Quiz Battle - Terms of Service

These Terms of Service, the "Terms", is a legally binding agreement that governs your use of Wetenschap in Beeld Quiz Battle, "Quiz Battle" and Quiz Battle Historia offered by Bonnier Publications A/S, the "Company", and its supplier Planeto AB, “the Supplier”, together “the Service Providers”, and accessed through Apple App Store, web sites, and other distribution channels.When you use or access Quiz Battle you agree to be bound by these Terms, it is therefore very important that you take the time to carefully read them before you use or access Quiz Battle.

7 december 2012

These Terms of Service, the "Terms", is a legally binding agreement that governs your use of Wetenschap in Beeld Quiz Battle, "Quiz Battle" and Quiz Battle Historia offered by Bonnier Publications A/S, the "Company", and its supplier Planeto AB, “the Supplier”, together “the Service Providers”, and accessed through Apple App Store, web sites, and other distribution channels.

When you use or access Quiz Battle you agree to be bound by these Terms, it is therefore very important that you take the time to carefully read them before you use or access Quiz Battle.

The definition of Quiz Battle in these terms includes the Quiz Battle applications and any content on the Quiz Battle web sites (whether on http:// www.quizbattle.nl or related websites) such as, but not limited to, the game, manuals, chat rooms, discussion forums, FAQs, screenshots, trivia questions, trademarks and slogans etc.

To contact Bonnier Publications A/S regarding Quiz Battle: E-mail: [email protected]

NOTE: Quiz Battle is provided to you for your non-commercial, private use.

1. Accepting the Terms

a) When you accept these Terms, the Service Providers give you a non-exclusive, non-transferable, revocable and limited license to use Quiz Battle for personal, non-commercial use. You agree and accept that you are not allowed to use Quiz Battle for any other purpose, for example to copy or distribute the Quiz Battle content to any third parties or otherwise use the content in violation of these Terms.

b) The Service Providers reserve the right to amend these Terms at any time or in any way. Any changes to these Terms or Quiz Battle Privacy Policy will be published on the Quiz Battle web site. Before use of Quiz Battle it is your obligation to review the Terms and accept them.

c) The Service Providers reserve the right to change the content of Quiz Battle or to discontinue offering Quiz Battle at any time or in any way, without prior notification to you.

d) The Service Providers may terminate your account and your access to Quiz Battle at any time and for any reason, without prior notification to you. No paid fees, in-game purchases or virtual currency will be returned or compensated to you.

e) Your use of Quiz Battle is conditional of you accepting and abiding these Terms. If your use violates the Terms in any way, the Service Providers reserve the right to terminate your session and ban you from Quiz Battle without prior notice to you.

f) If you are under the age of majority you guarantee that you have received parental consent and your guardian agrees to these Terms on your behalf.

g) The Service Providers put strong efforts in creating a friendly and joyful atmosphere on Quiz Battle. All users of Quiz Battle are therefore required to behave properly, cordially and amicably towards the Service Providers’ representatives and other users.

h) You accept that the Service Providers may show advertising from third parties on Quiz Battle, and the Service Providers take no responsibility for any content or promises stated in any such third party advertising.

i) You must have a reliable internet connection to access and use Quiz Battle. Such internet connection may result in Internet access fees, roaming fees and additional costs. The Service Providers shall in no instance be liable for any costs that may incur from you accessing Quiz Battle from your cell phone, computer, tablet PC, or any other device.

j) You accept that Quiz Battle is a multiplayer game and you cannot play alone. The Service Providers cannot guarantee the availability of opponents.

k) You accept that the extra content that you may receive as a Quiz Battle premium account holder may change or be revoked at any time, without prior notification to you.

l) If you are deemed to be in breach of these Terms by the Service Providers you can be denied access to Quiz Battle.

2. User Content

a) You are responsible for any material that you upload and publish on to Quiz Battle.

b) All contributions made by you to Quiz Battle, "User Content", shall be the shared property between you and the Company unless otherwise regulated in law. Through your contribution you grant the Company a worldwide, fully paid up, non-exclusive, royalty-free, perpetual, irrevocable and transferable license (including right to sub-license) to use, modify, rework, sell, exploit or disclose such User Content on all currently known or in the future invented media without restriction.

c) All contributions of User Content made to Quiz Battle will be treated as non-confidential and non-proprietary.

d) You agree that you own all rights to User Content submitted to Quiz Battle, including the right to grant the Company the license to User Content according to these Terms.

e) The Service Providers have no obligation to enforce any Intellectual Property rights that may exist in conjunction with your contribution of User Content. The Service Providers have no obligation to accept, display, review or control any User Content and the Service Providers have the right to alter or delete User Content at any given time without prior notice to the contributor. The Service Providers are in no way liable for any damages owing to contributed User Content.

3. Privacy and Protection of Personal Data

a. Quiz Battle is accessible through Apple App Store, web sites, and other distribution channels. The Service Providers are gathering (i) personal information that has been submitted by you through means of getting access to Quiz Battle and (ii) your use of Quiz Battle (collectively called Personal data). By using Quiz Battle, you consent to the collection and use of your Personal data as outlined in provision 3b.

b. By accepting these Terms you give the Company permission to:

i. use your Personal data to send out news, information, contests, offers and advertising regarding Quiz Battle to your email address;

ii. internally use your Personal data with the Supplier to refine and enhance the experience of our service;

iii. share aggregated and anonymized Personal data with third parties. All use by third parties is based on information stripped of all means of identification of the underlying user;

iv. share your Personal data with third parties, but only after your express permission (opt-in);

v. transfer your Personal data, to the extent permitted by law, from your location to such territory where the data will be securely processed by the Company or by an appointed processor on behalf of the Company.

c. If you do not agree to these privacy provisions you should not use Quiz Battle or submit any personally identifiable data. If you wish for the Company to inform you about the stored data or to delete such data you can contact the Company at the e-mailaddress noted in the introduction of this document, this may however lead to you not being able to use Quiz Battle.

4. Cookies

The Service Providers can place a text file in the web browser on your computer, called a "cookie." Like most other websites, the Service Providers use cookies to improve and customize your experience of the Quiz Battle websites. We keep track of, for example, the number of visitors and popular parts of the website of Quiz Battle. This type of information can be provided by the Company to third parties in a revised (aggregated and non-personal) version as statistics to members, collaborative partners, sponsors and others. You can choose to deactivate the "cookie" function in your browser.

5. Warranty limitations and Guarantee exclusion

a) The Service Providers use reasonable efforts to include accurate and up-to-date information on Quiz Battle, however Quiz Battle is provided to you "as is" without warranty of any kind, either expressed or implied, of functionality, accuracy, completeness, fitness for a particular purpose or of non-infringement.

b) The Service Providers assume no liability or responsibility of any kind for any errors or omissions in the content of Quiz Battle. Your use of Quiz Battle is at your own risk. Under no circumstances and under no legal theory shall the Service Providers, their suppliers, or any other party involved in creating, producing, or delivering Quiz Battle be liable to you or any other person for any indirect, direct, special, incidental, or consequential damages arising from your access to, or use of Quiz Battle.

c) Any purchase by you in Quiz Battle may be performed with a virtual currency especially designed by the Service Providers for Quiz Battle, as it will appear on Quiz Battle from time to time (in these terms defined as the "Quiz Battle currency"). After purchase the Quiz Battle currency may not be exchanged for money or other monetary value. The conditions of the Quiz Battle currency for purchase (such as but not limited to availability, costs and name of the currency) may be changed by Service Providers without notice.

d) Quiz Battle may contain links or references to other applications and websites. When you use these links, you are leaving Quiz Battle; the Service Providers have no control over information published on other applications and websites and assumes no responsibility for information and other content on other applications and websites. You assume the risk yourself when using other applications and websites linked on Quiz Battle.

e) The Service Providers’ liability under these Terms shall be limited to the amount actually paid by you for the service. In no event shall the Service Providers’ aggregate liability for any and all incidents exceed the aggregate fees paid by you.

6. Intellectual Property

a) Unless elsewhere stated in writing, Quiz Battle and all material in connection with Quiz Battle, is the sole property of the Company, or licensed by the Company, and are protected from unauthorized use by trademark and copyright laws.

b) Your use of Quiz Battle does in no way entitle you to any Intellectual Property rights regarding Quiz Battle or User Content.

c) These Terms prohibit you from using the Quiz Battle name, logos or other content without prior written permission of the Company.

7. General terms

a) These Terms constitute the whole legal agreement between you and the Service Providers.

b) The Service Providers have no obligation or part in disputes arising between you and other users of Quiz Battle.

c) If any court of law, having the jurisdiction to decide on matters between you and the Service Providers, rules that any provision of these Terms is invalid, then that provision shall be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

To the extent permitted by local laws these Terms, and your relationship with the Service Providers under these Terms, shall be governed by Danish law. You and the Service Providers agree to submit to the exclusive jurisdiction of the courts of Copenhagen, Denmark to resolve any legal matter arising from these Terms. Notwithstanding this, you agree that the Service Providers shall still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) or collection of fees due in any jurisdiction.

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