- Changes to the Agreements
- Using QuizStud
- Rights we grant you
- User-Generated Content
- Rights you grant us
- User guidelines
- Infringement and reporting User Content
- Service limitations and modifications
- Brand Accounts
- Reward program
- Customer support
- Export control
- Payments, cancellations, and cooling off
- Term and termination
- Warranty and disclaimer
- Third party rights
- Entire agreement
- Severability and waiver
- Choice of law and venue
- Contact us
By signing up or otherwise using the QuizStud service, websites, and software applications (together, the “QuizStud Service” or “Service”), or accessing any content or material that is made available by QuizStud through the Service (the “Content”) you are entering into a binding contract with the QuizStud entity indicated at the bottom of this document.
The QuizStud Service includes social and interactive features. Use of the QuizStud Service relies on several technical requirements.
Please read the Agreements carefully. They cover important information about QuizStud Services provided to you and any charges, taxes, and fees we bill you. The Agreements include information about future changes to the Agreements, export controls, automatic renewals, limitations of liability, privacy information and a class action waiver.
In order to use the QuizStud Service and access the Content, you need to (1) be 18 or older, or be 13 or older and have your parent or guardian’s consent to the Agreements, (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (3) be resident in a country where the Service is available. You also promise that any registration information that you submit to QuizStud is true, accurate, and complete, and you agree to keep it that way at all times.
2 Changes to the Agreements
Occasionally we may, in our discretion, make changes to the Agreements. When we make material changes to the Agreements, we’ll provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate the Agreements by contacting us through the Customer Service contact form.
3 Using QuizStud
Here’s some information about all the ways you can enjoy QuizStud.
3.1 Our Services & Paid Subscriptions
QuizStud provides streaming services offering a selection of music and other content. Certain QuizStud services are provided to you free-of-charge. Other QuizStud services require payment before you can access them. The QuizStud services that may be accessed after payment are currently referred to as the “Premium Service” (or “Paid Subscriptions”). The QuizStud service that does not require payment is currently referred to as the “Free Service”. You can learn more about our services by visiting our website.
3.2 Codes and other pre-paid offers
If you have purchased or received a code or other offer provided or sold by or on behalf of QuizStud for access to a Paid Subscription (“Code”), separate terms and conditions presented to you along with the Code may also apply to your access to the Service and you agree to comply with any such terms and conditions.
From time to time, we or others on our behalf may offer trials of Paid Subscriptions for a specified period without payment or at a reduced rate (a “Trial”). QuizStud reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and, subject to applicable laws, to withdraw or to modify a Trial at any time without prior notice and with no liability, to the greatest extent permitted under the law.
4 Rights we grant you
The QuizStud Service and the Content are the property of QuizStud or QuizStud's licensors. We grant you a limited, non-exclusive, revocable licence to make use of the QuizStud Service, and a limited, non-exclusive, revocable licence to make personal, non-commercial, entertainment use of the Content (the “Licence”). This Licence shall remain in effect until and unless terminated by you or QuizStud. You promise and agree that you are using the Content for your own personal, non-commercial, entertainment use and that you will not redistribute or transfer the QuizStud Service or the Content.
The QuizStud software applications and the Content are licensed, not sold, to you, and QuizStud and its licensors retain ownership of all copies of the QuizStud software applications and Content.
All QuizStud trademarks, service marks, trade names, logos, domain names, and any other features of the QuizStud brand (“QuizStud Brand Features”) are the sole property of QuizStud or its licensors. The Agreements do not grant you any rights to use any QuizStud Brand Features whether for commercial or non-commercial use.
You agree to abide by our User guidelines and not to use the QuizStud Service, the Content, or any part thereof in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in these Agreements, QuizStud grants no right, title, or interest to you in the QuizStud Service or Content.
5 User-Generated Content
QuizStud users may post, upload, and/or contribute (“post”) content to the Service (which may include, for example, pictures, text, messages, information and/or other types of content) (“User Content”). For the avoidance of doubt, “User Content” includes any such content posted to the QuizStud Service.
You promise that, with respect to any User Content you post on QuizStud, (1) you have the right to post such User Content, and (2) such User Content, or its use by QuizStud as contemplated by the Agreements, does not violate the Agreements, applicable law, or the intellectual property (including without limitation copyright), publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by QuizStud or any entity or individual without express written consent from such individual or entity.
QuizStud may, but has no obligation to, monitor, review, or edit User Content. In all cases, QuizStud reserves the right to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in QuizStud’s sole discretion, violates the Agreements. QuizStud may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.
You are solely responsible for all User Content that you post. QuizStud is not responsible for User Content nor does it endorse any opinion contained in any User Content. you agree that if anyone brings a claim against QuizStud related to user content that you post, then, to the extent permissible under local law, you will indemnify and hold QuizStud harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of such claim.
6 Rights you grant us
If you provide feedback, ideas or suggestions to QuizStud in connection with the QuizStud Service or Content (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize QuizStud to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.
You grant QuizStud a non-exclusive, transferable, sub-licensable, royalty-free, perpetual (or, in jurisdictions where this is not permitted, for a term equal to the duration of the Agreements plus twenty (20) years), irrevocable, fully paid, worldwide licence to use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, create derivative works from, and distribute any of your User Content in connection with the Service through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive any “moral rights” (or the equivalent under applicable law) such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.
7 User guidelines
QuizStud respects intellectual property rights and expects you to do the same. We’ve established a few ground rules for you to follow when using the Service, to make sure QuizStud stays enjoyable for everyone. Please follow these rules and encourage other users to do the same.
The following is not permitted for any reason whatsoever:
- circumventing any territorial restrictions applied by QuizStud or it licensors;
- removing or altering any copyright, trademark, or other intellectual property notices contained on or provided through the QuizStud Service (including for the purpose of disguising or changing any indications of the ownership or source of any Content);
- providing your password to any other person or using any other person’s username and password;
- “crawling” the QuizStud Service or otherwise using any automated means (including bots, scrapers, and spiders) to collect information from QuizStud; or
- selling a user account or otherwise accepting any compensation, financial or otherwise, to influence the name of an account or the content included on an account.
Please respect QuizStud, the owners of the Content, and other users of the QuizStud Service. Don’t engage in any activity, post any User Content, or register and/or use a username, which is or includes material that:
- is offensive, abusive, defamatory, pornographic, threatening, or obscene;
- is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to violations of intellectual property rights, privacy rights, or proprietary rights of QuizStud or a third party;
- includes your password or purposely includes any other user’s password or purposely includes personal data of third parties or is intended to solicit such personal data;
- includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the Service;
- is intended to or does harass or bully other users;
- impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
- uses automated means to artificially promote content;
- involves the transmission of unsolicited mass mailings or other forms of spam (“spam”), junk mail, chain letters, or similar, including through the QuizStud inbox;
- involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorized by QuizStud;
- links to, references, or otherwise promotes commercial products or services, except as expressly authorized by QuizStud;
- interferes with or in any way disrupts the QuizStud Service, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Service or QuizStud’s computer systems, network, usage rules, or any of QuizStud’s security components, authentication measures or any other protection measures applicable to the Service, the Content or any part thereof; or
- conflicts with the Agreements, as determined by QuizStud.
You acknowledge and agree that posting any such User Content may result in immediate termination or suspension of your QuizStud account. You also agree that QuizStud may also reclaim your username for any reason.
Please be thoughtful about how you use the QuizStud Service and what you share. The QuizStud Service includes social and interactive features, including the ability to post User Content, share content, and make certain information about you public. Remember that shared or publicly available information may be used and re-shared by other users on QuizStud or across the web, so please use QuizStud carefully and be mindful of your account settings. QuizStud has no responsibility for your choices to post material on the Service.
Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your password as soon as possible.
8 Infringement and reporting User Content
QuizStud respects the rights of intellectual property owners. If you believe that any Content infringes your intellectual property rights or other rights, see QuizStud’s copyright policy. If QuizStud is notified by a copyright holder that any Content infringes a copyright, QuizStud may in its absolute discretion take actions without prior notification to the provider of that Content. If the provider believes that the content is not infringing, the provider may submit a counter-notification to QuizStud with a request to restore the removed content.
If you believe that any Content does not comply with the User guidelines, please contact us.
9 Service limitations and modifications
QuizStud will make reasonable efforts to keep the QuizStud Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, QuizStud reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the QuizStud Service, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the QuizStud Service or any function or feature thereof. Notwithstanding the foregoing, if you have prepaid fees for Paid Subscriptions that QuizStud permanently discontinues prior to the end of the Pre-Paid Period (defined in the Payments, cancellations, and cooling off section), QuizStud will refund you the prepaid fees for the Pre-Paid Period after such discontinuation. You understand, agree, and accept that QuizStud has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. This section will be enforced to the extent permissible by applicable law. QuizStud and/or the owners of any Content may, from time to time, remove any such Content without notice to the extent permitted by applicable law.
10 Brand Accounts
If you establish a QuizStud account on behalf of a company, organization, entity, or brand (a “Brand”, and such account a “Brand Account”), the terms “you” and “your”, as used throughout the Agreements, apply to both you and the Brand, as applicable.
If you open a Brand Account, you represent and warrant that you are authorized to grant all permissions and licences provided in the Agreements and to bind the Brand to the Agreements.
11 Reward program
The QuizStud service features a reward system whereby QuizStud, in its sole discretion, may reward users based on the amount of “Credits” received by the number of downloads of certain quizzes. You agree to refrain from any attempts to manipulate the reward system, e.g., by creating multiple accounts or by publishing the same quizzes. You acknowledge that QuizStud’s decision in respect of any reward shall be final and binding.
12 Customer support
For customer support with account-related and payment-related questions (“Customer Support Queries”), please submit a ticket to our customer service department using the contact form on the Contact page of our website. We will use reasonable endeavours to respond to all Customer Support Queries within a reasonable time frame but we make no guarantees or warranties of any kind that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to satisfactorily answer any such queries.
13 Export control
QuizStud’s products may be subject to U.S. export and re-export control laws and regulations or similar laws applicable in other jurisdictions, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. You warrant that you are (1) not located in Cuba, Iran, North Korea, Sudan, or Syria; and (2) are not a denied party as specified in the regulations listed above.
You agree to comply with all applicable export and reexport control laws and regulations, including the EAR, trade and economic sanctions maintained by OFAC, and the ITAR. Specifically, you agree that you shall not – directly or indirectly – sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from QuizStud under the Agreements to any destination, entity, or person prohibited by any applicable laws or regulations of the United States or any other jurisdiction without obtaining prior authorization from the competent government authorities as required by those laws and regulations. This export control clause shall survive termination or cancellation of the Agreements.
14 Payments, cancellations, and cooling off
Paid Subscriptions can be purchased either by (1) paying a monthly subscription fee; or (2) pre-payment giving you access to the QuizStud Service for a specific time period (“Pre-Paid Period”). If you have purchased a Paid Subscription using a Code, your Paid Subscription will automatically terminate at the end of the Pre-Paid Period.
When you register for a Paid Subscription, Trial, or Code online, you consent to get access to QuizStud Premium immediately. If you reside outside the United States and register for a Paid Subscription or Code online, you may change your mind for any or no reason and receive a full refund of all monies paid within fourteen (14) days (the “Cooling-off Period”). Refunds will not, however, be provided if you have used QuizStud at any time during the Cooling-off Period.
Unless your Paid Subscription has been purchased as a Pre-Paid Period, your payment to QuizStud will automatically renew at the end of the subscription period, unless you cancel your Paid Subscription through your profile page before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the Free Service. However, if you cancel your payment or Paid Subscription and/or terminate any of the Agreements (1) after you have accessed QuizStud during the Cooling-off Period, or (2) after the Cooling-off Period is over (where applicable), or (3) before the end of the current subscription period, we will not refund any subscription fees already paid to us.
If you wish to receive a full refund of all monies paid before the Cooling-off Period is over, you must contact Customer Support.
QuizStud may change the price for the Paid Subscriptions, Pre-Paid Period (for periods not yet paid for), or Codes from time to time, and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the QuizStud Service after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the QuizStud Service prior to the price change going into effect. Please therefore make sure you read any such notification of price changes carefully.
15 Term and termination
The Agreements will continue to apply to you until terminated by either you or QuizStud. However, you acknowledge and agree that the perpetual licence granted by you in relation to User Content, including Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason. QuizStud may terminate the Agreements or suspend your access to the QuizStud Service at any time, including in the event of your actual or suspected unauthorised use of the QuizStud Service and/or Content, or non-compliance with the Agreements. If you or QuizStud terminate the Agreements, or if QuizStud suspends your access to the QuizStud Service, you agree that QuizStud shall have no liability or responsibility to you and QuizStud will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. To learn how to terminate your QuizStud account, please contact us through our contact form which is available on our Contact page. This section will be enforced to the extent permissible by applicable law. You may terminate the Agreements at any time.
16 Warranty and disclaimer
We endeavour to provide the best service we can, but you understand and agree that the QuizStud service is provided “as is” and “as available”, without express or implied warranty or condition of any kind. You use the QuizStud service at your own risk. To the fullest extent permitted by applicable law, QuizStud and all owners of the content make no representations and disclaim any warranties or conditions of satisfactory quality, merchantability, fitness for a particular purpose, or non-infringement. Neither QuizStud nor any owner of content warrants that the QuizStud service is free of malware or other harmful components. In addition, QuizStud makes no representation nor does it warrant, endorse, guarantee, or assume responsibility for any third party applications (or the content thereof), user content, or any other product or service advertised or offered by a third party on or through the QuizStud service or any hyperlinked website, or featured in any banner or other advertising. You understand and agree that QuizStud is not responsible or liable for any transaction between you and third party providers of third party applications or products or services advertised on or through the QuizStud service. As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you from QuizStud shall create any warranty on behalf of QuizStud in this regard. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.
This does not affect your statutory rights as a consumer.
You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the QuizStud service is to uninstall any QuizStud software and to stop using the QuizStud service. While QuizStud accepts no responsibility for third party applications or the content thereof, and while your relationship with such third party applications may be governed by separate agreements with such third parties, to the extent permitted by applicable law, your sole and exclusive remedy, as with respect to QuizStud, for any problems or dissatisfaction with third party applications or the content thereof, is to uninstall and/or stop using any such third party applications.
To the fullest extent permitted by law, in no event will QuizStud, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for (1) any indirect, special, incidental, punitive, exemplary, or consequential damages; (2) any loss of use, data, business, or profits (whether direct or indirect), in all cases arising out of the use or inability to use the QuizStud service, third party applications, or third party application content, regardless of legal theory, without regard to whether QuizStud has been warned of the possibility of those damages, and even if a remedy fails of its essential purpose; or (3) aggregate liability for all claims relating to the QuizStud service, third party applications, or third party application content more than the amounts paid by you to QuizStud during the prior twelve months in question, to the extent permissible by applicable law.
Nothing in the Agreements removes or limits QuizStud’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.
18 Third party rights
You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of the Agreements and have the right to enforce the Agreements directly against you. Other than as set out in this section, the Agreements are not intended to grant rights to anyone except you and QuizStud, and in no event shall the Agreements create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person.
19 Entire agreement
Other than as stated in this section or as explicitly agreed upon in writing between you and QuizStud, the Agreements constitute all the terms and conditions agreed upon between you and QuizStud and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.
Please note, however, that other aspects of your use of the QuizStud Service may be governed by additional agreements. That could include, for example, access to the QuizStud Service as a result of free or discounted Trials. When you are presented with an offer for such aspects of your use, you will be presented with any related additional agreement, and you may have an opportunity to agree to additional terms. Some of those additional terms are listed on QuizStud’s website. To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail.
20 Severability and waiver
Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by QuizStud or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive QuizStud’s or the applicable third party beneficiary’s right to do so.
QuizStud may assign the Agreements or any part of them, and QuizStud may delegate any of its obligations under the Agreements. You may not assign the Agreements or any part of them, nor transfer or sub-license your rights under the Agreements, to any third party.
To the fullest extent permitted by applicable law, you agree to indemnify and hold QuizStud harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of this Agreement; (2) any User Content; (3) any activity in which you engage on or through the QuizStud Service; and (4) your violation of any law or the rights of a third party.
23 Choice of law and venue
23.1 Governing Law / Jurisdiction
Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, the Agreements (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the Dutch law, without regard to choice or conflicts of law principles.
Any disputes shall, after the parties have attempted first to resolve the dispute among themselves but not succeeded, be settled by the competent court in the Netherlands, without prejudice to QuizStud to submit the dispute to another body, by the choice of QuizStud.
QuizStud does not accept any codes of conduct as mandatory in connection with the services provided under this agreement.
23.2 Class action waiver
Where permitted under the applicable law, you and QuizStud agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative action. Unless both you and QuizStud agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
24 Contact us
If you have any questions concerning the QuizStud Service or the Agreements, please contact QuizStud customer service by visiting the Contact page of our website.
QuizStud is a product of Smartaining Solutions B.V.
Smartaining Solutions B.V.
4383 WG Vlissingen