Terms of use

Last updated: 02/01/2017

 

Agreement between User and Quiz.com/D Promo LLC

Quiz.com/D Promo LLC (“Company”) provides our website visitors with access to its content, resources, and tools. The ‘‘Site’’is comprised of various web pages owned and operated by D Promo LLC (the “Site”).

 

The ‘‘Site’’ is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the ‘‘Site’’ constitutes your agreement to all such terms, conditions, and notices.

 

This ‘‘Site’’ is intended for and applicable only for residents of the United States, age eighteen or older.  If you are from another jurisdiction or under eighteen years of age, you may not use this Site.  

 

From time to time we may update this Site and these Terms.  Your use of this Site after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version.  Company may, in its sole discretion, and at any time, discontinue this Site or any part thereof, with or without notice, or may prevent your use of this Site with or without notice to you.  You agree that you do not have any rights in this Site and that Company will have no liability to you if this Site is discontinued or your ability to access the Site or any content you may have posted on the Site is terminated.

 

Definitions

The following defined terms appear in these Terms.

"Site": the Site for which you are purchasing a username and password (login) in order gain access to that site and enjoy its contents and benefits of membership. The "Site" shall include the owner thereof all agents acting on its behalf.

"Member" or "Membership": The holder (Subscriber) of a valid username and password (login) for the Site during the term of membership. Membership is non-transferable and non-assignable.

"Subscriber": the (End-)User, Consumer, of the services of the Site and holder of a valid username and password (login) for the Site. By becoming a Subscriber, you herewith authorize the imposition of charges to your credit card or other approved facility for all membership fees as well as for any further goods and/or services at, through and/or from or pertaining to the Site.

 

"Login": the combination of unique username and password that is used to access the Site. A Login is a non-exclusive, non-transferable license for that individual member, and no other, to use the Site for a period of time.

 

Applicability

THESE TERMS APPLY TO ALL MATERIALS, ONLINE COMMUNICATIONS AND OTHER INFORMATION AND MATERIALS THAT ARE OR BECOME AVAILABLE ON OR THROUGH THE WEBSITE (COLLECTIVELY, THE "MATERIAL"). PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING THE WEBSITE YOU SPECIFICALLY ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND YOU SPECIFICALLY AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO EACH OF THE PROVISIONS CONTAINED HEREIN. THESE TERMS MAY BE REVISED AT ANY TIME BY UPDATING THIS POSTING. YOU ARE BOUND BY ANY SUCH REVISIONS AND SHOULD THEREFORE PERIODICALLY VISIT THIS PAGE TO REVIEW THE THEN CURRENT TERMS TO WHICH YOU ARE BOUND.

THESE TERMS FORM A LEGALLY BINDING AGREEMENT. IF YOU DO NOT AGREE TO ANY OR ALL OF THE PROVISIONS FOUND IN THESE TERMS, PLEASE IMMEDIATELY EXIT THE WEBSITE. WE RESERVE THE RIGHT TO TERMINATE YOUR USE OF OR ACCESS TO THE WEBSITE OR YOUR ACCOUNT AT ANY TIME FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, IF WE LEARN THAT YOU HAVE VIOLATED THESE TERMS.

 

BY CLICKING ON THE ‘CONTINUE’ AND ‘AGREE’ BUTTON ON THE PAGE WHERE YOU REGISTER, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE.  

 

Registration and credit standing

 

By agreeing to these terms of service, you represent that you are:

  • 18 years old or older; and
  • capable of entering into a legally binding agreement with Company.

 

In order to use the site content, you must complete all required information elements on the registration web pages. You can register a valid credit card as a payment method to pay fees and other obligations arising from your use of the site content. You must provide current, complete and accurate information and maintain it as current and accurate. We may require you to provide additional information as a condition of continued use of the site content, or to assist in determining whether to permit you to continue to use the site content.

 

You authorize us to confirm that your credit history and payment is in good standing with the issuing financial institution (as applicable), including, but not limited to, by submitting a request for a payment authorization and/or a low dollar credit, in accordance with the relevant card association as applicable. You also authorize us to obtain from time to time a credit report and/or to otherwise make credit or other background inquiries as we deem appropriate to evaluate your registration for or continued use of the site content.

We, in our sole and absolute discretion, may refuse to approve or may terminate existing registrations with or without cause or notice, other than any notice required by any applicable law, and not waived herein.

 

Subscription fees

A paid subscription can be purchased directly from Company by paying the recurrent subscription fee of $9.95/month. When you register for a paid subscription, you consent to get access to the Site immediately.

The Subscriber is responsible for paying recurring subscription fees according to the then-current terms of the Site. Unless and until this agreement is cancelled in accordance with the terms hereof, Subscriber herewith authorizes the Site or its billing agent, to charge subscriber's credit card (or other approved facility) to pay for the ongoing cost of membership.

 

Automatic renewal

Subscription fees are automatically renewed, and therefore automatically credit card or check debited, at the end of the original term selected, for a like period of time, unless proper notice is received from the Subscriber at least seven (7) days prior to renewal. Trial Memberships are automatically renewed to a one-[weekly-month] membership at the then-applicable monthly rate, subject to the terms of the Trial Offer below. The maximum Term of this Agreement is 120 months.

  • Your Monthly Membership Charge is Fixed - $9.95
  • Membership Will renew at $9.95 on the Same Date Every Month Until Cancelled.
  • You May Contact Us by E-Mail: cs@quiz.com.
  • You Will Be Notified via E-Mail Regarding All Recurring Membership Charges.

 

Your payment to Company will automatically renew at the end of the subscription period, unless you cancel your paid subscription. The cancellation will take effect the day after the last day of the current subscription period. However, if you cancel your payment or paid subscription and/or terminate any of the agreements (1) after you have accessed the Site, or (2) before the end of the current subscription period, we will not refund any subscription fee already paid to us. The refund method will depend upon the payment method and is performed by contacting our customer support. To the extent permitted by the applicable law, we do not provide refunds or credits for any partial periods or unviewed content.

 

Refunds

In the event that a refund is issued, ALL refunds will be made by crediting the credit card that was used to make the original purchase. Refunds will not be made by cash or check. If you have purchased your paid subscription through a third party, your subscription is also subject to the terms of your agreement with that third party (in addition to these terms). To cancel your subscription, you must cancel directly with that third party.

 

The Site may change the price for its subscription, from time to time, and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for paid subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the subscription after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the subscription prior to the price change going into effect. Read any such notification of price changes carefully. Any price changes will apply to you no earlier than 30 days following notice to you.

 

Credit cards

Credit card users may be subject to a preauthorization. The preauthorization is not a charge to the credit card. However, the then applicable recurring subscription rate may be reserved against the Member's available credit card limit. The Site will not be held responsible for bank charges, fees or penalties due to overdrawn or delinquent Subscriber accounts. Contact your credit card issuing financial institution for details.

 

Prepaid Gift and Debit Cards which cannot be preauthorized for the full applicable recurring rate may be charged incrementally. This means that multiple charges for less than the full applicable monthly rate may occur within the same monthly billing cycle. In no event will the aggregate of these incremental charges exceed the full applicable monthly rate.

 

Trial offer

All trial offer members are exempt from the 7 day notification requirement as to such Trial Period. As such, a Subscriber who is within the trial offer term shall not be charged the full monthly membership rate during this interval. This interval may be referred to as the "Trial Period". All Trial Memberships will renew automatically to a one-month membership at the end of the Trial Period and will be billed at the rate of $9.95/month or the then-applicable rate, unless proper notice of cancellation has been received by Site no later than 12:01 a.m. of the day following the last full day of the Trial Period.

 

For example, if access pursuant to a 3-day trial offer was granted on the 1st day of a month, the member will not be charged for a one month subscription at inception. The member must ensure receipt of e-mail, or other appropriate notification, by the Site no later than 12:01 a.m. on the 4th day of that month should the member elect to cancel the membership. Absent such timely notification, the trial offer membership shall renew to a one-month membership at the then-applicable monthly rate. Members who do not so terminate within the Trial Period will be billed at the rate of $9.95/month or the then applicable rate, for one month's service beginning on the day following the last full day of the Trial Period. The second month's subscription shall therefore be effective and be chargeable at the conclusion of the first full month of service following the Trial Period, unless otherwise cancelled in accordance with these terms and conditions.

Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE MATERIAL PROVIDED ON THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL 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 WITH RESPECT TO THE WEBSITE, ANY USE OF THE WEBSITE AND ANY WEBSITE TO WHICH THE WEBSITE IS LINKED. COMPANY DOES NOT WARRANT THAT THE MATERIAL ON THE WEBSITE IS COMPLETE OR ACCURATE, THAT USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS WEBSITE OR SERVER OR ANY MATERIAL ON THIS WEBSITE IS FREE OF DISABLING DEVICES (AS HEREINAFTER DEFINED).

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SERVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL.

A "DISABLING DEVICE" IS DEFINED AS ANY SOFTWARE, DOCUMENT, MESSAGE OR OTHER MATERIAL WHICH CONTAINS A COMPUTER VIRUS, WORM, TROJAN HORSE, TIME-BOMB OR OTHER HARMFUL DEVICE WHICH MAY ERASE, SCRAMBLE, LOCK OR DISABLE COMPUTER SOFTWARE OR EQUIPMENT OR MAY PREVENT USERS FROM USING A WEBSITE OR ANY OTHER ITEM OF HARDWARE OR SOFTWARE.

Limitations on Authority

WHILE COMPANY USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THE WEBSITE, ERRORS OR OMISSIONS SOMETIMES OCCUR.

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL COMPANY, OR ITS OFFICERS, EMPLOYEES, DIRECTORS, MANAGERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OR INABILITY TO USE THIS WEBSITE, OR THE MATERIAL, INCLUDING WITHOUT LIMITATION, USE OF OR RELIANCE ON THE MATERIAL, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETION OF FILES, DISABLING DEVICES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE. IN THE EVENT THE SITE OR THE SITE OWNER ARE FOUND LIABLE FOR ANY FAILURE TO PERFORM, ERROR, OMISSION, INTERUPTION, DEFECT, DELAY OR OTHERWISE AND REGARDLESS OF WHETHER BASED UPON BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CLAIM OR CAUSE OF ACTION, THE MAXIMUM LIABILITY OF THE SITE AND THE SITE OWNER SHALL BE FOR NO MORE THAN THE AMOUNT OF THE SUBSCRIPTION FEE PAID BY OR ON BEHALF OF THE SUBSCRIBER FOR THE PRECEEDING MONTH. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY. HOWEVER, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY SHALL THE SITE OR THE SITE OWNER, OR ANY OF THEIR SUPLIERS, LICENSEES, AGENTS OR OTHER SUBSCRIBERS BE LIABLE, TO SUBSCRIBER OR OTHERS FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSSES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF GOOD WILL, WORK STOPPAGE, COMPUTER OR OTHER EQUIPMENT FAILURE OR MALFUNCTION.

YOU (AND NOT COMPANY OR ITS PARENTS OR AFFILIATES) SOLELY ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION RELATED TO ANY DAMAGE, HARM, INJURY OR MALFUNCTION ASSOCIATED WITH YOUR USE OF THE WEBSITE AND/OR ITS CONTENTS.

Third Party Content

Company may distribute content supplied by third parties on the Website. Any opinions, advice, statement, services, offers, or other information or content expressed or made available by third parties, including information providers or any other user of the Website, are those of the respective author(s) or distributor(s) and not of Company.

 

Links to Third Party Sites

The “Site” may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Company and Company is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Company is not responsible for webcasting or any other form of transmission received from any Linked Site. Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Company of the site or any association with its operators.

 

No Unlawful or Prohibited Use

 

As a condition of your use of the “Site”, you warrant to Company that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Site in any manner which could damage, disable, overburden, or impair the the ‘‘Site’’ Website or interfere with any other party’s use and enjoyment of it. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the the ‘‘Site’’.

 

Privacy

 

Information that you provide to us or that we collect about you when visiting The ‘‘Site’’ will be treated in accordance with our Privacy Policy.

Legal Jurisdictions Only

The services described on the ‘‘Site’’ are only for persons in those states and jurisdictions where such services may legally be offered. Those who choose to access this website do so at their own initiative and are responsible for compliance with local laws. Some services may not be available in all jurisdictions and nothing on The ‘‘Site’’ shall be considered a solicitation to buy or an offer to sell any services to any person in any jurisdiction where such offer, solicitation, purchase or sale would be unlawful.

Access to Password Protected or Secure Areas

Access to and use of password protected or secure areas of The ‘‘Site’’ are restricted to authorized persons only. Anyone accessing or who attempts to access such areas without authorization may be subject to prosecution.

Ownership of Information

If you send us any creative materials, such as comments, suggestions, ideas, concepts, drawings, pictures, or other materials (collectively, the "Submissions"), you agree that the Submissions shall be deemed, and shall remain, the property of Company. None of the Submissions shall be subject to any obligation of confidentiality on the part of Company, and Company shall not be liable for any use or disclosure of any of the Submissions. Without limitation of the foregoing, Company shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the world and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.

Miscellaneous/Choice of Law/Venue

 

These Terms will be governed by and construed in accordance with the internal laws of Delaware without regard to conflicts of laws principles.  By using this site, you herewith agree that any and all disputes regarding these Terms will be subject to the courts located in Delaware. You agree that, to the extent permitted by applicable law, any and all disputes, claims, and causes of action arising out of or connected with this Site and/or these Terms, will be resolved individually, without resort to any form of class action.  These Terms operate to the fullest extent permissible by law. To the extent that any dispute arises out of our sweepstake, then those terms shall govern the dispute and it shall be arbitrated as explained, therein. If any provision of these Terms and Conditions of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions of Use and shall not affect the validity and enforceability of any remaining provisions.  

 

Copyright and Trademark Notices

 

All Material included on The ‘‘Site’’, except third party content as referenced above, is the property of Company and is protected by United States and international copyright laws. No portion of the Material on The ‘‘Site’’ may be reprinted or republished in any form without the express written permission of Company or, with respect to third party content, its respective owner. You may download Material from The ‘‘Site’’ your own personal, non-commercial use only, provided you do not modify the Material and keep intact all copyright and other proprietary notices. You may not further distribute or display such Material for any purpose. Without our prior written consent, you may not (a) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam); (b) use any high volume, automated, or electronic means (including without limitation robots, spiders, scripts or other automatic device) to monitor or copy our web pages or the content contained thereon; (c) link or deep-link to The ‘‘Site’’ for any purpose; or (d) frame The ‘‘Site’’, place pop-up windows over its pages, or otherwise affect the display of its pages.

Certain of the names, logos, and other materials displayed on The ‘‘Site’’ may constitute trademarks, tradenames, service marks or logos ("Marks") of Company or third parties. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith, with the exception of the third party Marks, remains with Company and are protected by United States and international trademark laws. Nothing contained on The ‘‘Site’’ should be construed as granting, by implication or otherwise, any license or right to use any of the Marks displayed on The ‘‘Site’’. Your use of the Marks displayed on The ‘‘Site’’, or any other content on The ‘‘Site’’, except as provided herein, is strictly prohibited. All Marks not owned by Company that appear on The ‘‘Site’’ are the property of their respective owners.

 

Copyright Infringement Policy

 

In accordance with the requirements set forth in the Digital Millennium Copyright Act, Title 17 United States Code Section 512(c)(2) (“DMCA”), Company will investigate notices of copyright infringement and take appropriate remedial action. If you believe that any Content on The ‘‘Site’’ has been used or copied in a manner that infringes your work, please provide a written notification of claimed copyright infringement to the Designated Agent for the Site containing the following elements as set forth in the DMCA:

 

  • a physical or electronic signature of the owner of the copyright interest that is alleged to have been infringed or the person authorized to act on behalf of the owner;
  • identification of the copyrighted work(s) claimed to have been infringed, including copyright date;
  • identification of the Content you claim to be infringing and which you request be removed from the Site or access to which is to be disabled along with a description of where the infringing Content is located;
  • information reasonably sufficient to allow us to contact you, such as a physical address, telephone number and an email address;
  • a statement by you that you have a good faith belief that the use of the Content identified in your written notification in the manner complained of is not authorized by you or the copyright owner, its agent or the law; and
  • a statement by you that the information in your written notification is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on behalf of the copyright owner.

Company’s designated agent for the written notification of claims of copyright infringement can be contacted at the following address:

 

D Promo LLC

c/o Legal Department

2711 Centervilleroad, Suite 400, Wilimington, DE 19808, Delaware.

info@d-promo.com

 

Indemnification

You agree to indemnify, defend and hold harmless Company, its parents, subsidiaries, affiliates, officers, directors, managers and other partners, employees, consultants and agents, from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) resulting or arising from (1) any information you submit through The ‘‘Site’’, (2) your violation of these Terms and Conditions of Use or applicable law, (3) your (or anyone using your computer/device) violation of any rights of any other person or entity, or (4) any Disabling Device or other similar harmful or deleterious programming routines input by you into the Website.

Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that Company may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.

Termination

You agree that Company, in its sole discretion, may terminate your access to the Website without prior notice, for any reason, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions of Use. FURTHER, YOU AGREE THAT COMPANY SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE WEBSITE. The provisions of these Terms and Conditions of Use shall survive any termination of your access to the Website, Material or Software.

Violations of Terms and Conditions of Use

Company reserves the right to seek any remedy available at law or in equity for any violation of these Terms and Conditions of Use, including the right to block access from a particular Internet address to the Website, and irreparable harm will be presumed by any violation of these Terms and Conditions of Use.

FEEDBACK AND SUBMISSIONS

Company welcomes your feedback and suggestions about its programs or services or with respect to how to improve the Site. By transmitting any suggestions, information, material, or other content (collectively, "feedback") to Company, you represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to Company and enable Company and/or the ‘‘Site’’ to use such feedback. In addition, any feedback received through the Site will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for Company and/or the ‘‘Site’’ to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you herewith waive any claim to the contrary.

Please print and retain a copy of these terms for your records.

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