Terms of Use (“Terms”)

Last updated: April 10, 2016

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the http://www.quizsumo.com website (the “Service”) operated by Quizsumo (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Disclaimer and limitation of liability

Quizsumo does its best to ensure that all information on the Website is accurate. If you find any inaccurate information on the Website please let Quizsumo know by sending an email to Web Services at webmaster@quizsumo.com and we will correct it, where we agree, as soon as practicable.

We give no warranty or assurance about the content of the Service. As the Website is under constant development its contents may be incorrect or out-of-date and are subject to change without notice. While we make every effort to ensure that the content of the Service is accurate, we cannot accept liability for the accuracy of all content at any given point in time.

We make every effort to ensure that our computer infrastructure is error- and virus-free but do not warrant that any material available for downloading from the Website will be free from infection, viruses and/ or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

Neither us or any of our sub-contractors shall be liable to you or any other party for any claim, loss, demand or damages whatsoever (whether such claims, loss, demands or damages were foreseeable, known or otherwise) arising out of or in connection with the use of the Service or information, content or materials included on the Website.
In no event shall we or any of our agents be liable to you for any indirect or consequential loss or damage including, without limitation, any;
– loss of actual or anticipated profits (including loss of profits on contracts);
– loss of revenue;
– loss of business;
– loss of opportunity;
– loss of anticipated savings;
– loss of good will;
– loss of reputation;
– loss or damage to or corruption of data;
– loss of use of money or otherwise,
and whether or not advised of the possibility of such claim, loss, demand or damages and arising in tort (including negligence), contract or otherwise, to the fullest extent permitted by law.

Aside from being a Publisher, Quizsumo is also a Distributor of content supplied by third parties and users of the internet. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or users, are those of the authors or distributors and not of us. We do not necessarily endorse nor are we responsible for the accuracy or reliability of any opinion, advice or statement made on the Website.

The information on the Website is not intended to address your particular requirements. Such information does not constitute any form of advice or recommendation by us and is not intended to be relied upon by you in making (or refraining from making) any specific educational, or other, decisions. You should take your own advice and/ or make specific inquiries and independently verify any information before relying upon it.

If you make an arrangement with anyone named in or connected with the Website this is at your sole risk.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Quizsumo.

Quizsumo has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Quizsumo shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Where we create a link from our Website to any website operated by you, we shall have the right to remove such link at any time without obtaining your prior consent. In the event that we do remove a link from our Website to any website operated by you, we shall in no way be liable for any loss, liability, cost or expense suffered by you as a result (whether direct or indirect) of such removal, including, without limitation to the foregoing generality, where such loss, liability, cost or expense results from a loss of search engine positioning, ranking, placement or optimization.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Governing Law

These Terms shall be governed and construed in accordance with the laws of New York, United States, 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 between us regarding the Service.

Copyright and other intellectual property

The Website contains copyright material, trade names and marks and other proprietary information, including, but not limited to, text, software, online games and quizzes, photos, videos and graphics (‘Content’). The Content is protected by copyright law, registered and unregistered trade marks, database rights and other intellectual property rights. The Content owned by Quizsumo is the sole property of Quizsumo. The Content on the Website owned by Third-Parties is their own property.

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit, any of the Content, in whole or in part except as provided in these Terms of use.

You may download information from the Website for your own personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without our express permission or that of the copyright owner. In the event of any permitted copying, redistribution or publication of copyright material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyright material.

Contributing to the website

Where you elect, or are invited, to submit any contribution or material to the Website (including any text, message board content, photographs, graphics, video, audio or logo) (‘Contribution’) or otherwise consent to the use of the Contribution, then by submitting the Contribution or consenting to its use, you grant Quizsumo a perpetual, royalty-free, non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your Contribution worldwide and/ or to incorporate your Contribution in other works in any media now known or later developed for the full term of any rights that may exist in your Contribution. If you do not want to grant to Quizsumo the rights set out above, please do not submit your Contribution to the Website. Quizsumo shall have no liability to you for any misuse by any third party of any Contribution that is distributed by us through the Website or in respect of any infringement of the intellectual property rights in any Contribution by any third party.

By submitting your Contribution to Quizsumo, you:
– warrant and represent that your Contribution:
(a) is your own original work and that you have the right to make it available to Quizsumo for all the purposes specified above and that it does not breach or infringe anyone else’s rights such as copyright or in is in any way illegal;
(b) is not defamatory, obscene, menacing, threatening, offensive, abusive, fraudulent or criminal, and will be offensive to the Users, especially when it relates to their age, gender, race, ethnicity, religion, sexual orientation, health, physical abilities or nutritional habits;
(c) will not and does not contravene any relevant local, national or international law or incite or encourage the contravention of any such law;
– agree at all times to follow our message board rules of posting, which will be shown next to the message board;
– agree to indemnify and keep Quizsumo indemnified on demand against all legal fees, damages and other expenses that may be incurred by Quizsumo as a result of your breach of the above warranty; and
– agree to waive any moral rights in your Contribution for the purposes of its submission to and publication on Quizsumo and the purposes specified above to the fullest extent permitted by law.

If you see any information on Quizsumo that breaches your or anyone else’s rights or may be illegal, defamatory or otherwise should be removed, let us know immediately by e-mailing Web Services at webmaster@quizsumo.com and, where we agree, we shall do our best to remove it as soon as possible.

We reserve the right to remove any Contribution from the Website (including any text, message board content, photographs, graphics, video, link, audio or logo) at any time and without notice and shall not be obliged to give a reason for doing so. In the event that we remove any Contribution from the Website we shall in no way be liable for any loss, liability, cost or expense suffered by you as a result (whether direct or indirect) of such removal.

We reserve the right to edit, remove postings to message boards, delete or use electronic methods to block or filter any Contribution left on or sent to the Website at our discretion, including without limitation any message that contravenes any of these Terms of use, but we do not have an obligation to do so.

We expect many of those contributing to our message boards to have strong views about the matters discussed, but the Website is subject to the laws of libel and you and we could be sued if you are not careful in what you say. You should not make libellous postings or any postings that are illegal or breach copyright, database or other related rights. It is your responsibility to check this. We do not accept any liability in this respect.

You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms, please contact us.