Terms of Use
Latest Update: 17 March 2024.
Effective: 17 March 2024
1. Introduction and Overview.
These Terms of Use (“Terms”) set forth a legally binding agreement between you and Quill & Quaver Associates LLC (“Company”, “we”, “our”, or “us”) and govern your use of any Castle Gillian website; including all cloned versions, and all features, content, and other services that we own, control and make available (collectively, the “Service”).
Where additional Terms are applicable through the use of external and 3rd-party services (“Additional Terms”) to the extent there is a conflict between these Terms and any applicable Additional Terms, the Additional Terms will control unless they expressly state otherwise.
By using the Service, you agree to these Terms, and consent to our collection, use and disclosure practices, and other activities as described in our Privacy Policy at https://castlegillian.com/quill-quaver/terms-and-conditions/
2. Service Use
(i) Content.
The Service contains: (a) materials and other items relating to Company and its products and services, and similar items from our licensors and other third parties, including all layout, information, databases, articles, posts, text, data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Service, and the compilation, assembly, and arrangement of the materials of the Service and any and all copyrightable material; (b) logos, trade names, trade dress, service marks, and trade identities of various parties, including those of Company; and (c) other forms of intellectual property (all of the foregoing, collectively “Content”). All right, title and interest in and to the Service and the Content is the property of Company or our licensors or certain other third parties, and is protected by U.S. and international copyright, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible.
(ii) Limited License.
Subject to your strict compliance with these Terms and any applicable Additional Terms, Company grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to display, view, use and play the Content on a virtual or extended reality headset, personal computer, browser, laptop, tablet, mobile phone, or other internet-enabled device (each, a “Device”). It is forbidden to make any attempt, successful or otherwise to download Content from the website or any cloned version of Service. The foregoing limited license (a) does not give you any ownership of, or any other intellectual property interest in, any Content, and (b) may be suspended or terminated for any reason, in Company’s sole discretion, and without advance notice or liability. Your unauthorized use of the Content may violate copyright, patent, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
(iii) Accounts.
Certain features of the Service may require you to register an account. When registering an account, you agree to: (a) provide true, accurate, current and complete information; (b) maintain and update this information to keep it true, accurate, current and complete; (c) protect and prevent unauthorized access to your account; (d) not transfer or share your account with any third party; and (e) immediately notify us of any suspected or actual unauthorized use of your account or breach of security. Please note that you are solely responsible for all activities that occur under your account, whether or not you authorised the activity. We are not liable for any loss or damage to you or any third party arising from your failure to comply with any of the foregoing obligations.
(iv) Technical Requirements.
You are solely responsible for providing, maintaining and ensuring the compatibility of all hardware, software, electrical and other physical requirements necessary for your access and use of the Service or any part thereof.
Quality of service is functionally dependent upon the speed of Internet connection. A minimum connection speed for SD quality video is 0.5 Mbps. At its highest resolution (4K and or Ultra HD defined as a resolution of 1080p and higher) Company recommends a connection no less than 25 Mbps per stream. HD content (defined as a resolution of 720p or higher) requires a connection of no less than 5Mbs. Higher definition content is subject to your Internet service bandwidth and device capabilities.
You are responsible for all Internet access charges incurred in connection with your use of the Service. Please check with your Internet service provider for information on possible internet data usage charges. Please note that your use of the Service may count toward your data usage, depending on the terms of your agreement with your Internet service provider.
Company makes no representations or warranties about the quality of your viewing experience on any or all of your devices. The time it takes to begin watching Company Service on any given device will vary based on a number of factors, including your location, available bandwidth at the time and the configuration of your device. The quality of the display of Company Service may vary from device to device.
(v) Restrictions.
You may not: (a) use the Service or Content for any political or commercial purpose; (b) harvest any information from the Service or Content; (c) reverse engineer or modify the Service or Content; (d) interfere with the proper operation of or any security measure used by the Service or Content (e) infringe any intellectual property or other right of any third party; or (f) otherwise violate these Terms or any applicable Additional Terms. You agree to comply with all local, state, federal, national, foreign and international laws, statutes, ordinances, regulations, treaties, directives and agreements that apply to your use of the Service and Content.
(vi) Availability.
Company may suspend or terminate the availability of the Service and Content, in whole or in part, to any individual user or all users for any reason in Company’s sole discretion and without advance notice or liability. Upon suspension or termination of your access to the Service, or upon notice from Company, all rights granted to you under these Terms or any applicable Additional Terms will cease immediately and you agree that you will immediately discontinue use of the Service and Content.
(vii) Reservation of Rights.
All rights not expressly granted to you are reserved by Company and its licensors and other third parties. No right or license may be construed under any legal theory by implication, estoppel, industry custom or otherwise. Any unauthorised use of the Content or Service for any purpose is prohibited.
3. Copyright Infringement.
(i) DMCA Notification.
Company responds to copyright notifications submitted under the Digital Millennium Copyright Act, 17 U.S.C. § 512 (“DMCA”). To submit a notice of claimed copyright infringement under U.S. law, submit notice of a DMCA infringement to admin@quillandquaverassociates.com Be aware Company will assert to its fullest legal right that no copyright infringement is applicable to Service.
You can obtain further information from the Copyright Office’s online directory at www.dmca.copyright.gov/osp.
We will respond to notifications of claimed copyright infringement in accordance with the DMCA.
4. Registration.
Certain areas of the Service require payment before you can access them (“Registration”). For example, you will need to register in order to access some video content on our Service. We may additionally in limited circumstances include a special promotional offer with differing conditions and limitations. Any terms applicable to any given plan which differ materially from those described in these Terms will be disclosed during the account registration process or in other communications and any such terms are incorporated herein by reference.
Company may change the price for the Registration, from time to time, by posting the new price on its Service.
5. Customer Support.
If you have any questions or comments, you may contact the Castle Gillian by using the following link: https://castlegillian.com/quill-quaver/contact/
You acknowledge that the provision of support is at Company’s sole discretion and that we have no obligation to provide you with customer support of any kind. Please note that Customer Support Team personnel cannot change or waive these Terms of Use.
All legal notices to us must be emailed to: admin@quillandquaverassociates.com Attn: Legal. When you communicate with us electronically, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
6. Third Party Services.
Our Service contains content from and hyperlinks to websites, locations, platforms, and services operated and owned by third parties (“Third Party Services”). We may also integrate third party technologies into our Service and host our content on Third Party Services. These Third-Party Services are not owned, controlled or operated by us and you acknowledge and agree that we are not responsible or liable for the information, content, products, technologies, or services on or available from such Third-Party Services or for the results to be obtained from using them. If you choose to access, transact with, or otherwise interact with any such Third-Party Services, you do so at your own risk. For more information on Third Party Services, see our Privacy Policy at https://castlegillian.com/quill-quaver/privacy-policy/
7. Service Features.
(i). Wireless Device Features.
The Service may offer features that are available to you via your wireless Device including the ability to access the Service’s features. By using the Service, you agree that Company may collect information as described in our Privacy Policy which includes information related to your use of the Services via your wireless Device, and that Company may change, alter, or modify the settings or configurations on your Device in order to allow for or optimize your use of the Service. Data rates and other carrier fees may apply.
(ii). Location-Based Features.
If you have location-based features on your wireless Device, you acknowledge that your Device location will be tracked and shared consistent with the Privacy Policy. You can terminate location tracking by us by adjusting the permissions in your Device. Location-based features are used at your own risk and location data may not be accurate.
(iii). Communications.
You can opt-out of receiving Newsletter e-mails from us at any time by following the instructions as provided in e-mails to click on the unsubscribe link. Your opt-out will not affect non-promotional e-mails such as those about your account, transactions, servicing, or Company’s ongoing business relations. Please note that any opt-out by you is limited to the e-mail address used and will not affect subsequent registrations.
8. Agreement to Arbitrate Disputes and Choice of Law.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
We Both Agree to Arbitrate.
You and Company agree to resolve any claims relating to these Terms through final and binding arbitration, except to the extent you have in any manner violated or threatened to violate Company’s intellectual property rights (for example, patent rights, trade secret, or copyright). Under such circumstances Company may bring a lawsuit solely for injunctive relief to stop unauthorised use or abuse of the Service or intellectual property infringement (i.e., trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described herein.
Notwithstanding the foregoing, you and Company each consent to the other pursuing any claim that is within the jurisdiction of small claim court in that court instead of through arbitration, as long as the claim is brought on an individual basis. Prior to commencing an arbitration or small claims action, you and Company agree to negotiate in good faith regarding the resolution of the dispute in question for a period of 30 days. If the parties cannot reach an agreement to resolve the claim within that 30-day period, either party may then commence an arbitration proceeding or file a claim in small claims court.
(i). Arbitration Procedures.
The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures in front of one arbitrator. If there is a conflict between JAMS Rules and the rules set forth in these Terms, the rules set forth in this Terms will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at https://www.jamsadr.com. To initiate arbitration, you or Company must do the following things:
(a) Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a demand for Arbitration at www.jamsadr.com.
(b) Send three copies of the demand for Arbitration, plus the appropriate filing fee to: JAMS to your local JAMS office.
(c) Send one copy of the demand for Arbitration to Company by certified mail to the following address: Quill & Quaver Associates LLC, 1650 Broadway, Suite 1002, New York, NY 10019 Attn: Castle Gillian.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. The arbitration hearing may be by telephone or in-person. Disputes may also be resolved by submission of documents and without in-person or telephonic hearings as provided by the Rules. To the extent necessary, the locale of the hearing will be the county of the consumer’s home address or, at the consumer’s election, such other locale as mutually agreed to by the parties, or as determined by the arbitrator. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and, in that case, we will pay for your portion of the arbitration administrative costs (but not your attorneys’ fees). Arbitration under this agreement shall be held under New York law without regard to its conflict of its laws provisions. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
(ii). Authority of Arbitrator.
The arbitrator will decide the rights and liabilities, if any, of you and Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and
(iii). No Class Actions.
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
9. Disclaimer of Representations and Warranties.
THE SERVICE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. NEITHER COMPANY NOR ANY OF ITS OFFICERS, DIRECTORS, MANAGERS OR AGENTS (COLLECTIVELY, THE “COMPANY PARTIES”) MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER AS TO THE CONTENT OR OTHER SERVICES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND FREEDOM FROM COMPUTER VIRUS. BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM COMPANY INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD OR GROSS NEGLIGENCE.
10. Limitations of Our Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY PARTIES, AND RESPECTIVE OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES, LICENSEES, SUCCESSORS AND ASSIGNS BE LIABLE TO YOU FOR ANY LOSS, DAMAGE OR INJURY OF ANY KIND INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE LOSSES OR DAMAGES, OR DAMAGES FOR SYSTEM FAILURE OR MALFUNCTION OR LOSS OF PROFITS, DATA, USE, BUSINESS OR GOOD-WILL, ARISING OUT OF OR IN CONNECTION WITH (A) THE SERVICE, (B) THESE TERMS OR (C) YOUR MISUSE OF THE SERVICE OR ANY CONTENT AVAILABLE ON OR THROUGH THE SERVICE. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED ON CONTRACT, INDEMNIFICATION, TORT, STRICT LIABILITY, STATUTE OR ANY OTHER LEGAL OR EQUITABLE THEORY.
NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS HEREIN DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM COMPANY INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.
THE COMPANY PARTIES, AND RESPECTIVE OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES, LICENSEES, SUCCESSORS, AND ASSIGNS MAY ENFORCE THIS PROVISION AS A THIRD PARTY BENEFICIARY.
11. Indemnification.
You agree to defend, indemnify and hold harmless Company Parties from and against any and all claims, liabilities, damages, losses, costs and expenses (including, reasonable attorneys’ fees and costs) arising out of or in connection with any of the following: (i) your breach or alleged breach of these Terms; (ii) your Submissions; (iii) your misuse of the Service; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities; (v) your violation of the rights of any third party, including any intellectual property right, publicity, confidentiality, property or privacy right; (vi) your use of a Third Party Service; or (vii) any misrepresentation made by you. Company reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with Company’s defense of any claim. You will not in any event settle any claim without the prior written consent of Company.
This provision does not require you to indemnify us for any unconscionable commercial practice by us or for our fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Service.
12. Waiver of Injunctive or other Equitable Relief.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU WILL NOT BE PERMITTED TO OBTAIN AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND, SUCH AS ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, SUBMISSIONS, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY COMPANY OR A LICENSOR OF COMPANY.
13. Updates to Terms.
We reserve the right, at any time in our sole discretion, to modify or replace any part of these Terms and any applicable Additional Terms without prior notice, except as required by law. You agree that we may notify you of any updated Terms and any applicable Additional Terms by posting them on the Service so that they are accessible via a link from the home page, and/or to send you an e-mail to the last e-mail address you provided to us. All such changes are effective immediately when we post them, or such later date as may be specified in the notice of updated Terms and any applicable Additional Terms. If you object to any such changes, your sole recourse is to cease using the Service and cancel your Subscription.
14. General Provisions.
(i). Consent or Approval.
No Company consent or approval may be deemed to have been granted by Company without being in writing and signed by an officer of Company.
(ii). Survival.
The provisions of these Terms and any applicable Additional Terms, which by their nature should survive termination of your use of the Service, including sections on Service Use (except for the limited license), Submissions, Copyright Infringement, Registrations and Products, Customer Support, Third Party Services, Service Features, Agreement to Arbitrate Disputes and Choice of Law, Disclaimer of Representations and Warranties, Limitations of Our Liability, Indemnification, Waiver of Injunctive or Other Equitable Relief, Updates to Terms, and General Provisions, will survive.
(iii). Severability – Interpretation; Assignment.
If any provision of these Terms, or any applicable Additional Terms is for any reason deemed invalid, unlawful, void, or unenforceable then that provision will be deemed severable from these Terms or the Additional Terms and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the Additional Terms. You hereby waive any applicable statutory and common law that may permit a contract to be construed against its drafter. The summaries of provisions and section headings are provided for convenience only and shall not limit the full Terms. Company may assign its rights and obligations under these Terms and any applicable Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any applicable Additional Terms may not be assigned by you, and you may not delegate your duties under them without the prior written consent of an officer of Company.
(iv). Complete Agreement – No Waiver.
These Terms, and any applicable Additional Terms, reflect our complete agreement regarding the Service and supersede any prior agreements, representations, warranties, assurances or discussion related to the Service. Except as expressly set forth in these Terms or any applicable Additional Terms, (i) no failure or delay by you or Company in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms or any applicable Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.
(v). International Issues.
Company controls and operates the Service from Australia with certain aspects of Service controlled by and operated by Third-Party providers outside of Australia and Company makes no representation that the Service is appropriate or available for use beyond Australia. You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms or to any sale of goods carried out as a result of your use of the Service.
(vi). Investigations – Cooperation with Law Enforcement.
Company reserves the right to investigate and prosecute any suspected breaches of these Terms or the Service. Company may disclose any information as necessary to satisfy any law, regulation, legal process or governmental request.
(vii). California Consumer Rights and Notices.
Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254. Their website is located at: https://www.dca.ca.gov
15. Governing Law
These Terms shall be governed and construed in accordance with the laws of the Nation of Australia, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
