QWIZZY’S WORLD TERMS OF SERVICE

PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE CAREFULLY BEFORE USING THE QWIZZY’S WORLD WEBSITE.

This domain and site, qwizzysworld.com (herein, "Qwizzy’s World", "we", or "us"), is controlled and operated by Qwizzy’s World, L.L.C., a Georgia corporation. Qwizzy’s World is an interactive service that allows users to create, take and score on-line quizzes (herein, the "Service"). These Terms of Service (herein, the "Agreement") are an integral part of Qwizzy’s World and govern the use of the Service and all content and functionality that resides in Qwizzy’s World. We hope you enjoy being a member of Qwizzy’s World.

By accessing and using this site, you are hereby agreeing to be legally bound by this Agreement, and to comply with, these Terms of Service and any other posted guidelines or rules applicable to this site. All such guidelines and rules are hereby incorporated by reference into these Terms of Service.

By completing the registration process for this Site, you represent and certify that you are of legal age, and can and will be legally bound by this Agreement. If you are not of legal age, please ask your parent or guardian to establish an account for you. If for any reason you do not agree with all of the following terms and conditions, please immediately discontinue use of this Site.

Qwizzy’s World reserves the right, at its sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Changes and/or modifications shall become effective immediately upon the posting thereof. Please review this Agreement periodically to keep yourself apprised of any changes. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions.

Use of the Service is subject to compliance with this Agreement. You acknowledge and agree that Qwizzy’s World may terminate your access to Qwizzy’s World should you fail to comply with the Terms and Conditions or any other guidelines and rules published by Qwizzy’s World.

Any such termination shall be in Qwizzy’s World's sole discretion and may occur without notice. Qwizzy’s World also reserves the right to terminate any user's access to Qwizzy’s World for any conduct that Qwizzy’s World, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to Qwizzy’s World or to third parties, or for any conduct that violates or may violate any local, state, federal, or foreign laws or regulations. Qwizzy’s World further reserves the right to terminate any user's access to Qwizzy’s World or the Service without reason, in Qwizzy’s World's sole discretion, upon notice.

You may use Qwizzy's World free of charge. You may cancel your membership with Qwizzy's World at any time without penalty. In order to cancel please visit the "My Account" link accessible from the Qwizzy's World Homepage.

CONTENT: Much of the content or information available in Qwizzy’s World is created by our users. Accordingly, Qwizzy’s World in no way warrants or guarantees the accuracy, completeness, quality, veracity, value, or appropriateness of any of the information or content in Qwizzy’s World, all of which is presented on an "as-is" basis without warranties. Qwizzy’s World does, however, retain the right to edit, delete, modify, or alter in any way any such information or content at its sole discretion. Additionally, Qwizzy’s World retains the right to re-use, copy, distribute and/or reproduce any such information or content posted on its Site.

PRIVACY POLICY: Qwizzy’s World is focused on safeguarding and protecting your privacy. All use of personally identifiable data or data generated from the use of the Qwizzy’s World service is governed by and subject to the terms of our Privacy Policy located at http://www.qwizzysworld.com/privacypolicy.htm.

CONSENT TO ELECTRONIC COMMUNICATIONS AND EMAIL SOLICITATION: When you register for the Service, you hereby agree that Qwizzy’s World may provide you with information, direct marketing, online and offline advertising and other materials regarding products, services and other offers from time to time. 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.qwizzysworld.com/privacypolicy.htm.

REGISTRATION OBLIGATIONS: In this Agreement "you" refers to the person who registers to become a user of Qwizzy’s World. In consideration of your use of the Service, you hereby represent that you are of legal capacity to enter into a binding agreement. 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 Qwizzy’s World has reasonable grounds to suspect is untrue, inaccurate, not current or incomplete, Qwizzy’s World 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). To obtain access to the Service, you will be required to designate a user ID and password. It is your responsibility to maintain the confidentiality of the ID and password. You are fully responsible for all activities that occur under your ID or password. You agree to immediately notify Qwizzy’s World of any unauthorized use of your ID or password or any other breach of security. You also agree to exit from your account at the end of each session. Qwizzy’s World cannot and will not be liable for any loss or damage arising from your failure to do so. For more information on security, see our Privacy Policy.

Qwizzy’s World is concerned about the safety and privacy of all its users, particularly children. FOR SITE REGISTRANTS UNDER THE AGE OF 15, A PARENT MUST ASSIST IN THE COMPLETION OF THE REGISTRATION. IN SO DOING, THE PARENT OR LEGAL GUARDIAN CERTIFIES THAT HE/SHE IS THE LEGAL GUARDIAN AND ALSO GIVES THE CHILD PERMISSION TO ACCESS THE SERVICE. Accordingly, as the parent or legal guardian, it is your responsibility to determine whether the Service and/or site content are appropriate for your child.

CONDUCT OF QWIZZY’S WORLD USERS: The following is a partial list of the kind of content that is illegal or prohibited on the Site. Without limitation, Qwizzy’s World reserves the right to investigate and to take appropriate legal action in its sole discretion against anyone who violates these guidelines, including without limitation, removing the offending content or communication from the Service and terminating the membership of such violators. It includes content and actions that:

You shall not engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Qwizzy’s World website. In particular, you shall not:

All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of Qwizzy’s World.

QUIZZES: This Site provides users with an opportunity to create and share quizzes (the "User Content"). Please be advised that the User Content does not necessarily reflect the views of Qwizzy’s World, and in no event shall Qwizzy’s World assume or have any responsibility or liability for any User Content or for any claims, damages or losses resulting from their use and/or appearance on this Site. You hereby represent and warrant that you have all necessary rights in and to all User Content you provide and all information they contain and that such User Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information. You hereby authorize Qwizzy’s World to use, and authorize others to use, your User Content in whole or in part, throughout the universe in perpetuity in any and all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature. Without limiting the foregoing, Qwizzy’s World will have the right to use and change the User Content in any manner that Qwizzy’s World may determine. Additionally, Qwizzy’s World may review or delete the User Content periodically in its sole discretion. Qwizzy’s World does not allow User Content which contains:

Although Qwizzy’s World periodically monitors the content posted on this Site, we cannot be responsible for the views or opinions expressed by third parties. Nonetheless, Qwizzy’s World reserves the right to edit, delete, or refuse User Content that violates the above-referenced rules, as well as revoke the privileges of users who do not comply with such rules.

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: Qwizzy’s World, Where Studying Comes Easy, Qwizzy the Quiz Wizard and the wizard image are all trademarks or servicemarks of Qwizzy’s World, L.L.C., and may not be copied, imitated or used, in whole or in part, without our prior written permission. Other product and company names may be trade or service marks of their respective owners.

SUBMISSIONS: You agree that any materials, including but not limited to questions, comments, suggestions, quizzes, ideas, plans, notes, drawings, original or creative materials or other information, provided by you as User Content or in the form of email or submissions to Qwizzy’s World are non-confidential (subject to our Privacy Policy). We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to Qwizzy’s World, including the creation of any quizzes or other User Content, irrevocably waives any and all rights in such material, including "moral rights."

PROPRIETARY RIGHTS AND COPYRIGHT: We have expended substantial time, effort, and funds to create Qwizzy’s World and the Service. All 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 all other content on the site (collectively, the "Site Content") are the property of Qwizzy’s World, L.L.C., and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws.

All elements of the Site Content are the copyrighted property of Qwizzy’s World, L.L.C. All rights reserved. No copyrighted material or other Site 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 Site Content via a third party website or other networked computer environment) in ways other than those expressly enabled by Qwizzy’s World without the express prior written consent of Qwizzy’s World.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Qwizzy’s World'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: info@qwizzysworld.com.

DISCLAIMER OF WARRANTIES: THE SITE AND THE SERVICE 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, QWIZZY’S WORLD, L.L.C. DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, QWIZZY’S WORLD L.L.C. DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SITE OR THROUGH ANY LINKS PROVIDED IN THE SITE.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT QWIZZY’S WORLD, L.L.C. DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL ON THE SITE. QWIZZY’S WORLD, L.L.C. DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. QWIZZY’S WORLD, L.L.C. DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. QWIZZY’S WORLD, L.L.C. MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF ANY STORAGE FACILITIES OFFERED BY QWIZZY’S WORLD.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE 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 QWIZZY’S WORLD, L.L.C. BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND RELIANCE ON THE SITE OR SERVICE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF QWIZZY’S WORLD, L.L.C. HAS 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 SERVICE, FROM INABILITY TO USE THE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE (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 SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE. 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 SERVICE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE. 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 USER CONTENT OR OTHER CONTENT STORED IN QWIZZY’S WORLD.

UNDER NO CIRCUMSTANCES SHALL QWIZZY’S WORLD, L.L.C. 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 Qwizzy’s World you agree to indemnify Qwizzy’s World, L.L.C. , 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 Qwizzy’s World, your use of the Service, or your submission of quizzes, ideas and/or related materials to Qwizzy’s World or from any person's use of any account or password you maintain with any portion of Qwizzy’s World, regardless of whether such use is authorized by you. By using Qwizzy’s World, using the Service, or submitting any quizzes, ideas and/or related materials to Qwizzy’s World, you are hereby agreeing to release Qwizzy’s World, L.L.C. 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 Site or the Service or to any disputes regarding use of quizzes, ideas and/or related materials submitted to Qwizzy’s World. 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 IF 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 Qwizzy’s World or the Service must be filed in the state of Georgia.

ARBITRATION, GOVERNING LAW AND FORUM FOR DISPUTES: Unless expressly stated to the contrary elsewhere, all legal issues arising from or related to the use of the Site and the Service shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the State of Georgia applicable to contracts entered into and wholly to be performed within said state. Any controversy or claim arising out of or relating to this Agreement or any user's use of the Site or the Service 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 Atlanta, Georgia and judgment on the arbitration award may be entered into in any state or federal court in Georgia having jurisdiction thereof. Any party seeking temporary or preliminary injunctive relief may do so in any state or federal court in Georgia having jurisdiction thereof. Except as set forth above, the state and federal courts of Georgia shall be the exclusive forum and venue to resolve disputes arising out of or relating to this Agreement or any user's use of the Site or the Service. By using the Site or the Service and thereby agreeing to this Agreement, users consent to personal jurisdiction and venue in the state and federal courts in Georgia 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, 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 amended to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect. This Agreement will be governed by, construed and enforced in accordance with the laws of the State of Georgia applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws).

TERMS OF SERVICE LAST UPDATE: This policy was last updated on June 20, 2010.

Copyright © 2010 Qwizzy’s World, L.L.C.