- Company is a Venue. Company acts as a venue to allow users who comply with Company’s policies to post quizzes, polls, and giveaways as well as find quizzes, polls, and giveaways to post. Company is not directly involved in the transaction between host, quiz takers and contestant unless specifically indicated that the quiz, poll, or giveaway is hosted by Company. As a result, Company has no control over the quality, safety, morality or legality of any aspect of the quizzes, polls, and giveaways listed, the truth or accuracy of the listings, the ability of hosts to provide items or the ability of contestants to qualify for items. Company cannot guarantee the true identity, age, and nationality of a user. You agree that Company is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by You, other users, or outside parties via Company’s Website. You use the Company’s products and or service at Your own risk.
- Licenses. We hereby grant You a non-exclusive, non-transferable, worldwide right to access and use the Website content, solely with supported browsers through the internet for Your own internal purposes, subject to the Terms of Service. You may not permit the Website to be used by or for the benefit of unauthorized third parties. Nothing in the Terms of Service shall be construed to grant You any right to transfer or assign rights to access or use the Website. You shall not use the Website or its contents in any jurisdiction where its contents or use is restricted or prohibited by law. You shall not use the Website for any purpose other than learning about Company, ordering and using its products and services, or maintaining Your customer account. All rights not expressly granted to You are reserved by Company and/or its licensors. You hereby grant Company, a limited, non-exclusive, non-transferable, royalty free, worldwide license to use Your logo on Our Website, blog posts and in other marketing materials. Any communication or material that You transmit to this site or to us, whether by electronic mail, post, or other means, for any reason, will be treated as non-confidential and non-proprietary. While You retain all rights in such communications or material, You grant Us and Our agents and affiliates a non-exclusive, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used. Please do not submit confidential or proprietary information to Us unless We have mutually agreed in writing otherwise.
- Proprietary Rights of Company. The Website consists of and contains proprietary rights owned by Company and its licensors. Unless We give You express written permission to the contrary, You may not copy or create derivative works of the Website for any reason, including utilizing framing technologies to enclose proprietary information. You also agree to not reverse engineer or access Our Website in order to build a competitive product or service, build a product using similar features, functions or graphics, or copy any features, functions or graphics. Any unauthorized use of Company’s intellectual property on a third party Website or for commercial purposes is expressly prohibited.
General Representations and Warranties. Each party represents and warrants to the other party that: (i) It is a legal entity and validly existing under the laws of its state and/or country of incorporation, as applicable; and (ii) It has the power and authority to execute and deliver this Agreement and to perform its obligations hereunder. You represent and warrant that You will not submit to or publish through forums or otherwise make available on this Website any content, or act in a way, which:
You agree that We may at any time, and at Our sole discretion, terminate Your membership, account, or other affiliation with Our site without prior notice to You for violating any of the above provisions. You agree that if a third party claims that material You have contributed to the Website is unlawful, You will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted (other than by Company) or privately transmitted on or through this Website are the sole responsibility of the sender, not Company, and that You are responsible for all material You upload, post or otherwise transmit to or through Our services. In addition, You acknowledge that We will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
- seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise in violation of any law including the Children’s Online Privacy Protection Act;
- infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights, trademarks, patents, or their rights of publicity; constitutes as any form of lottery or gambling;
- libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
- constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation:
- violates any law or may be considered to violate any law (including but not limited to Telephone Consumer Protection Act and laws regulating giveaways);
- advocates or promotes illegal activity;
- impersonates or misrepresents Your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
- includes programs which contain viruses, worms and/or 'Trojan horses' or any other computer code, files or programs designed to interrupt, overload, collapse, destroy or limit the functionality of any computer software or hardware or telecommunications;
- disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Website;
- amounts to a 'pyramid' or similar scheme;
- disobeys any policy or regulations established from time to time regarding use of this Website or any networks connected to this Website; or
- contains links to other sites that contain the kind of content, which falls within the descriptions set out at (a) to (l) above.
- Links. The Website may link to another Website under the control of a third party. These links are provided for convenience only. Company does not endorse, monitor, control or verify the contents of any third party Website and is not liable for anything accessed through a link.
- Limitation of Liability. IN NO EVENT SHALL COMPANY BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS OR LOSS OF BUSINESS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT OR OTHER THEORY OF LIABILITY, REGARDLESS OF WHETHER COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT SHALL COMPANY'S LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT EXCEED THE AMOUNTS EARNED BY COMPANY UNDER THIS AGREEMENT IN THE IMMEDIATE SIX MONTHS (6 MONTHS) FROM THE SERVICES, DELIVERABLES OR WORK PRODUCT GIVING RISE TO SUCH LIABILITY. THE DISCLAIMERS AND LIMITATIONS ON WARRANTY HEREIN APPLY TO THE MAXIMUM EXTENT ALLOWED BY LAW.
- Warranty Disclaimer: EACH PARTY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, UNINTERRUPTED SERVICE OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT COMPANY SPECIFICALLY DISCLAIMS ALL WARRANTIES RELATING TO THE WEBSITE SERVICES. THE SERVICES ARE PROVIDED ON AS "AS IS" AND "AS AVAILBLE" BASIS. NOTHING ON THE WEBSITE CONSTITUTES A WARRANTY ON COMPANY’S PRODUCTS OR SERVICES.
- Indemnity. You agree to indemnify and hold Company harmless against any damages, fees, and expenses (including reasonable attorney fees) related to a third party claim where such claim arises out of Your use of the product and services of the Company, including Your use of a link on a website or Your submission of information through the Website.
- Export. You agree that U.S. export control laws and other applicable export and import laws govern Your use of the Company Service, including Company technology. You represent that You are neither a citizen of an embargoed country nor prohibited end user under applicable U.S. export or anti-terrorism laws, regulations and lists. You agree not to use or export, nor allow a third party to use or export, the Company Service or technology in any manner that would violate applicable law, including but not limited to applicable export and import control laws and regulations.
- Governing Law. All disputes are governed by the laws of the state of California without regard to any conflict of law principles. You agree to personal jurisdiction by and exclusive venue in the state and federal courts in Alameda County, California, United States.
Claims of Infringement. If You believe that any content appearing on this Site infringes Your copyright rights, We want to hear from You. Please forward the following information in writing to Our Legal Department at the address listed below:
Company seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in USC section 512(c) or elsewhere.
- Your name, address, telephone number, and e-mail address;
- a description of the copyrighted work that You claim has been infringed;
- the exact URL or a description of each place where alleged infringing material is located;
- a statement by You that You have a good faith belief that the disputed use has not been authorized by You, Your agent, or the law;
- Your electronic or physical signature or the electronic or physical signature of the person authorized to act on Your behalf; and
- a statement by You made under penalty of perjury, that the information in Your notice is accurate, that You are the copyright owner or authorized to act on the copyright owner's behalf.
Oakland CA 94612
Term and Termination:
- Term of Agreement. This Agreement commences on the date You first use this Website and it continues until all subscriptions hereunder have expired or have been terminated.
- Term of Purchased Subscriptions. The term of each subscription is monthly or annualy. Except as otherwise specified in writing, subscriptions will automatically renew for additional monthly or annual periods, unless either party gives the other notice of non-renewal at least 30 days before the end of the relevant subscription term. The pricing during any automatic renewal term will be the same as that during the immediately prior term unless We have given You written notice of a pricing increase at least 60 days before the end of that prior term, in which case the pricing increase will be effective upon renewal and thereafter.
- Termination. A Party may terminate this Agreement for no cause upon 30 days written notice to the other party or terminate immediately upon notice to the other party if termination is due to breach of the terms of this Agreement.
- Refund or Payment upon Termination. If this Agreement is terminated by You, We will not charge the next payment fee after the effective date of termination. No refunds shall be offered, where a Service is deemed to have begun and is, for all intentions and purposes, underway. In no event will termination relieve You of Your obligation to pay any fees payable to Us for the period prior to the effective date of termination.
- Copyright Notice. Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this Website.
- Communication. Contact information can be found on Our Website or via the Company’s stated telephone, facsimile or mobile telephone numbers.
- Other. These terms contain the entire Agreement between You and Company with respect to Your use of the Services. Titles and headings of sections of this Agreement are for convenience only and shall not affect the construction of any provision of this Agreement. Any term held invalid by a competent court of law does not affect the validity and enforceability of the other terms herein.
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