QuizAcademy™.org |
Terms of Service
Updated: Feb 7, 2014
The QuizAcademy
website and all its mobile versions ("Service") is a hosted
service owned and operated by Moinee Systems Corporation Pvt. Ltd. ("Moinee
Systems"). Any use of the Service is subject to the following Terms
and Conditions of Use ("Terms and Conditions"), as well as
to QuizAcademy's Privacy Policy, all of which
are incorporated by reference into these Terms and Conditions. Your use of the
Service will constitute your acceptance of these terms and conditions.
1. Eligibility. Use of the
Service is void where prohibited. The Service is for users of all ages. If you are not
of legal age to form a binding contract (in many places, this is 18 years old),
then you must get your parent or guardian to read these terms and agree to them
for you. By using the Service, you represent and warrant that
(a) all registration information you submit is truthful and accurate; (b) you
will maintain the accuracy of such information; and (c) your use of the Service
does not violate any applicable law or regulation.
2. Your QuizAcademy
Account and Data. If you create an account on the Service, you are
responsible for maintaining the security of your account and data, and you are
fully responsible for all activities that occur under the account. You must
immediately notify QuizAcademy of any unauthorized uses of your data, your
account or any other breaches of security. QuizAcademy will not be liable for
any acts or omissions by You, including any damages of
any kind incurred as a result of such acts or omissions. QuizAcademy may from
time to time set storage limits for your data, or take any other measures
QuizAcademy considers appropriate to manage the Service. QuizAcademy may also from
time to time change its policies and it may do this without notice.
3. Prohibited
Content and Activities, and Responsibility of Contributors. QuizAcademy
is a platform for hosting collaborative content by external contributors who
are mainly the users. If you contribute, share, post material
to the Service, post links on the Service, or otherwise make material
available by means of the Service (any such material, "Content"),
you are entirely responsible for the content of, and any harm resulting from,
that Content. That is the case regardless of whether the Content in question
constitutes text, graphics, audio/video files, computer software or any other
format in which QuizAcademy stores data.
The purpose of the Service is studying, and users are asked to contribute only
study-related Content. The following are examples of the kind of Content that
is illegal or prohibited to post on or through the Service. QuizAcademy
reserves the right to investigate and take appropriate legal action against
anyone who, in QuizAcademy's sole discretion,
violates this provision, including without limitation, removing the offending
Content from the Service and terminating the accounts of such violators.
Prohibited Content includes, but is not limited to, Content that, in the sole
discretion of QuizAcademy:
·
is 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 anything sexually suggestive, excessive
violence, or offensive subject matter;
·
solicits personal information from anyone under 18;
·
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.
·
constitutes or promotes information that you know is
false or misleading or promotes illegal activities or conduct that is abusive,
threatening, obscene or defamatory;
·
constitutes or promotes an illegal or unauthorized copy
of another person's copyrighted work;
·
solicits passwords or personal identifying information
for commercial or unlawful purposes from other Users;
·
involves the transmission of "junk mail,"
"chain letters," or unsolicited mass mailing, instant messaging, or
"spamming";
·
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 QuizAcademy such as paid virtual schools and classes,
selling publically collaborated content, advertising or branding;
The following are examples of the kind of activity that is illegal or
prohibited on the Service. QuizAcademy reserves the right to investigate and take
appropriate legal action against anyone who, in QuizAcademy's
sole discretion, violates this provision, including without limitation,
reporting you to law enforcement authorities. 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 the
same;
·
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 person in
exchange for your performing any commercial activity through the unauthorized
or impermissible use of the Service on behalf of that person; or
·
using the Service in
a manner inconsistent with any and all applicable laws and regulations.
·
reproduces, duplicates, copies, sells, trades, resells,
or exploits for any commercial purposes, any portion or use of, or access to,
the Content and/or services offered throughout this Service (unless you have
been specifically allowed to do so in a separate agreement)
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 content;
·
the Content is not spam, and does not contain unethical
or unwanted commercial content designed to drive traffic to third party sites
or boost the search engine rankings of third party sites, or to further
unlawful acts (such as phishing) or 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 QuizAcademy or
otherwise.
By submitting Content to QuizAcademy for inclusion on the Service, for example
posting a question set, you grant QuizAcademy a world-wide, perpetual,
royalty-free license (with right to sublicense) to use, copy, reproduce,
process, adapt, modify, publish, transmit, display, and distribute such Content
in any and all media or distribution methods (now or later developed).
Such additional uses by QuizAcademy, or other companies or individuals
who partner with QuizAcademy, may be made with no compensation paid to you with
respect to the Content that you submit, post, or otherwise make available
through the Service.
·
Responsibility of Service Visitors. QuizAcademy
has not reviewed, and cannot review, all of the
material posted to the Service, and cannot therefore be responsible for that
material's content, use or effects. By operating the Service, QuizAcademy does
not represent or imply that it endorses the material there posted, or that it
believes such material to be accurate, useful or non-harmful. You are
responsible for taking precautions as necessary to protect yourself and your
computer systems from viruses, worms, Trojan horses, and other harmful or
destructive content. The Service may contain content that is offensive,
indecent, or otherwise objectionable, as well as content containing technical
inaccuracies, typographical mistakes, and other errors. The Service may also
contain material that violates the privacy or publicity rights, or infringes
the intellectual property and other proprietary rights, of third parties, or
the downloading, copying or use of which is subject to additional terms and
conditions, stated or unstated. QuizAcademy disclaims any responsibility for
any harm resulting from the use by visitors of the Service, or from any
downloading by those visitors of content there posted.
·
Content Posted on Other Websites. We have
not reviewed, and cannot review, all of the material, including computer
software, made available through the websites and webpages
to which QuizAcademy links, and that link to QuizAcademy. QuizAcademy does not
have any control over those non-QuizAcademy websites and webpages,
and is not responsible for their contents or their use. By linking to a
non-QuizAcademy website or webpage, QuizAcademy does not represent or imply
that it endorses such website or webpage. You are responsible for taking
precautions as necessary to protect yourself and your computer systems from
viruses, worms, Trojan horses, and other harmful or destructive Content.
QuizAcademy disclaims any responsibility for any harm resulting from your use
of non-QuizAcademy websites and webpages.
·
Copyright Infringement and DMCA Policy. As
QuizAcademy asks others to respect its intellectual property rights, it
respects the intellectual property rights of others. If you believe that
material located on or linked to by QuizAcademy violates your copyright, you
are encouraged to notify QuizAcademy in accordance with QuizAcademy's Digital Millennium Copyright Act (“DMCA”) Policy. QuizAcademy
will respond to all such notices, including as required or appropriate by removing
the infringing material or disabling all links to the infringing material. In
the case of a visitor who may infringe or repeatedly infringes the copyrights
or other intellectual property rights of QuizAcademy or others, QuizAcademy
may, in its discretion, terminate or deny access to and use of the Service. In
the case of such termination, QuizAcademy will have no obligation to provide a
refund of any amounts previously paid to QuizAcademy.
·
Trademarks. QuizAcademy,
QuizAcademy.org and all other trademarks, service marks, graphics and logos
used in connection with QuizAcademy, or the Service are trademarks or
registered trademarks of QuizAcademy or QuizAcademy's
licensors. Other trademarks, service marks, graphics and logos used in
connection with the Service may be the trademarks of other third parties. Your
use of the Service grants you no right or license to reproduce or otherwise use
any QuizAcademy or third-party trademarks. Audio files and software may not be
sold or redistributed, nor offered as a service to others.
·
Changes. The Service, including
without limitation all content there available and these Terms and Conditions,
may be changed at the sole discretion of QuizAcademy and without notice. You
are bound by any such updates or changes, including but not limited to those
affecting these Terms and Conditions, and so should periodically review these
Terms and Conditions.
·
Limitation of warranties of QuizAcademy, its suppliers
and its licensors. Except as otherwise expressly stated, all content
posted to or available from the Service is provided "as is", and
QuizAcademy, its suppliers and its licensors make no representations or
warranties, express or implied, including but not limited to warranties of
merchantability, fitness for a particular purpose, title or non-infringement of
proprietary rights. You understand and agree that you download from, or
otherwise obtain content or services through, the Service at your own
discretion and risk, and that QuizAcademy, its suppliers and its licensors will
have no liability or responsibility for any damage to your computer system or
data that results from the download or use of such content or services. Some
jurisdictions may not allow the exclusion of implied warranties, so some of the
above may not apply to you.
·
Limitation of liability of QuizAcademy, its suppliers and
its licensors. Except as otherwise expressly stated, in no event
will QuizAcademy, its suppliers or its licensors be liable to you or any other
party for any direct, indirect, special, consequential or exemplary damages,
regardless of the basis or nature of the claim, resulting from any use of the
Service, or the contents thereof or of any hyperlinked website including
without limitation any lost profits, business interruption, loss of data or
otherwise, even if QuizAcademy, its suppliers or its licensors were expressly
advised of the possibility of such damages. In no event will the aggregate
liability for any and all of your claims against QuizAcademy, its suppliers and
its licensors arising out of or related to use of the Service, or the contents
thereof.
·
General Representation and Warranty. You
represent and warrant that your use of the Service will be in accordance with
the 'QuizAcademy Privacy Policy', with these Terms and Conditions, with
any applicable laws and regulations, including without limitation any local
laws or regulations in your country, state, city, or other governmental area,
regarding online conduct and acceptable content, and including all applicable
laws regarding the transmission of technical data exported from the India, United
States or the country in which you reside, and with any other applicable policy
or terms and conditions.
·
Indemnification. You agree to defend,
indemnify and hold harmless QuizAcademy, its contractors, and its licensors,
and their respective directors, officers, employees and agents from and against
any and all claims and expenses, including attorneys’ fees, arising out of your
use of the Service, including but not limited to out of your violation of any
representation or warranty contained in these Terms and Conditions.
·
Miscellaneous. These Terms and
Conditions constitute the entire agreement between QuizAcademy and you
concerning the subject matter hereof, and they may only be modified by a
written amendment signed by an authorized executive of QuizAcademy
, or by the posting by QuizAcademy of a revised version. Except to the
extent applicable law, if any, provides otherwise, these Terms and Conditions,
any access to or use of the Service will be governed by the laws of the
Republic of India, excluding its conflict of law provisions, and the proper venue
for any disputes arising out of or relating to any of the same will be the
state and federal courts located in Jaipur, Rajasthan, India. If any part of
these Terms and Conditions is held invalid or unenforceable, that part will be
construed to reflect the parties’ original intent, and the remaining portions
will remain in full force and effect. A waiver by either party of any term or
condition of these Terms and Conditions or any breach thereof, in any one
instance, will not waive such term or condition or any subsequent breach
thereof. You may assign your rights under these Terms and Conditions to any
party that consents to, and agrees to be bound by, its terms; QuizAcademy may
assign its rights under these Terms and Conditions without condition. These
Terms and Conditions will be binding upon and will inure to the benefit of the
parties, their successors and permitted assigns.
©2013-2014, Moinee Systems