us regarding the Platform or these Terms at support@tryquinn.com or by mail to Quinn, Inc., 751 18th Street #B, Santa Monica, CA 90402, Attn: Legal Department.

2. Eligibility; Your Responsibilities

You must be 18 or older to use Quinn.  By using the Platform, you represent and warrant that you are 18 or older and otherwise comply with these restrictions.

1. In these Terms, “you” and “your” means you as the user of the Platform.

1. You must be 18 or older to use the Platform, or otherwise of legal age to form a binding contract in your jurisdiction.  If you are under the age of 18: sorry, but please leave the Platform.

2. If you use the Platform on behalf of a company, then “you” includes you and that entity, and you represent and warrant that (a) you are authorized to bind the company to these Terms, and (b) you agree to these Terms on the company’s behalf.

2. You are responsible for all your activity in connection with the Platform.  This includes the accuracy of information you provide through the Platform, the choice to purchase a Subscription, and any content you send through the Platform.  Most importantly, you represent and warrant that you will not use the Platform that in any way violates applicable law, Third Party Terms or our Acceptable Use Policy.

3. Other Applicable Terms

Our policies and certain third-party terms when you use the Platform.

3. Our Policies.  These policies and terms also form part of the Agreement between us:

1. Our Privacy Policy describes how we collect and process your personal information when you use the Platform.  

2. Our Copyright Policy; and

3. Our Acceptable Use Policy.

4. Outside Terms and Materials.  The Platform may display, include or make available content, data, information, functionality or materials from third parties (“Outside Materials”) or provide links to certain third party websites.  Outside Materials may be subject to third-party terms provided by the third party (“Outside Terms”), as indicated where such Outside Materials appear on the Platform.  By using the Platform, you acknowledge and agree that we are not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Outside Materials or the terms and conditions of Outside Terms.  We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any Outside Materials.  

4. Accounts

1. Creating and Safeguarding your Account.  To listen to or subscribe to Our Content, you need to create an account (“Account”).  You agree to provide us with accurate, complete and updated information for your Account.  You are solely responsible for activity on your Account and for maintaining the confidentiality and security of your password.  We are not liable for any acts or omissions by you in connection with your Account.  Contact us immediately if you know or suspect that your Account credentials have been stolen, misappropriated or otherwise compromised.

2. Managing and Deleting your Account.  As of the Last Update, you can manage, update or delete your Account at any time by:

1. In the App: tap on the profile icon on the top-left corner of the main page, then tap the three dots on the top-right and select ‘Settings’.  Follow the instructions to update, manage or delete your Account.  If your Account was created on tryquinn.com, you may need to log in to tryquinn.com to take certain Account actions.

2. On tryquinn.com: logging in and clicking on your profile icon on the upper-right corner.  On the Account Overview page, you can update your personal information.  To delete, click ‘Delete Account’ at the bottom and follow the instructions.

If you bought a Subscription or make any other recurring purchase through an External Account, you will need to cancel through your External Account (like the Apple App Store or Google Play) to avoid additional billing.

3. Suspension and Termination. We reserve the right to suspend, disable, or delete your Account and/or the Platform (or any part of the foregoing) with or without notice, for any reason or no reason at all.  We may investigate and take any action we deem appropriate if we believe that you have violated these Terms, misused our Platform, or behaved in a way that we regard as inappropriate or unlawful, on or off our Platform.  If you breach any of the provisions of these Terms, all licenses granted by us will terminate automatically.  

4. Terms Survive.  If your Account is deleted or terminated by you or by us for any reason, these Terms continue and remain enforceable between you and us, and you will not be entitled to any refund for purchases made.  Termination will not limit any of our other rights or remedies at law or in equity.  Your information will be maintained and deleted in accordance with our Privacy Policy.  We may, but are not obligated to, delete any of Your Content.  You agree that that we are not liable for the deletion or failure to delete any of Your Content.

5. Subscriptions, Other Products and Payment

You can buy a Subscription to our paid content through us or an App Store.  Subscriptions automatically renew until you cancel.  Other purchases may only be available from us.

5. General.  We offer great subscription options and may also sell standalone access to certain content.  Our paid content is available through subscriptions of various durations (“Subscriptions”) or as a-la-carte purchases (all paid services purchases, “Products”).  

Some Products are available through your device’s native app store or another third-party provider (collectively, “App Stores”).  See App Store Purchases for terms that apply to Products bought through an App Store.  See Purchases on the Platform for terms that apply when you buy Products from us.

6. Subscriptions.  

1. Duration.  Our Subscriptions are continuous.  Subscriptions begin the date you first purchase a Subscription and renew on a recurring basis (each, a “Period”) for periods of the same duration as your initial Subscription period, until canceled.  However, we may choose to discontinue your Subscription if you violate the Agreement or for any other reason.

2. Pricing changes.  We reserve the right to change the cost of our Subscriptions and other Products at any time.  We will notify you at least fifteen (15) days before any change in cost takes effect, and no change will apply during your current Subscription period.  

7. Special Offerings.  We may periodically offer one-time, a-la-carte Products.  We do not guarantee the ongoing availability of any Product.  If we discontinue a Product, we may also discontinue the functionality or features it supported or enabled, whether or not the Product has been used or depleted.  

1. Roses.  Roses are a virtual tipping Product that allow you to express thanks for content or creators on the Platform.  We may offer Roses individually or in packs, as presented to you at the time of offer.  You may give Roses on supported areas of the Platform, and you may choose to accompany a comment with a Rose.  When you give a Rose, the applicable creator will receive the monetary value of your Rose, less any App Store or Payment Processor fees and a 20% fee to Quinn, if they have enrolled in the Rose program.  

Roses confer no other benefits or rights.  Creators may have the ability to delete or hide Roses, and the Platform may reduce or limit the visibility of Roses.  The visibility of a Rose does not affect the Creator’s  eligibility to redeem the Rose’s value.  Like all Products, Roses are nontransferable and have no cash value. See Refunds for more.

1. Purchases from Quinn.  

1. Payments.  You agree to pay us, at the time of your Product purchase (including at the beginning of each Subscription Period).  You must complete payment for your Products through our third-party payments provider (“Payment Processor”).  You will ensure that a valid and current payment method is available for payment of any recurring Subscription fees.  We will suspend or cancel your Subscription if our Payment Processor is unable to process payment using your existing payment information.  You are responsible for ensuring that your billing information provided to us is accurate.

2. Taxes.  Products may be priced to add or include applicable local taxes (such as sales taxes or VAT), as presented to you at the time of your Product or Subscription offer.

3. No Refunds.  Except as provided under Refunds below, all Products are nonrefundable and there are no credits for partially used Subscription Periods or Products.  

4. Cancellation.  To cancel a Subscription bought through Quinn’s Platform (as opposed to through an App Store), follow the instructions under Managing and Deleting Your Account to locate and manage your Subscription.  You may also contact us to cancel a Subscription.  Following any cancellation, your Subscription access will contain until the end of your current Period.

5. Billing Issues and Support.  Notify us of any billing problems or issues as soon as you become aware of them.  We will make every effort to assist you with any billing questions – just contact us.  

2. App Store Purchases

Subscriptions and other Products purchased through an App Store must be managed through your account with that App Store.  Subscriptions automatically renew until you cancel.

If you subscribe or buy Products through an App Store, such as with your Apple ID or Google Play account (your “External Account”), your External Account will be charged for the purchase in accordance with the terms disclosed to you at the time of purchase and the general terms applicable to your External Account.  Some App Stores may charge you sales tax, depending on where you live, which may change from time to time.

If your App Store purchase includes an automatically renewing Subscription, your External Account will continue to be periodically charged for the Subscription until you cancel.  

Cancellation: If you do not want your Subscription to renew automatically, or if you want to change or terminate your Subscription, you must log in to your External Account and follow instructions to manage or cancel your Subscription, even if you have otherwise deleted your Account with us or if you have deleted the App from your device.  

• For example, if you subscribed using your Apple ID, reminders and cancellation are handled by Apple.  To cancel a purchase made with your Apple ID, open the App Store app on an iOS device, tap on your profile icon, and choose ‘Subscriptions.’  Find your Subscription and follow the instructions to cancel.  You can also request assistance at https://getsupport.apple.com.  
• Similarly, if you subscribed on Google Play, reminders and cancellation are handled by Google.  To cancel a purchase made through Google Play, launch the Google Play app, navigate to your purchases. Find your Subscription and follow the instructions to cancel.  You can also request assistance at https://play.google.com.  

If you cancel a Subscription, you may continue to use the canceled service until the end of your then-current Period.  The Subscription will not renew when your then-current term expires.

If you initiate a chargeback or otherwise reverse a payment made with your External Account, we may terminate your Account with us immediately, in our sole discretion.  

6. Promotional Codes.  We may offer certain promotional, referral, discount, and coupon codes or similar offers (“Promos”) that may be redeemed for discounts on future Products or other features related to the Platform, subject to any additional terms that we establish.  You agree that Promos: (a) must be used in a lawful manner; (b) must be used for the intended audience and purpose; (c) may not be duplicated, sold or transferred in any manner, or made available by you to the general public (whether posted to a public forum, coupon collecting service, or otherwise), unless expressly permitted by us; (d) may be disabled or have additional conditions applied to them by us at any time for any reason; (e) may only be used pursuant to the specific terms that we establish; (f) are not valid for cash or other credits or points; and (g) may expire prior to your use.  

7. Free and Discounted Trials.   We may offer you a free or discounted trial Subscription for a limited period of time.  The specific terms of your free or discounted period will be provided at offer registration.  At the end of the free or discounted period, the Platform will automatically begin billing your payment method on a recurring basis for your Subscription at the price disclosed at offer registration (plus any applicable taxes and other charges).  If your free trial is purchased through the Platform, we will notify you of upcoming Subscription conversion to the extent required by applicable law based on your billing location.  See Cancellation above for help with canceling a free trial.  Please note that you may not receive a notice from us that your free trial is ending or that the paid portion of your Subscription has begun.  We reserve the right to modify or terminate the availability of free or discounted trials at any time, without notice, in our sole discretion.

8. Refunds.  Generally, all purchases are final and nonrefundable, and there are no refunds or credits for partially used Subscription periods or Products, unless applicable law in your jurisdiction provides for refunds.  All Products are non-transferable and have no cash values.

1. For subscribers residing in the EU, EEA, UK, and Switzerland:  In accordance with local law, you are entitled to a full refund during the 14 days after the Subscription begins.  This 14-day period commences when the Subscription starts.

2. Please contact us if you believe that applicable law in your jurisdiction entitles you to a refund.

9. Gift Cards.  Tangible and/or digital gift cards containing stored money value may be offered by us for certain purchases on the Platform (“Gift Cards”).  You acknowledge that We make no warranties with respect to your Gift Card balance, and we’re not responsible for any unauthorized use, alteration, theft, or destruction of a Gift Card or Gift Card code that results from any action by you or a third party.  You also acknowledge that we may suspend or prohibit use of your Gift Card if your Gift Card or Gift Card code has been reported lost or stolen, or if we believe your Gift Card balance is being used suspiciously, fraudulently, or in an otherwise unauthorized manner.  If your Gift Card code stops working, your only remedy is for us to issue you a replacement Gift Card code.  By purchasing a Gift Card, you represent and warrant to us that use of the Gift Card will comply with these Terms and all applicable laws, rules and regulations, and the Gift Card will not be used in any manner that is misleading, deceptive, unfair or otherwise harmful to consumers.  Gift Cards cannot be used to purchase other gift cards, reloaded, resold, used for payment outside of the Platform, used for unauthorized marketing, sweepstakes, advertising, or other promotional purposes, redeemed for more than face value, transferred for value, redeemed for cash, or returned for a cash refund (except to the extent required by law).  Gift Cards do not expire, and we will not assess a service fee or dormancy fee with respect to a Gift Card.

6. Content

1. General

While using our Platform, you will have access to: (i) content that you upload or provide while using our Platform (“Your Content”); (ii) content that other users upload or provide while using our Platform (“User Content”); and (iii) content that we provide on and through our Platform (“Our Content”).  

In this agreement, “content” includes, without limitation, all text, images, video, audio, or other material on our Platform, including information on users’ profiles.  Our Copyright Policy explains how we handle copyright matters and how to notify us of any copyright disputes.  

2. Your Content

You are responsible for Your Content.  Don’t share anything that you wouldn’t want others to see, that would violate this Agreement, or that may expose you or us to legal liability.

You are solely responsible and liable for Your Content, and, therefore, you agree to indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content.

You represent and warrant to us that the information you provide to us or any other user is accurate, including any information submitted through Google, Facebook or any other social login (if applicable), and that you will update your account information as necessary to ensure its accuracy.
If you choose to reveal any personal information about yourself to other users, you do so at your own risk.  We encourage you to use caution in disclosing any personal information online.

You acknowledge and agree that Your Content may be viewed by other users, and, notwithstanding these Terms, other users may share Your Content with third parties.  By uploading Your Content, you represent and warrant to us that you have all necessary rights and licenses to do so and automatically grant us a license to use Your Content in connection with the Platform for so long as Your Content remains in or associated with your Account.

You understand and agree that we may monitor or review Your Content, and we have the right to remove, delete, edit, limit, or block or prevent access to any of Your Content at any time in our sole discretion.  Furthermore, you understand and agree that we have no obligation to display or review Your Content.

3.  User Content

You will have access to User Content—but it is not yours, and you may not copy or use User Content for any purpose except as contemplated by these Terms.

Other users will also share content on our Platform.  User Content belongs to the user who posted the content and is stored on our servers and displayed at the direction of that user.

You do not have any rights in relation to User Content, and, unless expressly authorized by us, you may only use User Content to the extent that your use is consistent with this Agreement, including our Acceptable Use Policy.  You may not copy User Content or use User Content for commercial purposes, to spam, to harass, or to make unlawful threats.  We reserve the right to terminate your account if you misuse User Content.

4.  Our Content

We own all other content on our Platform.

5. Ownership.  Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, images, and other intellectual property appearing on our Platform is owned, controlled or licensed by us and protected by copyright, trademark and other intellectual property law rights.  All rights, title, and interest in and to Our Content remains with us at all times.  We grant you a limited license to access and use Our Content as provided under Your License below, and we reserve all other rights.

6. Your License

For as long as you comply with these Terms, we grant you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use our Platform for purposes as intended by us and permitted by these Terms and applicable laws.  This license and any authorization to access the Platform are automatically revoked in the event that you fail to comply with these Terms.

7. Disclaimers, Limits On Liability & Indemnification

Our Platform is provided “as is.”  We do not make, and cannot make, any representations about the content or features of our Platform.

7. Warranties.

1. Except as provided in these Terms, the Platform and all content are provided “as is” without warranty of any kind.  To the fullest extent permitted by law, we disclaim all warranties, whether express or implied, including the warranties of merchantability, title, non-infringement of third parties’ rights, or fitness for a particular purpose.

2. Use of the Platform or the transmission of messages through the Platform is done at your own discretion and risk.  No advice or information, whether oral or written, obtained by you from us or through the Platform shall create any warranty not expressly stated in these Terms.

3. Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you.  To the extent permissible, any implied warranties that cannot be excluded are limited to ninety (90) days, or such longer period as applicable law requires.

8. Limitations of Liability.  Except for the indemnity obligations stated below, to the fullest extent allowed by applicable law, under no circumstances and under no legal theory will either of us be liable to the other with respect to the subject matter of this Agreement for:

1. Any indirect, special, incidental, or consequential damages of any kind, or

2. Any amount, in the aggregate, exceeding the greater of (1) $100 or (2) the amounts paid and/or payable by you to us for Products in the three-month period preceding the applicable claim. 

9. Indemnification.  To the fullest extent allowed by applicable law, you agree to indemnify and hold harmless Quinn Inc., its affiliates, officers, agents, employees, and partners from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (i) your use of the Platform (including any actions taken by a third party using your access to Subscriptions), and/or (ii) your violation of this Agreement or of law.  In the event of such a claim, suit, or action, we will notify you using the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

8. Dispute Resolution

In the event of a dispute, you and Quinn agree to try to resolve it informally first.  If we can’t resolve it in 60 days, we agree to arbitrate the claim, instead of going to court.  You may opt-out of arbitration within 30 days of agreeing to this Agreement, as described below.

0. You agree to resolve disputes with Quinn through binding arbitration, except as described in this Dispute Resolution section (the “Arbitration Clause”).  In arbitration, procedures are more streamlined than in court, and discovery is more limited.  There is no jury, and courts have limited authority to review the result.  The parties expressly waive the right to bring or participate in any kind of class, collective, or mass action, private attorney general action, or any other representative action.  Substantially similar disputes may, however, be administrated in arbitration under the Batch Process, which allows you to keep your chosen counsel.  
1. You may opt-out of arbitration under ‘Opt-Out’ below within thirty (30) days of first accepting these Terms.

4. Covered Disputes.  You and Quinn agree that any dispute or claim between you and Quinn arising out of or relating to this Agreement or the Services (a “Dispute”) will be resolved by binding arbitration, rather than in court.  A Dispute includes any claim or dispute relating to the Services, access and use of the Services, your Account, or any aspects of your relationship or transactions with Quinn.  A Dispute also includes any claims or disputes that arose from or involve facts that occurred before the effectiveness of this Agreement and claims that may arise after its termination.  For clarity, nothing in this Arbitration Clause prevents either party from settling any Dispute(s) on a class-wide, batch-wide or other multiparty basis.
5. Exceptions to Arbitration.  This Arbitration Clause does not require arbitration of the following types of claims brought by either you or Quinn:

• small claims court actions, if the requirements of the court are met and the claims are only on an individual basis; and
• claims pertaining to intellectual property rights, including trademarks, trade dress, domain names, trade secrets, copyrights and patents.

6. Informal Dispute Resolution First.  Like you, we want to resolve Disputes without resorting to arbitration.  If you have a Dispute with us, before initiating arbitration, you agree to send an individualized request (“Pre-Arbitration Demand”) to dispute@tryquinn.com so that we can work together to resolve the Dispute.  

• A Pre-Arbitration Demand is only valid when it pertains to, and is on behalf of, a single individual.  A Pre-Arbitration Demand brought on behalf of multiple individuals is invalid as to all.  
• The Pre-Arbitration Demand must include: (i) your name, telephone number, mailing address, and email address associated with your account; (ii) the name, telephone number, mailing address and email address of your counsel, if any; (iii) a description of your Dispute; and (iv) your signature.  
• Likewise, if Quinn has a Dispute with you, Quinn will send an email with its individualized Pre-Arbitration Demand, including the requirements listed above, to the email address associated with your Account.  
• If the Dispute is not resolved within sixty (60) calendar days of when either you or Quinn submitted a Pre-Arbitration Demand, an arbitration can be brought.  

7. This ‘Informal Dispute Resolution First’ section is a condition precedent to commencing arbitration.  The arbitrator will dismiss any arbitration filed without fully and completely complying with these informal dispute resolution procedures.
8. This ‘Informal Dispute Resolution First’ section does not apply to claims brought under any Exceptions to Arbitration.  
9. 18-Month Filing Deadline.  To the extent permitted by applicable Law, and notwithstanding any other statute of limitations, any claim or cause of action under this Arbitration Clause (with the exception of disputes under Exceptions to Arbitration for claims pertaining to intellectual property rights including trademarks, trade dress, domain names, trade secrets, copyrights and patents), must be filed within eighteen (18) months after such claim or cause of action arose.  Otherwise, that claim or cause of action will be permanently barred.  The statute of limitations and any arbitration cost deadlines remain tolled during the required informal process under Informal Dispute Resolution First above.
10. Opt-Out.  You may reject this Arbitration Clause and opt out of arbitration by sending an email to opt-out@tryquinn.com within thirty (30) calendar days of first accepting these Terms.  If you have an Account,  your opt-out notice must be sent from the email address associated with your Account.  No one may opt-out another person.  Your notice to opt-out must include your first and last name, address, the email address associated with your Account (if you have an Account), and a clear statement that you decline this Arbitration Clause.
11. Arbitration Procedure.  If, after completing the ‘Informal Dispute Resolution First’ process, either you or Quinn wishes to initiate arbitration, the initiating party must serve the other party with a demand for arbitration.  Any demand for arbitration by you will be sent to the Quinn address in ‘Informal Dispute Resolution First‘. Quinn will send any arbitration demand to the email address associated with your Account or to your counsel, if any.  You and Quinn agree that the Federal Arbitration Act (“FAA”) governs this Arbitration Clause.  If the FAA cannot apply, then the state laws governing arbitration procedures where you reside apply.
12. The arbitration will be administered by National Arbitration and Mediation (“NAM”) under its operative:

• Comprehensive Dispute Resolution Rules and Procedures, and
• where applicable, its Mass Filing Supplemental Rules for Mass Filings, in each case as available at https://www.namadr.com/resources/rules-fees-forms.

13. This Arbitration Clause will govern to the extent it conflicts with the arbitration provider’s rules.  

• If the applicable arbitration provider is not available to arbitrate, the parties will select an alternative arbitration provider.  If the parties cannot agree on an appropriate alternative, the parties will ask a court of competent jurisdiction to appoint an arbitrator pursuant to 9 U.S.C. § 5. To the extent there is a dispute over which arbitration provider has jurisdiction, a NAM arbitrator will be appointed to resolve that dispute.

14. Arbitration hearings will take place through videoconferencing, unless you and Quinn agree upon another location in writing.  A single arbitrator will be appointed.  

1. Arbitration Costs & Scope.  

• Costs.  Except as provided for in a Mass Filing under ‘Batch Process‘ below, your responsibility to pay any filing, administrative, and arbitrator costs will be solely as set forth in the applicable arbitration provider’s rules.  
• Scope.  The arbitrator may award damages, declaratory or injunctive relief, and recoverable costs.  Any arbitration award may be enforced (such as through a judgment) in any court with jurisdiction over the dispute.  An arbitration award will have no preclusive effect in another arbitration or court proceeding involving Quinn and a different individual.  The arbitrator will have the exclusive authority to resolve all threshold arbitrability issues, including whether this Arbitration Clause is applicable, unconscionable, or enforceable, as well as any defenses to arbitration.  However, a court has exclusive authority to rule on the waiver under ‘Class Action Waiver’, including any claim that the section is unenforceable, illegal, void or voidable, or that it has been breached.

• If a request to proceed in small claims court (under ‘Exceptions to Arbitration’), is made after an arbitration has been initiated, but before an arbitrator has been appointed, such arbitration will be administratively closed.  Any controversy over the small claims court’s jurisdiction will be determined by the small claims court.  

16. Jury Trial Waiver.  You and Quinn agree to waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or a jury.  You and Quinn are instead electing that all Disputes will be resolved by arbitration under this Arbitration Clause, except as specified under ‘Exceptions to Arbitration’ above.  Court review of an arbitration award is subject to very limited review.  Discovery may be limited in arbitration, and procedures are more streamlined than in court.
17. Class Action Waiver.  You and Quinn agree that, except as specified under ‘Batch Process’ below, each of us may bring claims against the other only on an individual basis and not on a class, collective, representative, or mass action basis.  

• The parties agree to waive all rights to have any Dispute be brought, heard, administered, resolved, or arbitrated on a class, collective, representative, or mass action basis.  
• Subject to this Arbitration Clause, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief to the party’s individual claim.  
• Notwithstanding anything to the contrary in this Arbitration Clause, if a court decides, in a final nonappealable decision, that the limitations of this Class Action Waiver section are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Quinn agree that that particular claim or request for relief (and only that particular claim or request for relief) will be severed from the arbitration and will be pursued in the courts specified in the ‘Governing Law; Forum‘ section.  

18. Batch Process.  To increase the efficiency of administration and resolution of arbitrations, you and Quinn agree that if 25 or more arbitration demands of a substantially similar nature, are filed within a 180 day period (“Mass Filing”):

• to administer the Mass Filing in batches of 25 demands per batch (or less, if fewer than 25 remain) (“Batches”), with only one Batch filed, processed, and adjudicated at a time;
• to designate one arbitrator for each Batch;
• to accept applicable fees, including any related fee reduction determined by NAM in its discretion;
• that no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior Batch is filed, processed, and adjudicated;
• that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by Quinn and the claimants, will only be due after your demand for arbitration is included in a Batch that is properly designated for filing, processing, and adjudication; and
• that the Batch process will continue until each demand (including your demand) is adjudicated or otherwise resolved.  

• Substantially similar nature.  All parties agree that arbitration demands are of a “substantially similar nature” if they relate to the same event or factual scenario, raise the same or similar legal issues and seek similar relief.  
• Tolling.  Any statutes of limitation, including the requirement to file within eighteen (18) months at ‘18-Month Filing Deadline’ below, will remain tolled while any arbitration demands are held in abeyance.  While the Batches are adjudicated, no other demand for arbitration that is part of the Mass Filing may be processed, administrated, or adjudicated, and no filing or other administrative costs for such a demand for arbitration will be due from either party to the arbitration provider.  
• Speed.  The parties will work in good faith with the arbitrator to complete each Batch within 120 calendar days of its initial pre-hearing conference.  The parties agree that the batch process is designed to achieve an overall faster, more efficient, and less costly mechanism for resolving Mass Filings.

• If, contrary to this provision, a party prematurely files an arbitration demand, the parties agree that the arbitration provider must hold those demands in abeyance.

• Mass Filing Administration.  Any party may request that the arbitration provider appoint a sole standing administrative arbitrator (“Administrative Arbitrator”) to determine threshold questions such as (1) whether the Batch Process is applicable or enforceable, (2) whether particular demand(s) are part of a Mass Filing, and (3) whether demands within a Mass Filing were filed in accordance with this Arbitration Clause, including the ‘Informal Dispute Resolution First’ section above.  

• To expedite the Administrative Arbitrator’s resolution, the parties agree that the Administrative Arbitrator may provide and use any procedures necessary to resolve the dispute promptly.  Quinn will pay the Administrative Arbitrator’s costs.

• This Batch Process provision will in no way be interpreted as increasing the number of claims necessary to trigger the applicability of NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures, or authorizing class arbitration of any kind.  Unless Quinn otherwise consents in writing, Quinn does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in this ‘Batch Process‘ section.

19. Settlement.  At least ten (10) days before the date of your arbitration hearing, you or Quinn may serve a written offer of judgment upon the other party to allow judgment on specified terms.  No offer can serve as evidence in the arbitration.  
20. If the offer is accepted, the offer with proof of acceptance will be submitted to the arbitration provider, who will enter judgment accordingly.  If the offer is not accepted before the earlier of (i) the arbitration hearing or (ii) thirty (30) calendar days after it is made, it will be deemed withdrawn.  
21. If an offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party will not recover their post-offer costs and will pay the offering party’s costs from the time of the offer.

• The parties agree that any disputes with respect to settlement offer(s) or offer(s) of judgment in a Mass Filing are to be resolved by a single arbitrator to the extent such offers contain the same material terms.  For arbitrations involving represented parties, the represented parties’ attorneys agree to communicate individual offer(s) of judgment to each and every arbitration claimant or respondent to whom such offers are extended.

22. Severability.  Except as provided under ‘Class Action Waiver‘ above, if any provision of this Arbitration Clause is found to be illegal or unenforceable, then that provision will be severed.  The remaining provisions will still apply and will be interpreted to achieve the closest possible intent to the original intent of this section, inclusive of the severed provision.

9. Additional Provisions

1. Feedback.  Any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Feedback”) you send us are our exclusive property.  By submitting Feedback, you assign any and all intellectual property rights in the Feedback to us.  

2. Injunctive Relief.  You agree that a breach of these Terms will cause irreparable injury to us for which monetary damages would not be an adequate remedy and we shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.

3. Modifications of Platform.  We may change or discontinue any aspect, service or feature of the Platform at any time, in our sole discretion.

4. Choice of Law.  These Terms are governed by and construed in accordance with the laws of the State of California, without resort to its conflict of law provisions.  Subject to the Dispute Resolution section,  you and we agree to only bring Claims in the state and federal courts located in Los Angeles, California.  You and we agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms. 

5. No Third-Party Beneficiaries.  The parties agree there are no third-party beneficiaries intended under this Agreement.

6. Waiver.  The failure of either party to exercise, in any way, any right herein does not waive any further rights hereunder.  

7. Severability.  If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that this Agreement shall otherwise remain in full force and effect and enforceable.

8. Entire Agreement.  This Agreement is the complete and exclusive statement of the mutual understanding between the parties as to its subject matter, and it supersedes and cancels all previous written and oral agreements, communications and other understandings relating thereto.

9. Force Majeure.  In no event will we be liable to you, or be deemed to have breached this Agreement, for any failure or delay in performing its obligations under the Agreement, to the extent such failure or delay is caused by any circumstances beyond our reasonable control.

Acceptable Use Policy

Last Updated: July 21, 2025

This Acceptable Use Policy (this “Policy”) supplements our Terms of Service (the “Terms”) by describing prohibited uses of our Platform.  All capitalized terms used but not defined in this Policy are defined in the Terms.  

1. Acceptable Use.  While using the Platform, you may not:

1. download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Platform;
2. duplicate, decompile, reverse engineer, disassemble or decode the Platform, or attempt to do any of the same;
3. use, reproduce or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed on or through the Platform;
4. use cheats, automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify or affect the Platform;
5. exploit the Platform for any commercial purpose, including without limitation communicating or facilitating any commercial advertisement or solicitation; 
6. access or use the Platform in any manner that could disable, overburden, damage, disrupt or impair the Platform or interfere with any other party’s access to or use of the Platform or use any device, software or routine that causes the same;
7. attempt to gain unauthorized access to, interfere with, damage or disrupt the Platform, or the computer systems or networks connected to the Platform;
8. circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Platform;
9. use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, mines, scrapes or otherwise accesses the Platform to monitor, extract, copy or collect information or data from or through the Platform, or engage in any manual process to do the same; 
10. introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems;
11. use the Platform for illegal, harassing, unethical, or disruptive purposes;
12. violate any applicable law or regulation in connection with your use of the Platform;  or
13. access or use the Platform in any way not expressly permitted by these Terms.  

2. Updating this Policy.  As described in the Terms, we may update this Policy at any time in our sole discretion.  If we make substantial changes to this Policy, we will do our best to notify you, by providing notice through the Platform, and by updating the Last Updated date above.  By continuing to access or use the Platform after the Last Updated date.

Copyright Policy

Last Updated: July 21, 2025

This Copyright Policy (this “Policy”) describes Quinn’s processes for receiving and responding to copyright infringement notices, sent by rightsholders or their agents, regarding material our users have posted to the Quinn platform. This Policy is governed by our Terms of Service (“Terms”) and is designed to comply with the requirements of the notice-and-takedown provisions of the United States’ Digital Millennium Copyright Act (“DMCA”), meaning that we generally remove or disable content that rightsholders claim to be infringing. Capitalized terms used but not defined in this Policy are defined in our Terms.  If you have any further questions on our various copyright practices, please contact us at dmca@tryquinn.com.

3. Caution Advised

The notices described in this Policy are serious legal actions with potentially serious consequences. In particular:

1. Filing a false copyright notice can be unlawful. Aside from perjury penalties, sending false copyright notices can create legal claims under the DMCA.
2. Dispute copyright notices with care. Copyright owners can prevent disabled content from being put back by initiating legal action.
3. Information submitted in notices is not private. Your copyright notice will be sent to the other party. We reserve the right to publicly post and share redacted copyright notices for transparency reporting purposes.
4. Copyright disputes are tracked to help us curtail repeat infringement. Our policies and the DMCA commit us to acting against repeat infringers, and we will terminate the accounts of repeat infringers in certain cases. How you respond to copyright notices informs our repeat infringer evaluation.

Consider seeking professional advice before proceeding with any notice described in this Policy.

4. Submitting Notices and Our Designated Agent

1. Although we respond to all copyright notices submitted under this Policy expeditiously, submitting your notice directly to us will help ensure that your notice is compliant with legal requirements and receives the fastest possible response.
2. To submit a copyright notice to our designated agent, email dmca@tryquinn.com. Our designated agent can also be reached by mail at Copyright Team, Quinn Inc 8605 Santa Monica Blvd. PMB 36756, West Hollywood, California 90069-4109.

5. Sending a Copyright Notice

1. When sending a non-form notice to our designated agent, be sure that it includes all the information required under the DMCA. For your reference, this includes:

1. A description of the work or works you claim have been infringed
2. A description of the content on our website you claim to be infringing and the associated URL(s), titles or content identifiers.
3. Your contact information
4. Your statement confirming 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
5. Your statement confirming that the information you’ve provided is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
6. Your signature

2. On receipt of a notice compliant with the requirements of the DMCA, our practice is to promptly remove or disable the material identified as infringing.  Note that copyright notices can be disputed under the terms of this Policy, and that the dispute process may result in replacement of removed or disabled content.

6. Receiving a Copyright Notice

1. If something you’ve posted to Quinn is the target of a valid copyright notice, we will generally send you a copy of that notice when we remove or disable the allegedly infringing content to the email address or other contact information on file in your account.  To restore the removed or disabled content, you must dispute the notice in accordance with the terms of this Policy.  We reserve the right to suspend or terminate the accounts of Creators or Subscribers who replace removed content in a manner inconsistent with this Policy.

7. Disputing a Copyright Notice

1. You may dispute a copyright notice submitted against your Quinn account by emailing dmca@tryquinn.com. After receiving a dispute notice that meets the requirements of the DMCA, we will send a complete copy of the notice to the complaining party. The rightsholder will then have ten (10) business days to initiate legal action and notify us. If we don’t receive timely notice of legal action from the rightsholder, we will generally replace the material that had been removed or disabled.
2. When sending a notice to our designated agent, be sure that it includes all the information required under the DMCA. For your reference, this includes:

1. A description of the content that’s been removed and any associated URL(s) or other identifying information
2. Your full name and contact information, including your address and phone number
3. A statement, under penalty of perjury, that you have a good faith belief that the removed content was taken down as a result of mistake or misidentification
4. A statement consenting to the jurisdiction of the Federal District Court for the judicial district in which your address is located or, if you are outside of the United States, consenting to the jurisdiction of any judicial district in which Quinn can be found (for instance, the Southern District of California)
5. A statement that you will accept service of process from the copyright notice sender or their agent at the address you’ve provided.
6. Your signature