Quiz'em Terms and Conditions of Use

October 2015
  1. Introductions

    Thanks for choosing Quiz'em (“Quiz'em”, “we”, “us”, “our”). By using the Quiz'em service, websites, or software applications (together, the “Quiz'em Service” or “Service”), including by purchasing or receiving Codes and Limited Offers, you are entering into a binding contract with Quiz'em in Sweden. Your agreement with us includes these Terms and Conditions of Use (“Terms”) and our Privacy Policy.

    We’re pleased to make our Service available to you. The Quiz'em Service includes social and interactive features. In order to use the Quiz'em Service, you need to (a) be 18 or older, or be 13 or older and have your parent or guardian’s consent to these Terms, (b) have the power to enter a binding contract with us and are not barred from doing so under any applicable laws, and (c) be resident in the Local Country. You also warrant that any registration information that you submit to Quiz'em is true, accurate and complete, and you agree to keep it that way at all times.

  2. Changes to the Agreements

    Occasionally we may, in our discretion, make changes to the Quiz'em Service and Agreements. When we make changes to the Agreements that we consider material, we’ll notify you through the Service. By continuing to use the Service after those changes are made, you are expressing and acknowledging your acceptance of the changes.

  3. Enjoying Quiz'em

    Here’s some information about all the ways you can enjoy Quiz'em.

    • 3.1 Subscriptions

      Quiz'em account holders may access the Quiz'em Service by any of our several Subscriptions:

      • Day subscription: a subscription fee-based service, which enables unlimited gaming for 24 h of the Quiz'em World
      • Month subscription: a subscription fee-based service, which enables unlimited gaming for 1 month in the Quiz'em World.
      The Day and Month Subscriptions are hereafter called Premium Services.

    • 3.2 Codes and other Limited Offers

      If you have purchased a code sold by Quiz'em for access to the Premium Service for the time period indicated on your email, card or paper receipt (“Code”), or if you are accessing the service through some other limited offer which you received or purchased from Quiz'em (“Limited Offer”), these Agreements apply to your access to the Service. Any separate sets of terms and conditions presented to you along with the Code or other Limited Offer also apply to your access to the Service using the Code or Limited Offer.

      Subject to any rights you may have under Section 11, Codes are only redeemable in the country where you purchased such Code, not redeemable for cash and may not be returned for a cash refund, exchanged, resold or used to purchase other Codes.

    • 3.3 Trials

      From time to time, we may offer trials of the Premium Services for a specified period without payment (a “Trial”). Quiz'em reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and to withdraw or to modify a Trial at any time without prior notice and with no liability.

  4. License and assignment

    The Quiz'em Service and the content provided through it are the property of Quiz'em or Quiz'em's licensors, and we grant you a limited, non-exclusive, revocable license to make personal, non-commercial use of the Quiz'em Service and to receive the media content made available through the Quiz'em Service in your Local Country, based on the Subscription or Trial you have selected (the “License”). This License shall remain in effect for a period of 20 years unless terminated by you or Quiz'em.

    All Quiz'em trademarks, service marks, trade names, logos, domain names, and any other features of the Quiz'em brand are the sole property of Baby Gecco AB. This License does not grant you any rights to use the Quiz'em trademarks, service marks, trade names, logos, domain names, or any other features of the Quiz'em brand, whether for commercial or non-commercial use.
    Third party software libraries included in the Quiz'em Service are licensed to you either under these Terms, or under the relevant third party software library’s License terms as published in the help or settings section of our desktop on our website.

  5. User generated content

    Quiz'em users may post, upload and/or contribute (“post”) content to the Service, including pictures, text and sound compilations (“User Content”). You represent that you have the right to post any User Content which you post to the Service, and that such User Content, or its use by us as contemplated by this Agreement, does not violate these Agreements, applicable law, or the intellectual property rights of others. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any User Content that you post on or in connection with Quiz'em. This license lasts until you terminate your Quiz'em account, except in the case of User Content that you have published, made public and/or share with others. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content that you post to the Quiz'em Service, except that, where applicable under Local Country law, you agree to waive your right to be identified as the author of any User Content on the Quiz'em Service and your right to object to derogatory treatment of such User Content.

    Quiz'em monitor, review, and may edit User Content, and reserves the right to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in Quiz'em’s sole discretion, violates these Agreements. Quiz'em may take these actions without prior notification to you. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.

    Quiz'em is not responsible for User Content nor does it endorse any opinion contained in User Content. If you believe that any User Content infringes your intellectual property rights, please contact us at contact@quizem.com.

  6. User Guidelines

    We’ve established a few ground rules for you to follow when using the Service, to make sure Quiz'em stays enjoyable for everyone. Please follow these rules and encourage other users to do the same.

    Quiz'em respects intellectual property rights and expects you to do the same. This means, for example, that the following is not permitted: (a) Copying, reproducing, “ripping”, recording, or making available to the public any part of the Quiz'em Services or content delivered to you via the Quiz'em Services, or otherwise any making use of the Quiz'em Service which is not expressly permitted under these Terms; (b) using the Quiz'em service to import or copy any local files you do not have the legal right to import or copy in this way; (c) reverse-engineering, decompiling, disassembling, modification or creating derivative works based on the Quiz'em Services or any part thereof; (d) circumventing any technology used by Quiz'em, its licensors, or any third party to protect content accessible through the Service; (e) removing or altering any copyright, trademark or other intellectual property notices contained on or provided through the Quiz'em Service; (f) providing your password to any other person or using any other person’s user name and password.

    Please respect Quiz'em and other users of the Quiz'em Service. Don’t engage in any activity on the Service or upload User Content, including registering and/or using a username, which is or includes material that (a) is offensive, abusive, defamatory, pornographic or obscene; (b) is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to, violations of intellectual property rights, privacy rights or proprietary rights of Quiz'em or a third party; (c) includes personal data of third parties or is intended to solicit such personal data, (d) includes malicious content such as malware, trojan horses or viruses, or otherwise interferes with any user’s access to the Service; (e) is intended or does harass or bully other users; (f) impersonates or misrepresents your affiliation with another user, person or entity, or is otherwise fraudulent, false, deceptive, or misleading; (g) uses automated means to artificially promote content; (h) involves the transmission of unsolicited mass mailing (“spam”), junk mail, chain letter, or similar, including through the Quiz'em inbox; (i) involves commercial or sales activities, such as advertising, contests, sweepstakes, or pyramid schemes; (j) promotes commercial products or services; (k) interferes with the Quiz'em Service, tampers with or attempts to probe, scan, or test for vulnerabilities in the Service or Quiz'em’s computer systems or network, or breaches any of Quiz'em’s security or authentication measures, or (l) conflicts with the Agreement, as determined by Quiz'em. You agree that Quiz'em may also reclaim your username for any reason.

    Please be thoughtful about what you make public on Quiz'em. The Quiz'em Service includes social and interactive features, including the ability to post User Content, share content, and make certain information about you public, as further described in your account settings. Remember that shared or publicly available information may be used and re-shared by other users on Quiz'em or across the web, so please use Quiz'em carefully and manage your account settings regularly. Quiz'em has no responsibility for your choices to make any actions or material public on the Service.

    Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your password as soon as possible.

  7. Copyright infringement

    Quiz'em respects the rights of intellectual property owners. For details on Quiz'em’s copyright policy, please look at the Copyright Policy.

  8. Technology limitations and modifications

    Quiz'em will make reasonable efforts to keep the Quiz'em Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. Quiz'em reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Quiz'em Service, with or without notice, all without liability to you for any interruption, modification, or discontinuation of the Quiz'em Service or any function or feature thereof. You understand and agree that Quiz'em has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service.

  9. Payments, cancellations and cooling off

    If you reside in a Local Country which is part of the European Union and have purchased a Paid Subscription or Code online, you have the right to change your mind and receive a full refund within fourteen (14) days of purchase (the “Cooling-off Period”), but only if you have not logged in or otherwise redeemed or started to consume them.

    If you have a Paid Subscription which lasts for a month, your payment to Quiz'em may automatically renew at the end of the subscription period, unless you cancel your Paid Subscription through your subscription page before the start of the next subscription period. However, if you cancel your payment and/or terminate the Terms after the Cooling-off Period is over (where applicable), and/or before the end of the subscription period, we will not refund any subscription fees already paid to us.

    Quiz'em may change the price for the Paid Subscriptions from time to time, and will communicate any price changes to you. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. By continuing to use the Quiz'em Service after the price change takes effect, you accept the new price.

  10. Term and termination

    These Terms will continue to apply to you until terminated by either you or Quiz'em. Quiz'em may terminate the Terms or suspend your access to the Quiz'em Service at any time, including in the event of your actual or suspected unauthorized use of the Quiz'em Service or non-compliance with the Terms. If you or Quiz'em terminate the Terms, or if Quiz'em suspends your access to the Quiz'em Service, you agree that Quiz'em shall have no liability or responsibility to you and Quiz'em will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. To learn how to terminate your Quiz'em account, please contact us through the contact@quizem.com.

  11. Warranty

    We endeavor to provide the best service we can, but you understand and agree that THE Quiz'em SERVICE IS PROVIDED “AS IS”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE Quiz'em SERVICE AT YOUR OWN RISK. Quiz'em DISCLAIMS ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. In addition, Quiz'em does not warrant, endorse, guarantee or assume responsibility for any Third Party Applications, Third Party Application content, User Content, or any other product or service advertised or offered by a third party on or through the Quiz'em Service or any hyperlinked website, or featured in any banner or other advertising. You understand and agree that Quiz'em is not responsible or liable for any transaction between you and third-party providers of Third Party Applications or products or services advertised on or through the Quiz'em Service. As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you from Quiz'em shall create any warranty on behalf of Quiz'em in this regard. Some aspects of this section may not apply in some jurisdictions.

  12. Entire agreement

    These Agreements constitute all the terms and conditions agreed upon between you and Quiz'em and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral. Any additional or different terms or conditions in relation to the subject matter of the Agreements in any written or oral communication from you to Quiz'em are void. You represent that you have not accepted the Agreements in reliance on any oral or written representations made by Quiz'em that are not contained in the Agreements.

    Please note, however, that other aspects of your use of the Quiz'em Service may be governed by additional agreements. That could include, for example, access to the Quiz'em Community for customer support, access to the Quiz'em Service as a result of a gift card, or free or discounted Trials. You will agree to separate terms and conditions in those circumstances. Those terms and conditions shall govern only with regard to the aspect of the Service to which they apply, and are distinct from and supplemental to these Agreements, and do not supersede these Agreements. To the extent that there is any conflict between those agreements and these Agreements, these Agreements shall control, except as otherwise provided in these Terms

  13. Choice of law, mandatory arbitration and venue

    Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, these Agreements are subject to the laws of Sweden, without regard to choice or conflicts of law principles. Further, you and Quiz'em agree to the exclusive jurisdiction of the courts of Sweden to resolve any dispute, claim or controversy that arises in connection with these Agreements.

Baby Gecco AB. All rights reserved. Baby Gecco AB, Lill-Jans Plan 3, 114 25 Stockholm, Sweden.