QuizPipe

quizpipe.io (the “Website”) as of now referred to in these terms of service as and for this Agreement and our Privacy Policy any use of the terms "quizpipe”, “we” or “our” includes Davidson & Kaluzny Pty Ltd, without limitation. Unless specified otherwise, all references to our services include the content, products and services available through the quizpipe Website, as well as any software that quizpipe has provided to you that allows you to access the Services. The term “your” or “you” refers to the user of the Service, including visitors that do not register for an account or purchase a subscription to our Services. Davidson & Kaluzny Pty Ltd could update these Terms of Service at any time, without any notification, and you should review these Terms of Service from time to time by accessing the Site. Your continued use of the Site shall be considered irreversible acceptance of any such revisions. They are as follows;

1. Qualifications to enter into these Terms of Service

To enter into these Terms of Service, you represent that you are a person and not a robot and must have reached the legal age of majority in your jurisdiction of residence or possess legal guardian or parental consent, and are fully able and eligible to enter into the terms.

2. The Site

You may receive an update or notification about the Site or other services, and as a user of the Site, you can choose to opt-out of receiving such messages in line with the Privacy Policy. Any new features that change or enhance the current Site are subject to these Terms of Service, unless explicitly stated. You understand and agree that the Site is provided “AS-IS” and that quizpipe assumes no responsibility for the timeliness, deletion, failure to store personal data, user communications, or personalization settings.

3. The Service

Quizpipe is a membership-based test creation service utilizing surveys, forms and interactive content to collect valuable information for the use in your marketing campaign. The Service does not include any application of software or service that you have provided or a third party has, which you use in connection with the Service. Any new features or further modifications added to the service are also subject to this Agreement. Quizpipe reserves the right to change or discontinue the Service or any feature or functionality, at any time without notification or notice. All rights, title and interest in and to the Service and its components (including all intellectual property rights) will remain with and belong exclusively to quizpipe.

4. User Account

In order to gain access to different parts of the Site, you may have to create a quizpipe account. It is important to confirm that all information you enter is complete and accurate when creating your quizpipe account. When registering for an account, you may be needed to provide some information about yourself, such as your name, date of birth, phone number, e-mail address, physical address, or other personal information. Some of this information may be confidential and may include personal identifying information. You are solely responsible for every activity on your Account. Our collection of your personal information is governed by this Agreement and our Privacy Policy, which you can easily access.

5. Content

Content created from quizpipe may be hosted on a domain of the Site or a subdomain or website of a registered Organizer and may contain photos, text or other information uploaded by you or the Organizer, as permitted (“Content”).

6. Content submission

The Site allows you to post Content. You agree and acknowledge that you are completely responsible for everything you post or publish, and for the consequences. You also acknowledge and agree that any Content that you post is considered non-confidential, and quizpipe shall be under no obligations to maintain the confidentiality of any information, in whichever form, contained in the Content.

7. Managing Your Account

If you have been provided with an account by our website in connection with your use of the Services, you are responsible for the safety or confidence of your password and any other credentials you may have used to access the account, even if you grant permission to other parties in your organization to access your account. You are solely responsible for any activity that occurs in your account, whether or not you authorized that specific activity. In the event of unauthorized access to your account, notify quizpipe immediately.

You must keep your mobile phone number, email address and, where applicable, details of your contact and payment details associated with your account current and accurate. Quizpipe may send notices to the email address registered with your account.

Quizpipe reserves the right to change or modify, suspend or terminate the Service, any user account or your access to the Service for any reason, without notice, at any time, and without liability to you. You can cancel your account at any time. Upon cancellation of your account, all licenses and other rights granted to you in these Terms will immediately be terminated.

Our website reserves the right to refuse to issue an account to anyone or permit access to the Service to anyone for any reason at any time.

8. Terms of subscriptions and payment

Quizpipe offers several tiers of automatically renewable and payable recurring monthly plans for Subscription. The features, subscriber rights, terms and prices of these tiered Subscription Plans may change from time to time and the most current descriptions and prices may be found on our Subscription Plan pricing page here https://www.quizpipe.io/pricing.

By completing your registration for a Subscription Plan, you authorize quizpipe or its third-party payment processor to charge your payment method regularly (e.g. monthly), for (a) the applicable subscription plan charges; (b) all applicable taxes; and (c) any other charges incurred in connection with customer's use of the quizpipe services. The authorization continues through the subscription term and any renewal term until the subscriber cancels the Subscription Plan. You may select one of the following subscription service plan billing options: Monthly subscription billed every month.

By purchasing a Monthly Subscription, you acknowledge and agree that (A) your subscription has an initial and recurring payment feature, and quizpipe (or our third-party payment processor) is authorized to automatically charge your payment method monthly at the then-current subscription rate for your subscription as long as your subscription continues, and (B) your subscription is continuous and will be automatically extended for successive monthly periods until you cancel it.

You may cancel your subscription at any time, by logging into your account or emailing us at [email protected] and following the instructions, if any, we provide you in response to your cancellation request. If you cancel, you will not be entitled to a refund for your last payment and you may use your subscription until the end of your then-current paid-up subscription term.

We retain the right to deny access to your subscription at any time after you cancel your subscription. Quizpipe may submit periodic charges without further authorization from you until you provide prior notice that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before quizpipe reasonably could act.

In the event of cancellation of your Monthly subscription, please note that we may still send you promotions about quizpipe, unless you choose to opt-out of receiving those communications by following the instructions provided on how to unsubscribe.

WE RESERVE THE RIGHT TO NULLIFY YOUR SUBSCRIPTION AT ANY TIME AS A RESULT OF A VIOLATION OF THESE TERMS OF SERVICE OR THE PRIVACY POLICY. SUBSCRIPTION MEMBERSHIP IS INVALID WHERE PROHIBITED BY LAW.

9. Prices

All prices laid out in our Services are in U.S. dollars unless indicated otherwise. All applicable taxes and other charges are additional and solely your responsibility. We reserve the right in our sole discretion to change prices at any time and without notice.

10. Acceptable Use and Conduct

You agree that you will not publish, or make available any Content that, or use the Site in a manner that:

Violates any third party’s intellectual property or proprietary rights;
Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Engages in spamming, “chain letters”, “pyramid schemes”, advertisement of illegal or controlled products or services, or other advertising or marketing activities that violate these Terms of Service, the Privacy
Policy or any applicable laws, regulations or generally-accepted advertising industry guidelines;
Is deceptive, fraudulent, illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
Is libellous or defamatory, or that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or is invasive of another's privacy;
May be harmful to minors in any way;
Would be hateful or discriminatory based on race, colour, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable, as reasonably determined by quizpipe;
Impersonates a quizpipe employee, or any other person, or falsely states or otherwise misrepresents your affiliation with any person or entity, or to obtain access to the Site or a portion thereof without proper authorization;
Attempts to interfere or tend to interfere with the proper working of the Site or prevent others from using the Site, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages to the Site, or that otherwise negatively affects other persons’ ability to use the Site; Uses any automated or manual ways, including agents, robots, scripts, or spiders, to monitor or copy the Site or the content contained therein;
Facilitates the unlawful distribution of copyrighted Content;
Constitutes or contains any form of advertising or solicitation to users who have requested not to be contacted about other services, products or commercial interests;
Stalks or otherwise harasses anyone on the Site or with information obtained from the Site;
Collects, uses or discloses data, including personal information, about users without their informed consent or for unlawful purposes or in violation of applicable law or regulations;
Requests, solicits or otherwise obtains access to usernames, passwords or other authentication credentials from any user of the Site for the purposes of automating logins to the Site;
Attempts to gain unauthorized access to the computer systems of quizpipe or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Site;
Posts adult Content on any content created with quizpipe, unless the posting of such adult Content is permitted by the Official Rules;
Pecompiles or reverse engineers or attempt to access the source code of the software underlying the Site or any other quizpipe technology;
Copies, archives, stores, reproduces, rearranges, modifies, downloads, uploads, creates derivative works from, displays, performs, publishes, distributes, redistributes or disseminates all or any part of the Site;
Accesses the Site to upload any Content or computer code for the purposes of: (i) causing a breach of security to the Site; (ii) interfering with the proper working, functionality or performance of the Site; or (iii) preventing others from accessing or using the Site.

11. User content rights

User Content” means, without limitation, any messages, texts, reviews, digital files, images, photos, personal profile (including your photo), artwork, feedback, suggestions, or any other content you upload, transmit or otherwise make available to quizpipe and its users via the Services. You represent and warrant that you own or otherwise control the rights to your User Content and agree to indemnify quizpipe and its affiliates for all claims arising from or in connection with any claims to any rights in your User Content or any damages arising from your User Content.

By submitting User Content on or through the Service, you grant quizpipe a non-exclusive, royalty-free license to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such User Content without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes, and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such User Content.

In order for us to provide the Service to you, we require that you grant us certain rights with respect to User Content, including the ability to transmit, manipulate, process, store and copy User Content in order to provide our Services. Your acceptance of this Agreement gives us the permission to do so and grants us any such rights necessary to provide the Service to you.

You agree that any User Content you submit to our Service may be viewed by other users, any person visiting or participating in the Service and by the public in general.

quizpipe expressly disclaims any liability for the loss or damage to any User Content or any losses or damages you incur as a result of the loss or damage of any User Content. It is your responsibility to back-up any User Content to prevent its loss.

You are solely responsible for your User Content, including, without limitation, reviews, comments and feedback, and any damages suffered by quizpipe resulting therefrom.

quizpipe may block, remove or return any User Content at any time for any reason whatsoever, or for no reason at all. We are not responsible for the authenticity, accuracy, completeness, appropriateness, or legality of User Content.

You represent and warrant that all information that you submit is authentic, accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, misleading or false.

User Content is not considered to be confidential. You agree not to submit User Content in which you have any expectation of privacy.

quizpipe has no control over User Content once posted, and it is possible that visitors to the Site or App may copy User Content and repost it elsewhere.

The User accepts that the Services may display content provided by others that is not owned by quizpipe. Such content is the sole responsibility of the entity that makes this content available. Correspondingly, the User is responsible for their own content and he/she must ensure that they have all the rights and permissions needed to use that Content in connection with the Services.

12. Intellectual Property

All Website contents other than User Content (including but not limited to databases, images, photographs, patents, utility and industrial models) are the property of quizpipe.

All the software utilized for the use and development of the Services is the property of quizpipe or its software providers, and is protected by the laws governing industrial and intellectual property.

All brands, labels, distinguishing symbols or logos that appear on the Services are the property of quizpipe and are duly registered or in the process of registration. The names of other products, services and companies that appear in this document or in the Services may be brands or other distinguishing symbols registered by each of their rightful owners.

All texts, graphs, drawings, videos or audio supports are the property of quizpipe or its content providers, and they cannot be modified, copied, changed, reproduced, adapted or translated by the User or a third party without the express authorization of the owners of such contents. The fact that quizpipe makes available to the users the information, databases, images, photographs, text files, and software owned by quizpipe or its content providers that appear in the Services, does not mean, in any case, the assignment of their ownership or any right of exploitation in favor of the User, other than the rightful use of the Services consistent with its purpose.

It is strictly prohibited to use the contents of the Services without the authorization of quizpipe. This prohibition includes the exploitation, reproduction, publishing, transformation, distribution, transmission by any means, subsequent publication, exhibition and public communication, or representation of such contents in whole or in part. The occurrence of any of these shall constitute a breach of quizpipe’s intellectual property rights.

13. Account Termination Policy

Quizpipe may limit or suspend or terminate the Services to you (including your subscription) if you fail to comply with these Terms, the Privacy Policy or if you use the Services in a way that causes legal liability to us or disrupts use of the Service by other users.

14. Disclaimer of Warranties

All services and products available from quizpipe are provided on an “as is” and “as available” basis. to the full extent permissible by applicable law. quizpipe and its affiliates, directors, employees and agents, (collectively, the “quizpipe parties”) disclaim all warranties, express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Without limiting the foregoing, we make no warranty that (i) the services or products will meet your requirements, (ii) the services will be uninterrupted, timely, secure, or error-free, or (iii) the quality of any services, products or information purchased or obtained by you from or through us will meet your expectations.
The services can include technical or other mistakes, inaccuracies or typographical errors. furthermore, the information or services on this site or app may be out of date. we may make changes to the services, products and information on this site or app, including the prices and descriptions of any services or products listed herein at any time without notice, however we have no obligation to do so.
The quizpipe parties do not warrant that the services will be uninterrupted or error-free, that defects will be corrected, that the services or the servers that make the service available will be free of viruses or other harmful components, or that any product description or other content offered as part of the services, are accurate, reliable, current or complete.
You expressly agree that your use of the service is at your sole risk. if you download any content from the service, you do so at your own discretion and risk. you will be solely responsible for any damage to your computer system or loss of data that results from the download of any content through the service.
We reserve the right to restrict or terminate your access to the service or any feature or part thereof at any time.
Some states or other jurisdictions do not allow the exclusion of implied warranties, so some parts of the above exclusions may not apply to you.

15. Third Party Content

The inclusion of any third party content on the Site does not imply quizpipe’s affiliation to the provider of such third party content or its endorsement of such third party content. Because quizpipe does not control third party content, you agree that quizpipe is not responsible for any such third party content, including the accuracy, integrity, quality, legality, usefulness, safety or intellectual property rights of or relating to such third party content.

quizpipe reserves the right, but shall have no obligation, to pre-screen, filter, remove, refuse to accept, post, display or transmit any third party content (including on any social networking website) in whole or part at any time for any reason with or without notice and with no liability of any kind. You are solely responsible (and assume all associated liability and risk) for determining whether or not such third party content is appropriate or acceptable to you.

Access and use of third party sites, including the information, material, products, and services on third party sites or available through third party sites, is solely at your own risk.

16. Limitation of Liability

In no event shall we be responsible to, or liable to you, or any third party, whether in contract, warranty, tort (including negligence) or otherwise, for any damages including, but not limited to, special, incidental, indirect or consequential damages that include, but are not limited to, damages for any personal injury to you or others, or loss of profit, revenue or business, as a direct or indirect result of: (i) your access and use of our services and products; (ii) your breach or violation of the terms and conditions of this agreement; (iii) your delay in accessing or inability to access or use our services for any reason; (iv) your downloading of any of our content or the collective work for your use; or (v) your reliance upon or use of our content or the collective work, whether resulting in whole or in part, from breach of contract, tortious behavior, negligence, strict liability or otherwise, even if we and/or our suppliers had been advised of the possibility of damages.

This limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in our services or received through any links provided in our services.

Without limiting the foregoing, under no circumstances shall we be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond their 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 or non-performance of third parties.

Our liability and the liability of our affiliates, directors, officers, employees, independent contractors, shareholders, representatives, and agents arising out of this agreement shall not exceed the amounts actually paid by the user in the purchase or transaction giving rise to such claim.

You and we agree that any cause of action arising out of or related to our services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

Certain state or jurisdictional laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. if these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.

17. Indemnity

You agree to indemnify, defend, and hold harmless quizpipe, and its affiliates, all third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys’ fees) arising out of or relating to these Terms of Service or the Site, including but not limited to in relation to: (a) your use, non-use or misuse of, or connection to the Site, Content and any other content forming part of the Site or any content created with quizpipe; (b) your breach or alleged breach of these Terms of Service; (c) your violation of any rights, including intellectual property rights, of a third party; and (d) all claims brought against quizpipe or any costs incurred by quizpipe in connection with any breach by you of the Official Rules. quizpipe reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify quizpipe and you agree to cooperate with quizpipe’s defense of these claims. You agree not to settle any matter without the prior written consent of quizpipe. quizpipe will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

18. Spam and Email Marketing

Quizpipe does not tolerate the use of its Services to facilitate Spam, misleading, unsolicited or fraudulent use of marketing services. You must also adhere to all email marketing laws to the regions you operate in. You must also adhere to the obligations of CAN-SPAM and EU Directive 2002/58/EC. Quizpipe takes no responsibility for your interpretation of the respective laws. If you ask for user’s email addresses and use them for your marketing campaign you must adhere to the following:

Do not use false or misleading header information. Your “From,” “To,” “Reply-To,” and routing information – including the originating domain name and email address – must be accurate and identify you;
Don’t use deceptive subject lines. The subject line must accurately reflect the content of the message;
Only send a reasonable amount of marketing emails in any period of time;
Identify the message as an ad or advertisement;
Tell recipients where you’re located. Your message must include your valid physical postal address;
Tell quiz takers why you are asking for their email addresses;
Tell recipients how to opt out of receiving future email from you;
Honor opt-out requests promptly.

If you breach this clause your account may be suspended and/or terminated at the sole discretion of quizpipe. Once quiz takers have given their email addresses to quiz makers, quizpipe has no control over what they do with that data. Quizpipe cannot therefore be responsible for users breaching these email marketing rules. However, if you receive any emails that breach this clause, please contact us at [email protected].

19. Interruption of Service

Your access and use of our Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of our Services or other actions that we, in our sole discretion, may elect to take. You agree that we will not be liable to you or to any third party for any interruption of the Services or any part thereof.

20. Electronic Communications

Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by electronic means including, without limitation, email, telephone, text, SMS or by posting notices on our Services. When you use our Services, you consent to communicating with us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

21. Security

Violating the security of our services is prohibited and may result in criminal and civil liability. Quizpipe may investigate cases that involve such violations and may involve, and will cooperate with, the law enforcement if a criminal violation is suspected. These security violations may include, without limitation, unauthorized access to or use of data or systems including any attempts to probe, test or scan the vulnerability of the Service or to breach security or the authentication measures, unauthorized monitoring of data or traffic and interference with service to any host, user or network.

22. Copyright and Intellectual Property Policy

We respect the intellectual property rights of other people. We reserve the right to remove any User Content on the Services which have allegedly infringe upon another person’s copyright, trademark or other intellectual property rights, and/or terminate, discontinue, suspend and/or restrict the account or ability to visit and/or use the Services or remove edit or disable any user content on the services which allegedly infringe upon another person’s intellectual property rights. We provide this policy pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act (“DMCA”). A valid complaint under the DMCA must provide the following information in writing: An electronic or physical signature of a person authorized to act on behalf of the copyright owner. Identification of the copyrighted work that you claim has been infringed. Identification of the material that is claimed to be infringing and where it is located on the Service. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and email address. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

23. Law Enforcement

quizpipe is committed to cooperating with law enforcement while respecting each individual’s right to privacy. If quizpipe receives a request for user account information from a government agency investigating criminal activity, we will review the request to be certain that it satisfies all legal requirements before releasing information to the requesting agency. Furthermore, under 18 U.S.C. §§ 2702(b)(8) and 2702(c)(4) (Voluntary Disclosure of Customer Communications or Records), quizpipe may disclose user account information to law enforcement, without a subpoena, court order, or search warrant, in response to a valid emergency when we believe that doing so is necessary to prevent death or serious physical harm to someone. quizpipe will not release more information than it prudently believes is necessary to prevent harm in an emergency situation.

24. Entire Understanding

This agreement and the Privacy Policy represent the entire understanding and agreement between you and us regarding the subject matter of the same, and supersede all other previous agreements, understandings and/or feedback regarding the same. If you have questions, concerns or feedback regarding this Agreement or our Services, please contact us at [email protected]