We reserve all rights not expressly granted to you in and to
the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will
constitute a material breach of our Legal Terms and your right
to use our Services will terminate immediately.
Your submissions and
contributions
Please review this section and the "PROHIBITED ACTIVITIES" section carefully
prior to using our Services to understand the (a) rights you
give us and (b) obligations you have when you post or upload any
content through the Services.
Submissions: By directly sending us any
question, comment, suggestion, idea, feedback, or other
information about the Services ("Submissions"), you agree to assign to us all intellectual property
rights in such Submission. You agree that we shall own this
Submission and be entitled to its unrestricted use and
dissemination for any lawful purpose, commercial or otherwise,
without acknowledgment or compensation to you.
Contributions: The Services may invite you to
chat, contribute to, or participate in blogs, message boards,
online forums, and other functionality during which you may
create, submit, post, display, transmit, publish, distribute, or
broadcast content and materials to us or through the Services,
including but not limited to text, writings, video, audio,
photographs, music, graphics, comments, reviews, rating
suggestions, personal information, or other material ("Contributions"). Any Submission
that is publicly posted shall also be treated as a Contribution.
You understand that Contributions may be viewable by other
users of the Services and
possibly through third-party websites.
When you post Contributions, you grant us a license (including use of
your name, trademarks, and logos): By posting any Contributions, you grant us an unrestricted,
unlimited, irrevocable, perpetual, non-exclusive, transferable,
royalty-free, fully-paid, worldwide right, and license to: use, copy,
reproduce, distribute, sell, resell, publish, broadcast,
retitle, store, publicly perform, publicly display, reformat,
translate, excerpt (in whole or in part), and exploit your
Contributions (including, without limitation, your image, name,
and voice) for any purpose, commercial, advertising, or
otherwise, to prepare derivative works of, or incorporate into
other works, your Contributions, and to sublicense the licenses granted in this
section. Our use and distribution may occur in any media formats
and through any media channels.
This license includes our use of
your name, company name, and franchise name, as applicable, and
any of the trademarks, service marks, trade names, logos, and
personal and commercial images you provide.
You are responsible for what you post or upload: By sending us Submissions
and/or posting Contributions through any part of
the Services or making
Contributions accessible through the Services by linking your
account through the Services to any of your social networking
accounts, you:
- confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post,
send, publish, upload, or transmit through the Services any
Submission
nor post any Contribution
that is illegal, harassing, hateful, harmful, defamatory,
obscene, bullying, abusive, discriminatory, threatening to any
person or group, sexually explicit, false, inaccurate,
deceitful, or misleading;
- to the extent permissible by applicable law, waive any and
all moral rights to any such Submission and/or Contribution;
- warrant that any such Submission and/or Contributions are original to
you or that you have the necessary rights and licenses to submit such
Submissions and/or
Contributions
and that you have full authority to grant us the
above-mentioned rights in relation to your Submissions and/or Contributions; and
- warrant and represent that your Submissions and/or Contributions do not constitute
confidential information.
You are solely responsible for your Submissions and/or Contributions and you expressly
agree to reimburse us for any and all losses that we may suffer
because of your breach of (a) this section, (b) any third party’s
intellectual property rights, or (c) applicable law.
We may remove or edit your Content: Although we
have no obligation to monitor any Contributions, we shall have the
right to remove or edit any Contributions at any time without
notice if in our reasonable opinion we consider such Contributions
harmful or in breach of these Legal Terms. If we remove or edit
any such Contributions, we may also suspend or disable your
account and report you to the authorities.
Copyright infringement
We respect the intellectual property rights of others. If you
believe that any material available on or through the Services
infringes upon any copyright you own or control, please
immediately refer to the
"
COPYRIGHT INFRINGEMENTS"
section
below.
10. GUIDELINES FOR REVIEWS
We may provide you areas on the Services to leave reviews or
ratings. When posting a review, you must comply with the
following criteria: (1) you should have firsthand experience
with the person/entity being reviewed; (2) your reviews should
not contain offensive profanity, or abusive, racist, offensive,
or hateful language; (3) your reviews should not contain
discriminatory references based on religion, race, gender,
national origin, age, marital status, sexual orientation, or
disability; (4) your reviews should not contain references to
illegal activity; (5) you should not be affiliated with
competitors if posting negative reviews; (6) you should not make
any conclusions as to the legality of conduct; (7) you may not
post any false or misleading statements; and (8) you may not organize
a campaign encouraging others to post reviews, whether positive
or negative.
We may accept, reject, or remove reviews in our sole
discretion. We have absolutely no obligation to screen reviews
or to delete reviews, even if anyone considers reviews
objectionable or inaccurate. Reviews are not endorsed by us,
and do not necessarily represent our opinions or the views of
any of our affiliates or partners. We do not assume liability
for any review or for any claims, liabilities, or losses
resulting from any review. By posting a review, you hereby
grant to us a perpetual, non-exclusive, worldwide,
royalty-free, fully paid, assignable, and sublicensable right
and license
to reproduce, modify, translate, transmit by any means,
display, perform, and/or distribute all content relating to
review.
As part of the functionality of the Services, you may
link your account with online accounts you have with
third-party service providers (each such account, a "Third-Party Account") by either:
(1) providing your Third-Party Account login information
through the Services; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms
and conditions that govern your use of each Third-Party Account. You represent and warrant that you are
entitled to disclose your Third-Party Account login information to us and/or grant us access
to your Third-Party Account, without breach by you of any of the terms and
conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or
making us subject to any usage limitations imposed by
the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make
available, and store (if applicable) any content that
you have provided to and stored in your Third-Party Account (the "Social Network Content") so that it
is available on and through the Services via your
account, including without limitation any friend lists
and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are
notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy
settings that you have set in such Third-Party Accounts, personally identifiable information that you
post to your Third-Party Accounts may be available on and through your account
on the Services. Please note that if a Third-Party Account or associated service becomes unavailable or
our access to such Third-Party Account is terminated by the third-party service
provider, then Social Network Content may no longer be
available on and through the Services. You will have the
ability to disable the connection between your account
on the Services and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR
RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS
ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED
SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY
SERVICE PROVIDERS. We make no effort to review any
Social Network Content for any purpose, including but
not limited to, for accuracy, legality, or
non-infringement, and we are not responsible for any
Social Network Content. You acknowledge and agree that
we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile
device or tablet computer solely for purposes of
identifying and informing you of those contacts who have
also registered to use the Services. You can deactivate
the connection between the Services and your Third-Party Account by contacting us using the contact information
below or through your account settings (if applicable).
We will attempt to delete any information stored on our
servers that was obtained through such Third-Party Account, except the username and profile picture that
become associated with your account.
12. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as
articles, photographs, text, graphics, pictures, designs, music,
sound, video, information, applications, software, and other
content or items belonging to or originating from third parties
("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for
accuracy, appropriateness, or completeness by us, and we are not
responsible for any Third-Party Websites accessed through the
Services or any Third-Party Content posted on, available through, or installed from the
Services, including the content, accuracy, offensiveness,
opinions, reliability, privacy practices, or other policies of
or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or
installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us.
If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware
these Legal Terms no longer govern. You should review the
applicable terms and policies, including privacy and data
gathering practices, of any website to which you navigate from
the Services or relating to any applications you use or install
from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other
companies, and we take no responsibility whatsoever in relation
to such purchases which are exclusively between you and the
applicable third party. You agree and acknowledge that we do not
endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused
by your purchase of such products or services. Additionally, you
shall hold us blameless from any losses sustained by you or harm
caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
13. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the
Services for violations of these Legal Terms; (2) take appropriate
legal action against anyone who, in our sole discretion, violates
the law or these Legal Terms, including without limitation,
reporting such user to law enforcement authorities; (3) in our
sole discretion and without limitation, refuse, restrict access
to, limit the availability of, or disable (to the extent
technologically feasible) any of your Contributions or any portion
thereof; (4) in our sole discretion and without limitation,
notice, or liability, to remove from the Services or otherwise
disable all files and content that are excessive in size or are in
any way burdensome to our systems; and (5) otherwise manage the
Services in a manner designed to protect our rights and property
and to facilitate the proper functioning of the Services.
14. PRIVACY POLICY
We care about data privacy and security. Please review our
Privacy Policy: https://www.quizrise.com/privacy-policy. By using the Services, you agree to be bound by our Privacy
Policy, which is incorporated into these Legal Terms. Please be
advised the Services are hosted in Germany. If you access the Services
from any other region of the world with laws or other
requirements governing personal data collection, use, or
disclosure that differ from applicable laws in Germany, then through your
continued use of the Services, you are transferring your data to
Germany, and you expressly consent
to have your data transferred to and processed in Germany.
15. COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you
believe that any material available on or through the Services
infringes upon any copyright you own or control, please
immediately notify us using the contact information provided
below (a "Notification"). A copy of your
Notification will be sent to the person who posted or stored the
material addressed in the Notification. Please be advised that
pursuant to applicable law you may be held liable for damages if
you make material misrepresentations in a Notification. Thus, if
you are not sure that material located on or linked to by the
Services infringes your copyright, you should consider first
contacting an attorney.
16. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while
you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF
THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE
DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND
USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES),
TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT
LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR
COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW
OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE
SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT
WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are
prohibited from registering and creating a new account under
your name, a fake or borrowed name, or the name of any third
party, even if you may be acting on behalf of the third party.
In addition to terminating or suspending your account, we
reserve the right to take appropriate legal action, including
without limitation pursuing civil, criminal, and injunctive
redress.
17. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents
of the Services at any time or for any reason at our sole
discretion without notice. However, we have no obligation to
update any information on our Services. We will not be liable to you or
any third party for any modification, price change, suspension,
or discontinuance of the Services.
We cannot guarantee the Services will be available at all
times. We may experience hardware, software, or other problems
or need to perform maintenance related to the Services,
resulting in interruptions, delays, or errors. We reserve the
right to change, revise, update, suspend, discontinue, or
otherwise modify the Services at any time or for any reason
without notice to you. You agree that we have no liability
whatsoever for any loss, damage, or inconvenience caused by your
inability to access or use the Services during any downtime or
discontinuance of the Services. Nothing in these Legal Terms
will be construed to obligate us to maintain and support the
Services or to supply any corrections, updates, or releases in
connection therewith.
18. GOVERNING LAW
These Legal Terms shall be governed by and defined following
the laws of Turkey. QUIZRISE LTD and yourself
irrevocably consent that the courts of Turkey shall have exclusive jurisdiction to resolve any dispute which
may arise in connection with these Legal Terms.
19. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute,
controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the
"Disputes")
brought by either you or us (individually, a "Party" and collectively, the
"Parties"), the
Parties agree to first attempt to negotiate any Dispute (except
those Disputes expressly provided below) informally for at least
thirty (30) days before initiating
arbitration. Such informal negotiations commence upon written
notice from one Party to the other Party.
Binding Arbitration
Any dispute arising out of or in connection with these Legal
Terms, including any question regarding its existence, validity,
or termination, shall be referred to and finally resolved by the
International Commercial Arbitration Court under the European
Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146)
according to the Rules of this ICAC, which, as a result of
referring to it, is considered as the part of this clause. The
number of arbitrators shall be three (3). The seat, or legal place, or arbitration shall be Izmir,
Turkey. The language of the proceedings shall
be Turkish. The governing law of these
Legal Terms shall be substantive law of Turkey.
Restrictions
The Parties agree that any arbitration shall be limited to the
Dispute between the Parties individually. To the full extent
permitted by law, (a) no arbitration shall be joined with any
other proceeding; (b) there is no right or authority for any
Dispute to be arbitrated on a class-action basis or to utilize class action
procedures; and (c) there is no right or authority for any Dispute
to be brought in a purported representative capacity on behalf of
the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the
following Disputes are not subject to the above provisions
concerning informal negotiations binding arbitration: (a) any
Disputes seeking to enforce or protect, or concerning the validity
of, any of the intellectual property rights of a Party; (b) any
Dispute related to, or arising from, allegations of theft, piracy,
invasion of privacy, or unauthorized
use; and (c) any claim for injunctive relief. If this provision
is found to be illegal or unenforceable, then neither Party will
elect to arbitrate any Dispute falling within that portion of this
provision found to be illegal or unenforceable and such Dispute
shall be decided by a court of competent jurisdiction within the
courts listed for jurisdiction above, and the Parties agree to
submit to the personal jurisdiction of that court.
20. CORRECTIONS
There may be information on the Services that contains
typographical errors, inaccuracies, or omissions, including
descriptions, pricing, availability, and various other
information. We reserve the right to correct any errors,
inaccuracies, or omissions and to change or update the information
on the Services at any time, without prior notice.
21. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS.
YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE
RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES
AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS
ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR
THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE
SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR
ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND
MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE
SERVICES, (3) ANY
UNAUTHORIZED ACCESS TO OR USE OF
OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION
AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE
SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE
WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD
PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND
MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT,
ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR
SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE
SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE
WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR
MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A
PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU
SHOULD USE YOUR BEST JUDGMENT
AND EXERCISE CAUTION WHERE APPROPRIATE.
22. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE
DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR
OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF
WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
23. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including
our subsidiaries, affiliates, and all of our respective
officers, agents, partners, and employees, from and against any
loss, damage, liability, claim, or demand, including reasonable
attorneys’ fees and expenses, made by any third party due to or
arising out of: (1) your Contributions; (2) use of the
Services; (3) breach
of these Legal Terms; (4) any breach of your representations and warranties set forth
in these Legal Terms; (5) your violation of the rights of a third party, including but
not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services
with whom you connected via the Services. Notwithstanding the
foregoing, we reserve the right, at your expense, to assume the
exclusive defense and control of any
matter for which you are required to indemnify us, and you agree
to cooperate, at your expense, with our defense of such claims. We
will use reasonable efforts to notify you of any such claim,
action, or proceeding which is subject to this indemnification
upon becoming aware of it.
24. USER DATA
We will maintain certain data that you transmit to the Services
for the purpose of managing the performance of the Services, as
well as data relating to your use of the Services. Although we
perform regular routine backups of data, you are solely
responsible for all data that you transmit or that relates to
any activity you have undertaken using the Services. You agree
that we shall have no liability to you for any loss or
corruption of any such data, and you hereby waive any right of
action against us arising from any such loss or corruption of
such data.
25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online
forms constitute electronic communications. You consent to
receive electronic communications, and you agree that all
agreements, notices, disclosures, and other communications we
provide to you electronically, via email and on the Services,
satisfy any legal requirement that such communication be in
writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES,
CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY
OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR
COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights
or requirements under any statutes, regulations, rules,
ordinances, or other laws in any jurisdiction which require an
original signature or delivery or retention of non-electronic
records, or to payments or the granting of credits by any means
other than electronic means.
26. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you
can contact the Complaint Assistance Unit of the Division of
Consumer Services of the California Department of Consumer
Affairs in writing at 1625 North Market Blvd., Suite N 112,
Sacramento, California 95834 or by telephone at (800) 952-5210
or (916) 445-1254.
27. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by
us on the Services or in respect to the Services constitute the
entire agreement and understanding between you and us. Our
failure to exercise or enforce any right or provision of these
Legal Terms shall not operate as a waiver of such right or
provision. These Legal Terms operate to the fullest extent
permissible by law. We may assign any or all of our rights and
obligations to others at any time. We shall not be responsible
or liable for any loss, damage, delay, or failure to act caused
by any cause beyond our reasonable control. If any provision or
part of a provision of these Legal Terms is determined to be
unlawful, void, or unenforceable, that provision or part of the
provision is deemed severable from these Legal Terms and does
not affect the validity and enforceability of any remaining
provisions. There is no joint venture, partnership, employment
or agency relationship created between you and us as a result of
these Legal Terms or use of the Services. You agree that these
Legal Terms will not be construed against us by virtue of having
drafted them. You hereby waive any and all defenses
you may have based on the electronic form of these Legal Terms
and the lack of signing by the parties hereto to execute these
Legal Terms.
In order to resolve a complaint regarding the Services or to
receive further information regarding use of the Services,
please contact us at:
QUIZRISE LTD
C/O Dirench & Co 151 West Green Road, Seven Sisters,
London,
England, England, N15 5EA