SERVICE OVERVIEW
You may access or obtain unique services, products, information, and community offerings ("Services") provided by Quiz Rocket through Quiz Rocket.com as a service to the Internet community, as offered on our Site. Quiz Rocket is a quiz service that offers a variety of quizzes for users to take. Such interactions include soliciting and collecting other users' opinions and input on a broad array of subjects. Some features and functionality require registration; however, much of Quiz Rocket can be used without registering.
Quiz Rocket in no way warrants or guarantees the quality, veracity, value, or appropriateness of any of the information or content created for our users and by sponsors, or affiliates. Additionally, none of the content on our Site can be assumed to reflect the beliefs, values, or intentions of Quiz Rocket. Quiz Rocket does, however, retain the right to edit, delete, modify, or alter inn any way information or content published on its Site at its sole discretion. Additionally, Quiz Rocket retains the right to re-use, copy, and/or reproduce any information or content posted on its Site.
CONSENT TO ELECTRONIC COMMUNICATIONS AND EMAIL SOLICITATION
When you register for Services, you hereby agree that Quiz Rocket may provide you with information, direct marketing, online and offline advertising and other materials regarding products, services and other offers from time to time and we may share your information with third parties for marketing purposes, unless you opt out, as described in our Privacy Policy. Such solicitations may take the form of email messages, surveys, displayed advertisements or other means of communication including automated means. Solicitations will be made to the contact information provided to us in the registration process. COMPLETE INFORMATION ABOUT THE COLLECTION AND USE OF YOUR INFORMATION IS AVAILABLE IN OUR PRIVACY POLICY AT http://www.quizrocket.com/privacy.
REGISTRATION OBLIGATIONS
In this Agreement "you" refers to the person who completes a quiz or sweeptsakes or registers for membership on Quiz Rocket. In consideration of your use of the Service, you hereby represent that you are of legal capacity to enter into a binding agreement and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or any information that Quiz Rocket has reasonable grounds to suspect is untrue, inaccurate, not current or incomplete, Quiz Rocket has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Quiz Rocket is concerned about the safety and privacy of all its users, particularly children. For this reason, if a Quiz Rocket visitor indicates that they are under the age of 13 we do not collect or save any data or information received from them. FOR Quiz Rocket REGISTRANTS BETWEEN THE AGES OF 13 AND 17, WE REQUEST THAT A PARENT ASSIST IN THE COMPLETION OF THE REGISTRATION AND ASSUME THAT BY DOING SO THE PARENT OR LEGAL GUARDIAN CERTIFIES THAT HE/SHE IS THE LEGAL GUARDIAN AND ALSO GIVES THE CHILD PERMISSION TO ACCESS ALL OF THE SERVICES INCLUDING, EMAIL, MESSAGE BOARDS, INSTANT MESSAGES AND CHAT (AMONG OTHERS). Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content are appropriate for your child.
NON COMMERCIAL USE BY MEMBERS
The Site is for the personal use of individual Users only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become members and should not use the Service or the Site for any purpose. Illegal and/or unauthorized uses of the Site, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
TRADEMARKS AND SERVICE MARKS
Quiz Rocket, Quiz Rocket.com, and the Quiz Rocket logo are either trademarks, service marks or registered trademarks of Quiz Rocket, and the Products and Services described or offered in this Site are either the trademarks, service marks or registered trademarks of Quiz Rocket, its suppliers, licensors, or affiliates, and may not be copied, imitated or used, in whole or in part, without Quiz Rocket's prior written permission or that of our suppliers or licensors. Other product and company names may be trade or service marks of their respective owners.
PROPRIETARY RIGHTS AND COPYRIGHT
Quiz Rocket and its licensors have expended substantial time, effort, and funds to create Quiz Rocket and its Services. All Quiz Rocket software, design, text, information, data, databases, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements, the selection and arrangements thereof, and other content (collectively, the "Content") are the property of Quiz Rocket and/or its subsidiaries, affiliates, assigns, licensors or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws.
All elements of Content on this Site are either Copyright 2009 Quiz Rocket, or are the proprietary property of Quiz Rocket's suppliers, affiliates or licensors. No copyrighted material or other Content may be reproduced, modified, used to create derivative works, displayed, performed, published, distributed, disseminated, broadcasted or circulated to any third party (including, without limitation, the display and distribution of the Content via a third party website or other networked computer environment) in ways other than those expressly enabled by Quiz Rocket without the express prior written consent of Quiz Rocket. Use of Quiz Rocket and/or its licensors' Content is only permitted with their express written permission. All rights reserved. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Quiz Rocket's copyright agent the written information specified below. (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 you claim has been infringed upon;(3) A description of where the material that you claim is infringing is located on the site; (4) Your address, telephone number, and email address; (5) 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; (6) 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. Notice of claims of copyright infringement on its site can be reached as follows: Copyright Agent PO Box 0125 Watertown, MA 02471 or via email at theprivacygroup@quizrocket.com.
DISCLAIMER OF WARRANTIES
THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS", WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, Quiz Rocket DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, Quiz Rocket DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE PRODUCTS AND SERVICES OR THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. Quiz Rocket SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PRODUCTS AND SERVICES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Quiz Rocket DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE PRODUCTS AND SERVICES. Quiz Rocket DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. Quiz Rocket DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. Quiz Rocket MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF MEMBER WEB PAGES OR ANY STORAGE FACILITIES OFFERED BY Quiz Rocket.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL Quiz Rocket OR ITS LICENSORS BE LIABLE TO ANY VISITOR OR THAT VISITOR'S USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF Quiz Rocket OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES, FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS AND SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCTS AND SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE Quiz Rocket NETWORK. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF MEMBER WEB PAGES OR OTHER CONTENT STORED THROUGHOUT THE Quiz Rocket NETWORK.
UNDER NO CIRCUMSTANCES SHALL Quiz Rocket OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
INDEMNITY AND RELEASE
By using Quiz Rocket you agree to indemnify Quiz Rocket.com and affiliated Sites, and its parents, subsidiaries, affiliates, officers, employees, and licensors, and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from your use of Quiz Rocket.com and affiliates Sites, your use of the Services, or your submission of ideas and/or related materials to Quiz Rocket.com or from any person's use of any account or password you maintain with any portion of Quiz Rocket.com, regardless of whether such use is authorized by you. By using Quiz Rocket.com and affiliated Sites, using the Services, or submitting any ideas and/or related materials to Quiz Rocket.com, you are hereby agreeing to release Quiz Rocket.com and affiliated Sites, and its parents, subsidiaries, affiliates, officers, employees, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Products and Services or to any disputes regarding use of ideas and/or related materials submitted to Quiz Rocket.com. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
LIMITATION OF ACTIONS
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of Quiz Rocket.com or affiliated sites or the Products and Services must be filed in the state of Massachusetts.
ARBITRATION, GOVERNING LAW AND FORUM FOR DISPUTES
Unless expressly stated to the contrary elsewhere within the Products and Services, all legal issues arising from or related to the use of the Products and Services shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the Commonwealth of Massachusetts applicable to contracts entered into and wholly to be performed within said state. Any controversy or claim arising out of or relating to these Terms and Conditions or any user's use of the Products and Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Boston, Massachusetts, and judgment on the arbitration award may be entered into in any state or federal court in Massachusetts having jurisdiction thereof. Any party seeking temporary or preliminary injunctive relief may do so in any state or federal court in Massachusetts having jurisdiction thereof. Except as set forth above, the state and federal courts of Massachusetts shall be the exclusive forum and venue to resolve disputes arising out of or relating to these Terms and Conditions or any user's use of the Products and Services. By using the Products and Services and thereby agreeing to these Terms and Conditions, users consent to personal jurisdiction and venue in the state and federal courts in Massachusetts with respect to all such disputes.
MISCELLANEOUS
No software from this Site may be downloaded, exported or re-exported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions.
This Agreement contains the entire understanding and supersedes all prior understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. If any provision of this Agreement is found to be illegal or unenforceable, the Agreement will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect. This Agreement and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the Laws of the State of Massachusetts applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws), and jurisdiction for any court action in the State of Massachusetts.
TERMS OF SERVICE LAST UPDATE:
This policy was last updated on January 27, 2009.
