This
QuizWiz User Agreement (hereinafter referred to as the "Agreement") is the legally binding agreement
between you (i.e., natural person, legal person or other organization. Natural person under the age of
16 shall read and sign this Agreement under the guidance of his designated guardian) and NZS Inc. DBA
OneScreen. (Hereinafter referred to as "QuizWiz" or "We") concerning our OneScreen
Before
you use QuizWiz, please read this Agreement carefully. Any software and electronic documents related to
this Agreement shall be authorized for your use according to the terms of this Agreement. At the same
time, this Agreement is also applicable to any later release and upgrade of QuizWiz. You clearly know
and understand that you have the right to accept or not to accept the terms of this
Agreement.
I.
User conditions of use
QuizWiz
enables you to log in with your Email/Google/Microsoft Account, access to service such as cloud services
etc.
Unless otherwise specified, QuizWiz services shall be used for non-commercial purposes
only. You undertake not to duplicate, copy, sell, resell or use any part of QuizWiz or the use or
acquisition thereof for any commercial purposes including but not limited to
advertising.
You
can use QuizWiz legally if you abide by the terms and conditions of this Agreement.
You
promise to confirm and acknowledge the following information:
In
view of the violation of relevant laws and regulations or this Agreement, the infringement, endangerment
or threat of any persons’ rights or safety, or the act of false personation, we have the right, without
explanation, to take the following measures including but not limited to: delete illegal, infringing and
inappropriate contents from the service, prevent violators from using all or part of our Products, and
in accordance with laws and regulations, keep relevant information and then report to relevant
authorities.
By logging in your Google account , you will be able to export your quizzez from
QuizWiz to your google forms. Additionally quizzes will be automatically saved on to your goggle
drive
Please
note that QuizWiz does not automatically log you out of your account unless the account has been
inactive for twelve hours. You are solely responsible for all liabilities caused by the disclosure of
your email account information, your used or files, your browser information and setting information
saved.
If
QuizWiz is not provided from the channels we designated or not obtained from the media permitted or
authorized by us, we cannot guarantee whether it is infected with computer viruses, contains hidden
Trojan horse programs or hacking software. The use of such kind of software may lead to unpredictable
risks. Hence, we recommend that you do not rashly download, install or use such kind of software. We are
exempted from any and all legal liabilities and disputes arising therefrom.
You
promise and guarantee that the following behaviors will not exist:
Copy,
distribute, reprint, display, post, modify, translate, merge, utilize, decompose or decompile any part
of QuizWiz in any form or method.
Use QuizWiz for the purpose of creating the same or competitive
services.
You
promise to bear corresponding legal responsibilities for the following actions in the process of using
QuizWiz
Violation
of privacy;
Violation of intellectual property;
Harassing, threatening, insulting or
slandering others, infringing on the legitimate rights and interests of others;
Endangering the
safety of children;
Publishing content that violates the principles of honesty and authenticity,
including spam, false information and fake information;
Publishing harmful or dangerous content,
including spreading obscenity, pornography, violence, murder, terrorism, or instigating crimes and
propagating hatred;
Other acts prohibited by laws and administrative regulations.
II.
User Information Protection
Protecting
users' personal information is one basic principle of QuizWiz. We will collect, use, store and share
your personal information in accordance with this Agreement and Privacy Policy of QuizWiz. If there is no explicit provision
on personal information protection in this Agreement, the content of QuizWiz Privacy Policy shall
prevail. At the same time, we attach importance to the protection of consumers'; rights and interests,
and we will ensure that users have the right to know the method of usage of digital contents in
Products.
Without your authorization, we will not publish, edit or disclose your personal
information and the non-public information you set and save on the services we provide,
unless:
Relevant
laws and regulations or requirements of judicial and administrative organizations of the country require
to do so.
Transfer for completion of merger, division, acquisition or asset transfer.
It is
necessary to do so in order to provide you the service you require. Currently we do not have any such
services that would require us to do so.
It can be transferred or disclosed to any third party
according to the QuizWiz Privacy Policy or other relevant agreements.
For
the above categories of data, we will also take appropriate technical measures to ensure data security
and prevent data leakage, so as to protect your rights and interests.
If you have any questions or
concerns about our data practice, please contact support@onescreensolutions.com and we will respond to
your needs.
III.
Service Fees
We
reserve the right in our sole discretion to substitute, modify or terminate specific member benefits.
The Service fees are payable in advance. The Service fees are not refundable in whole or in part for any
reason. For users under the age of 18, please make sure that you have obtained the consent from your
parent or legal guardian before you use any of the paid QuizWiz services.
Where any services of
QuizWiz are offered for free, it shall not constitute a representation by us that the same will continue
to be free of charge in the future. We have the right to inform you of the imposition of fees for
certain services and the means of payment via notification within the software with advanced notice. If
you continue your use of such services, you shall be deemed to have agreed to bear the said
fees.
IV. Account Deletion and Refund Policy
All account information, quizzes, and settings will be permanently removed from our platform. We will retain only your email address and billing history for legal compliance.
Once your account is deleted, it cannot be recovered.
For free or trial subscriptions, accounts will be deleted immediately upon request. For paid subscriptions, accounts will be deleted after the end of the current billing cycle.
Refunds will not be provided for any remaining subscription period after account deletion.
Any credits or benefits that have not been used during your subscription period will also not be refunded. This ensures fairness and consistency in our billing practices, as these credits have already been utilized during the active subscription.
V.
Limitations of Liability
In
no event will we or our directors, employees, or agents be liable to you or any third party for any
direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost
profit, lost revenue, loss of data, or other damages arising from your use of the site, even if we have
been advised of the possibility of such damages. notwithstanding anything to the contrary contained
herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at
all times be limited to the amount paid, if any, by you to us during the one (1) month period prior to
any cause of action arising. certain us state laws and international 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 or limitations may not apply to you, and you may have additional
rights.
VI.
Disclaimer
Due
to the needs of business development, we may unilaterally change (e.g., add or reduce), suspend,
restrict or terminate some or all of the contents of QuizWiz, and we do not need to provide any further
notice for the above situations.
QuizWiz has been thoroughly tested, but it can't be guaranteed to
be completely compatible with all third-party software and hardware systems, and it can't be guaranteed
that QuizWiz is completely error-free. In case of incompatibilities or Product errors, you can inform us
to obtain necessary technical support.
We can't guarantee:
QuizWiz
fits your usage requirements.
QuizWiz is free from bugs or errors.
We
will not assume relevant legal responsibilities for tangible or intangible losses caused by the
following reasons:
Any
situation where the service is interrupted or blocked due to hacker attack, computer virus intrusion,
shielding of illegal content information and harassment information, government regulation and any other
network, technology, communication line, information security management measures, etc., which cannot
meet your requirements.
Any loss caused by your improper use or other reasons of you
own.
Risks incurred by anonymous or false information containing threatening, defamatory, offensive
or illegal contents that are a result of third-party applications.
Defects in cybersecurity and
data protection of third-party software and services (including underlying systems, third-party plug-ins
and open-source SDK providers).
Your losses due to problems of third parties, e.g., operators,
software providers, such as communication line failures, technical problems, network and computer
failures, system instability, software quality and others.
Any liability or loss arising from
defects in intellectual property rights of third party software or services.
Information leakage
due to your improper use or other reasons of your own or those of third parties.
Other losses
caused by force majeure.
VII.
Others
The
right of final interpretation of this Agreement belongs to NZS Inc. DBA OneScreen.
This Agreement
shall come into force as of the date of your acceptance, and this Agreement allows modifications whereby
the altered results will be updated and displayed within QuizWiz. You have the right to stop using
QuizWiz if you disagree with our changes to the relevant provisions of this Agreement. If you continue
to use QuizWiz, it will be deemed that you accept our changes to the relevant terms of this
Agreement.
You hereby acknowledge that QuizWiz is not liable to grant any kind of compensation for
feedback, suggestions, comments or any kind of information provided by you regarding the site, and shall
become our sole property. We shall own exclusive rights, including all intellectual property rights, and
shall be entitled to the unrestricted use and dissemination of the feedback for any lawful purpose,
commercial or otherwise.
The conclusion, execution and interpretation of this Agreement and the
dispute resolution shall be governed by the laws of the State of California and Federal Government of
the United States of America. In case of any dispute between the two parties concerning the content of
this Agreement or its implementation, both parties shall try their best to settle it through mediation.
If mediation is unsuccessful, both parties may proceed with formal resolution process. Judgment on such
awards may be entered by California courts.
Governing Law: User consents that venue of any action
hereunder shall be exclusively in the County of San Diego, California. In the event of litigation, the
exclusive venue and place of jurisdiction shall be the county of San Diego, California.
If any
provision of this Agreement is held wholly or partially invalid or unenforceable, the remaining
provisions of this Agreement shall remain valid and binding.
This Agreement is the final, complete
and exclusive agreement between you and QuizWiz on OneScreen, and replaces and merges the previous
negotiations and agreements between the parties on such matters. You may not transfer the rights and
obligations stipulated in this Agreement without our written consent. Any attempt to transfer in
violation of the above provisions is null and void.
Contact us
Address:
12335 World Trade Drive, Suite 9 San Diego, CA
Zip code: 92128
E-mail:
support@onescreensolutions.com