Legal

Terms & Conditions


Effective June 20, 2009

IMPORTANT - BY USING THIS WEBSITE (THE "SITE") AND/OR ENTERING YOUR E-MAIL ADDRESS OR CLICKING ON ANY LINK OR CHECKBOX, INCLUDING SELECTING THE YES OPTION TO DOWNLOAD THE QUIZULOUS TOOLBAR, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. NO VERBAL REPRESENTATIONS, MODIFICATIONS OR ALTERATIONS ARE BINDING ON THE COMPANY AND ARE NOT PART OF THESE TERMS AND CONDITIONS.


These Terms & Conditions constitute the agreement (the "Agreement") between you and Quizulous.com (the "Company") which govern your use of the Site and all Downloads (as defined below) from the Site (collectively, the "Services"). You acknowledge that this Website may provide advertisements to individuals who respond to and provide the required information and that you are accessing this Website primarily for that purpose. By your use of the Services, you represent and warrant that (a) you have read and understood this Agreement and agree to be bound by its Terms, (b) you are the person or entity responsible for the e-mail account associated with the e-mail address provided and you have the authority to disseminate that e-mail address and use it on the Site, (c) you are responsible for all services used through that e-mail account, (d) you are at least 18 years of age.


IF YOU DO NOT AGREE TO BE BOUND BY (OR CANNOT COMPLY WITH) ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK ON "CANCEL" AND DO NOT CONTINUE OR ENTER YOUR E-MAIL ADDRESS.


AMENDMENT OF TERMS & CONDITIONS:
The Company may from time to time amend, supplement or modify these Terms & Conditions. Upon amendment or modification, the Company will post a copy of such amended Agreement on this Site. If you do not agree to be bound by (or cannot comply with) the Agreement as amended or modified, you agree that your sole remedy is to cease using the Services by sending an e-mail to feedback@quizulous.com. Your continued use of the Services constitutes your agreement to be bound by the amended Agreement.


DESCRIPTION OF DOWNLOADS:
The Company makes available for use with the Site a toolbar (the "Download") which you must download in order to use the Site. The Download may alter settings or other items on your computer, and you agree to allow the Company to make such alterations as are necessary for the toolbar to function properly. Entry of your correct e-mail address is a condition precedent to your receiving access to the Download, as you agree that you will not be able to access the Download without first entering your e-mail address.


USE OF YOUR ACCOUNT:
Your account with the Company shall be identified by your e-mail address. You agree that you will not allow unauthorized individuals to use your account, and you agree to be responsible for all actions taken on your account as a result of such unauthorized access.


You agree to indemnify and hold harmless, the Company, its officers, directors, shareholders, partners, parent companies, affiliated companies, subsidiaries, agents, insurers, and/or licensors, as applicable for any and all claims, damages, costs, expenses (including actual attorney's fees), liabilities or losses, arising from or out of any improper, unauthorized or illegal uses of your account. The Company shall be entitled to rely on the assumption that the person or entity responsible for the e-mail account to which content is downloaded is responsible for all use of the Service through that e-mail account. Under no circumstances will the Company be liable to persons or entities claiming that they did not authorize the use of their e-mail account to receive a Download or utilize the Services.


While the Company makes every effort for the Downloads to work on all systems and with all computer hardware, you acknowledge that certain Downloads may only be supported by certain programs, software or computer hardware. The Company is not responsible or liable for any attempted Download that is not supported by your software or that is incompatible with your operating system or computer hardware. In no event will the Company be responsible or liable to you for the inability, incompatibility or failure of any Download.


You may use the Services only in accordance with the Terms of this Agreement, and any amendments hereto, as well as any additional terms that may be presented in connection with any particular feature or function of the Services from time to time.


The Services are for your personal use. You understand and agree that you may not transmit or re-transmit, broadcast or re-broadcast or make any commercial use of the Services, including the Downloads. You may not attempt (or authorize, encourage or support others' attempts) to circumvent, reverse engineer, decrypt, break or otherwise alter or interfere with the Services, including the Downloads. You agree to advise the Company promptly of any such unauthorized use(s) or attempt(s). You understand and acknowledge that the Downloads made available as part of the Services are owned by the Company. The Company grants to you, upon satisfaction of your obligations herein set forth, a non-exclusive, limited, revocable license to use the Downloads in accordance with these Terms and Conditions. You agree that the Company may revoke said license at any time, for any reason, in its sole discretion.


OBJECTIONABLE OR EXPLICIT CONTENT
Although the Company believes strives to avoid objectionable content, it is possible that some users may view content on the Site or through a Download as objectionable. The Company is not responsible to you for any content or materials contained in all or part of any Download or on the Site that you might find objectionable.


INTERNATIONAL CONSIDERATIONS
Currently, the Services are only available to residents of the United States. You understand and acknowledge that you may not sign up for, access, or attempt to access or use the Services from countries outside of the United States. You agree to abide by United States and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a national destination or person prohibited under such laws.


COOKIES
The Company allows the use of cookies, similar to an Internet browser. This allows the Company to set cookies for you when you view any of the Site's content, unless you have disabled cookies. If you have disabled cookies, you may be asked to login each time you access the Site and some Company services may not function properly. Additionally, for Challenged Users, the Company will store and gather information for verification purposes, which the Company may then use as provided in these Terms & Conditions.


COPYRIGHT INFORMATION
The Services, including the Downloads, and portions of them, may contain or comprise copyrighted and/or proprietary subject matter. This Site, and all information and/or content that can be seen, heard or otherwise experienced on this Site, including without limitation all reports, text, video, graphics, audio, and other materials (collectively, the "Content") are protected by U.S. and international copyright, trademark and other laws, and belong to the Company, or to a third party providing such information. Your rights with respect to your use of the Company's, or any third party's, intellectual property are governed by the Terms of this Agreement, all applicable laws, including but not limited to intellectual property laws, and any applicable end-user license agreements. Your use of the Services and the Downloads is pursuant to a non-transferable, non-exclusive, revocable, limited license; you will not obtain any ownership rights in the Services or Downloads through this Agreement.


You agree to use the website and the Content solely for your personal use. You may download, print and store portions of the Content that you select for such use. No right, title or interest in any downloaded Content or materials is transferred to you as a result of any such downloading. The Company reserves absolute title and full intellectual property rights in any Content you download from this website. You may not modify, reformat, copy, reproduce, display, distribute, repost, transmit, publish, license, sell, rent, transfer, or create derivative works from any Content or information obtained from this Website, except as expressly permitted by these Terms & Conditions. You may not mirror or frame the home page or any other pages of the Website on any other website or web page and may not connect links to this Website. You may not use a robot, scraper or other automated means of accessing the Website. You are prohibited from using any of the marks or logos appearing throughout the Website without express written consent from the Company, except as permitted by applicable law. Any violation of any of these provisions may result, in the Company's sole discretion, in the immediate termination of your right to access and use the Company's Website.


NOTICES
The Company respects the intellectual property rights of others, and it expects you to do the same. If you know of or suspect that any use of the Service or the Downloads constitutes copyright infringement, please send a notice to the Company's Customer Service department by email to feedback@quizulous.com. The notice must contain the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf; (b) description of the copyrighted work(s) that is/are allegedly being infringed; (c) the location of the allegedly infringed work(s); (d) your current contact information (e.g. address, phone number, and email address); (e) a statement that you have a "good faith belief" that the use of the complained-of copyrighted work(s) is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you signed under penalty of perjury that all the information you provide in the notice is accurate and that you are the copyright owner or a person authorized to act on the copyright owner's behalf (all of this collectively is a "Notice").


VIOLATION OF INTELLECTUAL PROPERTY RIGHTS
If the Company (a) receives a Notice alleging that you have engaged in infringing behavior or (b) reasonably suspects that your use of the Service or the Downloads violates the intellectual property rights of the Company or others, the Company may, in its sole discretion, suspend or terminate your account with or without notice to you. If the Company suspends or terminates your account under this paragraph, it shall have no liability or responsibility whatsoever to you.


PROMOTIONS AND ADVERTISING
The Company will not use information provided by you for advertising or marketing purposes.


LINKS TO THIRD-PARTY SITES
The Services may present links to retailers and/or other third-party websites not owned or operated by the Company. These links are provided only as a convenience to you. Neither the Company nor its business partners are responsible for the availability of these third party sites or the content on those sites. You acknowledge that neither the Company nor its business partners are responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content of any such site or goods or services available through any such site. You should direct any concerns regarding these third-party sites to those sites' administrators and not the Company.


MODIFICATIONS TO SERVICE
The Company reserves the right from time to time to modify or discontinue, temporarily or permanently, the Services, or any part thereof, with or without notice to you. You agree that neither the Company nor its affiliates or licensors shall be liable to you or to any third party for any modification, suspension or discontinuance of the Services.


REMEDIES
You understand and agree that any unauthorized use of the Services or the Downloads would result in irreparable injury to the Company and/or its affiliates or licensors for which money damages would be inadequate, and in such event the Company, its affiliates and/or licensors, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this paragraph or elsewhere in this Agreement shall be construed to limit remedies or relief available pursuant to statutory or other claims that the Company, its affiliates and/or licensors may have under separate legal authority, including but not limited to, any claim for intellectual property infringement.


INDEMNITY
You agree to indemnify and hold harmless the Company, its agents, employees, representatives, licensors, affiliates, parents and subsidiaries from and against any and all claims, actions, demands, causes of action and other proceedings arising from or concerning your use of the Services (collectively "Claims"), and to reimburse them on demand for any losses, costs, judgments, fees, fines and other expenses they incur (including attorneys' fees and court costs) as a result of any Claims.


TERMINATION, CANCELLATION AND PLAN CHANGES
The Company may in its sole discretion terminate this Agreement or suspend your account at any time with or without notice to you if you breach (or if the Company reasonably suspects that you have breached) any provision of this Agreement. If the Company terminates this Agreement, or suspends your account for any of the reasons set forth in this paragraph, it shall have no liability or responsibility to you. You understand and agree that your cancellation of your account is your sole right and remedy with respect to any dispute with the Company. This includes, but is not limited to, any dispute related to or arising out of: (a) any term of this Agreement or the Company's enforcement or application of the same; (b) any policy or practice of the Company, including its Privacy Policy, or the Company's enforcement or application of these policies; (c) the Downloads; and (d) your use of and/or ability to access and use the Services.


DISCLAIMERS
You understand and agree that your use of the Service and the Downloads is at your own sole risk. THE SERVICE AND THE DOWNLOADS ARE PROVIDED "AS IS" AND WITHOUT WARRANTY BY THE COMPANY OR ITS AGENTS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, BUSINESS PARTNERS AND/OR SUPPLIERS (THE "COMPANY'S ENTITIES"), AS APPLICABLE, AND, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE COMPANY AND THE COMPANY'S ENTITIES, AS APPLICABLE, EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NONINFRINGEMENT OF THIRD PARTY RIGHTS. THERE IS NO WARRANTY THAT THE SERVICE OR THE DOWNLOADS WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO THE SAME WILL BE UNINTERRUPTED OR ERROR-FREE. THE COMPANY AND/OR THE COMPANY'S ENTITIES, AS APPLICABLE, DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE OR THE DOWNLOADS WITH RESPECT TO PERFORMANCE, ACCURACY, RELIABILITY, SECURITY CAPABILITY, CURRENTNESS OR OTHERWISE. YOU WILL NOT HOLD THE COMPANY AND/OR THE COMPANY'S ENTITIES, AS APPLICABLE, RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM YOU ACCESSING THE SERVICES OR USING THE SERVICES, AND/OR THE DOWNLOADS INCLUDING, BUT NOT LIMITED TO, ANY INFECTIONS OR CONTAMINATIONS OF YOUR DEVICES YOU USE TO ACCESS THE SAME OR TO TRANSFER DOWNLOADS THAT MAY RESULT FROM THAT USE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON SHALL CREATE A WARRANTY IN ANY WAY WHATSOEVER RELATING TO THE COMPANY AND/OR THE COMPANY'S ENTITIES AS APPLICABLE.


TO THE EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL THE COMPANY AND/OR THE COMPANY'S ENTITIES AS APPLICABLE, BE LIABLE FOR ANY UNAUTHORIZED USE OF THE SERVICE AND/OR THE DOWNLOADS.


TO THE EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL THE COMPANY AND/OR THE COMPANY'S ENTITIES AS APPLICABLE, BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES AND/OR THE DOWNLOADS, EVEN IF THE COMPANY AND/OR THE COMPANY'S ENTITIES AS APPLICABLE, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. TO THE EXTENT THAT IN A PARTICULAR CIRCUMSTANCE ANY DISCLAIMER OR LIMITATION ON DAMAGES OR LIABILITY SET FORTH HEREIN IS PROHIBITED BY APPLICABLE LAW, THEN, INSTEAD OF THE PROVISIONS HEREOF IN SUCH PARTICULAR CIRCUMSTANCE, THE COMPANY AND/OR THE COMPANY'S ENTITIES AS APPLICABLE, SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND/OR LIMITATIONS ON DAMAGES AND LIABILITY AVAILABLE AT LAW OR IN EQUITY BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE, AND IN NO EVENT SHALL SUCH DAMAGES OR LIABILITY EXCEED $100.00.


LAW AND LEGAL NOTICES
This Agreement and any other terms or documents referred to herein represent your entire agreement with the Company with respect to your use of the Services and/or the Downloads. You understand and agree that, except as expressly set forth herein, this Agreement is not intended to confer, and does not confer, any rights or remedies upon any person other than the parties to this Agreement. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The Company's failure to pursue any available claim or defense pursuant to this Agreement will not be a waiver of such claim or defense. The headings used in this Agreement are for convenience only, and will have no effect or limitation on the interpretation or legal enforceability of the terms herein.


GOVERNING LAW:
Every provision of these Terms & Conditions will be construed, to the extent possible, so as to be valid and enforceable. If any provision of these Terms & Conditions so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision will, to the extent so held, be deemed severed from these Terms & Conditions and all other provisions will remain in full force and effect. Any and all disputes relating to these Terms & Conditions, the website, your use thereof, or the Content (collectively, "Disputes") are governed by, and will be interpreted in accordance with, the laws of the State of Illinois, without regard to any conflict of laws provisions. The venue for any Dispute arising out of or in any way related to this Agreement shall be brought in a state court situated in Cook County, Illinois, and you hereby irrevocably submit to, and waive any objection to, the personal jurisdiction of such court for that purpose, or to the inconvenience of that forum.