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QuizSoup.com
- Terms of Service:
You must read the QuizSoup.com
Privacy Policy, Web
Site Rules and Terms
of Service (this document), prior to using any portion
of the QuizSoup.com service. These documents are subject to
change without notice. Please read them before each use of the
QuizSoup.com service. THESE AGREEMENTS CONTAIN PROVISIONS THAT
LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE AGREEMENTS IN
THEIR ENTIRETY. If you do not agree to the QuizSoup.com Privacy
Policy, Web Site Rules and Terms of Service, you may not use
any portion of the QuizSoup.com service.
Terms of Service:
1. GENERAL
The QuizSoup.com website (the "Site") provides Users (as herein
defined) with the capability to create multiple choice quiz
content and invite their friends to view the quiz. Use of the
Site is governed by these Terms of Service (the 'Terms'), the
Privacy Policy and the Web Site Rules, all of which Users must
read prior to using the Site. The Site is owned and operated
by PassThePotato LLC ("QuizSoup.com"). A "User" is defined as
any person who establishes a connection to or accesses any QuizSoup.com
related materials, including, without limitation, to create
or take or view a quiz. By using the Site, User specifically
agrees to be bound by the Terms, as such may be wholly or partially
changed, modified, added to or reduced at any time by QuizSoup.com
in its sole discretion. Users should visit the Site periodically
to determine the conditions of the binding Terms.
2. USER CONDUCT AND USE OF SITE
(A) User agrees to use the Site for lawful, non-commercial purposes
only. User shall comply with all federal, state and local laws
applicable to the use of the Site and shall not post or transmit
through the Site any material which violates or infringes in
any way upon the rights of others (including, without limitation,
any copyright, trademark or other intellectual property rights),
is unlawful, threatening, abusive, defamatory, invasive of privacy
or publicity rights, vulgar, obscene, profane or otherwise objectionable,
encourages conduct that would constitute a criminal offense,
give rise to civil liability or otherwise violate any law, or
contains advertising or any solicitation.
(B) QuizSoup.com is not in any way associated or responsible
for the quiz content of its Users. QuizSoup.com has created
the QuizSoup.com Web Site Rules at http://www.QuizSoup.com/websiterules.php
to assist its Users in using its electronic service in a lawful
and appropriate manner. While QuizSoup.com does not ordinarily
monitor the content of users' quizzes, it reserves the right
to refuse to accept or remove any data that is, in its sole
discretion, unacceptable, and to disclose data to law enforcement
agencies or authorities who may investigate reports of misuse
or abuse of this service. All Users take quizzes at their own
risk. If User views or receives an abusive quiz, User may e-mail
QYFcontactus@yahoo.com with the quiz link in the subject field
so QuizSoup.com, in its sole discretion, can determine whether
or not to delete the quiz. This process may take up to 90 days. It will not be possible to remove a quiz without including the quiz link in your email. Emails that do not contain quiz links will NOT be considered requests to remove a quiz
Send to: QYFcontactus@yahoo.com
Subject: (paste in the entire quiz link)
(C) All legal matters are to be directly between the quiz creator
and the quiz taker. By using the Site, User, whether quiz creator
or taker, agrees to indemnify, release and hold harmless QuizSoup.com
from all liability associated with User's use of the Site.
(D) The Site contains copyrighted material, trademarks, and
other proprietary information, including but not limited, to
web site design, concept, programming, files, and data, all
of which are owned by QuizSoup.com. User shall not modify, publish,
transmit, translate, participate in the transfer or sale, create
derivative works, or in any way exploit, any of the content,
in whole or in part. No copying, redistribution, retransmission,
publication or commercial exploitation of downloaded material
will be permitted. User acquires no ownership rights by downloading
copyrighted material.
(E) User shall not upload, post or otherwise make available
on the Site any material protected by copyright, trademark or
other proprietary right without the express permission of the
owner of the copyright, trademark or other proprietary right,
and the burden of determining that any material is not protected
by copyright rests with User. Without limiting the generality
of subsection (C) above, User shall be solely liable for and
shall indemnify and hold QuizSoup.com harmless for any damage
resulting from any infringement of copyrights, proprietary rights,
or any other harm resulting from such a submission. By submitting
material to any area of the Site, User represents and warrants
to QuizSoup.com that the owner of such material has expressly
granted QuizSoup.com the royalty-free, perpetual, irrevocable,
non-exclusive right and license to use, reproduce, modify, adapt,
publish, translate and distribute such material (in whole or
in part) worldwide and/or to incorporate it in other works in
any form, media or technology now known or hereafter developed
for the full term of any copyright that may exist in such material.
User permits any other User to access, view, store or reproduce
the material for that User's personal use, and User hereby grants
QuizSoup.com the right to edit, copy, publish and distribute
any material made available on the Site by User.
(F) User relinquishes any and all rights to suggestions, ideas
or other content that User submits to QuizSoup.com, including
but not limited to, quiz content and images. The act of submitting
suggestions, ideas or other content to QuizSoup.com, does not,
in itself, create an agreement of any kind between User and
QuizSoup.com. QuizSoup.com reserves the right to freely use
and modify the submitted suggestions, ideas or other content
without first obtaining consent from the submitter.
3. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY.
(A) Use of the Site service or access to any portion of the
Site is done at the sole risk of User.
(B) QuizSoup.com shall not be held liable for the receipt of
any unwanted quiz links or the content of any contact resulting
from or associated with QuizSoup.com. It is the sole responsibility
of User to seek permission from its recipients prior distrubiting
any QuizSoup.com content via varius links or e-mails. At no
time will QuizSoup.com be held responsible for any inability
to prevent links or e-mails from being sent to any party. Neither
QuizSoup.com nor any or its third parties are responsible for
the user-added portion contained in QuizSoup.com, quiz content,
quiz results and images, or any other content associated with
the QuizSoup.com service.
(C) THE QUIZSOUP.COM SERVICE IS PROVIDED ON AN "AS IS" BASIS
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, OR
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. QuizSoup.COM DOES NOT WARRANT THAT ANY INFORMATION
IS COMPLETE OR ACCURATE, THAT USE OF THE SITE WILL BE UNINTERRUPTED
OR ERROR FREE OR THAT ANY INFORMATION IS FREE OF ROGUE PROGRAMMING.
IN NO EVENT WILL QuizSoup.COM, BE LIABLE FOR ANY DAMAGES, INCLUDING
WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR PUNITIVE DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE
ANY PORTION OF THE SITE, LINKS TO THIRD-PARTY CONTENT, SUBMITTED
CONTENT, ALL CONTENT OF QuizSoup.COM OR ANY ERRORS, INACCURACIES,
OMISSIONS OR LACK OF AUTHENTICITY OF ANY SUCH CONTENT.
(D) The above disclaimer of liability includes, without limitation,
any damages or injury caused by any availability of service,
error, deletion, theft, alteration, or destruction of data,
computer virus, tortious behavior, negligence, or any other
cause of action or inaction. User assumes the entire cost of
all damage, servicing, repair, or correction resulting from
the use of the Site in any manner, including but not limited
to the offensive or illegal conduct of other Users or third-parties
of the Site.
4. COPYRIGHTS AND COPYRIGHT AGENTS (17 U.S.C. 512(i))
QuizSoup.com respects the intellectual property of others, and
we ask our Users to do the same. If a User believes that User?s
work has been copied in a way that constitutes copyright infringement,
such User should provide QuizSoup.com?s Copyright Agent the
following information:
1. an electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that User claims has
been infringed;
3. a description of where the material that User claims is infringing
is located on the site;
4. User?s address, telephone number, and email address;
5. a statement by User of User?s good faith belief that the
disputed use is not authorized by the copyright owner, its agent,
or the law;
6. a statement by User, made under penalty of perjury, that
the above information in User?s Notice is accurate and that
User is the copyright owner or authorized to act on the copyright
owner?s behalf.
QuizSoup.com's Copyright Agent for Notice of claims of copyright
infringement on its site can be reached as follows:
QuizSoup.com Copyright Dept.
PassThePotato LLC
PO Box 62666
Cincinnati, OH 45262
5. ADVERTISING ON THE SITE
The Site may contain various types of advertising, including
but not limited to banners, popups and text links. The relationship
between User and a QuizSoup.com advertiser shall be controlled
by the terms found on an advertiser's Web site or any other
agreement entered into by User and such advertiser. QuizSoup.com
is not associated with or responsible for any correspondence,
business dealing, agreements or disputes between User and any
advertiser, including, without limitation, those related to
payment and delivery of goods or services and any other terms
associated therewith. QuizSoup.com encourages User to read any
advertiser's privacy policy and web site rules when User connects
to them through the Site. QuizSoup.com is not responsible for
any losses User may incur from doing business with a QuizSoup.com
advertiser. Neither QuizSoup.com nor any or its third parties
are responsible for the user-added portion contained in QuizSoup.com,
quiz content and images, or any other content associated with
the QuizSoup.com service.
6. INTERNATIONAL USE
QuizSoup.com reserves the right to modify QuizSoup.com and the
materials contained within at any time without prior notice.
7. GOVERNING LAW
Any disputes arising out of or related to the use of the Site
or these Terms shall be governed by the laws of the State of
Ohio, U.S.A., without regard to principles of conflicts of law.
The courts located in Hamilton County, Ohio shall have the exclusive
jurisdiction and venue over any dispute arising out of or relating
to these Terms.
8. SEVERABILITY
The invalidity or unenforceability of any provision of these
Terms shall not affect the other provisions hereof, and these
Terms shall be construed and remain in full force and effect
in all respects with such invalid or unenforceable provisions
limited or excluded to the minimum extent required under applicable
law.
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