TERMS OF SERVICE
Last updated February 26, 2025
AGREEMENT TO OUR LEGAL TERMS
AGREEMENT TO OUR LEGAL TERMS We are Qr-Build ("Company,"
"we," "us," "our"), a company
registered in Canada at 15 Brin Dr., Toronto, Ontario M8X0B4. We
operate the website https://www.qr-build.com (the "Site"),
as well as any other related products and services that refer or
link to these legal terms (the "Legal Terms")
(collectively, the "Services"). QR Build: Generate QR
codes for various purposes like URLs, vCards, business pages, social
media, WiFi, app downloads, menus, PDFs, images, and plain text.
Customize your QR codes with advanced features for personal or
business use. You can contact us by email at support@qr-build.com or
by mail to 15 Brin Dr., Toronto, Ontario M8X0B4, Canada. These Legal
Terms constitute a legally binding agreement made between you,
whether personally or on behalf of an entity ("you"), and
Qr-Build, concerning your access to and use of the Services. You
agree that by accessing the Services, you have read, understood, and
agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE
WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED
FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY. We
will provide you with prior notice of any scheduled changes to the
Services you are using. The modified Legal Terms will become
effective upon posting or notifying you by support@qr-build.com, as
stated in the email message. By continuing to use the Services after
the effective date of any changes, you agree to be bound by the
modified terms. The Services are intended for users who are at least
13 years of age. All users who are minors in the jurisdiction in
which they reside (generally under the age of 18) must have the
permission of, and be directly supervised by, their parent or
guardian to use the Services. If you are a minor, you must have your
parent or guardian read and agree to these Legal Terms prior to you
using the Services. We recommend that you print a copy of these
Legal Terms for your records. TABLE OF CONTENTS 1. OUR SERVICES 2.
INTELLECTUAL PROPERTY RIGHTS 3. USER REPRESENTATIONS 4. USER
REGISTRATION 5. PURCHASES AND PAYMENT 6. SUBSCRIPTIONS 7. PROHIBITED
ACTIVITIES 8. USER GENERATED CONTRIBUTIONS 9. CONTRIBUTION LICENSE
10. GUIDELINES FOR REVIEWS 11. SOCIAL MEDIA 12. THIRD-PARTY WEBSITES
AND CONTENT 13. ADVERTISERS 14. SERVICES MANAGEMENT 15. PRIVACY
POLICY 16. COPYRIGHT INFRINGEMENTS 17. TERM AND TERMINATION 18.
MODIFICATIONS AND INTERRUPTIONS 19. GOVERNING LAW 20. DISPUTE
RESOLUTION 21. CORRECTIONS 22. DISCLAIMER 23. LIMITATIONS OF
LIABILITY 24. INDEMNIFICATION 25. USER DATA 26. ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES 27. CALIFORNIA USERS
AND RESIDENTS 28. MISCELLANEOUS 29. CONTACT US 1. OUR SERVICES The
information provided when using the Services is not intended for
distribution to or use by any person or entity in any jurisdiction
or country where such distribution or use would be contrary to law
or regulation or which would subject us to any registration
requirement within such jurisdiction or country. Accordingly, those
persons who choose to access the Services from other locations do so
on their own initiative and are solely responsible for compliance
with local laws, if and to the extent local laws are applicable. The
Services are not tailored to comply with industry-specific
regulations (Health Insurance Portability and Accountability Act
(HIPAA), Federal Information Security Management Act (FISMA), etc.),
so if your interactions would be subjected to such laws, you may not
use the Services. You may not use the Services in a way that would
violate the Gramm-Leach-Bliley Act (GLBA). 2. INTELLECTUAL PROPERTY
RIGHTS Our intellectual property We are the owner or the licensee of
all intellectual property rights in our Services, including all
source code, databases, functionality, software, website designs,
audio, video, text, photographs, and graphics in the Services
(collectively, the "Content"), as well as the trademarks,
service marks, and logos contained therein (the "Marks").
Our Content and Marks are protected by copyright and trademark laws
(and various other intellectual property rights and unfair
competition laws) and treaties in the United States and around the
world. The Content and Marks are provided in or through the Services
"AS IS" for your personal, non-commercial use or internal
business purpose only. Your use of our Services Subject to your
compliance with these Legal Terms, including the "PROHIBITED
ACTIVITIES" section below, we grant you a non-exclusive,
non-transferable, revocable license to: access the Services; and
download or print a copy of any portion of the Content to which you
have properly gained access, solely for your personal,
non-commercial use or internal business purpose. Except as set out
in this section or elsewhere in our Legal Terms, no part of the
Services and no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed,
encoded, translated, transmitted, distributed, sold, licensed, or
otherwise exploited for any commercial purpose whatsoever, without
our express prior written permission. If you wish to make any use of
the Services, Content, or Marks other than as set out in this
section or elsewhere in our Legal Terms, please address your request
to: support@qr-build.com. If we ever grant you the permission to
post, reproduce, or publicly display any part of our Services or
Content, you must identify us as the owners or licensors of the
Services, Content, or Marks and ensure that any copyright or
proprietary notice appears or is visible on posting, reproducing, or
displaying our Content. We reserve all rights not expressly granted
to you in and to the Services, Content, and Marks. Any breach of
these Intellectual Property Rights will constitute a material breach
of our Legal Terms and your right to use our Services will terminate
immediately. Your submissions and contributions Please review this
section and the "PROHIBITED ACTIVITIES" section carefully
prior to using our Services to understand the (a) rights you give us
and (b) obligations you have when you post or upload any content
through the Services. Submissions: By directly sending us any
question, comment, suggestion, idea, feedback, or other information
about the Services ("Submissions"), you agree to assign to
us all intellectual property rights in such Submission. You agree
that we shall own this Submission and be entitled to its
unrestricted use and dissemination for any lawful purpose,
commercial or otherwise, without acknowledgment or compensation to
you. Contributions: The Services may invite you to chat, contribute
to, or participate in blogs, message boards, online forums, and
other functionality during which you may create, submit, post,
display, transmit, publish, distribute, or broadcast content and
materials to us or through the Services, including but not limited
to text, writings, video, audio, photographs, music, graphics,
comments, reviews, rating suggestions, personal information, or
other material ("Contributions"). Any Submission that is
publicly posted shall also be treated as a Contribution. You
understand that Contributions may be viewable by other users of the
Services and possibly through third-party websites. When you post
Contributions, you grant us a license (including use of your name,
trademarks, and logos): By posting any Contributions, you grant us
an unrestricted, unlimited, irrevocable, perpetual, non-exclusive,
transferable, royalty-free, fully-paid, worldwide right, and license
to: use, copy, reproduce, distribute, sell, resell, publish,
broadcast, retitle, store, publicly perform, publicly display,
reformat, translate, excerpt (in whole or in part), and exploit your
Contributions (including, without limitation, your image, name, and
voice) for any purpose, commercial, advertising, or otherwise, to
prepare derivative works of, or incorporate into other works, your
Contributions, and to sublicense the licenses granted in this
section. Our use and distribution may occur in any media formats and
through any media channels. This license includes our use of your
name, company name, and franchise name, as applicable, and any of
the trademarks, service marks, trade names, logos, and personal and
commercial images you provide. You are responsible for what you post
or upload: By sending us Submissions and/or posting Contributions
through any part of the Services or making Contributions accessible
through the Services by linking your account through the Services to
any of your social networking accounts, you: confirm that you have
read and agree with our "PROHIBITED ACTIVITIES" and will
not post, send, publish, upload, or transmit through the Services
any Submission nor post any Contribution that is illegal, harassing,
hateful, harmful, defamatory, obscene, bullying, abusive,
discriminatory, threatening to any person or group, sexually
explicit, false, inaccurate, deceitful, or misleading; to the extent
permissible by applicable law, waive any and all moral rights to any
such Submission and/or Contribution; warrant that any such
Submission and/or Contributions are original to you or that you have
the necessary rights and licenses to submit such Submissions and/or
Contributions and that you have full authority to grant us the
above-mentioned rights in relation to your Submissions and/or
Contributions; and warrant and represent that your Submissions
and/or Contributions do not constitute confidential information. You
are solely responsible for your Submissions and/or Contributions and
you expressly agree to reimburse us for any and all losses that we
may suffer because of your breach of (a) this section, (b) any third
party’s intellectual property rights, or (c) applicable law. We may
remove or edit your Content: Although we have no obligation to
monitor any Contributions, we shall have the right to remove or edit
any Contributions at any time without notice if in our reasonable
opinion we consider such Contributions harmful or in breach of these
Legal Terms. If we remove or edit any such Contributions, we may
also suspend or disable your account and report you to the
authorities. Copyright infringement We respect the intellectual
property rights of others. If you believe that any material
available on or through the Services infringes upon any copyright
you own or control, please immediately refer to the "COPYRIGHT
INFRINGEMENTS" section below. 3. USER REPRESENTATIONS By using
the Services, you represent and warrant that: (1) all registration
information you submit will be true, accurate, current, and
complete; (2) you will maintain the accuracy of such information and
promptly update such registration information as necessary; (3) you
have the legal capacity and you agree to comply with these Legal
Terms; (4) you are not under the age of 13; (5) you are not a minor
in the jurisdiction in which you reside, or if a minor, you have
received parental permission to use the Services; (6) you will not
access the Services through automated or non-human means, whether
through a bot, script or otherwise; (7) you will not use the
Services for any illegal or unauthorized purpose; and (8) your use
of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not
current, or incomplete, we have the right to suspend or terminate
your account and refuse any and all current or future use of the
Services (or any portion thereof). 4. USER REGISTRATION You may be
required to register to use the Services. You agree to keep your
password confidential and will be responsible for all use of your
account and password. We reserve the right to remove, reclaim, or
change a username you select if we determine, in our sole
discretion, that such username is inappropriate, obscene, or
otherwise objectionable. 5. PURCHASES AND PAYMENT We accept the
following forms of payment: - Visa - Mastercard - PayPal You agree
to provide current, complete, and accurate purchase and account
information for all purchases made via the Services. You further
agree to promptly update account and payment information, including
email address, payment method, and payment card expiration date, so
that we can complete your transactions and contact you as needed.
Sales tax will be added to the price of purchases as deemed required
by us. We may change prices at any time. All payments shall be in US
dollars. You agree to pay all charges at the prices then in effect
for your purchases and any applicable shipping fees, and you
authorize us to charge your chosen payment provider for any such
amounts upon placing your order. We reserve the right to correct any
errors or mistakes in pricing, even if we have already requested or
received payment. We reserve the right to refuse any order placed
through the Services. We may, in our sole discretion, limit or
cancel quantities purchased per person, per household, or per order.
These restrictions may include orders placed by or under the same
customer account, the same payment method, and/or orders that use
the same billing or shipping address. We reserve the right to limit
or prohibit orders that, in our sole judgment, appear to be placed
by dealers, resellers, or distributors. 6. SUBSCRIPTIONS Billing and
Renewal Your subscription will continue and automatically renew
unless canceled. You consent to our charging your payment method on
a recurring basis without requiring your prior approval for each
recurring charge, until such time as you cancel the applicable
order. The length of your billing cycle will depend on the type of
subscription plan you choose when you subscribed to the Services.
Free Trial We offer a 7-day free trial to new users who register
with the Services. The account will not be charged and the
subscription will be suspended until upgraded to a paid version at
the end of the free trial. Cancellation You can cancel your
subscription at any time by logging into your account. Your
cancellation will take effect at the end of the current paid term.
If you have any questions or are unsatisfied with our Services,
please email us at support@qr-build.com. Fee Changes We may, from
time to time, make changes to the subscription fee and will
communicate any price changes to you in accordance with applicable
law. 7. PROHIBITED ACTIVITIES You may not access or use the Services
for any purpose other than that for which we make the Services
available. The Services may not be used in connection with any
commercial endeavors except those that are specifically endorsed or
approved by us. As a user of the Services, you agree not to:
Systematically retrieve data or other content from the Services to
create or compile, directly or indirectly, a collection,
compilation, database, or directory without written permission from
us. Trick, defraud, or mislead us and other users, especially in any
attempt to learn sensitive account information such as user
passwords. Circumvent, disable, or otherwise interfere with
security-related features of the Services, including features that
prevent or restrict the use or copying of any Content or enforce
limitations on the use of the Services and/or the Content contained
therein. Disparage, tarnish, or otherwise harm, in our opinion, us
and/or the Services. Use any information obtained from the Services
in order to harass, abuse, or harm another person. Make improper use
of our support services or submit false reports of abuse or
misconduct. Use the Services in a manner inconsistent with any
applicable laws or regulations. Engage in unauthorized framing of or
linking to the Services. Upload or transmit (or attempt to upload or
to transmit) viruses, Trojan horses, or other material, including
excessive use of capital letters and spamming (continuous posting of
repetitive text), that interferes with any party’s uninterrupted use
and enjoyment of the Services or modifies, impairs, disrupts,
alters, or interferes with the use, features, functions, operation,
or maintenance of the Services. Engage in any automated use of the
system, such as using scripts to send comments or messages, or using
any data mining, robots, or similar data gathering and extraction
tools. Delete the copyright or other proprietary rights notice from
any Content. Attempt to impersonate another user or person or use
the username of another user. Upload or transmit (or attempt to
upload or to transmit) any material that acts as a passive or active
information collection or transmission mechanism, including without
limitation, clear graphics interchange formats ("gifs"),
1×1 pixels, web bugs, cookies, or other similar devices (sometimes
referred to as "spyware" or "passive collection
mechanisms" or "pcms"). Interfere with, disrupt, or
create an undue burden on the Services or the networks or services
connected to the Services. Harass, annoy, intimidate, or threaten
any of our employees or agents engaged in providing any portion of
the Services to you. Attempt to bypass any measures of the Services
designed to prevent or restrict access to the Services, or any
portion of the Services. Copy or adapt the Services' software,
including but not limited to Flash, PHP, HTML, JavaScript, or other
code. Except as permitted by applicable law, decipher, decompile,
disassemble, or reverse engineer any of the software comprising or
in any way making up a part of the Services. Except as may be the
result of standard search engine or Internet browser usage, use,
launch, develop, or distribute any automated system, including
without limitation, any spider, robot, cheat utility, scraper, or
offline reader that accesses the Services, or use or launch any
unauthorized script or other software. Use a buying agent or
purchasing agent to make purchases on the Services. Make any
unauthorized use of the Services, including collecting usernames
and/or email addresses of users by electronic or other means for the
purpose of sending unsolicited email, or creating user accounts by
automated means or under false pretenses. Use the Services as part
of any effort to compete with us or otherwise use the Services
and/or the Content for any revenue-generating endeavor or commercial
enterprise. Use the Services to advertise or offer to sell goods and
services. 8. USER GENERATED CONTRIBUTIONS The Services may invite
you to chat, contribute to, or participate in blogs, message boards,
online forums, and other functionality, and may provide you with the
opportunity to create, submit, post, display, transmit, perform,
publish, distribute, or broadcast content and materials to us or on
the Services, including but not limited to text, writings, video,
audio, photographs, graphics, comments, suggestions, or personal
information or other material (collectively,
"Contributions"). Contributions may be viewable by other
users of the Services and through third-party websites. As such, any
Contributions you transmit may be treated as non-confidential and
non-proprietary. When you create or make available any
Contributions, you thereby represent and warrant that: The creation,
distribution, transmission, public display, or performance, and the
accessing, downloading, or copying of your Contributions do not and
will not infringe the proprietary rights, including but not limited
to the copyright, patent, trademark, trade secret, or moral rights
of any third party. You are the creator and owner of or have the
necessary licenses, rights, consents, releases, and permissions to
use and to authorize us, the Services, and other users of the
Services to use your Contributions in any manner contemplated by the
Services and these Legal Terms. You have the written consent,
release, and/or permission of each and every identifiable individual
person in your Contributions to use the name or likeness of each and
every such identifiable individual person to enable inclusion and
use of your Contributions in any manner contemplated by the Services
and these Legal Terms. Your Contributions are not false, inaccurate,
or misleading. Your Contributions are not unsolicited or
unauthorized advertising, promotional materials, pyramid schemes,
chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy,
violent, harassing, libelous, slanderous, or otherwise objectionable
(as determined by us). Your Contributions do not ridicule, mock,
disparage, intimidate, or abuse anyone. Your Contributions are not
used to harass or threaten (in the legal sense of those terms) any
other person and to promote violence against a specific person or
class of people. Your Contributions do not violate any applicable
law, regulation, or rule. Your Contributions do not violate the
privacy or publicity rights of any third party. Your Contributions
do not violate any applicable law concerning child pornography, or
otherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are
connected to race, national origin, gender, sexual preference, or
physical handicap. Your Contributions do not otherwise violate, or
link to material that violates, any provision of these Legal Terms,
or any applicable law or regulation. Any use of the Services in
violation of the foregoing violates these Legal Terms and may result
in, among other things, termination or suspension of your rights to
use the Services. 9. CONTRIBUTION LICENSE By posting your
Contributions to any part of the Services or making Contributions
accessible to the Services by linking your account from the Services
to any of your social networking accounts, you automatically grant,
and you represent and warrant that you have the right to grant, to
us an unrestricted, unlimited, irrevocable, perpetual,
non-exclusive, transferable, royalty-free, fully-paid, worldwide
right, and license to host, use, copy, reproduce, disclose, sell,
resell, publish, broadcast, retitle, archive, store, cache, publicly
perform, publicly display, reformat, translate, transmit, excerpt
(in whole or in part), and distribute such Contributions (including,
without limitation, your image and voice) for any purpose,
commercial, advertising, or otherwise, and to prepare derivative
works of, or incorporate into other works, such Contributions, and
grant and authorize sublicenses of the foregoing. The use and
distribution may occur in any media formats and through any media
channels. This license will apply to any form, media, or technology
now known or hereafter developed, and includes our use of your name,
company name, and franchise name, as applicable, and any of the
trademarks, service marks, trade names, logos, and personal and
commercial images you provide. You waive all moral rights in your
Contributions, and you warrant that moral rights have not otherwise
been asserted in your Contributions. We do not assert any ownership
over your Contributions. You retain full ownership of all of your
Contributions and any intellectual property rights or other
proprietary rights associated with your Contributions. We are not
liable for any statements or representations in your Contributions
provided by you in any area on the Services. You are solely
responsible for your Contributions to the Services and you expressly
agree to exonerate us from any and all responsibility and to refrain
from any legal action against us regarding your Contributions. We
have the right, in our sole and absolute discretion, (1) to edit,
redact, or otherwise change any Contributions; (2) to re-categorize
any Contributions to place them in more appropriate locations on the
Services; and (3) to pre-screen or delete any Contributions at any
time and for any reason, without notice. We have no obligation to
monitor your Contributions. 10. GUIDELINES FOR REVIEWS We may
provide you areas on the Services to leave reviews or ratings. When
posting a review, you must comply with the following criteria: (1)
you should have firsthand experience with the person/entity being
reviewed; (2) your reviews should not contain offensive profanity,
or abusive, racist, offensive, or hateful language; (3) your reviews
should not contain discriminatory references based on religion,
race, gender, national origin, age, marital status, sexual
orientation, or disability; (4) your reviews should not contain
references to illegal activity; (5) you should not be affiliated
with competitors if posting negative reviews; (6) you should not
make any conclusions as to the legality of conduct; (7) you may not
post any false or misleading statements; and (8) you may not
organize a campaign encouraging others to post reviews, whether
positive or negative. We may accept, reject, or remove reviews in
our sole discretion. We have absolutely no obligation to screen
reviews or to delete reviews, even if anyone considers reviews
objectionable or inaccurate. Reviews are not endorsed by us, and do
not necessarily represent our opinions or the views of any of our
affiliates or partners. We do not assume liability for any review or
for any claims, liabilities, or losses resulting from any review. By
posting a review, you hereby grant to us a perpetual, non-exclusive,
worldwide, royalty-free, fully paid, assignable, and sublicensable
right and license to reproduce, modify, translate, transmit by any
means, display, perform, and/or distribute all content relating to
review. 11. SOCIAL MEDIA As part of the functionality of the
Services, you may link your account with online accounts you have
with third-party service providers (each such account, a
"Third-Party Account") by either: (1) providing your
Third-Party Account login information through the Services; or (2)
allowing us to access your Third-Party Account, as is permitted
under the applicable terms and conditions that govern your use of
each Third-Party Account. You represent and warrant that you are
entitled to disclose your Third-Party Account login information to
us and/or grant us access to your Third-Party Account, without
breach by you of any of the terms and conditions that govern your
use of the applicable Third-Party Account, and without obligating us
to pay any fees or making us subject to any usage limitations
imposed by the third-party service provider of the Third-Party
Account. By granting us access to any Third-Party Accounts, you
understand that (1) we may access, make available, and store (if
applicable) any content that you have provided to and stored in your
Third-Party Account (the "Social Network Content") so that
it is available on and through the Services via your account,
including without limitation any friend lists and (2) we may submit
to and receive from your Third-Party Account additional information
to the extent you are notified when you link your account with the
Third-Party Account. Depending on the Third-Party Accounts you
choose and subject to the privacy settings that you have set in such
Third-Party Accounts, personally identifiable information that you
post to your Third-Party Accounts may be available on and through
your account on the Services. Please note that if a Third-Party
Account or associated service becomes unavailable or our access to
such Third-Party Account is terminated by the third-party service
provider, then Social Network Content may no longer be available on
and through the Services. You will have the ability to disable the
connection between your account on the Services and your Third-Party
Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE
THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY
ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH
THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any
Social Network Content for any purpose, including but not limited
to, for accuracy, legality, or non-infringement, and we are not
responsible for any Social Network Content. You acknowledge and
agree that we may access your email address book associated with a
Third-Party Account and your contacts list stored on your mobile
device or tablet computer solely for purposes of identifying and
informing you of those contacts who have also registered to use the
Services. You can deactivate the connection between the Services and
your Third-Party Account by contacting us using the contact
information below or through your account settings (if applicable).
We will attempt to delete any information stored on our servers that
was obtained through such Third-Party Account, except the username
and profile picture that become associated with your account. 12.
THIRD-PARTY WEBSITES AND CONTENT The Services may contain (or you
may be sent via the Site) links to other websites ("Third-Party
Websites") as well as articles, photographs, text, graphics,
pictures, designs, music, sound, video, information, applications,
software, and other content or items belonging to or originating
from third parties ("Third-Party Content"). Such
Third-Party Websites and Third-Party Content are not investigated,
monitored, or checked for accuracy, appropriateness, or completeness
by us, and we are not responsible for any Third-Party Websites
accessed through the Services or any Third-Party Content posted on,
available through, or installed from the Services, including the
content, accuracy, offensiveness, opinions, reliability, privacy
practices, or other policies of or contained in the Third-Party
Websites or the Third-Party Content. Inclusion of, linking to, or
permitting the use or installation of any Third-Party Websites or
any Third-Party Content does not imply approval or endorsement
thereof by us. If you decide to leave the Services and access the
Third-Party Websites or to use or install any Third-Party Content,
you do so at your own risk, and you should be aware these Legal
Terms no longer govern. You should review the applicable terms and
policies, including privacy and data gathering practices, of any
website to which you navigate from the Services or relating to any
applications you use or install from the Services. Any purchases you
make through Third-Party Websites will be through other websites and
from other companies, and we take no responsibility whatsoever in
relation to such purchases which are exclusively between you and the
applicable third party. You agree and acknowledge that we do not
endorse the products or services offered on Third-Party Websites and
you shall hold us blameless from any harm caused by your purchase of
such products or services. Additionally, you shall hold us blameless
from any losses sustained by you or harm caused to you relating to
or resulting in any way from any Third-Party Content or any contact
with Third-Party Websites. 13. ADVERTISERS We allow advertisers to
display their advertisements and other information in certain areas
of the Services, such as sidebar advertisements or banner
advertisements. We simply provide the space to place such
advertisements, and we have no other relationship with advertisers.
14. SERVICES MANAGEMENT We reserve the right, but not the
obligation, to: (1) monitor the Services for violations of these
Legal Terms; (2) take appropriate legal action against anyone who,
in our sole discretion, violates the law or these Legal Terms,
including without limitation, reporting such user to law enforcement
authorities; (3) in our sole discretion and without limitation,
refuse, restrict access to, limit the availability of, or disable
(to the extent technologically feasible) any of your Contributions
or any portion thereof; (4) in our sole discretion and without
limitation, notice, or liability, to remove from the Services or
otherwise disable all files and content that are excessive in size
or are in any way burdensome to our systems; and (5) otherwise
manage the Services in a manner designed to protect our rights and
property and to facilitate the proper functioning of the Services.
15. PRIVACY POLICY We care about data privacy and security. Please
review our Privacy Policy: https://qr-build.com/privacy-policy. By
using the Services, you agree to be bound by our Privacy Policy,
which is incorporated into these Legal Terms. Please be advised the
Services are hosted in Canada and United States. If you access the
Services from any other region of the world with laws or other
requirements governing personal data collection, use, or disclosure
that differ from applicable laws in Canada and United States, then
through your continued use of the Services, you are transferring
your data to Canada and United States, and you expressly consent to
have your data transferred to and processed in Canada and United
States. Further, we do not knowingly accept, request, or solicit
information from children or knowingly market to children.
Therefore, in accordance with the U.S. Children’s Online Privacy
Protection Act, if we receive actual knowledge that anyone under the
age of 13 has provided personal information to us without the
requisite and verifiable parental consent, we will delete that
information from the Services as quickly as is reasonably practical.
16. COPYRIGHT INFRINGEMENTS We respect the intellectual property
rights of others. If you believe that any material available on or
through the Services infringes upon any copyright you own or
control, please immediately notify us using the contact information
provided below (a "Notification"). A copy of your
Notification will be sent to the person who posted or stored the
material addressed in the Notification. Please be advised that
pursuant to applicable law you may be held liable for damages if you
make material misrepresentations in a Notification. Thus, if you are
not sure that material located on or linked to by the Services
infringes your copyright, you should consider first contacting an
attorney. 17. TERM AND TERMINATION These Legal Terms shall remain in
full force and effect while you use the Services. WITHOUT LIMITING
ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO,
IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS
TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP
ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING
WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR
COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR
REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE
SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT
YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. If
we terminate or suspend your account for any reason, you are
prohibited from registering and creating a new account under your
name, a fake or borrowed name, or the name of any third party, even
if you may be acting on behalf of the third party. In addition to
terminating or suspending your account, we reserve the right to take
appropriate legal action, including without limitation pursuing
civil, criminal, and injunctive redress. 18. MODIFICATIONS AND
INTERRUPTIONS We reserve the right to change, modify, or remove the
contents of the Services at any time or for any reason at our sole
discretion without notice. However, we have no obligation to update
any information on our Services. We will not be liable to you or any
third party for any modification, price change, suspension, or
discontinuance of the Services. We cannot guarantee the Services
will be available at all times. We may experience hardware,
software, or other problems or need to perform maintenance related
to the Services, resulting in interruptions, delays, or errors. We
reserve the right to change, revise, update, suspend, discontinue,
or otherwise modify the Services at any time or for any reason
without notice to you. You agree that we have no liability
whatsoever for any loss, damage, or inconvenience caused by your
inability to access or use the Services during any downtime or
discontinuance of the Services. Nothing in these Legal Terms will be
construed to obligate us to maintain and support the Services or to
supply any corrections, updates, or releases in connection
therewith. 19. GOVERNING LAW These Legal Terms shall be governed by
and defined following the laws of Canada. Qr-Build and yourself
irrevocably consent that the courts of Canada shall have exclusive
jurisdiction to resolve any dispute which may arise in connection
with these Legal Terms. 20. DISPUTE RESOLUTION Binding Arbitration
Any dispute arising out of or in connection with these Legal Terms,
including any question regarding its existence, validity, or
termination, shall be referred to and finally resolved by the
International Commercial Arbitration Court under the European
Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146)
according to the Rules of this ICAC, which, as a result of referring
to it, is considered as the part of this clause. The number of
arbitrators shall be three (3). The seat, or legal place, or
arbitration shall be Toronto, Canada. The language of the
proceedings shall be English. The governing law of these Legal Terms
shall be substantive law of Canada. Restrictions The Parties agree
that any arbitration shall be limited to the Dispute between the
Parties individually. To the full extent permitted by law, (a) no
arbitration shall be joined with any other proceeding; (b) there is
no right or authority for any Dispute to be arbitrated on a
class-action basis or to utilize class action procedures; and (c)
there is no right or authority for any Dispute to be brought in a
purported representative capacity on behalf of the general public or
any other persons. Exceptions to Arbitration The Parties agree that
the following Disputes are not subject to the above provisions
concerning binding arbitration: (a) any Disputes seeking to enforce
or protect, or concerning the validity of, any of the intellectual
property rights of a Party; (b) any Dispute related to, or arising
from, allegations of theft, piracy, invasion of privacy, or
unauthorized use; and (c) any claim for injunctive relief. If this
provision is found to be illegal or unenforceable, then neither
Party will elect to arbitrate any Dispute falling within that
portion of this provision found to be illegal or unenforceable and
such Dispute shall be decided by a court of competent jurisdiction
within the courts listed for jurisdiction above, and the Parties
agree to submit to the personal jurisdiction of that court. 21.
CORRECTIONS There may be information on the Services that contains
typographical errors, inaccuracies, or omissions, including
descriptions, pricing, availability, and various other information.
We reserve the right to correct any errors, inaccuracies, or
omissions and to change or update the information on the Services at
any time, without prior notice. 22. DISCLAIMER THE SERVICES ARE
PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE
OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT
PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN
CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING,
WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO
WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF
THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE
APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY
OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF
CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF
ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE
SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE
SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE
SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN
ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND
INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED,
OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT,
ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR
SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES,
ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION
FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A
PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION
BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR
IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE
CAUTION WHERE APPROPRIATE. 23. LIMITATIONS OF LIABILITY IN NO EVENT
WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR
ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT,
LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE
OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS
OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE
AMOUNT PAID, IF ANY, BY YOU TO US DURING THE six (6) mONTH PERIOD
PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND
INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR
THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY
TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT
APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. 24.
INDEMNIFICATION You agree to defend, indemnify, and hold us
harmless, including our subsidiaries, affiliates, and all of our
respective officers, agents, partners, and employees, from and
against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due
to or arising out of: (1) your Contributions; (2) use of the
Services; (3) breach of these Legal Terms; (4) any breach of your
representations and warranties set forth in these Legal Terms; (5)
your violation of the rights of a third party, including but not
limited to intellectual property rights; or (6) any overt harmful
act toward any other user of the Services with whom you connected
via the Services. Notwithstanding the foregoing, we reserve the
right, at your expense, to assume the exclusive defense and control
of any matter for which you are required to indemnify us, and you
agree to cooperate, at your expense, with our defense of such
claims. We will use reasonable efforts to notify you of any such
claim, action, or proceeding which is subject to this
indemnification upon becoming aware of it. 25. USER DATA We will
maintain certain data that you transmit to the Services for the
purpose of managing the performance of the Services, as well as data
relating to your use of the Services. Although we perform regular
routine backups of data, you are solely responsible for all data
that you transmit or that relates to any activity you have
undertaken using the Services. You agree that we shall have no
liability to you for any loss or corruption of any such data, and
you hereby waive any right of action against us arising from any
such loss or corruption of such data. 26. ELECTRONIC COMMUNICATIONS,
TRANSACTIONS, AND SIGNATURES Visiting the Services, sending us
emails, and completing online forms constitute electronic
communications. You consent to receive electronic communications,
and you agree that all agreements, notices, disclosures, and other
communications we provide to you electronically, via email and on
the Services, satisfy any legal requirement that such communication
be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES,
CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF
NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR
COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or
requirements under any statutes, regulations, rules, ordinances, or
other laws in any jurisdiction which require an original signature
or delivery or retention of non-electronic records, or to payments
or the granting of credits by any means other than electronic means.
27. CALIFORNIA USERS AND RESIDENTS If any complaint with us is not
satisfactorily resolved, you can contact the Complaint Assistance
Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market
Blvd., Suite N 112, Sacramento, California 95834 or by telephone at
(800) 952-5210 or (916) 445-1254. 28. MISCELLANEOUS These Legal
Terms and any policies or operating rules posted by us on the
Services or in respect to the Services constitute the entire
agreement and understanding between you and us. Our failure to
exercise or enforce any right or provision of these Legal Terms
shall not operate as a waiver of such right or provision. These
Legal Terms operate to the fullest extent permissible by law. We may
assign any or all of our rights and obligations to others at any
time. We shall not be responsible or liable for any loss, damage,
delay, or failure to act caused by any cause beyond our reasonable
control. If any provision or part of a provision of these Legal
Terms is determined to be unlawful, void, or unenforceable, that
provision or part of the provision is deemed severable from these
Legal Terms and does not affect the validity and enforceability of
any remaining provisions. There is no joint venture, partnership,
employment or agency relationship created between you and us as a
result of these Legal Terms or use of the Services. You agree that
these Legal Terms will not be construed against us by virtue of
having drafted them. You hereby waive any and all defenses you may
have based on the electronic form of these Legal Terms and the lack
of signing by the parties hereto to execute these Legal Terms. 29.
CONTACT US In order to resolve a complaint regarding the Services or
to receive further information regarding use of the Services, please
contact us at: Qr-Build 15 Brin Dr. Toronto, Ontario M8X0B4 Canada
support@qr-build.com