Terms of Use/User License

Last Updated June 17, 2008

THIS TERMS OF USE/USER LICENSE (THIS “AGREEMENT”) CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND BOREDQUIZ LLC. (“BOREDQUIZ”). CONTINUED USE OF THE BOREDQUIZ SERVICE, AS DEFINED BELOW, CONSTITUTES ASSENT TO THE TERMS OF THIS AGREEMENT AS SUCH TERMS MAY BE AMENDED FROM TIME TO TIME. YOUR FAILURE TO ADHERE TO THE TERMS AND OBLIGATIONS INCLUDED HEREIN SHALL CONSTITUTE A BREACH OF THIS AGREEMENT, WHICH MAY RESULT IN PERSONAL LIABILITY FOR YOU UNDER THE INDEMNITY SET FORTH BELOW AND/OR IN IMMEDIATE TERMINATION OF YOUR ACCOUNT AND, AT BOREDQUIZ'S SOLE DISCRETION, THE DELETION OF ALL CONTENT RELATED THERETO.

BoredQuiz is the owner and operator of the website located at http://www.boredquiz.com, and any linked pages or applications (the “BoredQuiz Site”), and is the provider of the services which are available to You though BoredQuiz, including Widgets, and applications created by BoredQuiz and available through social networking sites (“SNS Apps”). The availability of any SNS Apps on a social networking site does not indicate any relationship or affiliation between BoredQuiz and such social networking site (the “BoredQuiz Services”).

  1. Eligibility Criteria and Representations. You hereby represent that the following are all true:
    1. You are at least 13 years old, and if You are less than 18 years old, You have the permission of Your parents or legal guardian to use the BoredQuiz Service. (Please be aware that BoredQuiz may create certain areas on the BoredQuiz Site that contain adult or mature content. You must be at least 18 years of age to access and view such areas.) If You are not at least 13 years old, please discontinue using the BoredQuiz Site and the BoredQuiz Services immediately.
    2. You have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement; and
    3. You have the right to display each and every item of content (whether images, links, documents, “Skins”, or files – “content”) which You have released to the BoredQuiz Site, including the right to display all copyrights, trademarks, trade names and similar intellectual property interests reflected therein or thereon. Your sharing of content constitutes permission for reproduction/printing of such image by any recipient for his or her personal use and by BoredQuiz solely to provide the BoredQuiz Service to You and others, to market the BoredQuiz Service and/or the BoredQuiz Site, and to illustrate the operation of the BoredQuiz Service and/or the BoredQuiz Site. You understand that the BoredQuiz Service may involve the transmission of content over various networks and changes to content to conform and adapt to technical requirements of connecting networks, devices or display media. See also, discussion of “Skins” below.
  2. License Grant.
    1. LICENSE. Subject to the terms of this Agreement, BoredQuiz hereby grants You a limited, non-sublicensable, non-transferable, nonexclusive license to use the content that You have downloaded or are about to download, any content that you have embedded on a third party web site or are about to embed (“BoredQuiz Results”), any quizzes, tests, polls, surveys, and any content running on BoredQuiz's server (“BoredQuiz Software”). You may (and in fact are encouraged to) download, complete, share, and/or use the BoredQuiz Content on a single computer or on a website that is operated and maintained by You, or by someone else who has agreed to be bound by this Agreement. As between the parties, title, ownership rights, and intellectual property rights in and to the BoredQuiz website, and any copies or portions thereof, shall remain in BoredQuiz and its suppliers or licensors. You understand that BoredQuiz may modify or discontinue offering the BoredQuiz content at any time.
    2. GOVERNMENT USE. If You are a part of an agency, department, or other entity of the United States Government (“Government”), the use, duplication, reproduction, release, modification, disclosure or transfer of the BoredQuiz content is restricted in accordance with the Federal Acquisition Regulations as applied to civilian agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies. The BoredQuiz website is a “commercial item,”. In accordance with such provisions, any use of the BoredQuiz website by the Government shall be governed solely by the terms of this Agreement.
  3. Your Obligations. In exchange for Your being able to use the BoredQuiz Content, the BoredQuiz Services and/or the BoredQuiz Site, You agree to be bound by the following obligations:
    1. Registration:
      1. If You choose to register with BoredQuiz, You will provide us with an email address You own and use, a password and a username (“User ID”). You shall be solely responsible for maintaining the confidentiality of Your password. You will also update Your registration information on the BoredQuiz Site from time to time so that it remains true, correct and complete.
      2. You may not:
        1. use a false name or an email address owned or controlled by another person with the intent to impersonate that person or for any other reason;
        2. use as a User ID a name subject to any rights of a person other than Yourself without appropriate authorization; or
        3. otherwise submit false or misleading information to BoredQuiz.
    2. Prohibited Content. You may not (and will not allow any third party to) post or link to any material or content which:
      1. is sexually explicit, profane, libelous, defamatory, obscene, or otherwise violative of any law (each a “Prohibited Posting”), or
      2. constitutes an infringement, misappropriation or violation of the intellectual property, publicity or other proprietary rights of any person or entity (each, an “Infringing Posting”).
    3. No Changes to the Website/Prohibited Uses. You may not and may not allow any third party to:
      1. modify, adapt, disassemble, decompile, translate, reverse engineer or otherwise attempt to discover the source code or structure, sequence and organization of the BoredQuiz Website or the BoredQuiz Service (except where the foregoing is required by applicable local law, and then only to the extent so required under such laws);
      2. copy or distribute the BoredQuiz Website(except for a version that has this license attached where the user agrees to the terms of this Agreement)
      3. rent, lease, use the BoredQuiz Content for timesharing or service bureau purposes, or otherwise obtain a commercial benefit from the the BoredQuiz Content unless You inform BoredQuiz Email of Your commercial purpose prior to such use;
      4. use the BoredQuiz Website in any manner that could damage, disable, overburden, or impair BoredQuiz's Service or another user's use of the BoredQuiz Service;
      5. remove, obscure or change any copyright, trademark, hyperlink or other proprietary rights notices (“Notices“) contained in or on the BoredQuiz Site, BoredQuiz Service, BoredQuiz code embeddable or embedded on a third party web site
      6. collect any information about other users or members (including usernames and/or email addresses) for any purpose;
      7. create user accounts by automated means or under false or fraudulent pretenses;
      8. create or transmit unwanted electronic communications such as “spam,” to other users or members of the BoredQuiz Site and/or BoredQuiz Service or otherwise interfere with other user's or member's enjoyment of the BoredQuiz Site and/or BoredQuiz Service;
      9. submit any content or material that falsely express or imply that such content or material is sponsored or endorsed by BoredQuiz;
      10. transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature; or
      11. use the BoredQuiz Site or BoredQuiz Services to violate the security of any computer network or transfer or store illegal material.
  4. Indemnity. You agree to indemnify and hold BoredQuiz (and any employee, officer, director or affiliate of BoredQuiz) harmless (including costs and attorneys' fees) from any claim or demand made by any third party due to or arising out of Your access to the BoredQuiz Site or Service, the violation of this Agreement by You, the infringement by You, or any third party using Your account, of any intellectual property or other right of any person or entity, or for any content posted on the BoredQuiz Site by you (including claims related to defamation, invasion of privacy, or other violation of a person's rights). Your obligations under the foregoing indemnity may not be offset against any other claim You may have against BoredQuiz or any BoredQuiz Person. You remain solely responsible for all content that You upload, post, email, transmit, or otherwise disseminate using, or in connection with, the BoredQuiz Website or the BoredQuiz Service.
  5. Rights of BoredQuiz/Exculpation of BoredQuiz. By using the BoredQuiz Service and/or the BoredQuiz Site, You acknowledge and agree,
    1. BoredQuiz does not claim any copyright or other ownership in any material or content uploaded by You through the BoredQuiz Site (other than solely to provide the BoredQuiz Service to You and others, to market the BoredQuiz Service and/or the BoredQuiz Site, to illustrate the operation of the BoredQuiz Service and/or the BoredQuiz Site, and an exclusive license in the case of Skins submitted by you (see discussion of Skins, below) simply because You have uploaded it on to the BoredQuiz Site. You are solely responsible for protecting your own content from loss.
    2. BoredQuiz has the right to refuse registration of, or cancel Your user account and/or User ID in its discretion for any reason or for no reason. Any content that has been uploaded onto the BoredQuiz Service may be deleted at such time without notice to You.
    3. BoredQuiz has the right to make changes to this Agreement, and all of it's Policy's at any time without prior notice. Such modifications will be effective no later than the time such the new terms are posted or otherwise implemented on the BoredQuiz Site, and may, in certain circumstances, be retroactive.
    4. BoredQuiz and its licensors own and retain all proprietary rights in the BoredQuiz Site, the BoredQuiz Services, and all associated software, content and material. The BoredQuiz Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided herein), create derivative works based on, distribute, perform, display, or in any way exploit, any of the content, software, and/or materials available through the BoredQuiz Site or BoredQuiz Services in whole or in part without the express written agreement of BoredQuiz. Except as expressly provided herein, BoredQuiz and its suppliers do not grant You any express or implied rights under any patents, copyrights, trademarks, trade secret, or other intellectual or industrial property rights. If You submit any ideas regarding products or services (other than Skins, see below), such ideas automatically become the property of BoredQuiz, and You automatically forfeit Your right to the intellectual property of these ideas. If You intend to own the intellectual property rights of Your ideas in any way (patent, trade secrets, copyright, trademark, etc.) please send a message to BoredQuiz Email and describe ONLY the general application – do not submit Your concepts to BoredQuiz or its employees through any other medium. Please note that a legal agreement may be required by BoredQuiz in order to evaluate Your concept(s).
    5. BoredQuiz has no responsibility for the statements in any message, content or other material posted on or through the BoredQuiz Site by any user. If BoredQuiz receives notice that an item on the BoredQuiz Site is an Infringing Posting or a Prohibited Posting, it will use such efforts as it, in its sole discretion, believes are reasonable, to determine whether such item is an Infringing Posting or a Prohibited Posting, and if it is, to remove all or a portion of such items. You acknowledge, however, that this is a manual process and that BoredQuiz cannot evaluate or remove such items immediately. BoredQuiz HAS NO OBLIGATION TO ACCEPT OR DISPLAY ANY CONTENT, AND CONTENT UPLOADED BY YOU MAY BE DELETED BY BoredQuiz FOR ANY REASON OR FOR NO REASON AT ALL.
    6. BoredQuiz is exempt from liability to any person for any claim based upon its good faith disabling of access to or removal of any content, including material it believes, in its sole discretion to be an Infringing Posting or a Prohibited Posting, regardless of whether the material ultimately is determined to be infringing or otherwise prohibited. By using the BoredQuiz Service, You agree that notice to You through an email to the email address You provided in Your profile constitutes reasonable efforts to notify You of any removal or disabling if such notice is required, and if you have created an anonymous account, you waive the right to notice, if any is required.
    7. BoredQuiz reserves the right to reveal Your identity (or whatever information we know about You) in the event of a complaint or legal action arising from any message or other content posted by You or where such information is otherwise relevant. BoredQuiz may log all internet protocol addresses accessing the BoredQuiz Site and other information about users' access, and maintain backup copies of content indefinitely.
    8. BoredQuiz may collect and collate a variety of information regarding the use of the BoredQuiz Site, BoredQuiz Software, or BoredQuiz Service by You or by people who use the BoredQuiz Service through your website, watch your content through the BoredQuiz Service on third-party websites, or visit social network pages on which you have posted content, and may cause the BoredQuiz Content to communicate to the BoredQuiz Website information about its offline operations. BoredQuiz is the sole owner of all such information it collects. Collection and management of such information is governed by our Privacy Policy.
    9. BoredQuiz uses industry-standard security measures to protect the loss, misuse and alteration of the information under our control. Although we make good faith efforts to store the non-public information uploaded to the BoredQuiz Site or collected by BoredQuiz in a secure operating environment that is not available to the public, we cannot guarantee complete security. We cannot and do not guarantee that our security measures will prevent third party “hackers” from illegally accessing our site and obtaining access to content or information thereon.
    10. The BoredQuiz Site, BoredQuiz Software or BoredQuiz Service may contain or deliver advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser's or sponsor's materials.
    11. The BoredQuiz Site, BoredQuiz Software or BoredQuiz Service may contain links to other websites. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on the BoredQuiz Site, the inclusion of a BoredQuiz Widget on a third party's website, or the incorporation of BoredQuiz Software on a third party's website or within a third party's system does not imply approval or endorsement of that website by us. If you decide to access or post any BoredQuiz Content, or other piece of BoredQuiz Website on these third-party websites, you do so at your own risk.
  6. Policies related to Skins. By submitting a Skin to BoredQuiz you understand and agree that:
    1. BoredQuiz does not claim any ownership right in the Skins you submit to us, except to the extent of the exclusive license described below. Such Skins remain your property, but you may not license them to third parties without our consent.
    2. You warrant that such Skin is your original work and that You have the right to license the same to Company, and that the Skin does not violate any third party’s privacy rights, publicity rights, copyrights, trademarks or other intellectual property rights, and You agree to pay for all royalties, fees, and any other monies that may be owing to any person with respect to any Skin submitted by you to or through the BoredQuiz Service.
    3. You grant to BoredQuiz an exclusive, worldwide, perpetual, irrevocable and fully paid-up right to use, modify, reproduce and distribute the Skin and any derivative works thereof, together with the right to sublicense. You understand that BoredQuiz is not obligated to pay you anything for your Skin, or to feature or otherwise display your Skin on any page of the BoredQuiz website.
  7. Policies related to SNS Apps. Installing or otherwise using any SNS Apps constitutes consent to be bound by these Terms of Use, as well as BoredQuiz's Copyright and Privacy Policies, including all provisions related to (angel) collection of information, (b) delivery of advertising, and (c) prohibition on certain activities.
  8. Limitations.
    1. WARRANTY DISCLAIMER. THE BoredQuiz SERVICE, THE BoredQuiz SITE AND THE SOFTWARE IS PROVIDED BY BoredQuiz ON AN “AS IS” BASIS. BoredQuiz AND ITS LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR SOFTWARE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE BoredQuiz SITE OR IN ASSOCIATION WITH THE BoredQuiz SERVICES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BoredQuiz AND ITS LICENSORS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BoredQuiz AND ITS LICENSORS AND AFFILIATES FURTHER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN OR AVAILABLE ON THE BoredQuiz SITE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
    2. POTENTIAL UNAVAILABILITY. THE BoredQuiz SERVICE MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME FOR MAINTENANCE OR OTHER REASONS. BoredQuiz SHALL NOT BE LIABLE FOR ANY FAILURE OF THE BoredQuiz SOFTWARE, BoredQuiz SITE OR BoredQuiz SERVICE. SUCH FAILURE MAY RESULT FROM ANY CAUSE, INCLUDING, BUT NOT LIMITED TO, THOSE BEYOND BoredQuiz'S REASONABLE CONTROL, SUCH AS MECHANICAL, ELECTRONIC OR COMMUNICATIONS FAILURE OR DEGRADATION (INCLUDING “LINE-NOISE” INTERFERENCE). YOU AGREE THAT BoredQuiz SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OF MATERIALS, CONTENT, OR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE SERVICE.
    3. LIMITATION OF LIABILITY. BoredQuiz AND ITS AFFILIATES AND SUPPLIERS WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BoredQuiz'S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO BoredQuiz FOR THE BoredQuiz SERVICES, OR TEN DOLLARS, IF GREATER. YOU SPECIFICALLY ACKNOWLEDGE THAT BoredQuiz IS NOT LIABLE FOR THE CONTENT SUBMITTED BY ANY USER OR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF A THIRD PARTY. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
    4. Please note that a small number of people may experience epileptic seizures when exposed to certain light patterns on a computer screen like those displayed when using BoredQuiz Software or BoredQuiz Services. Consult your physician prior to using the BoredQuiz Software or BoredQuiz Services if you have had any epileptic symptoms (such as eye or muscle twitches, dizziness, altered vision, disorientation, loss of awareness, involuntary movements or convulsions) and discontinue use of the BoredQuiz Software or BoredQuiz Services immediately if you experience any such symptoms
  9. TERM AND TERMINATION. Unless terminated by BoredQuiz, this Agreement will remain in full force and effect while You use the BoredQuiz Software, BoredQuiz Site and/or BoredQuiz Software or BoredQuiz Services. Subject to the last sentence of this Section 8, You may terminate this Agreement at any time by deleting the BoredQuiz Software from Your computer and from any social networking site or other website on which you have installed any BoredQuiz Software and ceasing to use the BoredQuiz Software or BoredQuiz Service. BoredQuiz may terminate this Agreement at any time, particularly if You violate any provision of this Agreement. Any termination of this Agreement shall also terminate the licenses granted hereunder. Upon termination of this Agreement for any reason, You shall destroy and remove from all computers, and other storage media all copies of the BoredQuiz Software. BoredQuiz shall have the right to inspect and audit Your facilities to confirm the foregoing. Your representations in Sections 1 and the provisions of Sections 4 through 11 shall survive any termination or expiration of this Agreement.
  10. THIRD PARTY NOTICES AND LICENSES In order to use the BoredQuiz Service, You may have to download a Flash Player from Adobe Systems Incorporated. Use of the Flash Player is subject to Adobe's Terms of Service. See http://www.adobe.com/misc/copyright.html
  11. MISCELLANEOUS
    1. Privacy. In addition to the terms of this Agreement, You should be aware that use of the BoredQuiz Site and/or the BoredQuiz Service is also governed by our Privacy Policy. Acceptance of this Agreement constitutes acceptance of BoredQuiz's acceptable use policy for content posted on the BoredQuiz Site, BoredQuiz's Privacy Policy, BoredQuiz's Copyright Policy, and any notices regarding the BoredQuiz Site, as such policies or notices may be amended from time to time.
    2. Disputes. You agree that any dispute relating to your use of the BoredQuiz Site, BoredQuiz Software and/or BoredQuiz Service shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of Texas and that any action hereunder must be brought, if at all, within one (1) year from the accrual of the cause of action.
    3. International Use. BoredQuiz makes no representation that the BoredQuiz Software is appropriate or available for use in locations outside the United States, and accessing it from territories where the BoredQuiz Software or any feature of the BoredQuiz Services and/or BoredQuiz Site is illegal is prohibited. Those who choose to access this website (or any other website on which BoredQuiz Content is installed) from other locations do so on their own initiative and are responsible for compliance with local laws. The BoredQuiz Content may be further subject to United States export controls. No BoredQuiz Content may be downloaded from the BoredQuiz Site or through the BoredQuiz Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the BoredQuiz Content is at your sole risk.
    4. No Third Party Beneficiaries. This Agreement is between You and BoredQuiz. No user has any rights to force BoredQuiz to enforce any rights it may have against any You or any other User.

BoredQuiz is an entity offering the transmission, routing, or providing of connections for digital online communications, between or among points specified by a user of material of the user's choosing, without modification of the content of the material sent or received (“transitory digital network communications”), as well as system caching, storage of material residing on a system or network at the direction of a user, and referral or linkage of users to an online location using information location tools, each through the website located at http://www.boredquiz.com, and any linked pages or applications owned and operated by BoredQuiz.

Please contact us at BoredQuiz Contact with any questions regarding this Agreement.

Please contact BoredQuiz Email if you would like to receive a copy of this document showing changes from previous versions.

BoredQuiz is a registered trademark of BoredQuiz, Inc.

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