IMPORTANT - THE FOLLOWING TERMS AND CONDITIONS ARE A LEGALLY BINDING AGREEMENT AND BY USING THIS WEBSITE OR SELECTING THE YES OPTION WHEN YOU DOWNLOAD ANY MATERIAL FROM www.iq-quizes.com, YOU ARE INDICATING THAT YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THESE TERMS.
Welcome to www.iq-quizes.com! This agreement ("Agreement") is a contract between you and www.iq-quizes.com, Inc. (d/b/a www.iq-quizes.com) and governs your use of this web site (“www.iq-quizes.com Website”) and all Downloads (as defined below) from www.iq-quizes.com (collectively, the "Service"). By accepting this Agreement, you represent that (a) you read and understood this Agreement and agree to be bound by its terms and conditions, (b) you are the person or entity responsible for the wireless account associated with the mobile number provided, (c) you are responsible for all services used through that wireless account, and (d) you are at least 18 years of age or if you are under 18, you must get the consent of your parent or guardian to obtain Downloads and www.iq-quizes.com will be entitled to conclude that you have obtained such consent if you proceed with a Download. If you do not agree to be bound by (or cannot comply with) any of the terms and conditions of this Agreement, do not continue the download process by clicking on “CANCEL”.
www.iq-quizes.com may from time to time amend, supplement or modify the terms of this Agreement, and will post a copy of such amended Agreement at www.iq-quizes.com If you do not agree to be bound by (or cannot comply with) the Agreement as amended, you agree that your sole remedy is to cease using the Service by texting “STOP” to 20795. Your continued use of the Service constitutes your agreement to be bound by the amended Agreement.
The Service is available via supported wireless devices, making available to you downloadable mobile entertainment, such as ringtones, voice mail, games and graphics (collectively, the "Downloads").
You agree that you will not allow unauthorized individuals to use your account as identified by your cellular phone number. You agree to indemnify and hold www.iq-quizes.com, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, harmless for any improper, unauthorized or illegal uses of your account.
www.iq-quizes.com shall be entitled to rely on the assumption that the person or entity responsible for the wireless account for mobile handset to which content is downloaded is responsible for all use of the Service through that wireless account. www.iq-quizes.com will not issue refunds to persons or entities claiming that they did not authorize the use of their wireless account to receive a Download. If you are under 18, you must get the consent of your parent or guardian to obtain Downloads. www.iq-quizes.com will be entitled to conclude that you have obtained such consent if you proceed with a Download.
You acknowledge and agree that certain Downloads accessible via the Service will only be supported by certain types of wireless device that will support that type of Download. For example, to download a polyphonic ringtone, you must have a wireless device that (a) supports polyphonic ringtones, (b) supports text messaging, and (c) has a plan that supports wireless Internet access. Similarly, to download a monophonic ringtone, your wireless device must support monophonic ringtones and your plan must support text messaging. If you attempt to download any Download that cannot be supported by your wireless device, you agree that you will not be entitled to any refunds or credits. If you fail to receive a Download because of network congestion or unavailability, you may contact the Customer Service, and www.iq-quizes.com will redeliver such Download. In no event will www.iq-quizes.com provide any refunds to you for the inability to download any Downloads.
You may use the Service only in accordance with the terms and conditions of this Agreement and any amendments, as well as any additional terms that may be presented in connection with any particular feature or function of the Service from time to time.
The Service is for your personal use. You understand and agree that you may not transmit or re-transmit, broadcast or re-broadcast or make any commercial use of the Service, including the Downloads. For example, you may not copy or distribute the Service or the Downloads in any manner not expressly authorized by the Service.
You may not attempt (or authorize, encourage or support others' attempts) to circumvent, reverse engineer, decrypt, break or otherwise alter or interfere with the Service, including the Downloads. You agree to advise www.iq-quizes.com promptly of any such unauthorized use(s) or attempt(s). You understand and acknowledge that the Downloads made available as part of the Service are owned by www.iq-quizes.com, its business partners, affiliates and/or licensors, as applicable, and are protected by intellectual property laws. www.iq-quizes.com grants you a limited, non-exclusive, non-transferable, revocable right to download the Downloads to your compatible device solely for your own non-commercial use. You understand and agree that you may not download, reproduce, modify, display, perform, transfer, distribute or otherwise use the Downloads except as expressly provided in this Agreement. You understand and agree that you may not authorize, encourage or allow any Downloads used or obtained by you to be reproduced, modified, displayed, performed, transferred, distributed or otherwise used by any other party, and you agree that you will take all reasonable steps to prevent any unauthorized reproduction and/or other use of them.
In such event, www.iq-quizes.com can no longer grant to you the license or rights necessary for you to play back any such Downloads after the end of the period in which such rights expire, your rights to use the applicable content shall expire upon notice from www.iq-quizes.com. If www.iq-quizes.com is unable to make any previously granted rights available to you, www.iq-quizes.com will not be obligated to refund any portion of your fees, but you may contact customer support to receive an agreed upon replacement Download, if available.
Please direct any questions concerning the Service or any other www.iq-quizes.com-related issue, to a www.iq-quizes.com Customer Service or phone: 1800 235 7105
Agreement to Pay. By completing the download process, you authorize your wireless carrier to charge appropriate fees directly to your wireless service bill.
Taxes. You agree that your wireless carrier is authorized to collect any applicable taxes and impose any applicable premium surcharges that may apply to the use of certain features of the Service.
Electronic Contracts. www.iq-quizes.com may include in the Service the ability for you to make electronic purchases. You acknowledge and agree that any submissions you make for electronic purchases constitute your intent and agreement to be bound by the terms of and to pay for such purchases. You may withdraw your consent to enter into such electronic agreements by giving written notice to www.iq-quizes.com, but if you do so, you will not thereafter be able to make any electronic purchase(s). To the extent that such electronic purchases are offered to you by a third party, you acknowledge that www.iq-quizes.com shall not be responsible or liable to you for the products or services purchased. The provisions of this paragraph do not apply to your agreement and arrangements to pay fees to www.iq-quizes.com for Downloads; that arrangement is addressed in the Agreement to Pay section above.
www.iq-quizes.com is not responsible to you for any content or materials contained in all or part of any Download or any other aspect of the Service that you might find objectionable.
Currently, the Service is only available to residents of the United States of America. You understand and acknowledge that you may not sign up for, access, or attempt to access or use the Service from countries outside of United States of America. You agree to abide by United States of America and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a national destination or person prohibited under such laws.
www.iq-quizes.com allows the use of cookies, similar to an Internet browser. This allows any website to set cookies for you when you view any of the website’s content, unless you have disabled cookies. If you have disabled cookies, you may be asked to login each time you access the features and some www.iq-quizes.com services may not function properly.
General. The Service, including the Downloads, and portions of them, may contain or comprise copyrighted and/or proprietary subject matter. Your rights with respect to your use of the same are governed by all the terms and conditions of this Agreement, all applicable laws, including but not limited to intellectual property laws, and any applicable end-user license agreements. For the avoidance of doubt, your use of the Service and the Downloads is under license; you will not obtain any ownership interest in any of them through this Agreement or otherwise.
www.iq-quizes.com respects the intellectual property rights of others, and it expects you to do the same. If you know of or suspect that any use of the Service or the Downloads constitutes copyright infringement, please send a notice to Customer Service. The notice must contain the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf; (b) description of the copyrighted work(s) that is/are allegedly being infringed; (c) the location of the allegedly infringed work(s); (d) your current contact information (e.g. address, phone number, and email address); (e) a statement that you have a "good faith belief" that the use of the complained-of copyrighted work(s) is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you signed under penalty of perjury that all the information you provide in the notice is accurate and that you are the copyright owner or a person authorized to act on the copyright owner's behalf (all of this collectively is a "Notice").
If www.iq-quizes.com (a) receives a Notice alleging that you have engaged in infringing behavior or (b) reasonably suspects that your use of the Service or the Downloads violates www.iq-quizes.com' or others' intellectual property rights, www.iq-quizes.com may, in its sole discretion, suspend or terminate your account with or without notice to you. If www.iq-quizes.com suspends or terminates your account under this paragraph, it shall have no liability or responsibility to you, and www.iq-quizes.com will not refund any portion of your fees charged to date.
All trademarks, service marks, trade names, domain names, slogans, logos, and other indicia of origin that appear on or in connection with the Service are the property of www.iq-quizes.com and/or its affiliates, licensors and/or licensees. You may not copy, display or use any of these marks without prior written permission of the mark owner.
In addition to the restrictions set forth above, you expressly acknowledge and agree that you may not copy, distribute, sell, resell or exploit for any commercial purposes, any portion of the Service (or any Downloads accessible on or through the Service), or your user name or password.
www.iq-quizes.com and/or its business partners may present advertisements and promotional materials on or through the Service. Your participation in any www.iq-quizes.com promotional event is subject to the terms and conditions associated with that event. Your correspondence or business dealings with, or participation in promotions of, any third-party advertisers on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third-party. You agree that neither www.iq-quizes.com nor its business partners shall be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Service.
The Service may present links to retailers and/or other third-party websites not owned or operated by www.iq-quizes.com. These links are provided only as a convenience to you. Neither www.iq-quizes.com nor its business partners are responsible for the availability of these outside sites or their contents. You understand and agree that neither www.iq-quizes.com nor its business partners are responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content of any such site or goods or services available through any such site. You should direct any concerns regarding these third-party sites to those sites' administrators.
www.iq-quizes.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice to you. You agree that neither www.iq-quizes.com nor its affiliates or licensors shall be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You understand and agree that any unauthorized use of the Service or the Downloads would result in irreparable injury to www.iq-quizes.com and/or its affiliates or licensors for which money damages would be inadequate, and in such event www.iq-quizes.com its affiliates and/or licensors, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this paragraph or elsewhere in this Agreement shall be construed to limit remedies or relief available pursuant to statutory or other claims that www.iq-quizes.com, its affiliates and/or licensors may have under separate legal authority, including but not limited to, any claim for intellectual property infringement.
You agree to indemnify and hold harmless www.iq-quizes.com and its agents, employees, representatives, licensors, affiliates, parents and subsidiaries from and against any and all claims, actions, demands, causes of action and other proceedings arising from or concerning your use of the Service (collectively "Claims"), and to reimburse them on demand for any losses, costs, judgments, fees, fines and other expenses they incur (including attorneys' fees and court costs) as a result of any Claims.
www.iq-quizes.com may in its sole discretion terminate this Agreement or suspend your account at any time with or without notice to you if you breach (or www.iq-quizes.com reasonably suspects that you have breached) any provision of this Agreement. If www.iq-quizes.com terminates this Agreement, or suspends your account for any of the reasons set forth in this paragraph, it shall have no liability or responsibility to you, and www.iq-quizes.com will not refund any portion of any fees paid by you for the use of the Service. You understand and agree that your cancellation of your account is your sole right and remedy with respect to any dispute with www.iq-quizes.com. This includes, but is not limited to, any dispute related to or arising out of: (a) any term of this Agreement or www.iq-quizes.com' enforcement or application of the same; (b) any policy or practice of www.iq-quizes.com, including its Privacy Policy, or www.iq-quizes.com' enforcement or application of these policies; (c) the Downloads; (d) your use of and/or ability to access and use the Service; and (e) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.
www.iq-quizes.com will not refund any fees, if it turns out that the requested ringtone is not compatible with your handset. It is your responsibility to test if your phone is compatible with both monophonic or polyphonic version.
You understand and agree that your use of the Service and the Downloads is at your own sole risk. THE SERVICE AND THE DOWNLOADS ARE PROVIDED "AS IS" AND WITHOUT WARRANTY BY www.iq-quizes.com OR ITS AGENTS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, BUSINESS PARTNERS AND/OR SUPPLIERS (THE "www.iq-quizes.com ENTITIES"), AS APPLICABLE, AND, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, www.iq-quizes.com AND THE www.iq-quizes.com ENTITIES, AS APPLICABLE, EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NONINFRINGEMENT OF THIRD PARTY RIGHTS. THERE IS NO WARRANTY THAT THE SERVICE OR THE DOWNLOADS WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO THE SAME WILL BE UNINTERRUPTED OR ERROR-FREE. www.iq-quizes.com AND/OR THE www.iq-quizes.com ENTITIES, AS APPLICABLE, DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE OR THE DOWNLOADS WITH RESPECT TO PERFORMANCE, ACCURACY, RELIABILITY, SECURITY CAPABILITY, CURRENTNESS OR OTHERWISE. YOU WILL NOT HOLD www.iq-quizes.com AND/OR THE www.iq-quizes.com ENTITIES, AS APPLICABLE, RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM YOU ACCESSING THE SERVICE OR USING THE SERVICE, AND/OR THE DOWNLOADS INCLUDING, BUT NOT LIMITED TO, ANY INFECTIONS OR CONTAMINATIONS OF YOUR DEVICES YOU USE TO ACCESS THE SAME OR TO TRANSFER DOWNLOADS THAT MAY RESULT FROM THAT USE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON SHALL CREATE A WARRANTY IN ANY WAY WHATSOEVER RELATING TO www.iq-quizes.com AND/OR THE www.iq-quizes.com ENTITIES AS APPLICABLE.
UNDER NO CIRCUMSTANCES SHALL www.iq-quizes.com AND/OR THE www.iq-quizes.com ENTITIES AS APPLICABLE, BE LIABLE FOR ANY UNAUTHORIZED USE OF THE SERVICE AND/OR THE DOWNLOADS.
UNDER NO CIRCUMSTANCES SHALL www.iq-quizes.com AND/OR THE www.iq-quizes.com ENTITIES AS APPLICABLE, BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE AND/OR THE DOWNLOADS, EVEN IF www.iq-quizes.com AND/OR THE www.iq-quizes.com ENTITIES AS APPLICABLE, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. TO THE EXTENT THAT IN A PARTICULAR CIRCUMSTANCE ANY DISCLAIMER OR LIMITATION ON DAMAGES OR LIABILITY SET FORTH HEREIN IS PROHIBITED BY APPLICABLE LAW, THEN, INSTEAD OF THE PROVISIONS HEREOF IN SUCH PARTICULAR CIRCUMSTANCE, www.iq-quizes.com AND/OR THE www.iq-quizes.com ENTITIES AS APPLICABLE, SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND/OR LIMITATIONS ON DAMAGES AND LIABILITY AVAILABLE AT LAW OR IN EQUITY BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE, AND IN NO EVENT SHALL SUCH DAMAGES OR LIABILITY EXCEED $100.
This Agreement and any other terms or documents referred to herein represent your entire agreement with www.iq-quizes.com with respect to your use of the Service. You understand and agree that, except as expressly set forth herein, this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. www.iq-quizes.com’ failure to pursue any available claim or defense pursuant to this Agreement will not be a waiver of such claim or defense. The headings used in this Agreement are for convenience only, and will have no effect on the interpretation or legal enforceability of the terms herein.
Thank you for visiting our site at www.iq-quizes.com("Web Site"). Your privacy is important to us and we provide this notice explaining our online information practices and the choices you can make about the collection and use of the personal information you submit at this site. This policy applies only to www.iq-quizes.com treatment of personally identifiable information collected through our Web Site. www.iq-quizes.com has the right to share your information with third parties.
If you are visiting our site from outside the United States, please be advised that because we operate internationally, and certain of our computer systems are currently based in the United States, your personal data will be processed by us in the U.S. where data protection and privacy regulations may not offer the same level of protection as in other parts of the world, such as the European Union. By using the Web Site, you consent to any such transfer of information outside of your country, and you also consent to www.iq-quizes.com using your personal information to contact you electronically, in writing, or otherwise to provide notices relating to your use of the Web Site and to give you information about the products and services offered by www.iq-quizes.com and its affiliates. www.iq-quizes.com may store your information beyond this date if that is required by law or contract.
Web Site Visitors. We may collect certain non-personally identifiable information when you visit many of our Web pages, such as the type of browser you are using (e.g., Netscape, Internet Explorer), the type of operating system you are using, (e.g., Windows 2000 or Mac OS), and the domain name of your Internet service provider (e.g., America Online, Earthlink).
Web Site Customers. In order to purchase products or services from www.iq-quizes.com, we require that you provide us with certain personally identifiable information. The types of personally identifiable information that may be collected at this site include: name, address, e-mail address, mobile phone number and MSISDN (mobile station integrated services digital network number), credit card and billing information, download history, customer generated content and/or information about your interests in and use of various products, programs, and services.
We may use such personally identifiable information to provide the information or content you have requested (e.g., fulfill your orders for our ringtones, data and news), to contact you about programs, products, features or services in which we believe you may be interested (such as future promotional materials), or for other purposes disclosed from time to time. We also may use your personally identifiable information to contact you regarding your use of our Web Site or changes to our privacy notice, Terms of Service, or other policies or terms that affect you and your use of our Web Site. In addition, we may use information collected about our users to improve the content and navigation of our Web Site, or for other internal purposes.
We may, from time to time, supplement the information we collect from you with outside records (e.g., information we obtain from other companies, including wireless providers) to enhance our ability to serve you, to tailor our content to you, and to offer you opportunities to purchase products or services that we believe may be of interest to you.
To fulfill your requests for products and services (e.g., provide you with content via your mobile phone), we may share the personally identifiable information you provide with your mobile phone service provider or their partner and subcontractor companies. Our privacy policy does not cover such entities use of information. To learn more about your provider's privacy practices, you should consult its privacy policy. From time to time, we may share personally identifiable information with unrelated third parties to enable them to provide you with opportunities to learn of products or services in which you may be interested.
We may also disclose anonymous, aggregated user statistics to third parties for a variety of purposes. For example, we may disclose how many individuals visited certain areas of our Web Site or purchased a particular type of product.
In addition, we may disclose personally identifiable information collected about you at this site in the following instances:
Legal Action: We may disclose information about our users, including personally identifiable information, when requested by governmental or quasi-governmental authorities conducting an investigation, hearing or the like, to verify or enforce compliance with the policies governing our Web Site and applicable laws, or to protect against misuse or unauthorized use of our Web Site. We also may disclose user information whenever we believe disclosure is necessary to limit our legal liability; to protect or defend our rights or property; or protect the safety, rights, or property of our users.
Corporate Change: We may sell, transfer, or otherwise disclose user information, including personally identifiable information, to a successor entity in connection with a corporate merger, consolidation, the sale of substantially all assets, or other corporate change respecting the Web Site.
Your Choices. As noted above, we may use the personally identifiable information we collect from you online to provide you with opportunities to offer you products and services that may be of interest to you. If you would like to opt out of future promotional materials from us, you may indicate this preference by following the unsubscribe instructions at the end of such e-mail communications. You may not opt out of service-related notifications.
Collection of Information by Third-Party Sites and Sponsors
Some of our Web pages contain links to other sites whose information practices may be different than ours. Visitors and Customers should consult the other sites' privacy notices as we have no control over information that is submitted to, or collected by, these third parties.
Cookies. To enhance your experience with our site, we may use "cookies" on our Web Site. Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your Web browser to enable our systems to recognize your browser and to provide features. Cookies, by themselves, do not tell us your e-mail address or other personally identifiable information unless you choose to provide this information to us by, for example, registering at our Web Site. However, once you become a Customer and furnish the site with personally identifiable information, this information may be linked to the data stored in the cookie.
We use cookies to understand site usage and to improve the content and offerings on our site. For example, we may use cookies to personalize your experience at our Web pages (e.g., to recognize you when you return to our site). You may adjust your browser to reject cookies from us or from any other Web Site. Please consult the "Help" section of your browser for more information. However, certain areas of our site can be accessed only in conjunction with cookies or similar devices and you should be aware that disabling cookies or similar devices might prevent you from accessing some of our content.
Data Security. We have put in place certain physical, electronic, and managerial procedures to help prevent unauthorized access and maintain data security. Due to the open nature of Internet communications, we cannot guarantee that communications between you and www.iq-quizes.com will be free from unauthorized access by third parties. Visitors of the Website and Customers use the site at their own risk.
Changes to Privacy Policy. We may, from time to time, update this privacy notice and such changes shall be effectively immediately and without further notice to you.
Questions/Concerns? If you have any questions, comments, or concerns regarding our privacy policy, please contact Customer Service
Effective Date. This notice was updated on or about July 2009