Quixerr's Terms of Service
Last Update: March 2021
Welcome to Quixerr.com.
The following terms of service (these "Terms of Service"), govern your access to and use of the Quixerr website, including any content, functionality and services offered on or through www.quixerr.com or the Quixerr mobile application (the "Site") in behalf of Timur Dzirkvadze acting on the basis of registration #046421042997 dated Feb 19, 2021, as applicable. Quixerr company. and its subsidiaries are collectively referred hereto as "Quixerr", "we" or "us" and “you” or “user” means you as a user of the Site.
This Site is offered and available to users who are 14 years of age or older. If you are under 14 you may not use this Site or the Quixerr services. By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
Our Customer Support team is available if you have any questions regarding the Site or Terms of Service. Contacting our Customer Support team can be performed by submitting a request here.
The original language of these Terms of Service, as well as all other texts throughout the Site, is Ukrainian. Any translation is for convenience only. In case of conflicts between the original Ukrainian version and any translation, the Ukrainian version shall prevail.
Buyers are users who purchase services on Quixerr.
Seller is official account of Quixerr that offers and perform services through Quixes Pages on Quixerr.com.
Custom Offers are exclusive proposals that a Seller can create in response to specific requirements of a Buyer.
Custom Orders are requests made by a Buyer to receive a Custom Offer from a Seller.
Quixes are services offered on Quixerr.
Quixes Extras are additional services offered on top of the Seller’s Quix for an additional price defined by the Seller.
Quixes Packages is a way to offer services in different formats and prices. Packages can include upgrades, which lets Seller price the services for each package separately.
Quix Page is where the Seller can describe the Service and the Service’s terms, and the Buyer can purchase the Service and create an order.
Order Page is where Buyers and Seller communicate with each other in connection with an ordered Service.
Orders are the formal agreements between a Buyer and Seller after a purchase was made from the Seller’s Quix Page.
Overview (Main terms, in a nutshell)
Seller has access to several exclusive features that help customize the way their services can be offered.
Disputes and Cancellations
We encourage our customers to be considerate and do not bring the situation to the conflict. We have our Community Standards and these Terms of Service. If for any reason you encounter the conflict situation, users can contact Quixerr's Customer Support department for assistance here. For more information about disputes, Order cancellations and refunds please refer to the Payment Terms.
User Conduct and Protection
Quixerr enables people around the world to purchase nearly any service they need at an unbeatable value. Services offered on Quixerr reflect the diversity of an expanding Quix economy. Members of the Quixerr community communicate and engage through orders and social media.
Quixerr maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of Quixerr. This section relates to the expected conduct users should adhere to while interacting on Quixerr.
To report a violation of our Terms of Service and/or our Community Standards, User Misconduct, or inquiries regarding your account, please contact our Customer Support team here.
Seller warrants that any content included in their Quixes or delivered work shall be original work conceived by the Seller or third parties hired by Seller for executing the order and shall not infringe any third-party rights, including, without limitation, copyrights, trademarks or service marks.
Users may receive a warning to their account for violations of our Terms of Service and/or our Community Standards or any user misconduct reported to our Trust and Safety team. A warning will be sent to the user's email address and will be displayed for such user on the Site. Warnings do not limit account activity, but can lead to your account losing statuses or becoming permanently disabled based on the severity of the violation.
Inappropriate Behavior & Language - Communication on Quixerr should be friendly, constructive, and professional. Quixerr condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals, a system to rate orders, and to engage on larger platforms such as Social Media pages.
Phishing and Spam - Members’ security is a top priority. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. Please respect our members privacy by not contacting them with offers, questions, suggestions or anything which is not directly related to Quixes or orders.
Privacy & Identity - You may not publish or post other people's private and confidential information. Any exchange of personal information required for the completion of a service must be provided in the Order Page. Seller further confirms that whatever information they receive from the Buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the Buyer. Any users who engage and communicate off of Quixerr will not be protected by our Terms of Service.
Authentic Quixerr Profile - You may not create a false identity on Quixerr, misrepresent your identity, create a Quixerr profile for anyone other than yourself (a real person), or use or attempt to use another user’s account or information; Your profile information, including your description, location, etc., while may be kept anonymous, must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. Quixerr reserves the right to require users to go through a verification process in order to use the Site (whether by using ID, phone, camera, etc.).
Intellectual Property Claims - Quixerr will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service.
Fraud / Unlawful Use - You may not use Quixerr for any unlawful purposes or to conduct illegal activities.
Abuse and Spam
Multiple Accounts - To prevent fraud and abuse, users are limited to one active Quixerr account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the Quixerr community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations of Quixerr’s Terms of Service and/or our Community Standards is a cause for permanent suspension of all accounts.
Targeted Abuse - We do not tolerate users who engage in targeted abuse or harassment towards other users on Quixerr. This includes creating new multiple accounts to harass members through our message or ordering system.
Selling Accounts - You may not buy or sell Quixerr accounts.
The Site, including its general layout, design and content, is exclusively owned by Quixerr and protected by copyright and intellectual property law. Users have no right, and specifically agree not to do the following with respect to the Site or any part, component or extension of the Site (including its mobile applications): (i) copy, transfer, adapt, modify, distribute or reproduce it, in any manner; (ii) reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization; (iii) modify or create derivative works; (iv) remove any copyright notice, identification or any other proprietary notices, or; (v) use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other users’ enjoyment of the Site. Users also agree not to permit or authorize anyone else to do any of the foregoing.
To the extent that you provide Quixerr with any comments, suggestions or other feedback regarding the Quixerr platform or the Site as a whole, as well as other Quixerr products or services (collective, the “Feedback”), you will be deemed to have granted Quixerr an exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership rights in the Feedback. Quixerr is under no obligation to implement any Feedback it may receive from users.
Seller recognizes that there might be a need for Buyers to disclose certain confidential information to be used by Seller for the purpose of delivering the ordered work, and to protect such confidential information from unauthorized use and disclosure. Therefore, Seller agrees to treat any information received from Buyers as highly sensitive, top secret and classified material. Without derogating from the generality of the above, Seller specifically agrees to (i) maintain all such information in strict confidence; (ii) not disclose the information to any third parties; (iii) not use the information for any purpose except for delivering the ordered work; and (vi) not to copy or reproduce any of the information without the Buyer’s permission.
User Generated Content
User Generated Content ("UGC") refers to the content added by users as opposed to content created by the Site. All content uploaded to Quixerr by our users (Buyers) is User Generated Content. Quixerr does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations and the user uploading/creating such content shall be solely responsible for it and the consequences of using, disclosing, storing, or transmitting it. By uploading to, or creating content on, the Quixerr platform, you represent and warrant that you own or have obtained all rights, licenses, consents, permissions, power and/or authority, necessary to use and/or upload such content and that such content or the use thereof in the Site does not and shall not (a) infringe or violate any intellectual property, proprietary or privacy, data protection or publicity rights of any third party; (b) violate any applicable local, state, federal and international laws, regulations and conventions; and/or (c) violate any of your or third party’s policies and/or terms of service. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.
For specific terms related to Intellectual Property rights and for reporting claims of copyright infringement (DMCA notices) or trademark infringement - please see our Intellectual Property Claims Policy which forms an integral part of these Terms of Service. Note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Ownership and limitations: When purchasing a Quix on Quixerr, unless clearly stated otherwise on the Seller's Quix page/description, when the work is delivered, and subject to payment, the Buyer is granted all intellectual property rights, including but not limited to, copyright in the work delivered from the Seller, and the Seller waives any and all moral rights therein. Accordingly, the Seller expressly assigns to the Buyer the copyright in the delivered work. All transfer and assignment of intellectual property to the Buyer shall be subject to full payment for the Quix, and the delivery may not be used if payment is cancelled for any reason. For removal of doubt, in custom created work (such as art work, design work, report generation etc.), the delivered work and its copyright shall be the exclusive property of the Buyer and, upon delivery, the Seller agrees that it thereby, pursuant to these Terms of Service, assigns all right, title and interest in and to the delivered work to the Buyer. Some Quixes (including for custom created work) charge additional payments (through Quix Extras) for a Commercial Use License. This means that if you purchase the Quix for personal use, you will own all rights you require for such use, and will not need the Commercial Use License. If you intend to use it for any charge or other consideration, or for any purpose that is directly or indirectly in connection with any business, or other undertaking intended for profit, you will need to buy the Commercial Use License through a Quix Extra and will have broader rights that cover your business use.
For Voice Over, Audio and Video Quixes, when the work is delivered, and subject to payment, the Buyer is purchasing basic rights, (which means the Buyer is paying a one time fee allowing them to use the work forever and for any purpose except for commercials, radio, television and internet commercial spots). If you intend to use the Voice Over to promote a product and/or service (with the exception of paid marketing channels), you will need to purchase the Commercial Rights (Buy-Out) through Quix Extra. If you intend to use the Voice Over in radio, television and internet commercials, you will need to purchase the Full Broadcast Rights (Buy-Out) through Quix Extra. For further information on the type of buy-outs, please read below.
Furthermore, users agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to Quixerr, including Quix texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by Quixerr for no consideration for marketing and/or other purposes.
Voice Over, Audio and Video Commercial Buy-Out
When purchasing a Voice Over, Audio, Video Quix, the Seller grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased Voice Over, Audio or Video (except for commercials, radio, television and internet commercial spots).
By purchasing a Commercial Rights (Buy-Out) with your order, in addition to the basic rights, the Seller grants you with a license to use the Voice Over, Audio or Video for any corporate, promotional and non-broadcast purposes. Corporate, promotional and non-broadcast purposes means any business related use for the creation of, or to promote a for-product profit or service (with the exception of paid marketing channels), such as (by way of example): explainer videos posted to company websites, social networks or email campaigns, audiobooks, podcast intros, and strictly excludes any illegal, immoral or defamatory purpose.
By purchasing a Full Broadcast Rights (Buy-Out) with your order, in addition to the Commercial Rights, the Seller grants you with a license for full broadcasting, which includes internet, radio, and TV "paid channels" including (by way of example): television commercials, radio commercials, internet radio, and music/video streaming platforms, and strictly excludes any illegal, immoral or defamatory purpose.
This Buy-Out is subject to Quixerr's Terms of Service. There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. The Seller will not be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.
Quix Commercial Use License
By purchasing a “Commercial Use License” with your Quix Order, the Seller grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased delivery for Permitted Commercial Purposes. For the avoidance of doubt, the Seller retains all ownership rights. “Permitted Commercial Purposes” means any business related use, such as (by way of example) advertising, promotion, creating web pages, integration into product, software or other business related tools etc., and strictly excludes any illegal, immoral or defamatory purpose. This License is subject to Quixerr’s Terms of Service. There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. The Seller will not be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.
Disclaimer of Warranties
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER QUIXERR NOR ANY PERSON ASSOCIATED WITH QUIXERR MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Different Language Versions of Site
The official text is the Ukrainian version of the Site. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. If any questions arise related to the accuracy of the information contained in the translated content, please refer to the Ukrainian version of the content which is the official version.
Limitation on Liability
IN NO EVENT WILL QUIXERR, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.