Online Terms

Last Revised: May 28 st 2020

General

These Terms of Use (the "Terms of Use") apply to your ("you", "your" or "User") use of: (i) our website (available at https://quizzicai.blogspot.com/; the "Website"); (ii) our mobile apps (the "Application"); (iii) our other products or services, such as the quizzical Analytics (as defined below), including any documentation related thereto; and (iv) any extensions or derivatives of our Website or any part thereof (including any APIs, pixels, tags, cookies, iFrames, scripts or any other software components necessary to enable connection to the Website) which may be embedded on third party websites, blogs, social networking platforms, applications or other third party online services (the “Embedded Items”) (collectively, the "Platform"), which are owned or operated by quizzical. ("us", "we", "our" or "quizzical").

Please read these Terms of Use carefully; if you visit, access or use the Platform you agree to be bound by these Terms of Use and by our Privacy Policy, which is incorporated herein by reference.

Please note that depending on your usage of our Platform, the following additional terms shall apply:

If you create a quizzical Account – the quizzical Creator Terms.

If you embed or distribute an Embedded Item – the quizzical Publisher Terms.

Definitions

"Advertisements" shall mean any advertising materials (including content recommendations and/or any form of sponsored materials), in whatever format (including graphics, links, audio, display ads, video ads, etc.), as made available or delivered through the Platform.

"Malicious Code" shall mean viruses, worms, malware, spyware, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or programs, including code that is intended to or has the effect of misappropriating, hijacking, commandeering, or disrupting access to or use or operation of any information, device, hardware, system or network.

"Objectionable Content" shall mean content that promotes or contains links to content that is (i) pornographic, sexually explicit or obscene, (ii) harassing, threatening, abusive, inflammatory or racist, (iii) illegal, contrary to public policy or that could facilitate the violation of any applicable law, regulation or government policy, (iv) libelous or defamatory, (v) infringes upon the intellectual property rights of any third party, including copyrights, trademarks, trade names, trade secrets or patents of such third party; (vi) violates the privacy, publicity, moral or any other right of any third party; (vii) offers or disseminates any fraudulent goods, services, schemes, investment opportunities, promotions or advice not permitted by law; (viii) promotes illegal gambling, the use of illegal substances, or the consumption of alcoholic beverages or tobacco-related products; (ix) directed or primarily appeals to children under the age of 16; (x) harmful to quizzical or any other party’s systems and networks, including Malicious Code, adware, spyware or drive-by download applications; (xi) violates any obligation of confidentiality; or (xii) unacceptable in quizzical sole discretion.

Eligibility

You may use our Platform only if you can form a binding contract with quizzical. Any use or access by anyone under the age of 16 is prohibited. By accessing this Platform, you certify to us that you are at least 16 years old. If you would like to report any violation of this prohibition, please visit our Privacy Policy.

License and Restrictions

Subject to these Terms of Use, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Platform as provided herein.

You may not, and may not encourage or assist others to:

Publish, distribute, duplicate, sell, re-sell, disclose, “frame”, market, license, sublicense, rent, lease, display, provide, transfer or make available the Platform or make any other use of Platform (including the Embedded Items or any content available therefrom), any portion thereof or any content displayed therein, to any third party, except as explicitly permitted in these Terms of Use or with our prior permission;

Modify, remove, edit, amend, truncate, obscure, bypass or reorder any aspect of the Embedded Items or the Advertisements, unless quizzical makes available the means for the foregoing through an explicit embedded feature or functionality offered by quizzical in the Platform and to the extent enabled by such feature or functionality;

Download, extract, republish, retransmit, reproduce or make any other use of the Embedded Items (including the User Content, quizzical Content or any portion thereof) as a stand- alone file;

Decompile, reverse engineer, disassemble, enhance, or otherwise make any attempt to discover the source code of, hack, or create derivative works from the Platform (including the Embedded Items or any content displayed or available therefrom) or any portion thereof.

Copy, crawl, index, cache or store any information derived by quizzical, or use any robot, spider, data gathering or extraction tool, or similar mechanisms, with respect to the Platform (including the Embedded Items or any content available therefrom) and/or any underlying technology;

Edit, remove, obscure or alter any credits, watermarks, tradenames, trademarks, logos, service marks or copyright notices set on Platform (including the Embedded Items or any content available therefrom), or remove or obscure the attribute/hyperlink to quizzical and the Website ("Powered byquizzical" or any other similar wording);

Use the Platform (including the Embedded Items or any content available therefrom) and/or any underlying technology to introduce any routine, device or other undisclosed feature, including a so-called time bomb, virus, software lock, drop dead device, malicious logic, worm, Trojan horse, or trap door, that is designed to delete, disable, deactivate, interfere with or otherwise harm any software, program, data, device, system or service, or which is intended to provide unauthorized access or to produce unauthorized modifications.

We may edit, modify, disable access or remove any content from our Platform (including from the Embedded Items), for any reason, at any time and without prior notice. We also reserve the right to remove or disable access to any content or material posted, uploaded, published or incorporated in or to the Platform, including by any Users that are repeated infringers of our policies.

If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you.

Proprietary Rights

All right, title and interest in and to the Platform, including compilations, digital conversions, magnetic translations, software and other materials related to the Platform are and shall at all times remain the sole and exclusive property of quizzical, and are protected by applicable intellectual property laws and treaties.

All materials and contents (other than the User Content) displayed, made available, included, incorporated, uploaded, posted, published, contributed, performed or used on the Platform, which were created by quizzical (together “quizzical Content”), are:

The sole property of quizzical and/or third parties, as applicable (including, without limitation, with respect to content from Getty Images as further detailed below);

Protected by applicable intellectual property rights, including copyright laws; and

Intended solely for the personal use of Users within the Platform and may only be used in accordance with these Terms of Use.

All data related to the Platform or collected through the Platform (including through the use of tags, pixels, cookies, scripts or any other software components) shall be the sole property of quizzical. All trademarks, service marks, trade names, logos, and any other proprietary designations of quizzical used herein, are trademarks or registered trademarks of quizzical. Any other trademarks, service marks, trade names, logos and any other proprietary designations are the trademarks or registered trademarks of their respective parties. In addition, the arrangement and compilation of the Website and the Applications (including, without limitation, the “look & feel”) are the exclusive property of quizzical and are protected by copyright laws.

All rights not expressly granted to you in these Terms of Use are reserved by quizzical.

The Platform contains User Content and quizzical Content. Such content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any content accessed through the Platform.

Reporting Abuse

In the appropriate circumstances and under our sole discretion, we may disable or terminate the quizzical Accounts of Users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others. In accordance with the Digital Millennium Copyright Act of 1998, we will respond expeditiously to claims of copyright infringement committed using the Platform that are reported to quizzical Designated Copyright Agent, identified in the 4

To demonstrate our commitment to your privacy, we have developed our Privacy Policy which outlines our practices with respect to the collection, use and disclosure of information relating to your activities on the Platform and the Advertisements. By using our Platform, you acknowledge that you have reviewed our Privacy Policy and agree to be bound by its terms and conditions.

Links or Access to Third Party Content

Our Platform may contain links to third party websites, apps, services, offering, materials, products, advertisements, recommendations or other events or activities ("Third Party Content") that are not owned or controlled by us. We do not control, endorse or assume any responsibility for any such Third Party Content. If you access any Third Party Content from our Platform, you do so at your own risk and you agree that we will have no liability arising from your use of or access to any Third Party Content.

Third Party Software

Portions of the Platform may include software that we license from third parties, which may include open source software or related components ("Third Party Software") and is subject to the terms imposed by third party licensors. We do not make any warranty with respect to Third Party Software. For further information about Third Party Software, please visit here. You agree that your use of the Platform is subject to the applicable Third Party Software referred to therein, as updated from time to time.

Termination

quizzical may terminate or suspend the licenses provided herein at any time and cease providing you access to our Platform, with or without cause or notice to you. If you violate these Terms of Use, the Creator Terms or the Publisher Terms (as applicable to you), or if you violate any terms, restrictions or limitations specified in any additional agreement(s) you may enter into with quizzical or that may apply to your specific use of the Platform, or if you otherwise create risk or possible legal exposure for us, we can immediately stop providing you access to all or part of the Platform and terminate the licenses provided herein (including by suspending or terminating your quizzical Account, or otherwise restricting your access to our Platform) and/or the additional agreement(s), as applicable.

Upon termination, you continue to be bound by sections: License and Restrictions, Proprietary Rights, Privacy Policy, Termination, Indemnification, Limitations on Liabilities, Warranty Disclaimer, Disputes and Miscellaneous.

Termination of a User’s access to and use of the Platform shall not relieve User of any obligations arising or accruing prior to such termination or limit any liability which User otherwise may have to quizzical, including without limitation any indemnification obligations contained herein.

Indemnification

If anyone brings a claim against us related to your use of our Platform, you will indemnify and hold us (including our and our subsidiaries’ shareholders, directors, officers, employees, partners and agents) harmless from and against all damages, losses, costs and expenses of any kind (including reasonable legal fees and costs) related to such claim.

Limitations on Liabilities

To the maximum extent permitted by law, quizzical (including its and its subsidiaries’ shareholders, directors, officers, employees, and agents) shall not be liable for any personal injury, indirect, incidental, special, exemplary, consequential or punitive damages, or any loss of profits or revenues (regardless of whether we were advised of the possibility of such damages), whether incurred directly or indirectly, or any loss of data, use, good-will, or other intangible losses.

In no event shall quizzical (including its and its subsidiaries’ shareholders, directors, officers, employees, and agents) aggregate liability for all claims relating to the Platform exceed the higher of: (a) one thousand U.S. Dollars (U.S. $1000.00) or (b) the fees paid, if any, to quizzical for the use of the Platform in the six (6) month period preceding the events giving rise to the liability. Applicable laws may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable laws.

Warranty Disclaimer

The Platform and all included content (including any quizzical Content, User Content, the Embedded Items and/or the Advertisements) are provided on an "AS IS" and "AS AVAILABLE" basis without warranty of any kind. We specifically disclaim any and all warranties, express or implied, and conditions of merchantability, title, fitness for a particular purpose, and non-infringement. We do not guarantee that the Platform (including the Embedded Items and the Advertisements) and all included content will always be complete, accurate, safe, secure, bug-free or error-free, or that the Platform and all included content will always function without disruptions, delays or imperfections. We may change, suspend or discontinue the Platform (or any part thereof, including the quizzicalContent) at any time, including the availability of any feature or database, without notice or liability. In addition, we may impose limits on certain features and services or restrict User’s access to the Platform (or any part thereof) without notice or liability.

We do not control or direct Users' actions on our Platform and are not responsible for the content or information Users transmit or publish on or through our Platform.

Although we reserve the right to do so, we do not regularly monitor, pre-screen or approve User Content. quizzical accepts no responsibility with regards to any User Content. The content that appears or made available through our Platform is intended for informational, educational or entertainment purposes only. Note that any content items on the Platform that include polls, voting, etc. are not intended to be of a scientific sample or research, and should not be relied upon as such. Before you act on information that you've found on our Platform, you should confirm any facts that are important to your decision

To the fullest extent permitted by law, we disclaim any responsibility or liability for the accuracy, reliability, availability, completeness, operability of the Platform or to any content (including quizzical Content or User Content) included in the Platform.

You expressly acknowledge and agree that the use of the Platform is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and efforts is solely with you.

Disputes

Governing law

These Terms of Use, the Creator Terms and the Publisher Terms, and your use of the Platform shall be governed by the laws of the State of Israel, without respect to its conflict of laws principles. You and quizzical agree to submit to the personal jurisdiction of competent courts located in Tel-Aviv, Israel, for any actions not subject to the Arbitration section below.

Arbitration & class action waiver

For any dispute, claim or controversy arising out of or in relation to these Terms of Use, the Creator Terms and the Publisher Terms, or to the breach, termination, enforcement, interpretation or validity thereof, or to your access or use of the Platform (together "Dispute"), you agree to first contact us and attempt to resolve the Dispute with us informally. If quizzical has not been able to resolve the Dispute with you informally, you and we agree to resolve any Dispute by binding individual arbitration. Any provision of applicable laws notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use, Creator Terms and the Publisher Terms. The arbitration shall be conducted in Israel. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and quizzical submit to the arbitrator, unless the arbitrator determines that a hearing is necessary.

Nothing in this section shall prevent either party from seeking injunctive or other equitable relief from the courts to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights and for matters related to data security or unauthorized access to the Platform. All claims must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless we agree otherwise, the arbitrator may not consolidate more than one person's claims.

You agree that, by entering into these Terms of Use, Creator Terms and the Publisher Terms (as applicable), you and quizzical are each waiving the right to a trial by jury or to participate as a class representative or class member on any class claim you may have against us including any right to class arbitration or any consolidation of individual arbitrations. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person, if we are a party to the proceeding.

Modifications

We may revise these Terms of Use, the Creator Terms and the Publisher Terms from time to time, in our sole discretion and the most current version will always be posted on our website (as reflected in the "Last Revised" heading). We encourage you to review these Terms of Use, Creator Terms and the Publisher Terms regularly for any changes. By continuing to access or use the Platform after any revisions become effective, you agree to be bound by the revised Terms of Use, Creator Terms and the Publisher Terms (as applicable). If you do not agree to the new Terms of Use, Creator Terms and the Publisher Terms (as applicable), please stop accessing or using the Platform.

Miscellaneous

Email Notifications

We reserve the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose.

If you provided quizzical with your contact information, quizzical may send you marketing communications, from time to time, relating to our business or the businesses of carefully-selected third parties which quizzical think may be of interest to you, pursuant to our Privacy Policy. By providing us your contact details (whether through an online registration form, an Insertion Order or in any other way) you specifically agree to this. You may unsubscribe at any time from such marketing communication.

Third Party Beneficiaries

quizzical's subcontractors and third party service providers are intended third party beneficiaries of these Terms of Use, the Creator Terms and the Publisher Terms (as applicable) and upon your acceptance of these Terms of Use, the Creator Terms and the Publisher Terms (as applicable), quizzical's subcontractors and third party service providers will have the right to enforce these Terms of Use, the Creator Terms and the Publisher Terms (as applicable) as related to the licenses granted herein against you as third party beneficiaries thereof.

Severability and Entire Agreement

These Terms of Use, together with our Creator Terms, Publisher Terms, Privacy Policy and any amendments thereto, and any additional agreements you may enter into with quizzical or that may apply to your specific use of the Platform, constitute the entire agreement between you and quizzical with respect to the use of the Platform, and supersede all prior or contemporaneous communications and proposals, whether oral, written or electronic, between you and quizzical. If any provision of these Terms of Use, the Creator Terms and/or the Publisher Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use, Creator Terms and/or the Publisher Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Force Majeure

quizzical shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.

Assignment

These Terms of Use, the Creator Terms and/or the Publisher Terms are personal to you, and are not assignable, transferable or sub-licensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.

Relationship

No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use, the Creator Terms and/or the Publisher Terms and neither party has any authority of any kind to bind the other in any respect.

No Waiver

Our failure to enforce any part of these Terms of Use, the Creator Terms and/or the Publisher Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Use, the Creator Terms and/or the Publisher Terms. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.

Export Control

You agree to comply with the export laws and regulations of the United States and any other country with jurisdiction over the Platform, and that you shall not export or re-export, directly or indirectly, the Platform or any technical information disclosed hereunder to any destination prohibited or restricted by applicable export control regulations.

Headings

The section and paragraph headings in these Terms of Use, Creator Terms and/or the Publisher Terms are for convenience only and shall not affect their interpretation.

We value hearing from our users and welcome your feedback. You may contact us anytime at the following email address: support@quizzical.com