Terms and Conditions
Last updated: 15/4/2022
Welcome to Quizometry!
Please read these Terms and Conditions (“Terms”) carefully before accessing or using the services (“Services”) available through the platform “Quizometry” (“Website”). These Terms constitute a binding agreement between Quizometry ( “us”, “we” or “our”) and you (“User”, “you” or “your”) and set forth the general terms and conditions of your use of the Website and Service. These Terms shall be deemed to include all other notices, policies, disclaimers, and other terms contained in the Website, including our Privacy Policies: for Indian nationals. To the extent that there is any inconsistency between any such terms and policies and these Terms, the former shall prevail.
The present Website has been created, designed and conceptualized with the idea of making quizzes more accessible and a fun way to learn and retain new knowledge. These quizzes are meant to be informative as well as engaging for all Users. However, there could be inadvertent discrepancies and/or errors in the content provided through these quizzes therefore User discretion is highly recommended while treating these Services as a learning tool. In the event any User discovers any discrepancy or error in the content provide on the Website, the User can write to us at the email address provided below so that we can take corrective measures (if required).
Please note, we are currently a Free website- i.e. the user can access the Website without paying for the Services. These Services are being provided without consideration since the Website is currently in beta stage. However, we reserve the right at our sole discretion to provide these Services on a paid model at anytime without prior notice to you. Your access thereafter to the Website and its Services will be governed by then prevailing Terms and Conditions.If you are under 18, you represent that you have your parent or guardian’s permission to use the Service. Please have them read these Terms with you.
If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Service, you enter into these Terms on behalf of your child and are responsible for your child’s activity on the Service. We advise parents or legal guardians who permit their children to use the Service that it is important that they communicate with their children about their safety online, as well as about their obligation to comply with these Terms.
It is important that you read and understand these Terms as by accessing or using the Services you, on your own behalf and on behalf of your child, indicate that you have read, understood, agreed and accepted the Terms which take effect on the date on which you create an Account (as defined below). By accessing or using the Services, you agree to abide by these Terms. In the event of a breach of these Terms, we reserve the right to block your access and /or to seek all available legal remedies. If you do not accept these Terms in their entirety, you may not use Services. Your continued use of the Services after we make changes is deemed to be acceptance of those changes, so please check the Terms periodically for updates.
1. Amendments
We reserve the right, at our sole discretion, to make changes or modifications to these Terms at any time. The most current version of the Terms will always be posted on the Website at https://quizometry.com terms-and-conditions and you waive any right to receive specific notice of each such change. Changes will become effective for you upon the earliest of (1) your acceptance of the modified Terms, (2) your use of the Services with actual knowledge of the modified Terms, or (3) 30 (thirty) days following Quizometry publication of the modified Terms through the Website. Your continued use of the Services after we make changes to the Terms is deemed to be acceptance of those changes, so please check the Terms periodically for updates.
2. Eligibility
To be eligible to create an Account (as defined below), you must:
(i) be of the age of majority or legal age in your jurisdiction (generally 18 or older) and be able to form legally binding contracts under applicable law. However, children of all ages may use Services (where available) if enabled by a parent or legal guardian;
(ii) not have a Web-site account that has been previously suspended or removed from the Service due to breach of the Terms or violation of legal requirements; and
(iii) consent that your use of the Service will be in compliance with the Terms, including with the rules set out in Sections “Restrictions on Use” and “User Content License”, and all applicable laws and regulations.
Individuals accepting these Terms on behalf of the entity, organization, or company represent and warrant that they have necessary authority to bind the respective entity, organization, or company to these Terms, and references to you herein (and all of your obligations hereunder) will refer to such entity and any individual using the Services on such entity’s behalf.
3. Accounts and Registration
To be able to organize the Quiz (to become an Organizer) and to use the respective Services, you must create a user account (“Account”). Those who have Accounts may also be Players. When you create an Account, we may ask you:
(i) to provide us with some information about yourself (“User Information”) in order for us to provide you with the Service. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up to date.
When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your Account and password. If you consider that your Account is no longer secure, then you must immediately notify us at quizometry@gmail.com.
4. Fees and Subscriptions
As of now, scope of Services is provided on a free of charge basis. Once you create an Account, you will have access to such services. For as long as you use the Plan for non-commercial purposes only, in accordance with the limitations of use set out in these Terms.
5. By Event Pricing
Quizometry offers various customized options for organizers who are looking to manage events on specific dates or with-in a certain calendar period. For these customers, pricing is based on specific requirements outlined by the customer (e.g. participants capacity, branding, leaderboard customization, team event, etc.). Each customized event will have separate purchase orders and agreements.
6. End User License
Services and the Web-site, including all its elements (except to your Content (as defined below), for example, HTML software or code, scripts, text, graphics, databases, APIs, designs, images, video and audio, domain names, trademarks, trade names and logos, brand features and designations, either registered or unregistered (collectively “Materials”) belong either to us or our partners and are protected by intellectual property laws. All Materials are provided to you as a service and may only be used only for the purpose of and in course of using the Web-site and the related Services. No rights, title or interest in our Materials and (or) associated goodwill are transferred or granted to you.
We control and operate our Services and the Web-site from our offices in India. We do not represent that Materials are appropriate or available for use in other locations. Persons who choose to access our Services from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these terms and conditions waive their respective right to a trial.
Subject to your complete and ongoing compliance with the present Terms, Quizometry grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Web-site and Service for your personal, internal use during the period of the Terms.
The Services are integrated with or may otherwise interact with third party applications, websites, services and devices (“Third-Party Components”) to make the Services available to you. Use of these Third-Party Components may be governed by third-party terms and conditions and privacy policies and your use of these Third-Party Components will be governed by and subject to respective terms and conditions and privacy policies. You understand and agree that Quizometry does not endorse and is not responsible or liable for the behaviour, features, or content of any Third-Party Component or for any transaction you may enter into with the provider of any such Third-Party Component.
We may revoke this limited license at any time for any reason. All rights not expressly granted are reserved by us.
7. Restrictions on Use
In course of accessing the Web-site or using the Service you shall not:
(i) procure or permit others to copy, reproduce, publish, transmit, distribute, perform, display, modify, create derivative works from any Materials or Services without its prior written permission;
(ii) use the Services and/or the Web-site in any way that advocates, promotes or assists any unlawful act;
(iii) transfer, lend, rent, resell, lease, distribute the Services and/or any Materials, or use them for providing services to a third party, or grant any rights to the Services, Materials and/or the Web-site to a third party;
(iv) purchase, use, or access the Services and/or the Web-site for the purpose of building a competitive product or service or for any other competitive purposes;
(v) interfere with or circumvent any feature of the Services and/or the Web-site, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Service; or (c) hacking, password “mining” or using any other illegitimate means of interference;
(vi) probe, scan, or test the vulnerability of the Services and/or the Web-site;
(vii) use any manual or automated system or software to extract or scrape data from the Website or other interfaces through which Quizometry makes the Services available, unless authorized by Quizometry in writing;
(viii) interfere with the operation of the Services or any user’s enjoyment of the Services, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal data about another user or third party without their consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Services;
(ix) take action that imposes an unreasonable or disproportionately large load on the infrastructure of the Web-site or networks, or any systems or networks connected to the Web-site;
(x) use the Services to infringe the intellectual property rights of others;
(xi) register accounts by “bots” or other automated methods;
(xii) perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other accounts without permission, or falsifying your age or date of birth.
Organizers shall procure that Players whom they engage into playing the quiz or using the Services shall not commit any actions prohibited under this Section.
8. User Content License
In course of using the Services you may upload to the Web-site or otherwise make available photos, video, images, data, text, and other types of works (“Content”). You retain all copyright and other proprietary rights that you may hold in the Content.
You are solely responsible for your Content and the consequences of distributing the Content via the Website. By uploading to the Website or otherwise making available the Content you represent and warrant that:
(i) you are the author and owner of the Content, or have the necessary licenses, rights, consents, and permissions to authorize Quizometry to use and distribute your Content within the scope of license specified in the paragraph below;
(ii) your Content, and the use of your Content as implied by the Terms, does not and will not: (a) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other rights; (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (c) cause Quizometry to violate any law or regulation;
(iii) your Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
In order for us and to provide you with the Service and to promote the Service, by uploading to the Web-site or otherwise making available the Content you grant Quizometry any trusted third parties that Quizometry works with a worldwide, royalty free right and license to use, reproduce, host, store, transfer, display, modify, adapt, rearrange, create derivative works, and otherwise exploit your Content, in whole or in part. This license with respect to aggregate and de-identified data derived from your Content and any residual backup copies of your Content made in the ordinary course of rendering Services survives your deletion of the Account or cessation of Services’ use. We may display advertisements in connection with your Content and we may use your Content to advertise our Services. For the avoidance of doubt, no payment, royalty or compensation of any kind, or permission, notification or attribution, is due to you or to anyone else for our use of your Content.
You hereby release Quizometry any trusted third parties that Quizometry works with from any and all claims of any rights, encumbrances, liens, claims, demands, actions or suits in connection with your Content, including, without limitation, any and all liability for any permitted use or non-use of your Content, claims for right of publicity or economic loss.
You hereby also permit Quizometry and any trusted third parties that Quizometry works with to allow the Web-site to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Services.
9. Reports
If you believe that any Content is unlawful, inappropriate or infringes your rights, including your moral or intellectual property rights, you may send a notice to Quizometry at: quizometry@gmail.com.
Notices of the claimed intellectual property infringement should include the following information: (a) your address, telephone number, and email address; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the alleged infringing material is located, with a link or a screenshot if possible; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
If Quizometry is notified about infringement, Quizometry may in its sole discretion remove such Content from the Service, or take other steps that subject to the applicable law Quizometry deems appropriate, without prior notification to the user or other party who supplied that Content.
10. Service limitations and updates
Quizometry will make reasonable efforts to keep the Services operational. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions. Quizometry reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Services, all without liability to you, for any interruption, modification, or discontinuation of the Services or any function or feature thereof.
11. Termination
You may terminate these Terms any time by deleting your Account. Quizometry may terminate the Terms or suspend your access to the Services at any time, including in the event of your actual or suspected unauthorized use of the Services, or non-compliance with the Terms or the applicable law, or if Quizometry withdraws the Services (in which case Quizometry shall provide you with reasonable notice in advance of doing so).
Upon termination of the Terms: (a) End User License will terminate and you must immediately cease use of the Services; (b) you will no longer be authorized to access your Account or the Services; (c) Sections “Amendments”, “Eligibility”, “Accounts and Registration”, “End User License”, “Restrictions on Use”, “User Content License”, “Termination”, “Indemnification”, “Limitation of Liability” and “Governing law and Jurisdiction” hereof shall survive the termination of the Terms.
12. Indemnification
You are responsible for your use of the Services, and you agree to indemnify and hold us and our affiliates, and each of their respective employees and officers, harmless from any demands, loss, liability, claims or expenses (including reasonable attorneys’ fees), made against us by any third party arising out of or in connection with our use and exploitation of your Content hereby release Quizometry any trusted third parties that Quizometry works with from any and all claims of any rights, encumbrances, liens, claims, demands, actions or suits in connection with:
(i) your use of, or misuse of, the Services;
(ii) your violation of any portion of the Terms, any representation, warranty, or agreement referenced in the Terms, or any applicable law or regulation;
(iii) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or
(iv) any dispute or issue between you and any third party.
Quizometry reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with Quizometry defence of those claims.
13. Disclaimer
Except as expressly provided in the Terms and to the extent permitted by applicable law, the Services and all Materials available through the Services are provided “as is” and on an “as available” basis. QUIZOMETRY DOES NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING: (A) ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AVAILABILITY, RELIABILITY, ACCURACY OF THE SERVICES; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. QUIZOMETRY DOES NOT WARRANT THAT THE SERVICES OR ANY PORTION OF THE SERVICES, OR ANY MATERIALS OFFERED THROUGH THE SERVICES, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND QUIZOMETRY DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
In addition, Quizometry makes no representation nor does it warrant, endorse, guarantee, or assume responsibility for any Third-Party Components (or the content thereof), devices or any other product or service advertised, promoted or offered by a third party on or through the Services or any hyperlinked website, or featured in any banner or other advertising and Quizometry is not responsible or liable for any transaction between you and third-party providers of the foregoing.
No advice or information, whether oral or written, obtained by you from the Services or Quizometry or any materials available through the Services will create any warranty regarding any of the Quizometry or the Services that are not expressly stated in the Terms. You understand and agree that you use any portion of the Services at your own discretion and risk, and that Quizometry is not responsible for any damage to your property (including your computer system or mobile device used in connection with the Services) or any loss of data.
14. Limitation of Liability
To the extent permitted by applicable law, Quizometry, its affiliates, officers, employees, agents, suppliers, and licensors will not be liable for (1) any indirect, consequential, special, incidental, punitive, or exemplary damages whatsoever, or (2) loss of use, data, business, revenues, or profits (in each case whether direct or indirect), arising out of or in connection with the Services and the Terms, and whether based on contract, tort, strict liability, or any other legal theory, even if Quizometry has of the possibility of such damages and even if a remedy fails of its essential purpose. To the extent permitted by applicable law, the aggregate liability of each of Quizometry
, its affiliates, officers, directors, employees, consultants, subsidiaries, agents, suppliers, and licensors arising out of or in connection with the Services and the Terms will not exceed the amount paid by you to Quizometry for use of the disputed Services.
15. Governing law and Jurisdiction
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of India without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of India. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Mumbai, and you hereby submit to the personal jurisdiction of such courts.
16. General Terms
16.1. Severability
Unless as otherwise stated in the Terms, should any provision of the Terms be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Terms, and the application of that provision shall be enforced to the extent permitted by law.
16.2. Assignment
Quizometry may assign the Terms, and any of its rights and obligations under the Terms, in whole or in part. You may not assign the Terms and agreements, in whole or in part, nor transfer or sub-license your rights under the Terms and agreements, to any third party.
16.3. Consent to Electronic Communications
By using the Services, you consent to receiving certain electronic communications from Quizometry, and that your email details and will be retained and added to our mail-out list. You will thus periodically be contacted by Quizometry, and only Quizometry, with information regarding latest news, services and offers. You may opt out at any time by emailing Quizometry and putting ‘unsubscribe’ in the subject line and / or message body. You will immediately be taken off the mailing list. You agree that any notices, agreements, disclosures, or other communications that Quizometry sends to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
quizometry@gmail.com
16.4. Contact Information
If you still have any questions after reading, please contact us:
E-mail: quizometry@gmail.com
www.quizometry.com