GENERAL TERMS AND CONDITIONS FOR USING THE SERVICES AVAILABLE THROUGH QuizSurprise MOBILE APP, AVAILABLE ON THE APPLE APP STORE AND GOOGLE PLAY
Thank you for using QuizSurprise. These General Terms of Service (the “Terms”) are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the QuizSurprise mobile and software applications, available through the iOS App Store and Google Play (the "Mobile App"), together referred to as QuizSurprise including but not limited to delivery of information via the Mobile App.
Please read these Terms carefully.
By accessing or using the Mobile App, you are agreeing to these Terms and concluding a legally binding contract with QuizSurprise. Do not access or use the Mobile App if you are unwilling or unable to be bound by the Terms.
"QuizSurprise" means content that QuizSurprise creates and makes available in connection with the Services, including, but not limited to: visual interfaces, interactive features, graphics, design, computer code, products, software, aggregate ratings, reports and other usage- related data in connection with the activities associated with your User Account and all other elements and components of the Services excluding Your Content and third party content. "Third Party Content" means content that comes from parties other than QuizSurprise or its Users and is available in or through the Services.
Eligibility You hereby represent and warrant that you are at least sixteen (16) years of age or above and are fully able and competent to understand and agree with the terms and conditions, obligations, affirmations, representations, and warranties set forth in those Terms.
Compliance with the laws You are responsible for complying with all laws and regulations in the country in which you live when you access and use the Services. You agree to use the Services only in compliance with these Terms and the applicable law and in a manner that does not violate our legal rights or those of any third parties.
Mobile App Availability The Mobile App may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
User Accounts You must create a User Account and provide certain information about yourself in order to use (some of) the Services that are offered through the Mobile App. You are responsible for maintaining the confidentiality of your User Account password. You are also responsible for all activities that occur in connection with your User Account. You agree to notify us immediately of any unauthorized use of your User Account. We reserve the right to close your User Account at any time for any or no reason. Your User Account is for your personal, non-commercial use only. In creating it, we ask that you provide complete and accurate information about yourself to bolster your credibility as a contributor to the Mobile App. You may not impersonate someone else (e.g., adopt the identity of a celebrity or your next-door neighbour), create or use a User Account for anyone other than yourself, or create multiple accounts. If you are using a pseudonym, please note that some people may still be able to identify you if, for example, you include identifying information in your reviews, use the same account information on other sites, or allow other sites to share information about you with QuizSurprise. Please read our Privacy Policy for more information.
QuizSurprise may amend, change or update these Terms of Service, from time to time, entirely at its own discretion. You shall be responsible for checking these Terms, from time to time, and ensuring continued compliance with these Terms. Your use of the Services after any such amendment or change in the Terms shall be deemed as your express acceptance to such amended/changed Terms and an assent to be bound by such changed/amended Terms.
You are responsible for maintaining the confidentiality of your username, password and your User Account, as well as all activities that occur under your User Account. You hereby agree to indemnify, defend, and hold us, our licensors, licenses, distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective directors, owners, employees, agents, representatives and assigns harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions) incurred by the above mentioned in connection with any claim arising out of any breach by you of these Terms or claims arising from your use of the Mobile App and/or your User Account. You agree to cooperate with us in the defence of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defence and control of any matter otherwise subject to indemnification by you. We will use reasonable efforts to notify you of any such claim, action or proceeding.
You agree that any and all disputes and claims, arising out of or in connection with these Terms, Mobile App and the Services shall be resolved individually, without resort to any form of class action.
Any and all claims, judgments, and awards shall be limited to the actual out-of-pocket amount paid by you to QuizSurprise for accessing the Mobile App and the Services, but in no event attorneys' fees; and under no circumstances you will be permitted to obtain awards for, and each User hereby waives all rights to claim punitive, incidental, consequential damages or any other damages other than actual out-of-pocket expenses for using the Services of QuizSurprise.
In order to address a question, to resolve a complaint regarding the Mobile App or the QuizSurprise Services, or to receive further information regarding the Services, please contact QuizSurprise using one of the following method: e-mail: [email protected]