End-User License Agreement
Last Revised: 5/20/2016
1.1 Subject to the terms and conditions of this EULA, QuizzClub grants You a limited, personal, non-transferable, non-exclusive, non-assignable, non-sub-licensable license to use and access the Services solely for your own personal, non-commercial use, and not for the use or benefit of any third party. Except as expressly provided herein, no other license, express or implied, is granted to You, and QuizzClub retains all right, title, and interest in and to the Services (including all related intellectual property rights). For the avoidance of doubt, You may not use the Services for any commercial or non-personal purpose without QuizzClub's express prior written permission.
1.2 QuizzClub may change, suspend or discontinue the Services (or any part thereof) at any time, including the availability of any feature or database, without notice or liability. In addition, QuizzClub may impose limits on certain features and services or restrict User’s access to the Services (or any part thereof) without notice or liability.
1.3 You are responsible for obtaining and maintaining any equipment, hardware, software or ancillary services required to access and use the Services, and for any fees charged by third parties in connection therewith (which may involve, inter alia, service provider fees or data charges), and QuizzClub shall have no responsibility or obligation in connection therewith.
1.4 This EULA will also govern any future upgrades or updates or new releases provided in this Website, unless any such upgrades or updates are accompanied by a separate license, in which case the terms of that separate license will govern.
1.5 Using some of the Services, such as creating your own questions, may require You to register by logging in to Your Facebook account. Please note that logging in is voluntary and that on registration QuizzClub will receive the following information: your public profile, e-mail address and any other data as delineated at the message presented to You at the time of registration or login. Please note that You may control the scope of information that is accessible to us by adjusting your Facebook account privacy settings. You are solely responsible for maintaining the confidentiality of your account's password and for all activities that conducted through your account, and hereby release QuizzClub from any and all liability concerning such activities. You shall not impersonate any person or entity or misrepresent your affiliation with any person or entity, including using another person's username, password or other account information. You also agree to promptly notify QuizzClub of any actual or suspected breach of security, unauthorized use of, or access to, your account involving or relating to this WebSite. Although QuizzClub will not be liable for your losses caused by any unauthorized use of, or access to, your account, You may be liable for the losses of QuizzClub or others due to such unauthorized use or access.
1.6 You acknowledge and agree that We may also collect periodically and use technical data, content and related information, including but not limited to technical information about your device, system software and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You related to the WebSite. QuizzClub may use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide or enable services or technologies to You.
2. QuizzClub's Content
2.1 All materials and contents displayed, included, incorporated, uploaded, posted, published, contributed, performed and/or used on this WebSite, including, without limitation, any games, quizzes, lists, feeds, text, graphics, logos, photographs, images, software, audio, video, animations and themes (collectively, "Content"), other than the User's Content (as defined below), are: (i) the sole property of QuizzClub and/or third parties (as applicable), (ii) protected by applicable intellectual property rights, including copyright laws, and (iii) intended solely for the personal use of QuizzClub's users and may only be used in accordance with the terms hereof.
2.2 All trademarks, service marks, and trade names (including the QuizzClub name and logo), whether registered or not, are proprietary of QuizzClub and/or third parties and you may not use and/or copy them, in whole or in part, without the prior written permission of QuizzClub or any relevant third party. In addition to any right or remedy available to QuizzClub in accordance to any applicable law, User shall abide by all copyright notices, information, and restrictions contained in any Content accessed through this Website.
2.3 No rights or licenses are granted, expressly or by implication, to You by QuizzClub with respect to any proprietary information, patent, copyright, trademark, trade secret, or other intellectual property right, whether registered or not, except as expressly provided in this EULA.
2.4 Except as explicitly specified herein, User may not download, copy, modify, publish, transmit, upload, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit, the Content or any part thereof. Without derogating from the generality of the aforesaid, downloading, copying, or storing any Content for any purpose (including, without limitation, for personal, noncommercial use) is expressly prohibited without prior written permission from QuizzClub, or from the copyright holder identified in the applicable Content's copyright notice.
2.5 QuizzClub does not have any responsibility for any Content contained in or accessed through the WebSite, and makes no warranties or representations concerning any such Content. In addition, QuizzClub will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the WebSite, and User irrevocably and fully releases QuizzClub from any and all responsibility and liability in connection with such Content.
3. User's Content and Submissions
3.1 Functionality on the WebSite may allow You to create and translate questions (the "User's Items") and to upload, post, incorporate and contribute Contents to this WebSite as part of the User's Items (together with the User's Items, the "User's Content"). All User's Content uploaded, posted, incorporated or otherwise contributed to the WebSite by User shall be owned by User (as between the parties hereto), but You are hereby granting to QuizzClub: (i) an irrevocable, perpetual non-exclusive, worldwide, royalty-free, fully paid, sub-licensable right and license, to use, exploit, copy, download, publish, display, make available to the public, distribute, amend, modify, create derivative works and store such User's Content and to allow others to do so for any purpose, including in order to provide or enable the Services; and (ii) an irrevocable, perpetual exclusive, worldwide, royalty-free, fully paid, sub-licensable right and license, to use, copy, download, publish, display, make available to the public, broadcast, distribute, amend, modify, create derivative works and store the User's Content for any purpose, including in order to provide or enable the Services (collectively the "User's Licenses"). For the avoidance of doubt, User's Licenses shall remain in full force and effect also after the termination of User’s membership to the WebSite and use of the Services, for any reason whatsoever.
3.2 User warrants and represents that: (i) the User's Content are accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations; and (ii) User has the full and unrestricted right and authority to grant the User's Licenses to QuizzClub and upload, post, incorporate and publish the User's Content though the Website, all without infringing or violating any copyrights, privacy rights, publicity rights, trademarks or any other contractual, intellectual property or proprietary of any third party. User further warrants and undertake that he/she/it shall be solely responsible for any User's Content that User shall create, submit, publish or share on the Website and for any damage or loss to User or any other third party resulting therefrom, and that User shall assume all risk in connection therewith. The User shall indemnify and hold QuizzClub or anyone on its behalf from any liability, cost, damage and expense (including reasonable legal fees) caused due to and/or by the User's Content, as further specified in section 9 bellow.
3.3 User expressly acknowledges and agrees that QuizzClub has no control over, and no duty to monitor or take any other action regarding which Contents are uploaded, posted or incorporated in or through this Website. QuizzClub reserves the right (but do not have any obligation) to remove, disable access, edit, modify or otherwise manipulate User's Content from the WebSite, at any time, without notice to You and for any reason (including, without limitation, upon receipt of claims or allegations from third parties relating to such User's Content or if We suspect that You may have violated this EULA).
3.4 Although QuizzClub will exercise reasonable efforts to preserve the materials stores on the WebSite, You are solely responsible for creating back-ups of your User's Content, and QuizzClub shall not be responsible or liable in any way for the failure to preserve your User Content.
3.5 In addition, if You send us feedbacks or suggestions via the WebSite e-mail or otherwise regarding the WebSite and/or the Services, You acknowledge that We may use them at our sole discretion, without any obligation to compensate You in any manner for such feedbacks or suggestions.
4. Links to Third Parties' Websites
5.1 QuizzClub respects the intellectual property of others and takes the protection of copyrights and any other intellectual property rights very seriously, and We ask our users to act the same. Accordingly, User warrants, represents and undertakes that User will not, and will not permit or authorize third parties to, use the Services in any way, and will not upload, display, post, incorporate and/or contribute to or through the WebSite any material or content (including User's Content), that: (a) infringes, violates, misuse or otherwise interferes with any copyright, patent, trademark, trade secret or other intellectual property right or contractual rights of any third party; (b) reveals any trade secret of others, unless User has procure the owner’s permission to do so.
5.2 User further warrants, represents and undertakes that User will not, and will not permit or authorize third parties to, use the Services in any way, and will not upload, display, post, incorporate and/or contribute to the WebSite any material or content (including User's Content), that: (a) is defamatory, abusive, harassing, threatening, racially, or constitute an invasion of a right of privacy of another person, or otherwise offensive, violent, vulgar, obscene, or otherwise harms or can reasonably be expected to harm any person or entity; (b) are illegal or encourages or advocates illegal activity; (c) post or transmit any communication or solicitation designed or intended to obtain password, account, or private information from any other user of QuizzClub; (d) post any false, inaccurate or incomplete material or delete or revise any material that was not posted by User; (e) contain viruses, trojan horse, worm, or any other computer programs designed to interrupt, destroy, or limit the functionality of the Website or any system, computer software, hardware or telecommunications equipment; (f) create a false identity or impersonate another person; (g) “stalk” or otherwise harass another or is antisocial, disruptive, or destructive, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet; or (h) violate any applicable local, state, national or international law or regulation.
5.3 In addition, except as expressly authorized herein, You will not, and will not permit or authorize third parties to: (a) take any action intended to circumvent or disable the operation of any security feature or measure of the WebSite; (b) publish, distribute, sell, disclose, market, sublicense, rent, lease, display, provide, transfer or make available the Services, or any portion thereof, to any third party; (c) decompile, reverse engineer, disassemble, enhance, or otherwise make any attempt to discover the source code of, modify, reproduce, or create derivative works from, the WebSite, the Services or any part thereof; (d) access any Content on the Website via automated means, including by crawling, scraping, caching or otherwise (except as may be the result of standard search engine protocols or technologies used by a search engine with our express consent); or (e) use the WebSite and/or the Services in any manner that is illegal or not authorized by this EULA.
6. Default and Termination
6.1 The license granted to You under this EULA is effective until terminated. QuizzClub may terminate or suspend your license, account and access to this WebSite and/or to the Services and/or to specific Content immediately, without prior notice or liability, if User breaches, or fail to comply with, any of the terms hereof, or in any case of fraudulent, abusive, or otherwise illegal activity. In which case, User’s right to use the Services, access the WebSite, and any Content will immediately cease. All provisions of this EULA which by their nature should survive termination of this EULA (including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability) shall remain in full force and effect following termination thereof, for any reason whatsoever. Termination of User’s access to and use of the WebSite and the Services shall not relieve User of any obligations arising or accruing prior to such termination or limit any liability which User otherwise may have to QuizzClub, including without limitation any indemnification obligations contained herein.
6.2 QuizzClub may also terminate or suspend your license, account and access to this WebSite and/or to the Services and/or to specific Content, without prejudice to any other rights or remedies which QuizzClub may have, immediately upon the occurrence of any of the following events: (i) You are involved in any voluntary or involuntary bankruptcy proceeding or any other proceeding concerning insolvency, dissolution, cessation of operations, reorganization or indebtedness or the like and the proceeding is not dismissed within thirty (30) days; (ii) You become insolvent or unable to pay your debts as they mature in the ordinary course of business or make an assignment for the benefit of your creditors; (iii) You become a party to a merger or consolidation, transfers all or substantially all of your business and/or assets to a third party and in QuizzClub’s sole opinion, a material conflict of interest occurs with respect to the retention of this WebSite; or (iv) QuizzClub believes that improper use of the Services has occurred or is about to occur.
6.3 You recognize and agree that the Services constitute commercially valuable materials of QuizzClub, and that the design and development of the Website, the Content and other materials reflects the effort of skilled development experts and the investment of considerable time and money. Accordingly, You acknowledge and agree that monetary damages will not be sufficient to compensate QuizzClub in the event of your actual or threatened breach or violation of this EULA, and that QuizzClub may be irreparably harmed by such breach or violation. Therefore, QuizzClub shall have the right to seek and obtain an injunction or any other remedies available to it in law and equity to remedy such breach or violation, including an appropriate decree of specific performance or any other appropriate equitable relief.
7. No Warranty
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE AND/OR SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS SOLELY WITH YOU. EXCEPT AS EXPRESSLY SPECIFIED OTHERWISE HEREIN, THE WEBSITE AND SERVICES ARE SUPPLIED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND. QUIZZCLUB DOES NOT WARRANT THAT THE USE OF THEM WILL BE UNINTERRUPTED, ERROR-FREE OR WILL MEET YOUR SPECIFIC REQUIREMENTS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO ANY APPLICABLE LAW, QUIZZCLUB MAKES NO REPRESENTATIONS AND DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE WEBSITE AND/OR SERVICES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AVAILABILITY, SECURITY, COMPATIBILITY, NON-INFRINGEMENT OR COMPLETENESS.
8. Limitation of Liabilities
IN NO EVENT SHALL QUIZZCLUB, ITS SHAREHOLDERS, DIRECTORS, OFFICERS OR EMPLOYEES, BE LIABLE FOR ANY PERSONAL INJURY, OR ANY SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INDIRECT DAMAGES, IN CONNECTION WITH OR ARISING OUT THE LICENSE GRANTED HEREIN OR YOUR USE OF OR INABILITY TO USE THE WEBSITE AND/OR SERVICES HOWEVER CAUSED, ON ANY THEORY OF LIABILITY AND REGARDLESS OF WHETHER QUIZZCLUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCLUDED DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, COMPUTER TIME, LABOR COSTS, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF PROFITS, LOSS OF SAVINGS, LOSS OF BUSINESS INFORMATION, OR LOSS OF USE OR INTERRUPTION OF BUSINESS, OR OTHER PECUNIARY LOSS. IN NO CASE SHALL THE AGGREATE LIABILITY OF QUIZZCLUB AND ITS SHAREHOLDERS, DIRECTORS, OFFICERS AND EMPLOYEES UNDER THIS EULA OR ARISING OUT OF OR OTHERWISE RELTATED TO YOUR USE OF THE WEBSITE AND/OR SERVICES EXCEED THE HIGHER OF (I) ONE HUNDRED US DOLLARS, OR (II) THE SERVICE FEE ACTUALY PAID (IF ANY) BY YOU TO QUIZZCLUB FOR THE WEBSITE AND/OR SERVICES.
TO THE FULLEST EXTENT PERMITTED BY LAW, QUIZZCLUB DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, RELIABILITY, AVAILABILITY, COMPLETENESS, OR OPERABILITY OF THE MATERIAL, CONTENT OR SERVICES PROVIDED ON THIS WEBSITE. BY USING THIS WEBSITE AND/OR THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT QUIZZCLUB IS NOT RESPONSIBLE OR LIABLE FOR ANY HARM, LOSS AND/OR DAMAGE RESULTING FROM AND/OR IN CONNECTION WITH THE USE AND/OR ACCESS THEREOF, INCLUDING WITHOUT LIMITATION, ANY HARM, LOSS AND/OR DAMAGE THAT: (I) RESULTS FROM THE SUSPENSION, MODIFICATION, DISCONTINUANCE OR LACK OF AVAILABILITY OF THE WEBSITE AND/OR THE SERVICES; (II) RESULTS FROM UNAUTHORIZED USE, TEMPORARY OR PERMANENT NON-PERFORMANCE OF THE WEBSITE, ERRORS OR OMISSIONS (INCLUDING, WITHOUT LIMITATIONS, DUE TO MAINTENANCE, UPGRADES AND REPAIRS OR DUE TO FAILURE OF TELECOMMUNICATIONS LINKS AND EQUIPMENT); (II) RELATES TO DOWNLOADING OR POSTING CONTENT; OR (III) RESULTS FROM ANY VIRUSES, WORMS, TROJAN HORSES, OR ANY SIMILAR CONTAMINATION OR DESTRUCTIVE PROGRAM.
Upon its first demand, You will indemnify and hold QuizzClub, its shareholders, directors, officers and employees, harmless from any liability, cost, damage and expense (including reasonable legal fees) caused due to and/or by Your access to the WebSite, use of the Services, violation of this EULA, or violation or infringement of any rights (including, without limitation, copyrights and/or other intellectual property rights) of a third party through use of the WebSite and/or Services.
11. Use of Website by Children
The WebSite and our Services are intended for the general audience and is not directed to children under the age of 13. By accessing this Website or using our Services, User certifies to QuizzClub that User is at least 13 years old. Children under the age of 13 may NOT access this Website or use our Services. We respect the privacy of parents and children and are committed to complying with the Children's Online Privacy Protection Act (COPPA). If a parent believes that his or her child has submitted personal information to us (including, e.g., a name, address, telephone number or email address), he or she can contact us via e-mail (at: email@example.com). We will promptly delete the information upon learning that it relates to a child under the age of 13.
12. Reporting of Intellectual Property Infringements
We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported using our DMCA Policy. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers. Our designated agent for notice of alleged copyright infringement on the Services is:
PO Box 373
Pine Valley, California 91962
Phone: (800) 804-7260
13. EULA Updates
14. Jurisdictional And Venue Issues
This EULA shall be governed by, and construed in accordance with, the laws of the State of Israel, excluding its conflict and choice of laws principles. You agree that any action at law or in equity arising out of or relating to this EULA or the WebSite shall be filed, and that venue properly lies, only in competent courts located in Tel-Aviv, Israel, and you hereby consent and submit to the exclusive jurisdiction of such courts for the purposes of litigating any such action.
15.1 QuizzClub may assign at any time any of its rights and/or obligations hereunder to any third party without User’s consent.
15.2 In the event that a court of competent jurisdiction finds any provision of this EULA to be illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect.
15.3 The failure of QuizzClub to enforce any right or provision in this EULA will not constitute a waiver of such right or provision unless acknowledged and agreed by QuizzClub in writing.
15.4 FACEBOOK DISCLAIMER: "This site is not a part of the Facebook website or Facebook Inc. Additionally, This site is NOT endorsed by Facebook in any way. FACEBOOK is a trademark of FACEBOOK, Inc."