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Terms of Use
QuizSense Technologies, Inc.
 
Acceptance of Terms

The services that we provide to you are subject to the following Terms of Use. These Terms of Use are a contract between yourself and Quizsense Technologies, Inc. ("Quizsense Technologies," "we" or "us") and should be read carefully before you register, use or access any of the Quizsense™ website games, quizzes, products, features or links.


By visiting this website you agree to its Terms of Use. At any time, we may amend these Terms of Use (including by modification, deletion and/or addition of any portion thereof). If we make a material amendment to these Terms of Use, we will notify you of such amendment by posting notice of such on the websites covered by these Terms of Use. Any such amendment to these Terms of Use will be effective 30 calendar days following our posting of notice of the changes on the websites. Please be sure to return to this page periodically to review the most current version of the Terms of Use. We reserve the right, at any time and at our sole discretion, to change or otherwise modify the Terms of Use without prior notice, and your continued access or use of this website signifies your acceptance of the updated or modified Terms of Use.


A separate Privacy Policy contains the details regarding what information QuizSense Technologies collects and how it is used.

 
Eligibility Restrictions

By registering, using or accessing any feature of the QuizSense website you are certifying that you are not under the age of 13. This website and its contents are limited to those who are age 13 or older.

 
Member Account, Password and Security

In order to access many of the features on the QuizSense™ site you will have to register and open an account with us. You will be asked to provide us with certain current, complete and accurate information. (For more on what information we require please see our Privacy Policy). In opening your account we will also ask you to choose a username and password. You are entirely responsible for both maintaining the confidentiality of your username and password, and for any and all activity that occurs through, under and in your account. You agree to notify us immediately should you suspect or know of any unauthorized use of your account or any other breach of security. QuizSense Technologies is not responsible for any loss you may incur as a result of someone else using your use name and password, whether with or without your knowledge or consent. You may, however, be held responsible for any damage or injury we incur should someone else use your username and password. You also agree that you will not use any other account holder's username and password, without their permission, to access their account at any time.

 
Services

We offer you access to a variety of services ("Services") through our site. These Services include the ability to create quizzes and post for others to participate, to play quizzes created by other users, to play quizzes created by us, to participate in quiz competitions and tournaments, to access message boards other messaging features, mobile-device access to site and quizzes, imaging and information posted by other users, subscription services, product information and more.


QuizSense Technologies does not guarantee uninterrupted, continuous or absolutely secure access to the Services offered. There may be interference in the Services we, or those we have contracted with, provide by third parties or by circumstances beyond our control. We may also conduct periodical maintenance, updates or improvements which may require the temporary cessation of Services on, or access to, the site.

 
Unlawful or Prohibited Use

As a condition of your use of the Services, you agree that you will not use the Services for any purpose that is unlawful or prohibited by these Terms of Use and any other conditions and notices provided. You may not use the Services in any manner that could damage, disable, overburden, or impair any of our servers, or the network(s) connected to any of our servers, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other user accounts, computer systems, personal information of any other user, networks connected to any QuizSense Technologies server, or to any Services, through hacking, cracking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

 
Use of Services
Use Limitations

By visiting the QuizSense™ website you agree to the following limitations when using the Services:

i. You may not reproduce, disseminate, copy, modify, alter, publish, license, create derivative works from, transfer or sell any information, Services, software or products obtained from the QuizSense™ website.;
ii. You may use the Services offered only in accordance with these Terms of Use;
iii. You may not use the site or any of the features or Services it offers in order to promote a website, product or service;
iv. You may not use any data mining, information gathering or other automated methods through which information in collected while connected to the QuizSense™ website
v. You agree to behave in a mature manner in all postings and communications at all times
vi. You may not create more than one account for yourself, or for any other person
vii. You agree not to many any attempts at reverse engineering our proprietary software, at breaching security measures, or otherwise entering into or using the QuizSense™ site for reasons other than entertainment or utilize our Services.
Content Contributions and Communications

The Services offered on the site may also include message boards, email, communities, chat or bulletin board services, user created quizzes and/or other communication methods designed for communication between users ("Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:

Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses.
Violate any applicable laws or regulations.
Create a false identity for the purpose of misleading others.
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.

QuizSense Technologies has no obligation to monitor the Communication Services. However, we reserve the right to review materials posted to the Communication Services and to remove any materials in our sole discretion.


We reserve the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.


We reserve the right at all times to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.


Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Services. We do not control or endorse the content, messages or information found in any Communication Services and, therefore, we specifically disclaim any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services and you agree that you waive any claims against us relating to the same, and to the extent such waiver may be ineffective, you agree to release any claims against us relating to the same. Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.

 
Materials Provided to Us or Posted on the QuizSense™ Website

QuizSense Technologies disclaims any responsibility regarding any views, opinions, expressions and content of the Submissions. Submissions, for the purposes of this Terms of Use is defined as any materials provided through our Services, Communication Services, and through those, or any other means, is Posted on the QuizSense™ website.


However, by uploading, posting, messaging, providing, submitting or inputting materials anywhere on the QuizSense™ site ("Posting"), your grant us (QuizSense Technologies, Inc) and any of our affiliates or necessary third-parties requiring sublicenses, permission to use your Submission in connection with the Services and products offered on the QuizSense™ website as well as in any way we deem it appropriate in order to operate the website business. Also by Posting your Submission, you are agreeing to grant us the license rights to, without limitation, copy, reproduce, edit, reformat, distribute, disseminate, transmit, create derivative works from and publicly display your Submission, to display certain personal information in connection with the Submission (such as username or email) and to sublicense any or all of these rights to any supplier of the Services.


No compensation will be paid with respect to the use of your Submission, as provided herein. We are under no obligation to post or use any Submission you may provide and we may remove any Submission at any time in its sole discretion.


By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

In addition to the warranty and representation set forth above, by Posting a Submission you warrant and represent that:

(a) You are the copyright owner of such content, or that the copyright owner of such content has granted you permission to use such content and/or images contained in such submission consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the Services,
(b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and
(c) that each person depicted in such content, if any, has provided consent to the use of their likeness as set forth in these Terms of Use, including, by way of example, and not limited to, the distribution, public display and reproduction of such Submissions.

By Posting images, you are granting (a) to all QuizSense™ subscribers, and/or (b) to the general public (for each such image available anywhere on the Services, other than those forums or Services restricted to QuizSense™ subscribers), permission to use your images in connection with the use, as permitted by these Terms of Use, of any of the Services, (including, by way of example, and not limited to, making prints and gift items which include such images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Images without having your name attached to such Images, and the right to sublicense such rights to any supplier of the Services.


The licenses granted in the preceding sentences for any images will terminate at the time you completely remove such images from the Services, provided that, such termination shall not affect any licenses granted in connection with such images prior to the time you completely remove such images. No compensation will be paid with respect to the use of your Images or Posted content.


Quizsense Technologies is not, and does not hold itself out to be a "e;Censor"e; or "e;Monitor"e; and neither censors nor monitors the QuizSense™ website Submissions, including any information, data, images or content uploaded or Posted on the QuizSense™ website. We disclaim all responsibility for any material or content uploaded of Posted on any messaging forums in which QuizSense Technologies has established (or will do so in the future).

 
Links to Third Party Sites

We do not control any website to which links on the QuizSense™ website may take you to. These websites, are operated by independent third parties whose views, content and materials are not those of QuizSense Technologies. We do not control and are not responsible for these other websites' contents, practices or policies. We are not responsible for any webcasting or any other form of transmission received from any linked website. Our inclusion of any link does not imply our endorsement of such site or any association with their operators. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature.

 
Unsolicited Idea Submission Policy

We do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when our products or marketing strategies might seem similar to ideas submitted to us. If, despite our request that you not send us your ideas and materials, you still send them, please understand that we make no assurances that your ideas and materials will be treated as confidential or proprietary.

 
Disclaimer as to Accuracy of Content

This applies to the general content as well as the Services (in particular, the quizzes) on our website:


It is our goal to be as accurate as possible when researching content for and creating quizzes for the QuizSense™ site and Services, however, we do not warrant that the content of these quizzes is reliable, accurate, complete, current or error-free.


Our Services also allow users to contribute in creating quizzes, commenting, messaging and more. We have no obligation to review the content contributed by users and ensure that quizzes, messages, results or other contributions are correct or accurate. QuizSense Technologies cannot and does not guarantee the completeness or accuracy of any of the content on the site. We provide content for entertainment purposes only and it is ultimately your responsibility to validate the content originating from QuizSense™ Services.

 
Copyright Notice

© 2008 QuizSense Technologies, Inc. All rights reserved.


All content on the QuizSense website is protected by U.S. and International copyright laws and is the sole property of QuizSense Technologies, Inc. By agreeing to these Terms of Use you also agree not to electronically copy, reproduce, transmit or disburse any of the content, including, but not limited to, quizzes, games, discussion board postings and QuizSense Technologies' policies and agreements.

 
General

We may terminate your right to view, browse, access and/or use the website, Services or any feature or part of the website at any time, without notice to you. If we terminate your right to view, browse, access and/or use the website, or any feature or part of the website, the restrictions imposed on you with respect to any Services, content, Postings or other materials downloaded from the website, the prohibition on certain conduct, disclaimers, your representations, your indemnity, and the limitations on liability included in these Terms of Use shall survive such termination.


These Terms of Use and your use of the site and Services shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions, and applies to claims for breach of these Terms of Use. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.


You can recover from us and our suppliers only direct damages up to the amount you paid for any membership to our website and Services, as applicable. You cannot recover any other damages, including, but not limited to, consequential, lost profits, special, indirect or incidental damages.


If any provision of these Terms of Use is found to be unlawful, void, or otherwise unenforceable, that provision shall be enforced to the maximum extent permissible, and the remainder of these Terms of Use shall continue in full force and effect. Any failure of ours to enforce or exercise any provision of these Terms of Use or related right shall not constitute a waiver of that right or provision.

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