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AmeroQuiz

Terms and Conditions

These terms and conditions apply to users of this Website AmeroQuiz. By using this Website and the application software you indicate your acceptance of these terms.


(1) ACCEPTANCE:


By accessing the quiz application software, you acknowledge and accept that:
(i) you have read, fully understood and accepted these Terms and Conditions; and
(ii) these Terms and Conditions constitute a legally binding agreement between the you and us regarding the use of the services offered by us.


If you do not agree with any of the terms of these Terms and Conditions, please do not attempt to use or continue using any of the Services or use the Website.

(2) MODIFICATION:


We reserve the right to amend, update and modify these Terms and Conditions. Please ensure that you regularly check these Terms and Conditions for modifications which may be made from time to time.

You acknowledge and agree that it is your sole responsibility to check for any such amendments, updates and/or modifications. We will endeavour to notify you of significant updates and modifications.

(3) ELIGIBILITY:


Use of the Service is void where prohibited. The Service is for users of all ages. For children younger than _______, We offer a limited feature set and does not require to obtain parental consent. We designed our system to permit to use website without collecting personally identifiable information other than persistent identifiers that recognize the user as a repeat visitor. By using the Service, you represent and warrant that:
(a) all registration information you submit is truthful and accurate;
(b) you will maintain the accuracy of such information; and,
(c) your use of the Service does not violate any applicable law or regulation.

(4) YOUR PRIVACY:


Your privacy is important to us. We do not use personal information to market or advertise to you, and we do not sell User’s personal data. We do use your information for certain stated purposes, such as providing and improving the Service and communicating with Educators about features and events.

(5) REGISTRATION AND AUTHORITY:


As a condition to your access to and use of certain features of the Services, you will be required to register for an AmeroQuiz account. By registering, you hereby certify to us that: (i) you are at least ____ years of age; and (ii) if you are agreeing to this Agreement on behalf of an organization, that you are duly authorized to bind such organization. For the avoidance of doubt, an “organization” includes a corporation, partnership, LLC, or other entity. Upon registration, you will be provided with a login identifier and will be required to create a password.

You shall be responsible and liable for maintaining the confidentiality of your User ID and password. You are not allowed to share your User ID and/or password for any reason and are fully and solely responsible and liable for all activities that occur under your account. You agree to notify us immediately by emailing us at info@example.com upon learning of any unauthorized access to or use of your account or any other breach of security.

We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may from time to time set storage limits for your data, or take any other measures considers appropriate to manage the Service. We may also from time to time change its policies on offering commercial content or displaying advertising, and it may do this without notice

Additional Information for Account Creation:

Your Account should be yours don’t use the Services under the name of another person with the intent to impersonate that person, or use a username that is subject to the rights of another person without appropriate authorization. You must be a human to use the Services and an automated account is not allowed.

We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false, or misleading, or to reclaim any Account that you create through the Services that violates our Terms. You are responsible for maintaining the confidentiality of your password and Account and agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for activities that occur under your Account.

You agree to provide us with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate suspension or termination of your account. In addition, we reserve the right to refuse, suspend, or terminate your registration for any reason and in our sole discretion.

(6) CONDITIONS OF USE:


As a condition of use of the services and this Website, you warrant and undertake that you shall not use or access the Website or its services/software for any purpose that is unlawful under any law that is applicable to you or that is prohibited by and/or in breach of these Terms and Conditions.

You warrant, accept and undertake as a condition of use of the Services: (i) that you are acting on your own behalf;

(ii) that you are not restricted by limited legal capacity;

(iii) that you are of the age of (a) ____ or (b) any such other legal age or age or majority as determined by any laws applicable to you, whichever age is greater ("Legal Age");

(vi) that you are not conducting criminal or otherwise unlawful or unauthorised activities and/or intending to use your account opened with us in connection with such activities and that you shall not use or allow other persons to use the Website and your account for any criminal or otherwise unlawful activities under any law applicable to you or us;

(vii) to keep your account details secure, confidential and protected against unauthorised access or use and to ensure to you should notify us immediately if the confidentiality of your account has been compromised in any way;

(viii) to be solely responsible for any and all activities that occur under the access to and use of the Services on and through the Website(s) and/or Device(s) under your account regardless of whether such access and/or use was authorised by or known to you or not;

(ix) not to use the Services/Website in any way which interferes or may interfere with the availability of the Services/Website to other users nor do anything that degrades or may degrade the operational performance of the Services and Website(s);

(x) not to solicit or in any manner seek to obtain any information relating to other users;

(xi) not to upload or distribute any program, file or data that contain viruses, are corrupted or may affect the operational performance of the Service/Website;

(xii) that your access to or use of the Services and Information on and through the Website(s) and/or the Device(s) is not illegal or prohibited by laws that are applicable to you or contractual obligations which apply to you personally or to persons in the country from which you are currently accessing the Website/quiz application;

(xiii) not to use any device, robot, spider, software, routine or other method (or anything in the nature of the foregoing) to interfere or attempt to interfere with the proper functioning of the Service;

(xiv) not to post or transmit to the Website or to any other users, any unlawful, harassing, abusive, threatening, libelous, defamatory, obscene, indecent, inflammatory, racially or ethnically objectionable, pornographic or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law; and

(xv) you are not an employee of Web Matters Limited.

You accept that you are solely responsible for the supply and maintenance of all of the computer equipment and telecommunications networks and internet access services that you need to use in order to access the Website. We will not be liable in any way whatsoever for any loss caused to you by the internet or any telecommunication service provider which you have engaged in order to access to the Services or to the Website.

You accept that if your browser loses connection with our servers at any point during the quiz you will be eliminated from the quiz. This might include, but not be limited to, loss of internet connection, changing the page on the browser and closing the browser window or tab. You warrant that all details which you give or have given in the process of registering with for use of the Services are accurate and that you will continue to update such details should there be any changes. You warrant that you have not previously held an account which was suspended or terminated by us.

(7) RESTRICTIONS:


In connection with your access to and use of the Services, you agree that you will not, directly or indirectly, permit or cause any other person or entity to:

  • violate any local, state, provincial, national, or other law or regulation, or any order of a court (including those relating to data privacy or security);

  • attempt to gain unauthorized access to any part of the Services or to any our computer systems or networks;

  • infringe or misappropriate the rights of any person or entity, including their intellectual property, privacy, publicity or other proprietary or contractual rights;

  • interfere with, damage, violate the security or integrity of, or place an unreasonable load on any part of the Services, our infrastructure or systems, or any network, computer, or communications system, software application, or network or computing device, including through the use of viruses, bots, trojan horses, harmful code, ping floods, denial-of-service attacks, packet or IP spoofing, forged routing or email address information, circumvention or modification of any access keys or other security mechanism employed by us or our Services, or similar methods or technology;

  • use scripts, bots, spiders, or other automated mechanisms to collect information or otherwise interact with the Services without our express prior written permission;

  • claim that we are endorsing or supporting your business, product or service without our prior written approval;

  • use the Services as part of any machine learning or similar algorithmic activity;

  • use or interact with the Services in a manner that is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable, or in a manner that would damage, disparage, or negatively affect us or our licensors, licensees, or partners;

  • copy, reproduce, rent, lease, sell, transfer, assign, sublicense, modify, publish, distribute, display, prepare derivative works of, reverse engineer, disassemble, or decompile any portion of the Services or Content, including any corresponding source code, without prior written consent from us or the respective owner of said material and with respect to information or content that you provide to us (and that may be accessible through the Services); or

  • restrict or inhibit any user from using our Services as expressly permitted by us.

(8) YOUR LICENSES TO US:


a. License to User Submissions:

In the course of using the Services, you may provide information or content that may be used by us in connection with the Services and which may be visible to third parties. You understand that by posting any such User Submissions on the Services or otherwise providing them to us in connection with your access to or use of the Services, you hereby grant to us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, freely sublicensable and freely transferable right and license to use, including to modify, reproduce, distribute, prepare derivative works of, reformat, translate, display, perform, and otherwise commercially exploit, such User Submissions (including all related intellectual property rights and other proprietary rights) for any purpose, in any format, through any channel, and without any further obligation to you.

We reserve the right to remove any User Submissions from the Services at any time, for any reason. As between you and us, you are solely responsible and liable for all User Submissions that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services. You hereby represent and warrant that you possess, and will maintain, all rights, titles, and interest in and to the User Submissions, and that you have the full right and authority to grant the rights and licenses granted to us herein with respect to such User Submissions.

b. Data License:

The Services may include information or content that is available or accessible to us from a variety of public websites, mobile apps, and other products or services. You authorize us to access your publicly accessible websites, mobile apps, and other products and services, and collect, store, and use information and content available therein in connection with our business, including to improve the Services and create other products and services.

c. Feedback License:

If you choose to provide input, suggestions, ideas, reviews, recommendations, corrections, comments, or other feedback regarding problems with or proposed modifications or improvements to the Services (“Feedback”), then you hereby grant to us an unrestricted, non-exclusive, worldwide, royalty-free, perpetual, irrevocable, freely sublicensable and freely transferable right and license to use the Feedback in any manner and for any purpose, including to improve the Services and create other products and services. You further acknowledge that we use automated methods to collect data from various sources, including websites and other online sources, for analysis and use in our products and services, and you consent to our use of these methods with respect to sources owned by you.

d. Promotional License:

You hereby grant to us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, freely sublicensable (through multiple tiers) and freely transferable right and license to use your organization’s name, organization’s logos and related images, and any written comments you provide to us or otherwise make publicly available concerning your organization’s use of the Services in our communications materials (e.g., on our Sites, third-party websites, press releases, and presentations) for promotional purposes.

(9) PROHIBITED CONTENT:


If you create AmeroQuiz, comment via the discussion boxes, post material to the Service, post links on the Service, or otherwise make material available by means of the Service (any such material, "Content"), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, computer software or any other format in which website stores data. You are also entirely responsible for ensuring that you are lawfully entitled to use any information and content. This website does not assume any responsibility for damage caused by your acts, errors, omissions or negligence with respect to the content you post to website.

The Service is intended to be educational. The following are examples of the kind of Content that is illegal or prohibited to post on or through the Service. We reserve the right to suspend or terminate your ability to access, if you post illegal or prohibited content on website. Further may investigate and take appropriate legal action against anyone who, in sole discretion, violates this provision, including without limitation, removing the offending Content from the Service and terminating the accounts of such violators. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of AmeroQuiz:

  • is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any class or individual;

  • harasses or advocates harassment of another person;

  • exploits or encourages the exploitation of people in a sexual or violent manner;

  • contains anything sexually suggestive, nudity not related to the study of art, medicine or another bona fide educational field, portrays or glorifies excessive violence without educational merit, or constitutes offensive subject matter;

  • solicits personal information from anyone under ___;

  • publicly posts information that poses or creates a privacy or security risk to any person;

  • includes information about another person that you have posted without that person's consent;

  • violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person;

  • constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory;

  • constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work;

  • solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;

  • involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, or "spamming";

  • •furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; or

  • involves commercial activities and/or sales without prior written consent from website such as contests, sweepstakes, barter, advertising, or pyramid schemes.

(10) RESPONSIBILITY OF SERVICE VISITORS:


We have not reviewed, and cannot review, all of the material posted to the Service, and cannot therefore be responsible for that material's content, use or effects. By operating the Service, we do not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, trojan horses, and other harmful or destructive content. The Service may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Service may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. We disclaim any responsibility for any harm resulting from the use by visitors of the Service, or from any downloading by those visitors of content there posted.

(11) LIMITATIONS OF LIABILITY:


To the fullest extent permitted by applicable law, in no event shall we be liable for any indirect, incidental, special, consequential, or punitive damages incurred by you or any third party arising out of or relating to your access to or use of the services, any content, any user submissions, or any third-party materials, whether based on contract, tort (including negligence), statute, or any other legal theory, and whether or not we have been informed of the possibility of such damage. In no event shall our cumulative liability to you for all claims arising out of or relating to this agreement, our policies, and/or the access to or use of (or any inability to access or use) any feature of the services, whether in contract, tort, or otherwise. We expressly disclaim any and all liability arising out of or related to any acts, omissions, or decisions made or undertaken (or not made or undertaken) by you or any of your affiliates or third parties with whom you share the services or content (whether permitted or not), arising out of or in connection with such parties’ use of the services and content.

(12) INDEMNITY


You agree to indemnify, defend, and hold harmless us, and our directors, officers, employees and contractors to the fullest extent of applicable law from and against any claim, action, demand, loss, liability, damage, cost or expense (including legal fees) arising from or relating to:

(i) your breach of this Agreement;
(ii) your unauthorized use of, or misuse of, the Services or Content;
(iii) any content you have submitted to or through the Services;
(iv) any dispute you have or may have with any third party; or
(v) your use of the Services (including any and all acts, omissions, or decisions undertaken or made by you, your affiliates, or third parties with whom you share the Services or Content (whether or not as permitted herein), in each case arising out of or in connection with such parties’ use of the Services or related Content) other than as expressly permitted in this Agreement.

We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defence of those claims.

(13) DISCLAIMERS; NO WARRANTIES


The services may provide links or access to third-party websites, content, products and/or services (“third-party materials”), which may be governed by one or more third parties’ terms or conditions. We are not responsible or liable for such third-party materials; you bear all risks associated with the access to and/or use of such third- party materials. The services, content, confidential information, and all advice or information provided by us or obtained by you from the services or in conjunction with these general terms (including all third-party materials and all user submissions) are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, we expressly disclaim any and all warranties of any kind, whether express, implied, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, whether arising by a course of dealing, usage, or trade practice or course of performance, and including any warranty regarding the availability of the services, that your access to or use of the services will be uninterrupted or error-free. You understand and acknowledge that the services and content provided hereunder rely on and/or are based on information, content, materials, and services obtained through a variety of methodologies from third party sources that are not affiliated with or controlled by us, and accordingly, we cannot and does not make any representations as to, and hereby disclaims any and all liability arising out of or associated with the adequacy, sufficiency, completeness, currency, provenance, rights, or other attributes of such services and content, or our collection and processing thereof. You agree that you are not relying on our delivery of any future functionality, or on any of our oral or written public comments or advertising in your use of the services.

You expressly acknowledge that we disclaim any liability for damages incurred by you as a result of sanctions or penalties imposed by third parties (including suspension of your access to or use of a source, as defined in the connect term) because of your access to or use of data connect. You further agree that we have no liability with respect to any applications you publish or distribute, user submissions, and feedback.

(14) CONTENT POSTED ON OTHER WEBSITES:


We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which links, and that link to us. We do not have any control over those non- websites and webpages, and is not responsible for their contents or their use. By linking to a non- website or webpage, we do not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive Content. We disclaim any responsibility for any harm resulting from your use of non-websites and webpages.

(15) LINKS TO THIRD-PARTY WEBSITES OR RESOURCES


The Services may connect to or contain links to third-party websites (that are not affiliated) or resources. We are not responsible for the content, products or services on or available from those websites, resources or links displayed on such sites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.

(16) COPYRIGHT INFRINGEMENT:


As we ask others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by website violates your copyright, you are encouraged to notify by email to us. We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of us or others, we may, in its discretion, terminate or deny access to and use of the Service. In the case of such termination, we will have no obligation to provide a refund of any amounts previously paid to website.

(17) TRADEMARKS:


All other trademarks, service marks, graphics and logos used in connection with website, or the Service are trademarks or registered trademarks of AmeroQuiz licensors. Other trademarks, service marks, graphics and logos used in connection with the Service may be the trademarks of other third parties. Your use of the Service grants you no right or license to reproduce or otherwise use any AmeroQuiz or third-party trademarks.

(18) CHANGES:


The Service, including without limitation all content there available and these Terms and Conditions, may be changed at the sole discretion of website and without notice. You are bound by any such updates or changes, including but not limited to those affecting these Terms and Conditions, and so should periodically review these Terms and Conditions.

(19) CORRECTION OF ERRORS


User are invited to contact us with regard to any inaccuracy of information that may be found in any of the website. Such potential inaccuracies will be thoroughly investigated by us with a view to rectifying any mistakes. We reserve the right to correct any inaccuracy in any quiz as soon as it is detected.

(20) MISCELLANEOUS:


Force majeure:

We shall not be liable for any delay in performance or failure to perform any of our obligations hereunder where such delay or failure results from any cause beyond our reasonable control, including a strike, blockade, war, act of terrorism, riot, natural disaster, pandemic, epidemic, viral outbreak or disease, or a failure or diminishment of power or telecommunications or data networks or services.

Assignment:

You may not assign, transfer, or sublicense this Agreement in whole or in part except with our prior written consent. We may assign, transfer, or delegate this Agreement and any of our rights and/or obligations under this Agreement without your consent.

Modifications to the agreement:

We may make changes to this Agreement on a going-forward basis at any time in our sole discretion. You acknowledge and agree that your access to and use of the Services after we publicly post or otherwise make available to you a modified version of this Agreement will constitute your acceptance of the modified Agreement. Except as expressly provided in this Agreement may be amended only by a written agreement signed by an authorized representative of each party to this Agreement. Disputes arising under or relating to this Agreement will be resolved in accordance with the version of this Agreement that was in effect at the time the dispute arose.

Fees:

We reserve the right to charge fees for any part of the Services at any time but will provide advance notice to you of any applicable fees and payment terms prior to any such fees coming into effect.

Severability:

In the event that any or any part of the terms, conditions and provisions shall be determined by a competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision shall to that extent be severed from the remaining terms, conditions and provisions which shall continue to be valid and enforceable to the fullest extent permitted by law.

Law and jurisdiction:

These terms and conditions shall be regulated by Indian law. All disputes shall be subject to the exclusive jurisdiction of the Indian courts.

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