THESE TERMS INCLUDE AN ARBITRATION CLAUSE AND A WAIVER OF RIGHTS TO PARTICIPATE IN CLASS ACTIONS. YOU AGREE THAT ANY CLAIMS OR DISPUTES ARISING FROM THESE TERMS, OR YOUR USE OF THE SERVICES, WILL BE HANDLED EXCLUSIVELY AS OUTLINED IN SECTION 15 BELOW. PLEASE REVIEW THAT SECTION CAREFULLY, AS IT IMPACTS YOUR LEGAL RIGHTS AND RESPONSIBILITIES.

INTRODUCTION 

The website quiiiz.com (“Website”), as well as the gaming application (“App“, collectively with the Website, “Services“), are owned and operated by Quiiiz Solutions Ltd. and its subsidiaries, including but not limited to its parent companies, joint ventures, and other corporate entities under common ownership. Quiiiz is a company registered and established under the laws of the State of Israel, with registration number 51-6760691 (“Quiiiz”, “We”, “Us”, “Our”). 

 These terms of use (the “Terms”) govern your access to and use of the Services by you (hereinafter “you”, “your”) as well as the Game Rules, Privacy Policy, Cookie Policy, and any document expressly referred to therein, and as well as any guidelines or rules posted on the Services, all of which constitute a binding agreement between you and Us. It is important that you read these Terms before accessing the Services, and by using the offering set forth on the Services, including the play-to-earn skill games therein, so that you are aware of the terms of use relating thereto.  By entering the Services and using the offering provided, you hereby affirm that you have read, understood, accept and agree to be bound by these Terms.

SHOULD YOU NOT AGREE WITH ANY OF THE TERMS HEREOF, THE PRIVACY POLICY, GAME RULES AND COOKIE POLICY, PLEASE REFRAIN FROM USING THE SERVICES AND ANY OF THE OFFERING THEREIN ANY FURTHER.

USE OF OUR SERVICES 

Quiiiz is a multiplayer trivia skill that allows players to compete against other users by answering a set of questions based on general knowledge (“Trivia Tournaments”).  The Trivia Tournaments offered by the Services are play-to-earn skill games, where winners are determined by the objective criteria described in the Game Rules, such as knowledge trivia, and other games as may from time to time be available on the Services. To participate in the Trivia Tournament, users can either purchase an entry ticket or use a subscription that grants access to a limited number of free Trivia Tournaments. Quiiiz also suggests its players participate in a contest promotion, where players can earn promotion tickets by participating in designated Trivia Tournaments and finishing in eligible positions. The Services may not be used for any form of gambling.

By entering the Services and by participating in the Trivia Tournaments , you confirm that you are a private person of at least 18 years of age, or of a legal age allowed to participate in such games and offerings in your applicable jurisdiction if the age in your jurisdiction is higher than 18. To participate in the Trivia Tournaments offered by the Services, you must be an actual person. You cannot be a company or a legal entity, and such participation must be for yourself and in a non-professional capacity. 

Your Account (as such term is defined below) is intended for the administration of your transactions when playing the Trivia Tournaments , meaning in- game transactions, activity, payments of deposited funds and payments of winnings. We reserve the right, at any time, with or without notice, to (i) stop offering or supporting the Services or part of the Services; (ii) terminate or suspend your license to use the Services or any part of it; (iii) modify or discontinue the Services; (iv) modify or remove any of the information contained in the Services; (v) limit the Services’ availability to any person, geographic area, or jurisdiction we choose; (vi) charge fees in connection with the use of the Services; (vii) modify or waive any fees charged in connection with the Services; and (viii) offer opportunities to some and all users of the Services. If that happens, Quiiiz is not required to provide refunds, benefits or other compensation to players in connection with discontinued elements of the Services. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services, in whole or in part. Your continued use of the Services after such changes will indicate your acceptance of such changes in the Services and in these Terms.

WHO CAN PLAY

We only accept players aged 18 years or above (or the legal age in the jurisdiction/country in which you reside if such age is higher than 18). By accessing or otherwise using the Services, you represent and warrant that you are a natural person of at least 18 years of age or older, who is personally assigned to the email address and other information submitted in relation to your Account (as defined below), and that you have the legal authority to form a binding contract with Quiiiz. Any registration, use of or access to the Services by anyone under the age of 18 is unauthorized, unlicensed, and in violation of these Terms. We reserve the right to ask for proof of your age and limit access to Trivia Tournaments offered by the Services or suspend your Account if you fail to meet this requirement. If we have any reason to believe that you are under 18 years of age, we may terminate your Account, delete any content or information that you have submitted to the Services, and prohibit you from using or accessing the Services (or any portion, aspect or feature thereof).

 We reserve the right to refuse to open an Account or may opt to close an Account, if already such Account was established, at Our own discretion, provided, however, that subject to these Terms, contractual obligations accrued prior to closing or suspending your Account shall be fulfilled. 

By accessing or otherwise using the Services, you represent and warrant that you are physically located in a jurisdiction in which participation in the competition you select is unrestricted by that jurisdiction’s laws; and agree to at all times abide by these Terms and all applicable laws. By making a deposit or entering the Trivia Tournaments, you further represent that you are not subject to backup withholding tax because: (i) you are exempt from backup withholding; (ii) you have not been notified by the Internal Revenue Service (IRS) that you are subject to backup withholding as a result of a failure to report all interest or dividends; or (iii) the IRS has notified you that you are no longer subject to backup withholding.

DEVICE INFORMATION 

Using the Services requires an internet connection to our servers, and we may need to collect certain information from you and your internet-enabled device (“Device”) in order to make the Services available to you, such as hardware system profile data, internet connection data and any other data related to the operation of the Services from any device that logs onto the Services using your account. We do not warrant that our Services will work on all Devices. You are solely responsible for obtaining and maintaining compatible Devices necessary to access and use our Services, as updated from time to time.

USER ACCOUNT 

To take part in the Trivia Tournaments , as shall be set forth from time to time on the Services, you are required to create an account (the “Account”) using one of the options available on the Services, such as your social connect. When you register for an account, you will be asked to provide certain information, including, without limitation: (i) registering a unique username and password; (ii) contact information, such as your name and email address; (iii) any other information we request on the account registration form. You may establish, maintain, use and control only one account on the Services. Each account on the Services may be owned, maintained, used and controlled by only one individual. When creating an Account, you accept that you may not use one-time email addresses . Only permanent, regular email addresses can be used to open an Account. Therefore, note that Our system will automatically refuse non-permanent email addresses.

You agree and undertake not to allow access to your Account or allow any third-party to make use of the Account, including, but not limited to, for use contrary to the Terms, and including the use by minors. 

You undertake that your Account credentials, such as your username and password will be kept at all times: (i) secret; and (ii) in a safe place where you do not expect such Account to be accessed by any third party. You are responsible for keeping your account information secure. Please do not share your account information with anyone. Regardless of any tools We may provide, you assume exclusive responsibility for your Account. We make no representation as to Our ability to prevent fraud or illegal transactions relating to your Account. You are responsible for all actions on and related to your Account, even if such actions are carried out by a third party and You accept that We shall not be required to affect any refunds should such unauthorized use occur. Should We discover that you are the holder of multiple Accounts, We reserve the right to close all such Accounts or leave one Account active, at Our discretion. Should We decide to leave one account open, We will, without the need to obtain your consent and without the need to inform you, transfer the remaining balance therein to the active Account, and We have no responsibility, nor liability in relation thereto, including for any loss or damages caused as a result thereof.

By registering an account, you agree to: (i) notify us immediately if you have lost control of your password or you suspect there is unauthorized activity in your account; (ii) promptly update the registration data to keep it accurate, and complete; (iii) provide additional information as part of ongoing efforts to prevent illegal and fraudulent activities; and (iv) comply with any other policies or protocols we elect to put in place. You agree that all information and data that you provide to us, either at the time you register for an account or at any subsequent time, will be truthful, accurate and verifiable in all respects and, by providing such information and data, you consent to us submitting it to third-party providers of age verification and identification services to verify your account. 

In the event that you make use of any means that are fraudulent means , or if your Account has been involved in any illegal or improper activity intended to bypass security controls or circumvent any restrictions, We reserve the right to close your Account, without notice or liability, and file claims against You for damages resulting therefrom. We reserve the right at any time to investigate your account and the information provided pursuant to registration thereof, such as name, address, age, and payment methods used, at any time, by requesting copies of certain documents, including an identity card issued by a government agency, proof of address such as a utility bill, or proof of your payment method. We may request that document copies be notarized by a Notary Public. In the event that a request for copies of documents is not completed by you, Quiiiz may, at its sole discretion, terminate your account and withhold any funds that are present therein. This may also include performing background checks and credit checks, in order to ensure compliance with these Terms and our obligations, and to ensure that no improper or illegal activity is or has taken place. By registering an account, participating in any Trivia Tournaments and accessing or otherwise using the Services, you affirm consent to such.

LICENSE TO USE THE SERVICES

Subject to these Terms, we grant to you a personal, non-exclusive, limited, non-transferable, non-assignable, non-sublicensable, limited license to install and access the Services on a Device owned or controlled by you, solely for the purpose of accessing and using the Services in accordance with these Terms. You may not network the software among devices. You may not directly or indirectly, or authorize any person or entity to: (i) reverse engineer, decompile, disassemble, re-engineer or otherwise create or attempt to create or permit, allow, or assist others to create the source code of the Services, or its structural framework; (ii) create derivative works of the Services; (iii) use the Services in whole or in part for any purpose except as expressly provided herein, or as otherwise authorized by us; or (iv) disable or circumvent any access control or related device, process or procedure established with respect to the Services. You are responsible for all use of the Services that are under your possession or control.

COMPLIANCE WITH LAWS

You acknowledge that various rules, regulations and laws addressing games with entry fees and prizes may govern your participation in Trivia Tournaments (“Gaming Laws”) and that Gaming Laws are set up by each individual state, country, territory, or jurisdiction. Therefore, we do not offer Trivia Tournaments to users in any state in which such competitions violate its Gaming Laws (“Prohibited Jurisdiction”), and if you are located in any Prohibited Jurisdiction then you may not participate in the Services. In the United States, Prohibited Jurisdictions include: Arizona, Iowa, Louisiana, Michigan and South Carolina. We reserve the right to include additional Prohibited Jurisdictions as determined in our sole discretion, and these Prohibited Jurisdictions are subject to change. 

In addition, Quiiiz has the right to monitor the location from which you access the Services and has implemented technical measures to block your use of the Services to the extent you are located in a Prohibited Jurisdiction. You are solely responsible for your compliance with all applicable laws. Access to competitions may not be legal for some or all residents of, or persons present in, certain jurisdictions. Services and competitions are void where prohibited or restricted by applicable law. Your participation in competitions is at your own risk, and you agree not to hold us responsible or liable if the laws of your jurisdiction restrict or prohibit your access or participation in the Services. We make no representations or warranties, express or implied, as to the lawfulness of your participation in any competition or use of Services, nor shall any person affiliated, or claiming affiliation, with us have the authority to make any such representations or warranties. We reserve the right (but have no obligation) to monitor the location from which you access the Services, and we may block access to your account or creation of a new account from any Prohibited Jurisdiction.

You must comply with all applicable export and sanction laws and regulations (“Trade Controls”) and may not use, export, or transfer any portion of the Services or any related technical information or materials, directly or indirectly, except as authorized by such Trade Controls. Trade Controls are subject to change, and prohibit the use of the Services by any individual located in, under the control of, organized in, or a resident of any country or territory which is the target of sanctions by the U.S. government (currently, Cuba, Iran, Syria, North Korea, and the Crimea region of Ukraine), any countries designated as an “enemy,” that are not currently” exempted, under Israel’s Trading with the Enemy Ordinance of 1939 (currently, Syria, Lebanon, and Iran), or any country upon Quiiiz’s sole discretion due to local legislation requirements or any other reason upon its sole discretion, or anyone or any entity (or anyone or any entity 50% or more owned by such individual or entities) on any list of prohibited persons or entities maintained by the U.S., E.U. or Israeli governments, or by the jurisdictions in which the Services were obtained.

FEES AND WINNINGS

When entry fees to Trivia Tournaments are required we will let you know beforehand (the “Fees”). Your participation in such Trivia Tournaments requires your acceptance and pre-payment of such Fees. Fees, when paid, are non-refundable. Subject to the foregoing in this section, We may change the Fees at any time, without giving you notice but no change will affect your past purchases.

By providing the payment method to Us, you (i) represent that you are the lawful owner of the payment method, or that you are duly authorized to use the payment method; (ii) represent that all payment information you have provided in connection thereto is complete, accurate and true; and (iii) authorize us to charge you the Fees for your participation in the offering selected by you through Our Services, including Trivia Tournaments , using your payment method. 

Value- added tax, sales tax, goods and services taxes, and any such other similar taxes (jointly the “Taxes”), to the extent required under any law applicable to Us or to you, will be charged. Such Taxes will be calculated and added on top of any Fees paid, as well as to any Winnings (defined below), and you hereby authorize Us to charge you with such Taxes and applicable charges, using a valid credit card or other payment method you use and which we have accepted. 

Should you discover any billing discrepancies, or you believe to have paid any Fees in error, or such other related dispute to the payment of Fees or Winnings or refunds (as described below), you will have thirty (30) days following such event to report to Us such discrepancy or dispute. Should you fail to report such discrepancy or dispute within the said thirty (30) day period, you are deemed to have waived your rights relating to the discrepancy or dispute. If you reported any of the above in this section within the said thirty (30) days, We will take steps to investigate the charge, and in the event that We discover any error relating to the Fees charged to you or any other billing discrepancy, We will attempt to correct it within ninety (90) days of your first said notice. 

Any chargebacks, claims, fees, fines, penalties, reversals, and other liabilities incurred by Us (including costs and related expenses) caused by or arising out of the payment of any kind which you are authorized or accepted, are your responsibility for which you agree to reimburse Us. We reserve the right to suspend or terminate your Account or your participation in any Trivia Tournament in the event that for any reason a charge you authorized Us to make to your credit card or other method of payment cannot be processed or is returned to Us unpaid. You may rectify such failure by remitting the payment due to Us by using an alternative payment method. Note that you will be charged for reasonable costs incurred by Us, to the extent incurred, should We be required to collect past due amounts, including without limitation reasonable attorneys’ fees and other legal fees and costs.

You are considered a “Cash Player” for any Trivia Tournament offered by the Services and which you decided to take part. As a Cash Player, you accept that we have the right to change at our discretion, without giving you prior notice: (i) any method for calculating the balance of or evaluating your funds and Winnings; and (ii) any withdrawal related rules, including the minimum withdrawal amount, withdrawal methods and withdrawal fees. When submitting a withdrawal request you may be required to provide the following: full name, permanent residential address, copy of your governmental- issued ID, phone number, and your credit card, or other payment information which you used. Your failure to submit said information, or part thereof, may result in Our inability to process your withdrawal for any Winnings. 

Your taking part in Trivia Tournaments may require that you establish a positive account balance prior to entry. As a Cash Player, by submitting this information, you consent that we may share your personal and payment information in confidence with third-party service providers for the purposes of validating your identity and assessing the transaction risk associated with accepting your selected method of payment, and for any other purposes detailed in our Privacy Policy. When using a credit card to issue payment of Fees, We may submit an authorization request to the issuing bank to your credit limit. Note that you alone are responsible and liable to satisfy and pay any fees/charges/commission/payments related to any payment method selected by You, including those related to the bank account, credit cards, etc.

As a Cash Player we may, from time to time and at our sole discretion, grant you free bonus funds or credits (the “Bonus Funds”), which may be used by you to enter Trivia Tournaments. However, the Bonus Funds cannot be withdrawn, or used for any other purpose. In the event that you win a play-to-earn skill game, which entitles you to the winning amount determined in the Game Rules (the “Winnings”), Bonus Funds used to pay the entry fee will be returned to you. If, however, you request to withdraw funds from your Account, all Bonus Funds will be deemed to have been deducted. Moreover, all Bonus Funds granted to you will be forfeited should you not use such Bonus Funds within ninety (90) day period from the date of grant of the said Bonus Funds. 

Withdrawal of funds in your account can be submitted by you anytime. Processing of your request may take up to ten (10) days. However, we reserve the right to deny such withdrawal from your Account or postpone the withdrawal pending completion of any investigation if reported or suspected abuse or fraud, verification of eligibility, or non-compliance with applicable laws.

If your Account becomes inactive (i.e., you have not entered at least one (1) offering for twelve (12) consecutive months or more, we reserve the right to charge a maintenance fee of $2.00 or €2.00 or £2.00 per month – according to the applicable jurisdiction (or any amount in the applicable currency up to the equivalent thereof, the “Monthly Maintenance Fee”). The Monthly Maintenance Fee will be deducted from your Account for each consecutive month that it remains inactive. The Monthly Maintenance Fee will not be deducted from your Account if there are no funds in your account.

Prior to receiving Winnings, We may ask you to provide proof that you participated in the Trivia Tournament offered by the Services or hosted the applicable Creator Tournament (as defined below) and for which you claim to have been eligible for the Winnings, that such participation was in compliance with these Terms, that you were. I n the competition, eligible to participate in accordance with these Terms, and your participation was in accordance with these Terms and applicable law. Failing to provide Us with such reasonable evidence may result in you forfeiting the Winnings. 

In the event that you received Winnings in error, We have the right to demand the return of such Winnings, and you agree to reasonably cooperate with Us in the return thereof. Moreover, you grant Us the right to deduct Winnings transferred to you in error for any balance in your Account, without notice. 

Trivia Tournaments results and calculations of Winnings and designation of those entitled to the Winnings are final and conclusive. We reserve the right to cancel any Trivia Tournament which we have offered or any Creator Tournament, upon which you have paid the entry Fee We will refund such Fees, subject to the Terms hereof.

You agree to notify Us without delay of any change to your billing method. You acknowledge and accept that We have no liability whatsoever for losses of any kind, caused to you directly or indirectly by unauthorized use of your credit card or other method of payment by a third party in connection with your participation in any of the offerings made by Our Services. We reserve the right to immediately and without notice, terminate your Account, forfeit your Winnings and pursue civil litigation and criminal charges should you attempt to defraud through the use of credit cards or other methods of payment, regardless of the outcome, or your failure to honor legitimate charges or requests for payment.

All local, governmental or state taxes, of any kind, relating to your Winnings shall be exclusively borne by You, and you agree to indemnify Us from any and all claims or damages stemming from or arising out of your failure to make payment of applicable taxes. Without derogating from the generality of the foregoing, We reserve the right to withhold from any payments due to You, and such payments which shall be due to you at any time thereafter or your balance in your Account all amounts required to be withheld by applicable laws, including amounts due in connection with your failure to complete relevant tax documentation, but you remain solely responsible for paying all federal, state and other taxes in accordance with all applicable laws.

If you become eligible to Winnings, you agree that We may use your name, voice and location in publishing the Winnings you have become entitled to, including in the promotion or marketing or public relations of Quiiiz, the Services, Creator Tournaments, or Our offerings, unless required by law otherwise. 

You warrant and agree that the Winnings, to the extent you shall have become eligible to in light of your participation in any of Trivia Tournament or hosting of Creator Tournaments, is the full, final and complete consideration in connection thereto, and You, or any third party on your behalf, shall be prohibited from claiming or attempting to claim any other consideration due in connection thereof, whether under these Terms, the Game Rules or applicable law, rule or regulation, anywhere in the world. 

SUBSCRIPTION MODEL

By subscribing to Our Services, you have the option to agree to the following terms:

• Subscription Fee: You will be charged a weekly subscription fee, granting you access to premium features and a certain number of entries to Trivia Tournaments available on our Services during your active subscription period.
• Billing and Renewal: Subscriptions are billed on a weekly basis. You will be charged a weekly subscription fee at the start of each billing cycle, and your subscription will automatically renew at the end of each week unless you choose to cancel before the next cycle begins.
• Cancellation and Termination: 
  • You have the option to cancel your subscription at any time through your account settings. Upon cancellation, your subscription will remain active until the end of the current billing period, and no further charges will be applied after that.
  • If your subscription remains inactive for a period of time as defined by us, we reserve the right to terminate your subscription. You will receive a notice of such termination within a reasonable time frame prior to the termination date.
• Changes to Subscription Fees or Terms: We reserve the right to modify subscription fees or terms at our discretion. Should any changes occur, and the updated fees or terms will only apply to future billing cycles.

By subscribing, you acknowledge that you have read and agree to these terms, and you authorize the recurring charges to your payment method on file.

SKILL MATCHING

Quiiiz uses skill matching to pair opponents with other players with similar skills in Trivia Tournaments. Matching up a beginner or intermediate player with an expert player is not fun for either player, therefore we try to find your opponents who are near your level of play. Skill levels are determined separately for each game and updated after each game. Our matchups for you are based on several factors, including the following: number of paid Trivia Tournaments played, scores and results in previous Trivia Tournaments, length of time playing the Trivia Tournaments title and performance in Trivia Tournaments with different entry fees. Questions within a game may differ among players but will consistently maintain the same level of difficulty, ensuring that all participants compete on an equal skill level.As your skill level increases, the difficulty of your matchups may increase as well. Your opponents may not all have the exact same skill level as you. You may often be matched with players of slightly greater or lesser skill. Please note that you may be matched with opponents from different jurisdictions, and presented with different questions but will always be of the same difficulty level. This will not impact the skill matching and the prizes offered to you. 

• In certain modes, such as subscription model, practice mode, and other free-play options within our Services, you may be matched with non-human opponents to enhance your gameplay experience. This matching option does not affect skill-based matchmaking or the prizes available to you. Please note that matching with non-human opponents is available solely in free modes and does not apply to players who make a deposit to participate in our Trivia Tournaments. 

From time to time, we may provide players (referred to as “Creators”) the opportunity to create or host Trivia Tournaments on the Services (referred to as “Creator Tournaments”). Creator acknowledges that it shall be solely responsible for the hosting of the Creator Tournament, and shall, to the fullest extent possible, fully indemnify and hold harmless Quiiiz from any and all claims or damages relating thereto. 

Creators may receive a commission in exchange for creating or hosting a Creator Tournament. The receipt of commission shall constitute, and be governed in accordance with, “Winnings” as defined in these Terms. All commissions shall be added to the Creator’s balance following the full completion of the Creator Tournament. The maximum amount of commission a Creator may receive is $500/month; provided, this amount is subject to change by Us at Our sole discretion.

For more information on becoming a Creator or hosting Creator Tournaments, please visit Creators Form.

In participating in Trivia Tournaments or otherwise accessing the Services, you acknowledge and agree that any questions comments, suggestions, ideas, feedback, or other information regarding the Services (“Submissions”) provided by you to Us are non-confidential and shall become our sole property. We shall own exclusive rights in and to the Submissions, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

THIRD PARTY CONTENT AND SERVICES

Although the Services may link to other Services, We are not, directly, or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked Services, unless specifically stated herein. We are not responsible for examining or evaluating, and We do not warrant the offerings of, any businesses or individuals or the content of such Services. We do not assume any responsibility or liability for the actions, products, services, and content of any other third party. You should carefully review the legal statements and other conditions of use of any Services which you access through a link from the Services. Your linking to any other Services is at your own risk.

In using the Services and the offerings therein, you may view content or services provided by third parties, including links to web pages and services of such parties (“Third Party Content”). We do not control, endorse, or monitor any Third-Party Content and have no responsibility for such Third-Party Content or the providers of third party services, whether or not they are integrated with the Services and the offerings therein. Your dealings with third parties are solely between you and the third parties. These links are provided as a convenience to you and do not signify that Quiiiz endorses or is liable in any way for the content, products, services or materials displayed or offered by such Third-Party Content. Where indicated by Us as available in your Account, the Services and the offerings therein may also be able to integrate with certain third-party services. Whenever you accept such integration with respect to your Account, you consent for Us to retrieve information from such third parties and add it to your Account, as well as to disclose information from your Account and provide it to such third parties. We do not warrant the ability, capacity, or legality of any Third-Party Content or any third-party service in any way. We shall have no liability for any Third-Party Content, and We will not be liable to you or to any third party for any loss or damage of any kind resulting from or incurred as a result of dealings you have with a third party, whether via the Services and the offerings therein or otherwise. We take no responsibility for the content, safety, privacy, or security of any Third-Party Services. You shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content. You understand that you use Third-Party Content at your own risk, and under the terms and conditions between you and the provider of the Third-Party Content, which are different and separate from these Terms.

If you have downloaded the Apps from the Apple, Inc. (“Apple”) App Store or if you are using the Apps on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. These Terms are between you and Quiiiz only, not with Apple, and Apple is not responsible for the Services and the content thereof. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Services. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Services. Apple is not responsible for addressing any claims by you or any third party relating to the Services or your possession or use of the Services, including: (i) product liability claims; (ii) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the Services or your possession and use of the Apps infringe that third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Services. Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary of these Terms. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. Except as provided herein, there are no other third-party beneficiaries to these Terms.

PROHIBITED ACTIVITIES

The Services and the offerings therein are not available to everyone. We have mechanisms in place that allow us to block your access to the Services and the offerings therein, and you understand and agree that We may do so at our sole discretion. You agree to comply with these Terms, even if Our methods to prevent your use of the Services and the offerings therein are not effective or can be bypassed. You may use the Services only for lawful purposes. You are solely responsible for all of your activity in connection with the Services. You agree not to bypass or attempt to bypass any restrictions we place on your use of the Services and the offerings therein.

You are strictly prohibited from sharing, disclosing, or otherwise communicating the questions or content displayed during gameplay to other users who are actively competing in the same game session or event. Any such conduct will be considered a breach of these Terms and may result in immediate account termination or other penalties. You further acknowledge and agree that you may not use the Services and the offerings therein (and shall not permit any third party to): (i) to facilitate any activity that is illegal in any jurisdiction where you are a national, domiciled or located; (ii) in a manner that may expose Us or any third party to security, financial or reputational risk, as determined by Us from time to time; (iii) for purposes other than that for which they were intended; (iv) in breach or contravention of any of our risk policies, as we may update them from time to time; or (v) in support of any of the prohibited activities that are listed below (vi) infringes, misappropriates, uses or discloses without authorization, or otherwise violates any intellectual property rights or proprietary rights of any third party; (vii) violates any right of publicity, or other right of any person or entity, or any law or contractual obligation, including without limitation rights pursuant to data protection, anti-spam and privacy laws and regulations; ; (viii) contains any harmful or malicious software or computer codes, files or programs that are designed or intended to damage, disrupt, interfere with, or limit, the proper functionality of any software or hardware, or that enables unauthorized access to any system, data, password or other information of Quiiiz, its users, or any other individual or entity; (ix) uses or launches any automated system, including without limitation, “screen scrapers,” “bots,” “spiders,” “offline readers,” etc., that access the Services in a manner that sends more request messages to Quiiiz’s servers than a human can reasonably produce in the same period of time; or (x) impersonates any individual or entity, including, without limitation, employees or representatives of Quiiiz  (the “Prohibited Activities”).

You will be solely responsible for any damage, costs or expenses arising out of or in connection with any Prohibited Activities.

You represent and warrant to us that you will not engage in any activity that interrupts or attempts to interrupt the operation of the Services. Anyone who engages in, participates in, aids and abets, or displays behavior that may be interpreted, in our sole discretion, as unfair methods of participating in the Services, including but not limited to: (1) the opening of or access or use of multiple accounts; (2) the use of unauthorized or altered software or hardware to assist play; (3) deliberate transfer of money between accounts (e.g., money laundering); (4) harassment of other participants; (vii) posting objectionable material; breach of these Terms; breach of security of your account; or (5) any other act (whether through the use of automated technology or otherwise) that unfairly alters your chance of winning or constitutes the commission of fraud (collectively, “Abuse”), will be subject to immediate sanction (as determined by us in our sole discretion). Such sanction may include, without limitation: (i) immediate termination of your account and blocking of your access to the Services; (ii) any prizes that you may otherwise have been entitled to receive shall be void and forfeited; and (iii) any prizes received by you shall be subject to disgorgement and recoupment. In addition to the foregoing, we reserve the right to disclose or report any money laundering or other illegal activity or suspected money laundering or other illegal activity to law enforcement and regulatory authorities.

Any attempt to deliberately damage the Services or undermine the legitimate operation of any competition is a violation of criminal and civil laws and should such an attempt be made, Quiiiz reserves the right to seek damages and other remedies from you to the fullest extent permitted by law.

You further acknowledge that the forfeiture and return of any prize as a result of a violation of these Terms shall in no way prevent Quiiiz from pursuing criminal or civil proceedings in connection with any Abuse.

ANTI-FRAUD POLICY

We have a strict anti-fraud policy. We reserve the right to terminate your Account and suspend all payouts or Winnings to you to the extent in Our control and ability, and further reserve the right to inform the regulatory if you are suspected of fraudulent actions, such as: (i) participating in any type of coordination with other players; (ii) development of strategies aimed at unfaithful Winnings; or (iii) any type of cheating. The decision if you have participated in any such action or behavior is at Our sole discretion, and you shall be informed via phone or email based on the contact details provided by you.

We have zero tolerance for advantage participators. Should you attempt to gain the advantage of Our offers or other promotions, you acknowledge and agree that We have the right to void bonuses and any Winnings from such bonuses, including but not limited to the reasons of: (i) creating more than one Account in order to get advantage from Our promotions; (ii) providing incorrect registration information; (iii) conducting Creator Tournaments for impermissible or illegal purposes; or (iv) any other action which may damage Us or other of Our uses. 

We reserve the right to close your Account, at Our absolute discretion and without any obligation to state a reason or give prior notice. Criminal charges will be brought against any user or any other person(s) who has/have manipulated Our system or attempted to do so. We also reserve the right to terminate or change any Trivia Tournaments or events being offered on the Services.

Should you become aware of any possible errors or incompleteness on the Services, in any of the software or in any of the services provided by us, you agree to refrain from taking advantage of them and you agree to report to Us any error or incompleteness immediately. Should you fail to fulfill such obligations, We have the right to full compensation for all costs related to the error or incompleteness, including any costs incurred in association with the respective error/incompleteness and the failed notification. Moreover, you understand that We are not liable for potential losses incurred by you in the event of you breaching this clause.

CANCELLATION RIGHTS

Quiiiz reserves the right at any time to modify, suspend, discontinue, or terminate, temporarily or permanently, the Services, with or without notice. You agree that Quiiiz shall not be liable to you or any third party for any modification, suspension or discontinuance of the Services. 

We do not guarantee that the Services will be available at all times or at any given time or that we will continue to offer the Services for any particular length of time. We may change and update the Services without notice to you. We make no warranty or representation regarding the availability of the Services and reserve the right to modify or discontinue the Services in our sole discretion without notice, including for example, ceasing a competition or other Services for technical reasons (such as technical difficulties experienced by us or on the internet) or to allow us to improve user experience. NOTWITHSTANDING ANYTHING TO THE CONTRARY, YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES MAY BE TERMINATED IN WHOLE OR IN PART AT OUR SOLE DISCRETION WITHOUT NOTICE TO YOU. YOU ASSUME ANY AND ALL RISK OF LOSS ASSOCIATED WITH THE TERMINATION OF THE SERVICES.

These Terms apply from the date that you accept them as provided herein. You may terminate your Account at any time and for any reason by sending us a support request at: support@quiiiz.com or following the instructions provided on the Services. Upon termination of your account, you must immediately discontinue the use of the Services and your Account. Immediately upon termination of your Account, all licenses and rights granted to you under these Terms automatically terminate. Quiiiz may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Services without notice and liability upon any violation of these Terms. Upon termination for any reason, your right to use the Services will immediately cease and you continue to be bound by these Terms.

INTELLECTUAL PROPERTY 

Intellectual Property Rights and License

All title, ownership and intellectual property rights in and to the Apps, Website, images, text, graphics, illustrations, trademarks, brands, service marks, trade dress, copyrights, photographs, audio, videos and music, logos, designs, and any part thereof, including derivative works, of Quiiiz and other companies providing services to Quiiiz, are the property of Quiiiz or their respective owners. As a user of the Services, you agree not to use, copy, reproduce, publish or borrow any of the aforementioned content or trademarked work without explicit permission from Quiiiz or the owner thereof. Except as explicitly provided herein, nothing in these Terms shall be deemed to grant you or any other party a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Services. 

We and our licensors retain all rights, titles and interests including, without limitation, all copyright, trademark, patent, trade secrets and all other intellectual property rights anywhere in the world in and to the Services and any offerings or content of any nature therein, and all components and aspects of the Services and offerings and content therein. For the purposes of the foregoing sentence, the Services shall be deemed to include the “Materials”, which means all information provided to you in the course of your use of the Services and the offerings therein, content posted to the Services or within the offerings therein, trademarks, service marks, designs, logos, slogans, URLs and trade names displayed on the Services.

We grant you a personal, revocable, non-transferable, non-exclusive, limited, non-assignable and non-sublicensable right to access the Services and to use the offerings therein for lawful purposes pursuant to these Terms. You may not and shall not permit anyone else to copy, modify, create a derivative work of, reverse engineer, decompile or otherwise extract the source code of the Services and the offerings therein, or any part thereof. You may not resell or comingle the Services, the offerings therein with any third-party service, other than as expressly permitted in these Terms. You may not engage in the distribution, public performance or public display of the Services, the offerings therein or Materials, or at portion thereof, except in the course of ordinary application of the Services and offerings therein. You may not use the Services, or the offerings therein other than for their intended purpose. No title to or ownership of any proprietary rights related to the Services, the offerings therein are transferred to you pursuant to these Terms. Your right to use the Services, and the offerings therein ceases on any termination of these Terms.

You may choose to, or we may invite you to submit comments or feedback about the Services, including without limitation about how to improve the Services (“Feedback”). You understand that your Feedback is gratuitous, unsolicited, and will not place Quiiiz under any fiduciary or other obligation. By submitting any Feedback, you represent and warrant that: (i) you have the right to disclose the Feedback; (ii) the Feedback does not violate the rights of any other person or entity; and (iii) your Feedback does not contain the confidential or proprietary information of any third party. By sending us any Feedback, you further: (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback; (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development; (iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback; and (iv) irrevocably waive, and cause to be waived, against Quiiiz any claims and assertions of any moral rights contained in such Feedback. This Feedback section will survive any termination of your account or the Services. 

Except as expressly set forth herein, no right or license is granted hereunder, express or implied, to any intellectual property rights and your use of the Services does not convey or imply the rights to use the Services in combination with any other information or products.

Your Content

As a user of the Services and the offerings therein, you may be allowed to create, post, store or share content which may include messages, texts, photos, videos, software, usernames, profiles, and other materials (collectively, “Your Content”). You are solely responsible for any of Your Content that you provide or make available through the Services and the offerings therein. Except for the license granted below, you retain all rights in and to Your Content, between you and Us. We will have no liability of any kind as a result of the deletion of, correction of, destruction of, damage to, loss of, or failure to store or encrypt any of Your Content. If We terminate or suspend your Account or your access to the Services and the offerings therein, you may no longer have access to Your Content, and we will not be liable to you if that happens.

You hereby grant Us and Our licensors, contractors and affiliates the right to use, modify, adapt, reproduce, distribute, transmit, translate, display, and disclose Your Content as reasonably necessary to provide and improve the Services and the offerings therein, and as otherwise permitted by these Terms. You represent and warrant that you have the right to provide any Your Content that you provide to us, and that Your Content does not infringe or misappropriate the intellectual property rights of any third party. You represent and warrant that you have the right to grant us this license and that Our storage, use, display, reproduction, distribution, modification, adaption or transmission of Your Content does not and will not violate these Terms, any intellectual property right, or any law or regulation, and does not and will not cause injury to any person or entity. You will be solely responsible for the nature, quality, and accuracy of Your Content, and you will ensure Your Content complies with these Terms and any Applicable Laws. You will maintain appropriate security, protection, and backup copies of Your Content. While we have no obligation to screen, edit or monitor Your Content, we reserve the right to delete or remove any of Your Content at any time, for any reason, without notice or liability. 

AGREEMENT TO ARBITRATE, DISPUTE RESOLUTION AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY, IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. YOU AGREE THAT ANY CLAIM OR DISPUTE AT LAW OR EQUITY THAT HAS ARISEN OR MAY ARISE BETWEEN YOU AND QUIIIZ RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OR YOUR USE OF OR ACCESS TO THE SERVICES WILL BE RESOLVED IN ACCORDANCE WITH THE PROVISIONS SET FORTH IN THIS SECTION. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND QUIIIZ MAY HAVE AGAINST EACH OTHER ARE RESOLVED.

Legal notices shall be served at the address provided in the contact section (in case Quiiiz is served) or your email address on file with us (in case you are served). Notice by us to you shall be deemed given twenty-four (24) hours after the email is sent. Alternatively, we may give you legal notice by mail to the physical address associated with your account. In such case, notice shall be deemed given three (3) days after the date of mailing, regardless of whether any such notice is returned to us. It is your responsibility to keep your contact information updated.

You and Quiiiz will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. That notice should contain proof of your relationship with Quiiiz, the nature and legal basis for your or Quiiiz’s dispute, and an individual monetary demand if you or we are seeking such relief. During this period, the parties shall use their best efforts to settle any dispute, claim or disagreement. Any applicable limitations period will be tolled during this 60-day informal dispute resolution period. Filing any claims before the end of this period and without engaging in this process could result in the award of fees in arbitration. If the dispute is not resolved within such time period, you agree that any and all disputes or claims that have arisen or may arise between you and Quiiiz relating in any way to or arising out of these Terms or your use of or access to the Services shall be resolved exclusively through final and binding arbitration. If you reside in the U.S., the Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate. Otherwise, the Israeli Arbitration Law, 5728-1968 shall govern the interpretation and enforcement of this agreement to arbitrate.

In all events, each party hereby knowingly, voluntarily and intentionally, waives (to the extent permitted by applicable law) any right it may have to a trial by jury of any dispute arising under or relating to these Terms or your use of or access to the Services. The parties further agree that, if and to the extent this agreement to arbitrate is held not apply to any claim, that claim will be tried in a court of competent jurisdiction before a judge sitting without a jury.

You agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class, representative, or private attorney general action whether in arbitration or litigation. Unless Quiiiz agrees otherwise in separate writing, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, class, or private attorney general action or proceeding. Where Quiiiz does consent, consolidation may be allowed. In individual cases, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim. In consolidated cases, the relief may cover the consolidated claims. Any relief awarded cannot affect Quiiiz users not involved in the individual or consolidated claims. If a court decides that applicable law precludes enforcement of any of this paragraph’s prohibitions on class, representative, or private attorney general actions or proceedings as to any claim, then that claim (and only that claim) must be severed from the arbitration and resolved in court, subject to your and Quiiiz’s right to appeal the court’s decision. All other claims will be arbitrated.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this agreement to arbitrate, any part of it, or of the Terms including, but not limited to, any claim that all or any part of this agreement to arbitrate or the Terms is void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment of administrative or arbitrator fees (including the timing of such payments and remedies for nonpayment). The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The parties agree that the arbitrator may allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute. The arbitrator shall also be empowered to consolidate claims raised between the same parties to a single arbitration proceeding so long as Quiiiz agrees to such. The arbitrator has the right to impose sanctions in accordance with National Arbitration and Mediation (“NAM”) rules for any claims the arbitrator determines to be frivolous or improper and to apply the standards set forth in Federal Rule of Civil Procedure 11.

The arbitration will be conducted by the Israeli Institute of Commercial Arbitration, or NAM if you reside in the U.S., under their rules and procedures as applicable, including the commercial arbitration rules, as modified by this agreement. The parties agree that NAM has the discretion to modify the amount or timing of any administrative or arbitration fees due under NAM’s rules where it deems appropriate, including by setting reduced fees for consolidated cases, provided that such modification does not increase the costs to you, and you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by NAM does not constitute a default, waiver, or breach of this Section while such challenge remains pending before NAM, the arbitrator, or a court of competent jurisdiction.

The arbitration shall be held in Tel Aviv, Israel (or New York City for U.S. residents) or at another mutually agreed upon location. For the avoidance of doubt, the availability of a more convenient forum for arbitration proceedings shall have no effect on the governing law and venue specified in Section 19 regarding litigation. If the value of the relief sought is $10,000 or less, either you or Quiiiz may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Quiiiz, subject to the arbitrator’s discretion to require an in-person hearing. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

To the extent the filing fee charged to any individual claimant for the arbitration exceeds the cost of filing an individual lawsuit, the arbitrator may require Quiiiz to pay the additional cost. You are responsible for your own attorneys’ fees unless the arbitration rules or applicable law provide otherwise. If the arbitrator finds the arbitration to be non-frivolous, Quiiiz will pay the remaining filing and arbitrator fees for the arbitration, provided your claim or the consolidated claims do not exceed $75,000. For claims above $75,000 or consolidated claims, fees and costs will be determined in accordance with applicable NAM Rules and the arbitrator’s decision.

The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. To the extent permitted by applicable law, any claim or dispute under these Terms and related to your access or use of the Services must be filed within one (1) year from the date of the cause of action. If a claim or dispute is not filed within one year, you acknowledge that you shall have waived and will be deemed permanently barred from bringing such dispute.

Except as provided above, the parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If there is a final judicial determination that applicable law precludes enforcement of this Section’s limitations as to a particular remedy, then that remedy (and only that remedy) must be severed from the arbitration and may be sought in court. The parties agree, however, that any adjudication of remedies not subject to arbitration shall be stayed pending the outcome of any arbitrable claims and remedies. With the exception of any of the provisions in the class action waiver, if an arbitrator or court decides that any part of this agreement to arbitrate is invalid or unenforceable, the other parts of this agreement to arbitrate shall still apply.

Exception – Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also elect to have disputes or claims resolved in a small claims court that are within the scope of that court’s jurisdiction. Either party may also seek a declaratory judgment or other equitable relief in a court of competent jurisdiction regarding whether a party’s claims are time-barred or may be brought in small claims court in your state and county of residence. Seeking such relief shall not waive a party’s right to arbitration under this agreement.

30-Day Right to Opt-Out: You have the right to opt-out and not be bound by the arbitration clause by sending written notice of your decision to opt-out to the following address: support@quiiiz.com. The notice must be sent within 30 days of your first use of the Services, or the issuance of a materially changed clause, whichever is later, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of a new clause, the prior clause will continue to govern any disputes between you and Quiiiz. If you opt-out of arbitration, Quiiiz also will not be bound to arbitrate. You agree that, if at some point in the future Quiiiz removes this Section 18 entirely, restoring the right to proceed in court, no opt out from that change would be required.

Changes to this Section: Quiiiz will provide 30 days’ notice of any material changes affecting the substance of this Section 18. Changes will become effective on the 30th day. If you continue to use the Services after the 30th day, you agree that any unfiled claims are subject to the revised clause.

DISCLAIMER OF WARRANTY

You acknowledge and agree that you assume full responsibility for your use of the Services and any other user content you upload to or make available through the Services. You acknowledge and agree that your use of the Services is at your own risk. You acknowledge and agree that any information you send or receive during your use of the Services may not be secure and may be intercepted or later acquired by unauthorized parties. The Services are provided on an “as is” and “as available” basis, without any warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. Quiiiz strives to keep its Services up and running. However, all online services suffer occasional disruptions and outages. All information provided on the platform is subject to change without notice.

In addition, Quiiiz is not responsible in any way for the Trivia Tournaments you play or for your Device, including for any communication or other errors in such Trivia Tournaments or Devices, and such errors might be counted as losses in competitions you participate in.. Quiiiz does not provide any warranty regarding the Services, Website or any service or content made available through the Services and expressly disclaims: availability, the accuracy of the information displayed about game statistics, technical errors in the Trivia Tournaments, usability, quality, appropriateness, reliability, latency or loss of internet connectivity, timeliness, serviceability, warranty of title, non-infringement, merchantability, legality, or fitness for a particular purpose. Quiiiz does not warrant or guarantee protection from viruses or other computer system malware. Quiiiz does not claim or guarantee that the Services shall be uninterrupted, or that Services shall be error-free. Quiiiz does not guarantee that any competitions you participate in will be fair or that other players will not cheat in such games. We do not and cannot guarantee that the use of our Services will generate any profits. We do not take responsibility for any losses to your account. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to the extent such jurisdiction’s law is applicable to this agreement. In such jurisdictions, the liability of Quiiiz shall be limited to the fullest extent permitted by law. Additional disclaimers may appear within the Services and are incorporated herein by reference. To the extent any such disclaimers place greater restrictions on your use of the Services or the content contained therein, such greater restrictions shall apply. This limitation of liability shall apply to third party claims as well as claims between the parties. If applicable law does not allow all or any part of the above limitation of liability to apply to you, the limitations will apply to you only to the extent permitted by applicable law.

By entering the Services or by participating in any of the Trivia Tournaments offered by the Services you are aware that such participation may lead to loss of money. We are not liable for any possible financial damages arising from the use of the Services or your taking part in any of the play-to-earn skill games offered by the Services. We take effective reasonable measures to protect your private data from unauthorized use and only make it available to parties involved in providing services related to the Services and the Trivia Tournaments. Notwithstanding the foregoing, We are not responsible for how the information is further treated by third parties, for example third party banks and credit card service providers.

We are not liable for any hardware or software, defects, unstable or lost Internet connections, or any other technical errors that may limit your access to the Services or prevent your uninterrupted participation in the Trivia Tournament offered by the Services. 

We are not liable for any issues related to the correction of the answers in community-based questions, which have been created or delivered by the community manager, that may affect the final outcome of the Trivia Tournament offered by the Services.

We are not liable for any failure to conduct a Creator Tournament, to the extent such failure is the result of the Creator’s negligence, willful misconduct, or violation of these Terms in the hosting of such Creator Tournament(s).

You cannot transfer, sell, or pledge your Account to another person. This restriction includes the transfer of any assets of value of any kind, including but not limited to ownership of Accounts, winnings, deposits, rights or claims in connection with these assets, legal, commercial, or otherwise. The restriction on said transfers also includes but is not limited to the encumbrance, pledging, assigning, trading, brokering, hypothecation or gifting in cooperation with a fiduciary or any other third party, company, natural or legal individual, foundation or association in any way shape or form.

We do Our best to ensure compliance with laws, regulations, and guidelines for the prevention of money laundering and the funding of terrorism. We may, but are not obligated, to investigate suspicious transactions, and at Our discretion, suspicious transactions may be reported to competent authorities. You are advised that We are prohibited from disclosing any users of the Services or the Trivia Tournaments, or any third parties involved, save in limited circumstances, that an investigation is being or may be undertaken, or that information has been or may have been disclosed by Us to the competent authorities. Without derogating from the above, in the event of suspicious transactions, We may suspend, block, or close your Account(s) and withhold funds in the Account as shall be required by law or by the competent authorities. We attempt, to the extent under Our control and knowledge, to check to prevent money laundering and all other illegal activity on Our Services. By agreeing to the Terms in the manner set forth above, you authorize Us to undertake such verification checks as We may initiate or may be required by third parties (including regulatory bodies) to confirm your age, identity, and contact details and to prevent money laundering.

LIMITATION OF LIABILITY

By using the Services, you understand and agree that Quiiiz’s liability in connection with your use of the Services is as set forth below. Under no circumstances shall Quiiiz, its parents, subsidiaries, or affiliates, or the directors, officers, employees, agents, successors or assigns or other representatives of each of them (collectively, the “Quiiiz Entities and Individuals”), be liable to you or any other person for any loss or damages of any kind (including, without limitation, for any special, direct, indirect, incidental, exemplary, economic, punitive, or consequential damages) that are directly or indirectly related to: (i) the Website, the Services, or your uploaded information; (ii) the use of, inability to use, or performance of the Services; (iii) any action taken in connection with an investigation by Quiiiz or law enforcement authorities regarding your use of the Services; (iv) any action taken in connection with copyright owners; or (v) any errors, omissions or defects in the Services’ technical operation, even if foreseeable or even if the Quiiiz Entities and Individuals have been advised of the possibility of such damages, whether in an action of contract, negligence, or strict liability tort. In no event will the Quiiiz Entities and Individuals be liable to you or anyone else for loss or injury, including, without limitation, death or personal injury, arising from your use of the Services. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law.

In no event shall the Quiiiz Entities and Individuals’ total liability to you or any third parties for all damages, losses, or causes of action exceed in the aggregate one hundred U.S. Dollars ($100). The Quiiiz Entities and Individuals are not responsible for any damage to your and any third parties’ computer, hardware, computer software, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bug, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction. If you are dissatisfied with any of the Services, your sole and exclusive remedy is to discontinue accessing and using the Services. You recognize and confirm that in the event you incur any damages, losses or injuries that arise out of Quiiiz’s acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any Services or other properties owned or controlled by Quiiiz Entities and Individuals, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of the Services, your uploaded information on the Services, or any and all activities or actions related thereto. 

By accessing the Services, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected. Accordingly, you agree to waive the benefit of any law that otherwise might limit your waiver of such claims, including, to the extent applicable, California Civil Code section 1542, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

INDEMNIFICATION

You will defend, indemnify and hold harmless Quiiiz, its parents, affiliates, licensors, suppliers, contractors and its and their respective shareholders, directors and officers, assigns, and successors-in-interest from and against any and all liabilities, damages, losses, claims, demands, actions, causes of action and costs (including, without limitation, attorneys’ fees and expenses) arising out in any way from your use of or access to the Services, including but not limited to : (i) your failure to comply with these Terms; (ii) your use of the in- Services’ offerings, or any part of them; (iii) your alleged or actual negligent or willful acts or omissions, or those of your agents or employees; (iv) any taxes or other liabilities related to any product or service that you may provide or sell; (v) your operation of a business; (vi) any activity in or through your Account; (vii) any claim by any third party that relates to you; (viii) any costs that We incurs in responding to a subpoena or other court order related to you or a third party with whom you have any relationship; (ix) any termination or suspension of your access to the offerings made in the Services; (x) any third party’s use of your Account; and (xi) any Prohibited Activities that are attributable to you, your agents, or employees.

ENTIRE AGREEMENT AND SEVERABILITY

These Terms, and the policies and agreements that are incorporated herein by reference, set out the entire agreement between you and Quiiiz regarding the Services and the play-to-earn skills therein, and any other content contained in the Services, and supersede all earlier agreements and understandings between you and Quiiiz. If any part of these Terms is held by a court of law to be invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect the original intentions of the parties, and the remaining portions shall remain in full force and effect.

All rights and restrictions contained in these Terms may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render these Terms illegal, invalid or unenforceable. If any provision or portion of any provision of these Terms shall be held to be illegal, invalid, or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

CHANGES OF TERMS AND CONDITIONS

These Terms may be amended, updated or changed by Us at any time. We will notify the Services users of significant changes, where possible and in Our sole discretion. However, you are encouraged to review the Terms regularly to check for possible changes.

Changes to the Terms shall come into effect immediately upon posting such Terms on the Services, or such later date as may be specified in the notice of updated Terms.

Your continued use of the Services, as well as, without limitation, participating in the Trivia Tournaments offered by the Services, subsequent to the posting updated terms, as set forth above, shall be deemed your acceptance of these changes. If you object to any such changes, your sole recourse is to cease accessing the Services.

ASSIGNMENT OF RIGHTS

You may not transfer, assign, sub-license, or pledge your account, or any of your rights or obligations under these Terms, in any way. We reserve the right to transfer, assign, sub-license, or pledge any of our rights and obligations under these Terms to any subsidiary, affiliate, successor, or third party, without notice to you or your consent.

NOTIFICATIONS

We may send notifications to you for legal, marketing, or other business-related purposes, through email, written communication, or by posting notices on our Services, as we deem appropriate. We reserve the right to decide the method and format of these notifications, though you may opt out of certain notification methods as outlined in these Terms or our Privacy Policy.

SURVIVAL

Any provisions in these Terms that, by their nature, are intended to remain in effect after the termination of your account shall continue to apply even after such termination.

NO WAIVER AND FORCE MAJEURE

Any failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision, unless expressly agreed to in writing. We shall not be held liable for any failure to meet our obligations due to circumstances beyond our reasonable control.

GOVERNING LAW 

For any dispute, including any petition to compel arbitration, if you reside in or use our Services in the U.S., these Terms will be governed by and interpreted under the laws of the State of New York, without considering its conflict of laws principles. For disputes not subject to arbitration, you agree to the exclusive jurisdiction and venue of the state and federal courts located in New York County, New York, U.S. You waive any objections related to personal jurisdiction or venue, including those based on inconvenience or any right to transfer or change venue to another court.

For all other disputes, these Terms will be governed by the laws of the State of Israel, excluding its conflict of laws principles. You consent to the exclusive personal jurisdiction and venue of the courts located in Tel Aviv, Israel.

LANGUAGE

These Terms and all communications, information or notifications provided by Us shall be in English. Should We provide translations into another language, such translations shall be for your convenience only. In the case of any inconsistency between the translation and the English version of these Terms, the English version shall prevail.

CONTACT US

For any questions, comments, or assistance, please reach out to Us at: support@quiiiz.com. Our member of the customer service team will consider your complaint inquiry without prejudice based on the information you have provided and any information We may have. We may request that you provide additional information in order to allow the appropriate handling of your inquiry. 

 

Effective as of December 30, 2024