June 2008
This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Quizzaz.com website and affiliated websites. By using the Quizzaz Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Quizzaz Website) or you are a "Member" (which means that you have registered with Quizzaz). The term "User" refers to a Visitor or a Member. You are only authorized to use the Quizzaz Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. All users of the Quizzaz website are expected to abide by this Agreement and are expected to comply with all applicable laws, rules and regulations adopted by the Quizzaz that govern the conduct of users of this website. Please choose carefully the information and content you post on Quizzaz and that you provide to other users.
Read this Agreement carefully and save it. If you do not agree with it, you should leave the Quizzaz Website and discontinue use of the Quizzaz Services immediately. If you wish to become a Member, communicate with other Members and make use of the Quizzaz Services, you must read this Agreement and indicate your acceptance during the Registration process.
This Agreement includes Quizzaz's policy for acceptable use of the Quizzaz Services and Content posted on the Quizzaz Website, your rights, obligations and restrictions regarding your use of the Quizzaz Services and Quizzaz's Privacy Policy.
Quizzaz may modify this Agreement from time to time and such modification shall be effective upon posting by Quizzaz on the Quizzaz.com Website. You agree to be bound to any changes to this Agreement when you use the Quizzaz Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Quizzaz reserves the right to remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Quizzaz website at any time, for any or no reason, with or without prior notice, and without liability. Quizzaz expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of Quizzaz website if Quizzaz determines that you pose a threat to the Quizzaz website and/or its users.
The Quizzaz website is for the personal use of members, invited guests and visitors only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Quizzaz. Illegal and/or unauthorized use of the Quizzaz website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Quizzaz website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from member profiles without notice and may result in termination of online membership privileges. Appropriate legal action may be taken for any illegal or unauthorized use of the Quizzaz website.
Your Quizzaz online profile may not include photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Quizzaz website users (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Quizzaz assumes no responsibility or liability for this material. If you become aware of misuse of the Quizzaz website by any person, please click on the pertinent "Report Abuse" link or contact abuse@quizzaz.com.
Except for content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Quizzaz website. Quizzaz Content is protected by copyright, trademark, patent, trade secret and other laws, and Quizzaz owns and retains all rights in the Quizzaz Content and the Quizzaz Services. Quizzaz hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Quizzaz Content (excluding any software code) solely for your personal use in connection with viewing the Quizzaz Website and using the Quizzaz Services.
The Quizzaz Services contain Content of Users and other Quizzaz licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Quizzaz Services.
Quizzaz does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Quizzaz the following worldwide, royalty-free and non-exclusive license(s), as applicable:
1. With respect to Content you submit or make available for inclusion on publicly accessible areas of Quizzaz, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific property to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Quizzaz removes such Content from the Service.
2. With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than Quizzaz, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Quizzaz removes such Content from the Service.
3. With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
You are solely responsible for your interactions with other Quizzaz users. Quizzaz reserves the right, but has no obligation, to monitor disputes between you and other users.
The following is a partial list of content that is illegal or prohibited to post on or through the Quizzaz website. Quizzaz reserves the right to take appropriate legal action against anyone who, in Quizzaz's sole discretion, violates this provision. This may include removing the offending website communication and terminating website access of such violators. Prohibited or illegal content includes, but is not limited to content that:
• promotes information is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
• solicits personal information from anyone under 18;
• contains restricted or password-only access pages or images;
• harasses or advocates harassment of another person, exploits people in a sexual or violent manner, or promotes racism, hatred or physical harm toward any individual or group;
• contains nudity, violence, or offensive subject matter or links to an adult website;
• uploads, promotes or transmits an illegal or unauthorized copy of another person's copyrighted work, or provides information to circumvent manufacturer-installed copy-protected devices;
• promotes any criminal activity or provides instructional information about activities such as, but not limited to, violating someone's privacy, transmitting or creating computer viruses, or making or buying illegal weapons;
• solicits passwords or personal identifying information for commercial or illegal use;
• promotes commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
• contains a photograph of another person that you have posted without that person's consent;
• involves fraud, obscene material, child pornography, drug dealing, gambling, harassment, or sending of viruses or other harmful files;
• includes advertising to, or solicitation of, any member to buy or sell any products or services through the Quizzaz website, except in the areas of the Quizzaz website where such advertising or solicitation is expressly authorized;
You may not transmit any chain letters or junk email to other members. Other examples of conduct that violate these rules are:
• using any information obtained from the Quizzaz website in order to contact, advertise to, solicit, or sell to any member without their prior explicit consent;
• using scripts to send messages or add friends;
• interfering with, disrupting, or creating an undue burden on the Quizzaz website or the networks or services connected to the Quizzaz website;
• attempting to impersonate another user or person;
• using the account, display name or password of another user at any time or disclosing your password to any third party or permitting any third party to access your account;
• using any information obtained from the Quizzaz website in order to harass, abuse or harm another person;
• displaying an advertisement on your profile, or accepting payment or anything of value from a third party in exchange for your performing any commercial activity on or through the Quizzaz website on behalf of that party, including placing commercial content on your profile, or posting stories, selecting a profile or sending private messages with a commercial purpose;
• covering or obscuring the banner advertisements on your personal profile page, or any Quizzaz page via HTML/CSS or any other means; or,
• using the Quizzaz website in a manner not consistent with any and all applicable laws and regulations.
Quizzaz is not responsible for and makes no warranties, express or implied, as to the accuracy and reliability of the User Content posted on or through the Quizzaz Services, whether caused by Users of the Quizzaz Services or by any of the equipment or programming associated with or utilized in the Quizzaz Services. Content is not generally reviewed by Quizzaz prior to posting and does not necessarily reflect the opinions or policies of Quizzaz. Quizzaz may delete any content that violates this Agreement or which may be offensive, illegal or threaten the safety of any person.
Quizzaz may include links that will take you to other sites outside of the Site ("Linked Sites"). The Linked Sites are provided by Quizzaz to you as a convenience and the inclusion of the links do not imply any endorsement by Quizzaz of any Linked Site. Quizzaz has no control of the Linked Sites and you therefore acknowledge and agree that Quizzaz is not responsible for the contents of any Linked Site, any link contained in a Linked Site or any changes or updates to a Linked Site. You further acknowledge and agree that Quizzaz is not responsible for any form of transmission (e.g. webcasting) received from any Linked Site.
USE OF THIS SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. YAQUIZ EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, YAQUIZ MAKES NO WARRANTY OR GUARANTEE THAT THIS WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.
IN NO EVENT WILL YAQUIZ BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEB SITE OR ANY USE OF THIS WEB SITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEB SITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF YAQUIZ IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.
You agree to indemnify and hold Quizzaz.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Quizzaz Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Quizzaz Website or through the Quizzaz Services causes Quizzaz.com to be liable to another.
Your acceptance of the terms of this Agreement (as well as the
Privacy Policy applicable to the Quizzaz website) is effective upon your use of the Quizzaz website and is further affirmed by you becoming a member of this online community. This Agreement (and such Privacy Policy) constitutes the entire agreement between you and Quizzaz regarding the use of this website. The failure of Quizzaz to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact the Quizzaz at contact@quizzaz.com if you have any questions regarding this Agreement.