Terms of Service
Welcome to the User Agreement for Quizzem.com (“Quizzem”). This User Agreement (this “Agreement”) describes the terms of service under which you may access the Quizzem website and use the Quizzem Program (defined below). Before you can use the Quizzem website or participate in the Quizzem Program, you must read and accept all of the terms and conditions of this Agreement and the Quizzem Privacy Policy (the “Privacy Policy”), which policy is incorporated herein by this reference and constitutes a part of this Agreement. This Agreement sets out the legally binding terms of your use of the Quizzem Program. In the event of any inconsistency between the Privacy Policy and this Agreement, this Agreement shall control. As used in this Agreement, the terms “you”, “your” or “user” all refer to the person or entity that uses, becomes a member of, or accesses the Quizzem Program. Nothing in this Agreement shall be deemed to confer any rights or benefits to any third parties. If you do not agree to be bound by the terms of this Agreement, you may not use, subscribe to, or participate in the Quizzem Program.
The Agreement constitutes the entire agreement between you and Quizzem and governs your use of the Quizzem Service, superseding any prior agreements, communications and proposals between you and Quizzem in their entirety. Notwithstanding the foregoing, Quizzem reserves the right to modify this Agreement at any time, and without prior notice, by posting any such amended terms on its website. Your continued use of the Quizzem website and participation in the Quizzem Program indicates your acceptance of the amended Agreement, and you are responsible for reviewing such amended terms and conditions from time to time.
Description of Service
Quizzem provides free memberships to users to allow them to create quizzes and share them with their friends. In addition, users can earn prizes by creating quizzes and having others take them.
User Eligibility
Minors under the age of 13, or minors between the ages of 13 to 18 years old that do not have their parents consent to participate in the Quizzem Program, and users that have been suspended, removed or otherwise terminated, for any reason, by Quizzem from the Quizzem Program, are prohibited from using the Quizzem website and the Quizzem Program. Users may not have more than one account. Additionally, users are prohibited from selling, trading, or otherwise transferring their Quizzem account to another party. If under the terms of this Agreement you are not eligible to participate in the Quizzem Program, you may not use, subscribe to or access the Quizzem website or the Quizzem Program.
Use of the Quizzem Program
Your use of the Quizzem Program is governed by this Agreement. Upon signing up to become a Member, Quizzem will provide you with a password and account number. You are responsible for maintaining the confidentiality of your password and account, and you are responsible for all activities that occur under your password or account, with or without your knowledge. If you knowingly provide your password or account information to another person, your account may be terminated. You may not use another Member’s account at any time. Quizzem will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may be held liable for losses incurred by Quizzem or another party due to someone else using your account or password. Quizzem will not be liable for any loss or damage arising from your failure to comply with this section.
Third-Parties
Quizzem may at times present you, the user, with special offers and opportunities throughout your experience on our website. Your participation in these programs is optional and is entirely optional. Quizzem is not responsible for any content provided by the Third-Parties, and your participation in their programs is governed by their separate Terms of Service and Privacy Policies. Members are solely responsible for any charges incurred by participation in Third-Party programs.
Member Obligations
In consideration of your membership and access to the Quizzem Program, you agree:
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To provide true, accurate, current and complete information about yourself and others to Quizzem and to the Third-Parties;
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You are 13 years of age or older (You must be at least 13 years of age to be a Member), and if you are under 18 years of age you have obtained your parents consent for you to participate in the Quizzem program;
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To comply with all local, state, federal, international or other applicable laws, including but not limited to, rules regarding acceptable online conduct, and not to use Quizzem or the Quizzem Program to participate in any fraudulent, illegal, or patently unethical activities;
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Not to participate in any illegal activities with the intention of advertising or mentioning Quizzem or that relate to the Quizzem Program in any way, including but not limited to, “spamming” your Quizzem URL via email, on message boards, social networking sites, or anywhere else;
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To have only one Quizzem membership and account and not to attempt to open multiple accounts or memberships, as Quizzem only allows one account per person;
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Not to refer oneself to Quizzem or to attempt to do so;
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Not to post content or to initiate communications on the Quizzem website, which are unlawful, defamatory, abusive, obscene, indecent, discriminatory, or otherwise objectionable.
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Not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained from Quizzem’s website or the Quizzem Program without Quizzem’s prior written approval;
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Not to upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
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Not to abuse, stalk, threaten or harass anyone or otherwise violate the legal rights (such as the rights of privacy and publicity) of others in your use of the Quizzem Program and the Quizzem website; and
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Not to interfere with or disrupt the Quizzem Program or servers or networks connected to the Quizzem Program, or disobey any requirements, procedures, policies or regulations of networks connected to the Quizzem Program.
IF ANY MEMBER IS FOUND, IN THE SOLE DISCRETION OF QUIZZEM, TO BE IN VIOLATION OF THE ABOVE REQUIREMENTS, HIS OR HER ACCOUNT WILL BE TERMINATED AND HE OR SHE WILL BE REMOVED FROM THE QUIZZEM PROGRAM. SUCH MEMBER SHALL ALSO FOREGO ANY CLAIM TO COMPENSATION THAT WOULD HAVE OTHERWISE BEEN PAID PURSUANT TO THE QUIZZEM PROGRAM.
Prizes and Payment
So long as Member’s account is found to be in good standing and in full compliance with these Terms of Service, prizes purchased by a user using their QPs will typically be sent within 20 days after the end of the month.
Communication from Quizzem
Quizzem will communicate with you through email, through notices posted on this website or as otherwise determined by Quizzem. Quizzem may send Quizzem newsletters to your email address. By becoming a member of Quizzem, you agree that Quizzem has the right to use your email address as set forth herein and in Quizzem’s privacy policy.
Limitation of Liability
You expressly understand and agree that Quizzem shall not be liable for any direct, indirect, incidental, punitive, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Quizzem has been advised of the possibility of such damages) arising out of or in any way connected with your use of or performance of Quizzem Program and/or the Quizzem website, whether based on contract, tort, negligence or strict liability. If you are dissatisfied with any portion of the Quizzem Program and/or the Quizzem website, your sole and exclusive remedy is to discontinue using the Quizzem Program. Some jurisdictions do not allow the limitation of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. If the laws of one of those jurisdictions applies, and Quizzem is found responsible for any damages to you, you expressly acknowledge that Quizzem’s total cumulative damages to you (whether at law or in equity) shall not exceed $100 in United States’ currency. The provisions of this section survive the termination or expiration of this Agreement.
Non-Commitment
Quizzem does not have any commitment toward any Members, past or present. Quizzem may at anytime, for any reason, with or without notice, discontinue the Quizzem Program for one or all of its Members. After said discontinuation, Quizzem remains without commitment to any Members, past or present, of the Quizzem Program.
Ownership
You agree that Quizzem.com retains all rights and full ownership of any content generated on the Quizzem site. This includes, but is not limited to, any quizzes created through the Quizzem.com program.
Account Termination
You agree that Quizzem may, with or without cause, immediately terminate your membership, account and access to the Quizzem Program without prior notice. Without limiting the foregoing, the following will lead to a termination by Quizzem of your use of the Quizzem Program: (a) a breach or violation of this Agreement or other agreements or guidelines referred to herein, (b) a request for termination by law enforcement or other government agencies, (c) a request by you, (d) unexpected technical issues or problems, and (e) an inactive account (an inactive account is an account that is not accessed in the last 90 days). Termination of your Quizzem account includes removal of access to all Third-Party offers within the Quizzem Program and may also bar you from further use of the Quizzem Program. Furthermore, you agree that all terminations shall be made in Quizzem’s sole discretion and that Quizzem shall not be liable to you nor to any third-party for any termination of your membership, your account or access to the Quizzem website.
Indemnity
By accepting the terms of this Agreement, you agree to indemnify, defend and otherwise hold harmless Quizzem, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential, punitive or exemplary damages resulting from: (i) your membership and/or participation in the Quizzem Program; (ii) your use of the Quizzem website and name; (iii) your violation of this Agreement; (iv) your violation of the rights of another; and (v) any other matter relating to Quizzem or the Quizzem Program. Any communications and/or transactions which arise between a Member and the Third-Parties, between Members, or between any Member and other users of the Quizzem website are the sole responsibility of the parties to those communications and/or transactions, and Quizzem shall not be considered a party to any such communications and/or transactions.
Without limitation of the terms and conditions set forth in the Privacy Policy, which is incorporated into this Agreement, you understand and agree that Quizzem may disclose personally identifiable information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce this Agreement, or protect the rights, property, or the safety of Quizzem, its users, and the public.
Monitoring and Enforcement
While Quizzem has the right to monitor activity and content associated with the Quizzem Program and website, Quizzem is not obligated to do so. Since Quizzem does not, and may not have the ability to, control or actively monitor content posted by Members or users on the Quizzem website, Quizzem does not guarantee content accuracy, integrity or quality. Because community standards vary and individuals may sometimes choose not to comply with Quizzem’s policies and practices, in the process of using the Quizzem website, you may be exposed to content that you find offensive or objectionable. You can contact Quizzem regarding the content that you find objectionable. Quizzem may investigate complaints and violations of Quizzem’s policies that come to Quizzem’s attention and may take action that Quizzem believes is appropriate, including but not limited to, issuing warnings, removing the content or terminating accounts and/or memberships. However, because situations and interpretations vary, Quizzem also reserves the right not to take any action. As a user of the Quizzem Program, you acknowledge and agree that under no circumstances will Quizzem be liable in any way for any content, including but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the Quizzem website.
Governing Law
The Agreement between you and Quizzem will be governed by and construed in accordance with the laws of the State of Nevada, without regard to conflict of laws principles, and you hereby consent to the exclusive jurisdiction and venue of the courts in Clark County, Nevada, U.S.A., in all disputes arising out of or relating to Quizzem and the use of the Quizzem Program.
Software and Trademarks
The Quizzem logo and names are Quizzem’s intellectual property. You agree not to display or use the logo or names, or the name of “Quizzem.com” except as allowed pursuant to the Promotion Center. Further, all content that is made available to view in connection with the Quizzem Program excluding content that may be made available by end-users through a linked site, is owned by and is the copyrighted work of Quizzem and is protected by copyright laws and international treaty provisions.
Disclaimer of Warranties
You understand and agree that the Quizzem Program is provided on an “as is” and “as available” basis, and that Quizzem does not assume any responsibility for prompt or proper delivery or retention of any user information or communications between users. Quizzem assumes no responsibility for the accuracy or existence of any communications between users. Quizzem expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Quizzem makes no warranty that: (i) the Quizzem Program will meet your requirements, (ii) the Quizzem Program will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from use of the Quizzem Program will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Quizzem Program will meet your expectations, and (v) any errors in Quizzem software will be corrected.
Any material downloaded or otherwise obtained through the use of the Quizzem Program is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from Quizzem or through or from the Quizzem Program shall create any warranty not expressly stated in this Agreement.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
General Information
The section titles of this Agreement are displayed for convenience only and have no legal effect. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Quizzem as a result of this Agreement or use of the Quizzem Program. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Use of the Quizzem Program is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
Last Updated: May 29th, 2009
