QuizRunners - Terms of Service
The terms of this agreement (“Terms of Service”) govern the relationship between you and 2559035 Ontario Inc. carrying on business as QuizRunners (“QuizRunners”, “we”, “us”, “our”) regarding your use of QuizRunners’ trivia game, other games, websites, applications, software programs and other services (the “Service”). Use of the Service is also governed by QuizRunners’ Privacy Policy (“Privacy Policy”) which inform users of our data collection practices, and other relevant policies, which are incorporated in these Terms of Service by reference.
To access the Service, including websites and games, you must agree to these Terms of Service. To access certain parts of the Service you will be required to create an account with QuizRunners (an “Account”). By registering an Account, or otherwise using the Service, you represent that you are age 18 or older. If you are under 18, you represent that your legal guardian has reviewed and agreed to these Terms of Service. QuizRunners may, at any time, require proof of your identity and age and/or of consent from your legal guardian, and may restrict use of the Service until such proof has been verified. If you access the Service from a third-party site (e.g. Facebook) you will comply with its terms of service/use as well as these Terms of Service.
BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT PURCHASE, INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.
QuizRunners reserves the right, at its sole discretion, to change these Terms of Service, its Privacy Policy and any other QuizRunners policies by publishing updated terms on the QuizRunners Service. You accept such changes by continuing to use the Service. If you do not agree to any portion of the Terms of Service, Privacy Policy, or any other QuizRunners policies, your licence to use the Service will terminate, and you must immediately stop using the Service.
If you continue to comply with these Terms of Service, Privacy Policy and any other relevant QuizRunners policies, and pay the relevant fees as determined by QuizRunners, QuizRunners grants you a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to access and use the Service for your own non-commercial entertainment purposes on a computer, mobile or other device. You agree to use the Service in accordance with all applicable laws (including laws relating to copyright), rules and regulations, or other restrictions on use of the Service, as well as these Terms of Service. Notwithstanding the foregoing, with respect to the non-commercial limitation, Users may require that participants playing a trivia game, pay a fee to either enter the premises, or be required to purchase food or beverage, or use access to the trivia game to raise money for a cause. Such uses are permitted, unless QuizRunners specifically provides notice that the specific form of generating compensation from the Service is no longer allowable. Further, the scope of the license to use the Service does not include the right to resale the Service to any party whatsoever, including but not limiting to selling a trivia game to other users who will in turn use the Service for allowable purposes. If you have any questions regarding your particular use of the Service, please contact support@quizrunners.com.
The availability of the Service will be determined in our sole discretion. We reserve the right to modify or discontinue, temporarily or permanently, all or any part of the Service or access to the Service.
QuizRunners may terminate your licence immediately if QuizRunners determines, in its sole discretion, that you are in violation of any of the following Licence limitations. You agree that you will not, under any circumstance:
1. Termination
QUIZRUNNERS MAY, IN OUR SOLE DISCRETION, CANCEL, TERMINATE, RESTRICT OR SUSPEND YOUR ACCESS TO THE SERVICE OR DELETE YOUR ACCOUNT AND ANY INFORMATION OR USER PROFILE(S) RELATED TO SUCH ACCOUNT IF WE REASONABLY BELIEVE THAT YOU ARE OR WILL BE IN VIOLATION OF THESE TERMS OF SERVICE OR ANY APPLICABLE LAWS. ANY SUCH CANCELLATION, TERMINATION, RESTRICTION, SUSPENSION OR DELETION IS IN ADDITION TO, AND NOT IN LIEU OF, ANY RIGHTS AND REMEDIES AVAILABLE TO QUIZRUNNERS UNDER THESE TERMS OF SERVICE OR ANY APPLICABLE LAW. THE AGREEMENT FORMED BY YOUR ACCEPTANCE OF THESE TERMS OF SERVICE, OUR PRIVACY POLICY AND OTHER POLICIES WILL CONTINUE TO APPLY TO AND BE BINDING UPON YOU IN RESPECT OF YOUR PRIOR USE OF THE SERVICE. FOR GREATER CERTAINTY, ANY INDEMNIFICATION, WARRANTIES AND LIMITATIONS OF LIABILITY UNDER THE TERMS OF SERVICE REMAIN IN EFFECT FOLLOWING ANY CANCELLATION, TERMINATION, RESTRICTION OR SUSPENSION OF YOUR ACCESS TO THE SERVICE OR DELETION OF YOUR ACCOUNT.
THIS AGREEMENT WILL TERMINATE AUTOMATICALLY IF YOU FAIL TO COMPLY WITH ITS TERMS AND CONDITIONS. IN SUCH EVENT, YOU MUST DESTROY ALL COPIES OF THE SERVICE AND ALL OF ITS COMPONENT PARTS AND CEASE AND DESIST FROM ACCESSING ANY COMPONENTS OF THE SERVICE. WITH REGARD TO THE SERVICE OR ANY COMPONENTS OF THE SERVICE DELIVERED ON A PHYSICAL STORAGE MEDIUM, YOU CAN END THIS AGREEMENT BY DESTROYING SUCH STORAGE MEDIUM, AND ALL COPIES AND REPRODUCTIONS, AND BY DELETING AND PERMANENTLY PURGING THE SERVICE AND ANY COMPONENTS OF THE SERVICE FROM ANY CLIENT SERVER OR COMPUTER ON WHICH IT HAS BEEN INSTALLED.
QuizRunners retains ownership of all rights, title and interest to the Service (including without limitation all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer code, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, character profile information, documentation and moral rights whether registered or not and all applications thereof, including but not limited to the trivia questions). The Service is protected by applicable laws and treaties throughout the world. Unless expressly authorized by mandatory legislation, the Service may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from QuizRunners.
YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN YOUR ACCOUNT, AND THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND FOREVER SHALL BE OWNED BY AND INURE TO THE BENEFIT OF QUIZRUNNERS.
You are solely responsible for the interactions between users of the Service, for example parties who are using the Service, for example playing a trivia game against each other, using the Service. You hereby release QuizRunners (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any claims, demands and damages (actual or consequential) of any kind that are in any way connected with such a dispute.
QuizRunners values your privacy and recognizes the importance of protecting any information collected about you. QuizRunners has created a Privacy Policy to inform you how, why, and to what extent QuizRunners collects and uses personal and non-personal information obtained through the Service or by other means.
You acknowledge that we may disclose information relating to your use of, or access to, the Service that is necessary to satisfy any law, regulation, governmental or other lawful request from any applicable jurisdiction.
BY CREATING AN ACCOUNT, OR OTHERWISE USING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE AND CONSENT TO THE PRIVACY POLICY.
Access to certain parts of the Service requires a subscription. For clarity, the Service to be provided in the context of a subscription shall be provided so long as payment is paid in full to QuizRunners, as further outlined at https://quizrunners.com/products/weekly-subscription.
We may change plans and prices from time to time; however, any price changes or changes to our service plans will apply to you no earlier than thirty (30) days following notice to you, using any contact information we have for you in our discretion, including but not limited to providing notice on our website.
When payment is required, provide QuizRunners with a current, valid, accepted method of payment, which you may update from time to time (“Payment Method”). If a payment is not successfully settled, due to expiration of the Payment Method, insufficient funds, or otherwise, and you do not change your Payment Method or cancel your Membership, we may suspend your Membership and access to the Service until we have obtained a valid Payment Method. When you update your Payment Method, you authorize us to charge the outstanding fees. For some Payment Methods, the issuer may charge you certain fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.
You are responsible for all Internet access charges related to your use of the Service. Please check with your Internet provider for information on possible Internet data usage charges.
If your business, venue, or event for which you will use the Service requires a license for general music use, you confirm that you have paid the appropriate license to the relevant party or parties for general music use. Upon request by QuizRunners, you shall provide proof of payment of such license(s). Notwithstanding anything to the contrary herein, your indemnification obligations as set out in these Terms of Service includes, but is not limited to, indemnifying, defending and holding harmless QuizRunners, its partners, affiliates, contractors, licensors, officers, directors, employees, independent contractors, and agents from all claims, damages, costs and expenses (including reasonable legal fees) arising directly or indirectly from your omissions in connection with your music license obligations. You shall use your best efforts to cooperate with us in the defense of any such claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
Notwithstanding anything to the contrary herein, with respect all intellectual property, including but limited to the images, audio-visual content, audio content, and written content, which are embedded into or otherwise provided to you related to the delivery of Service or the Service itself (the “Content”), (i) you may not distribute raw files, including but not limited to raw image files, to the parties interacting with the Service (including but not limited to the people playing a trivia game) (the “End Users”); (ii) End Users shall have no rights to the Content outside use of the Content as
incorporated into the Services, and (iii) End Users may not manipulate or
make any other use of the Content.
You must ensure that End Users agree to be subject to these Terms of Service that require them to use the content solely in a manner consistent with the rights and restrictions in these Terms of Service. You shall defend, indemnify and hold harmless QuizRunners, its partners, affiliates, contractors, licensors, officers, directors, employees, independent contractors, and agents, as well as Getty Images and its parent, subsidiaries, affiliates, and content suppliers, and each of their respective officers, directors and employees from all damages, liabilities and expenses (including reasonable outside legal fees) arising out of or in connection with any use of the content by any End Users that violate these Terms of Service.
Your use of the Service may require your device to be connected to the Internet. You are solely responsible for the cost and maintenance of your Internet and/or mobile connection, including any data usage, roaming or other charges that you incur. You acknowledge that your experience using the Service may vary depending on the quality of your Internet or mobile connection and device capabilities. Further, you acknowledge that, from time to time, you may be unable to access the Service. Your use of the Service is subject to certain minimum technical requirements. It is your responsibility to ensure that you have access to the hardware and/or software platforms required to access and use the Service. We reserve the right to change or cease support of any hardware or software platforms at any time. We may change the technical requirements from time to time at our sole discretion and, unless we specify otherwise, you are responsible for updating or maintaining your devices, Internet or mobile connection, and hardware and software platforms as necessary to meet the technical requirements.
You may need to create an Account that requires a username and password, or other credentials (“Login Information”). You will not share your Account or Login Information with anyone, nor will you let anyone else use your Account or do anything which may jeopardize the security of your Account. You are responsible for any activities that happen through your Account, including purchases. QuizRunners reserves the right to remove any usernames or Accounts at any time and for any reason, including but not limited to claims by a third-party that a username violates the third-party's rights.
The party who creates the Account has access and control over the Account and devices that are used to access the Service. To maintain control over the Account and to prevent anyone from accessing the Account, you should maintain control over the devices that are used to access the Service and not reveal any personal information associated with the Account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your Account. We can terminate your Account or place it on hold to protect you, QuizRunners or our partners from identity theft or other fraudulent activity.
YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE. QUIZRUNNERS MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE. QUIZRUNNERS EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED OR STATUTORY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OR ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. QUIZRUNNERS DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT IT WILL FUNCTION UNINTERRUPTED, ERROR FREE OR AT ALL, OR THAT ALL DEFECTS IN THE SERVICE WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF, OR LIMITATIONS ON, LIMITED OR IMPLIED WARRANTIES, AND IN SUCH JURISDICTIONS, QUIZRUNNERS’ LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Notwithstanding the foregoing, QuizRunners has a refund policy, the details of which are available here: https://quizrunners.com/pages/refund-policy
You may be required to download an application to access the Service. The service used to download such application may have an End User Licence Agreement that applies to your use of the application. Any charges or obligations that you incur in your dealings with third-party vendors are your responsibility. If you seek a refund for any reason in connection with third-party dealings, you must seek it from the third-party vendor, not QuizRunners.
For clarity, you agree abide by any End User Licence Agreement from any third-party whose technology is being used to deliver the Service, including but not limited to Dropbox.
IN NO EVENT SHALL QUIZRUNNERS BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE SERVICE, INCLUDING WITHOUT LIMITATION ANY LOSSES OR DAMAGES CONNECTED WITH OR CONSISTING OF LOST PROFITS, DAMAGE TO PROPERTY, LOST OR CORRUPTED DATA OR FILES, LOSS OF GOODWILL, CONSOLE, COMPUTER OR HANDHELD DEVICE FAILURE, ERRORS IN AND LOST BUSINESS OR OTHER INFORMATION AS A RESULT OF POSSESSION, USE OR MALFUNCTION OF THE SERVICE, OR PERSONAL INJURIES, EVEN IF QUIZRUNNERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. IN NO EVENT SHALL QUIZRUNNERS’ AGGREGATE LIABILITY EXCEED THE ACTUAL PRICE PAID BY YOU, IF ANY, FOR YOUR USE OF THE SERVICE DURING THE PREVIOUS THIRTY (30) DAYS.
For purposes of this section, QuizRunners’ licensors and channel partners are third-party beneficiaries of this limitation of liability and they may enforce these Terms of Service against you. Some countries do not allow certain limitations of liability. This limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You agree to indemnify, defend and hold harmless QuizRunners, its partners, affiliates, contractors, licensors, officers, directors, employees, independent contractors, and agents from all claims, damages, costs and expenses (including reasonable legal fees) arising directly or indirectly from your unlawful or improper acts or omissions in connection with your use of the Service, if any; any breach by you of these Terms of Service; and your violation, alleged violation or misappropriation of any intellectual property right. You shall use your best efforts to cooperate with us in the defense of any such claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
For clarity, and notwithstanding anything to the contrary herein, if you should make any questions or answers from any of the trivia games available publicly, which in turn negatively impacts the value of the Service, in QuizRunner’s sole discretion, the
You agree that if you breach the provision herein with respect to making any questions, answers or related information or content from the trivia games available publicly, or any related activity, that you shall be obligated to immediately pay to QuizRunners, as liquidated damages for the breach, the amount of Ten Thousand Dollars ($10,000) ("Liquidated Damages") and not as a penalty per occurrence of each breach. You agree that the Liquidated Damages amount set forth herein is a reasonable pre-estimate of QuizRunner’s damages in light of (1) the anticipated and actual harm caused by the breach; (2) the difficulties of proof of loss; and (3) the inconvenience or non-feasibility of otherwise obtaining an adequate remedy. This provision shall be in addition to any other rights QuizRunners may have herein or at law and shall survive any expiry or termination of these Terms of Service without limit as to time.
Subject to our Privacy Policy, we reserve the right to investigate you if we suspect you have violated these Terms of Service and/or any applicable laws. We may seek to gather information from you or about your use of the Service in furtherance of this purpose. We may suspend your use of the Service if your conduct is under investigation. If we believe, in our sole discretion, that a violation of these Terms of Service and/or any applicable laws has occurred, we may take any corrective action deemed appropriate.
BY ACCEPTING THESE TERMS OF SERVICE, YOU WAIVE AND HOLD HARMLESS QUIZRUNNERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY QUIZRUNNERS IN GOOD FAITH DURING OR AS A RESULT OF ITS INVESTIGATIONS OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY QUIZRUNNERS.
Your access to and use of the Service may be subject to third-party terms and conditions and privacy policies. You recognize and agree that QuizRunners is not liable for any such third-party terms and conditions or their use of your personal data.
QuizRunners may assign these Terms of Service and/or our Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign any rights or obligations under these Terms of Service or our Privacy Policy without QuizRunners’ prior written consent, and any unauthorized assignment by you is ineffective.
The waiver by QuizRunners, or its decision to not enforce any provision, condition or requirement of these Terms of Service, shall not constitute a waiver of any future right of QuizRunners to enforce or rely upon such provision, condition or requirement.
These Terms of Service, including our Privacy Policy and other policies, constitute the entire agreement and supersede any previous agreement between you and QuizRunners relating to the access and use of the Service and shall not be modified except by us as set out herein.
If any portion of these Terms of Service is determined to be unenforceable, invalid or illegal for any reason whatsoever it shall not affect the enforceability, validity or legality of the remaining portions of these Terms of Service. Such unenforceable, invalid or illegal paragraph or portion thereof shall be deemed to be severed from the remainder of these Terms of Service.
Violation of these Terms of Service may result in irreparable damage to QuizRunners. QuizRunners shall be entitled, without bond, other security or proof of damages to equitable remedies (such as injunctive relief) with respect to your breach of any of these Terms of Service. This is no way limits QuizRunners’ rights to claim additional available remedies.
These Terms of Service shall be governed by the laws of the province of Ontario, Canada, and the federal laws of Canada as applicable herein.
Any dispute arising out of these Terms of Service shall be resolved at QuizRunners’ discretion (i) in an Ontario court; or (ii) by arbitration. The arbitration shall be conducted in Ottawa, Canada, in the English language before a single arbitrator. The arbitrator’s award shall be final and binding on the parties.
BY ENTERING INTO THESE TERMS OF SERVICE, YOU EXPRESSLY WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST QUIZRUNNERS AND ITS PARTNERS.
You agree to execute such further instruments and to take such further action as may reasonably be necessary to carry out the intent of these Terms of Service.
QuizRunners shall not be liable for any delay or failure to perform resulting from causes due to unforeseen circumstances or otherwise outside the reasonable control of QuizRunners, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, flood, accidents, strikes, or shortages or interruptions of transportation facilities, fuel, electricity, labour, or materials.
If you have any questions concerning these Terms of Service, you may contact support@quizrunners.com
Effective Date: June 1, 2020