These terms govern your use of Quizac, including our Android application, and the Website located at www.quizac.com (collectively, "the apps"), which are made available by Quizac Inc. (“Quizac” or “we” or “us”).
Your privacy is important to us. These “Terms” and this “User Agreement” (the “Agreement”) outline the type of information that is collected through the apps and how that information is used and protected. The “Agreement” is a legal contract that describes the conditions under which users (“you”) are permitted to use the apps.
By using the apps, you agree to be bound by this contract. If you do not accept the Agreement, please do not use the Product.
Changes To The Agreement
Quizac may change this Agreement periodically, so please review it on occasion before using the apps. We will make the most recent version of the Agreement available on the Website along with the most recent date when it was modified.
By using the apps after we modify the Agreement, you accept the new version of the Agreement. If you do not agree to the changes, please do not continue to use the apps and/or please feel free to delete your account.
Copyright on all premium study materials is owned by or licensed to Quizac and all rights are reserved. You must abide by all copyright notices and restrictions contained on the Quizac Site. You may not copy, distribute, enter into a database, display, perform, create derivative works of, transmit, or otherwise use any materials from the apps (including computer programs or other code) ("App Materials"), except that you make a reasonable number of machine-readable copies of the App Materials only for personal, non-commercial use, and only if you do not alter the text or remove any trademark, copyright, or other notice displayed on the App Materials.
The only exception to this restriction is for content that you have created yourself. If you author original content using the Quizac platform, then you own full rights to this content, and you may "export" this content and use it in other media with no persecution from Quizac or its partners. Note that this assumes that your content does not violate the copyright protection of any other third-party publisher. Quizac is not responsible for any copyright violations that you make with your content, and we will immediately remove any violating materials that are brought to our attention by a third party.
If you find your copyrighted materials on Quizac's public marketplace, please contact us using the Contact option in our apps, providing a link to the content in Quizac and a description of the violation, and we will address it accordingly.
Responsibility of Contributors
If you create sets, post material to the Service, post links on the Service, or otherwise make material available by means of the Service (referred to collectively as "Content") you are entirely responsible for the composition of, and any harm resulting from, that Content. That is the case, regardless of whether the Content in question constitutes text, graphics, audio files, computer software or any other format in which Quizac stores data.
You may post only educational and study-related Content to the Service. The following are examples of Content prohibited to post on or through the Service. Quizac reserves the right to investigate and take appropriate legal action against anyone who, in Quizac's sole discretion, violates this provision, including without limitation, removing the offending Content from the Service, terminating the accounts of such violators, or seeking other legal remedies. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of Quizac:
- is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any class or individual;
- harasses or advocates harassment of another person
- exploits people in a sexual or violent manner
- contains sexually suggestive, excessively violent, or offensive subject matter
- solicits personal information from anyone under 18 years old
- publicly posts information that poses or creates a privacy or security risk to any person
- includes information about another person that you have posted without that person's consent
- violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person
- contains or promotes information that you know is false or misleading, or promotes illegal activities or conduct that are abusive, threatening, obscene, defamatory or libelous
- contains or promotes an illegal or unauthorized copy of another person's copyrighted work
- solicits passwords or personally-identifying information for commercial or unlawful purposes from other users
- involves the transmission of junk mail, chain letters, unsolicited mass mailings or instant messages, or spam
- furthers or promotes any criminal activity or enterprise, or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses
- involves commercial activities and/or sales without prior written consent from Quizac, such as contests, sweepstakes, bartering, advertising, or pyramid schemes
- violates any and all applicable laws or regulations.
You may only engage in educational and study-related activities while using the Service. The following are examples of the kind of activity that is prohibited on the Service. Quizac reserves the right to investigate and take appropriate legal action against anyone who, in Quizac's sole discretion, violates this provision, including without limitation, terminating your account and/or access to the Service, reporting you to appropriate governmental authorities, including law enforcement, or seeking other legal remedies. Prohibited activity includes, but is not limited to:
- criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
- circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Service;
- impersonating or attempting to impersonate another user, person or entity;
- using the account, username, 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 Service in order to harass, abuse, or harm another person or entity, or attempting to do so;
- activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of, or access to, a computer or a computer network;
- any automated use of the system, such as, but not limited to, using scripts to create or post Content;
- interfering with, disrupting, or creating an undue burden on the Service or the networks or services connected to the Service;
- displaying an unauthorized commercial advertisement on the Service, or accepting payment or anything of value from a third party in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Service on behalf of that party;
- reproducing, duplicating, copying, selling, reselling, trading, or exploiting for any commercial purposes, any portion of, or access to, the Content and/or functionality offered through the Service, unless you have been specifically allowed to do so in a separate agreement;
- using the Service in a manner inconsistent with any and all applicable laws or regulations.
Content Representations and Warranties.
By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive material;
- the Content is not spam, and does not contain unethical or unwanted commercial material designed to drive traffic to third party sites, to boost the search engine rankings of third party sites, to enable unlawful acts (such as phishing) or to mislead recipients as to the source of the material (such as spoofing);
- the Content is not obscene or libelous, and does not violate the privacy or publicity rights of any third party; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Quizac or otherwise.
By submitting Content or any other material to Quizac for inclusion on the Service or for any other purpose, for example posting a question set, either by proxy or in person, answering a survey or sending Quizac an email or through chat, you grant Quizac a world-wide, perpetual, royalty-free (with exception to promotion periods) license (with right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such Content or material in any and all media or distribution methods (existing or subsequently developed). additional uses by Quizac, or other companies or individuals who partner with Quizac, may be made with no compensation paid to you with respect to the Content or material that you submit, post, or otherwise make available to Quizac or through the Service.
Quizac, the Quizac Logo, and any other trademarks in the apps are trademarks owned by Quizac, Inc. You may not use these trademarks in connection with any product or service that does not belong to us, or in any manner that is likely to cause confusion among users about whether we are the source, sponsor, or endorser of the product or service, or in any manner that disparages or discredits us.
Disclaimer Of Warranty; Limitation Of Liability
You understand that the apps is provided purely for your entertainment and education, and we do not guarantee that the information provided on the Site will be accurate or updated. We do not guarantee that we will continue to provide the apps, that the apps will be available at any particular time or from any particular place, or that they will continue to function in the manner that they currently function.
You agree not to hold us liable for damages you claim are caused by third parties who contact you using the Site or become aware of your identity through the use of the apps, and you understand that, while such behavior is a violation of this Agreement, we need not attempt to control or identify individuals who falsify their identities or provide false information to others through the use of the apps. You agree that we are not liable for the infringing, defamatory, offensive, or illegal contact of third parties, including other users.
IN NO EVENT WILL WE, OR AFFILIATES, OR ANY OF OUR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND SUPPLIERS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”), BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE APPS (INCLUDING ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN, OBTAINED ON OR PROVIDED THROUGH THE APPS OR CONTENT CREATED ON OR THROUGH THE SITE).
THE APPS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SERVICES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, GROSS NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, EVEN IF THE CLAIM ALLEGES THAT THE INDEMNIFIED PARTIES’ CONDUCT WAS WILLFUL.
Governing Law; Integration; No Waiver; Severability; Termination
You agree that any dispute between you and us will be governed by the laws of the United States of America and the State of Delaware, without regard to choice of law rules, and that any legal action brought by one party against the other will be brought exclusively in the appropriate court within the State of Delaware. If you are located outside of the United States of America, you agree that, by entering into this agreement, you voluntarily subject yourself to the jurisdiction of the courts of the United States of America and the State of Delaware, and you agree that you may be sued in those courts and subject to the judgments and orders of those courts.
You agree that, notwithstanding any provision of law to the contrary, if you are located outside of the United States, we may satisfy our obligation to serve you with legal process by sending an electronic mail message to the email address that you provided when you registered for the Services or by sending a paper communication to you at the postal address that you provided when you registered for the Services. You further agree that service will be deemed accomplished when we send the electronic mail message or paper communication, as appropriate, and that service may be proven through evidence that we sent the communication, regardless of whether we obtain evidence that you received the communication or that the communication was not delivered.
This Agreement constitutes the entire agreement between you and us. They govern your use of the apps (but excluding services, if any, that we may provide to you under a separate written agreement), and completely replace any prior agreements between you and us in relation to the apps.
Even if we act in a way that you believe to be inconsistent with this Agreement, those actions will not be deemed a waiver or constructive amendment of this Agreement. Similarly, our failure to object to your breach of your obligations under this Agreement does not constitute a waiver of any of our rights.
If any provision of this Agreement is ruled unlawful, void, or unenforceable, that provision will be severed from this Agreement, and the other provisions will remain effective and enforceable. In addition, the severed provision will be deemed replaced with a comparable provision that most closely reflects the intent of the parties.
We reserve the right to terminate the Apps and this User Agreement at any time without notice for any reason, including, in the case of the User Agreement, for your violation of any of its provisions. The Disclaimer and Limitation of Liability and Governing Law sections of this User Agreement shall survive any such termination.
Limitation Of Scope
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your access to and use of the Apps.
No provision of this Agreement may be interpreted to limit our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use.
Right to Opt In and Opt Out
You have the right to “opt-in” and “opt-out” of certain of our uses of your Personal Information. For example, in the apps, you may be able to elect to or not to receive correspondence from us or to make your content private, and you may be able to click an “unsubscribe” link in the footer of every email. You can also email us using the Contact link in our product. In this email, please say whether:
- you would like to opt-out of receiving all email promotional correspondence from Quizac in general or
- if you would only like to opt-out of certain of Quizac’s e-newsletters or correspondence and if so which ones. You may also opt-out of Quizac’s promotional emails by clicking on an opt-out link within the email you receive.
Please understand that if you opt-out of receiving promotional correspondence from us, we may still contact you in connection with your relationship, activities, transactions and communications with us.
If you believe you have received faulty content or have not received an adequate study experience, you are entitled to a refund. Please contact email@example.com to receive your refund payment.
If you wish to have your user account completely removed from Quizac's databases, you may contact us at firstname.lastname@example.org.