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.
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 firstname.lastname@example.org to receive your refund payment.
If you wish to have your user account completely removed from Quizac's databases, you may contact us at email@example.com.