Terms and Conditions of Service and Use
LAST UPDATED: June 29th, 2011
1. Your Acceptance
A.
These terms of service (“Terms of Service”) are a binding legal
agreement between you and the ownders of the website www.Pedsquiz.blogspot.com
and it's sub domains (hereafter referred to as Pedsquiz), regarding
your use of the website. Please read these Terms of Service
carefully. By accessing or using the website, you signify your
agreement to (1) these Terms of Service, and (2) the Community
Guidelines incorporated here by reference. If you do not agree to any
of these terms or the Community Guidelines, please do not use the
website.
B. Although we may attempt to notify you
when major changes are made to these Terms of Service, you should
periodically review the most up-to-date version of the Terms of
Service. Pedsquiz in its sole discretion, may modify or revise these
Terms of Service and policies at any time, and you agree to be bound
by such modifications or revisions. Nothing in this Agreement shall
be deemed to confer any third-party rights or benefits.
2. The Website
A.
These Terms of Service apply to all users of the website,
including users who are also contributors of picture content,
information, and other materials or services on the website.
B.
The website may contain links to third party
website that are not owned or controlled by Pedsquiz. Pedsquiz has no
control over, and assumes no responsibility for, the content, privacy
policies, or practices of any third party website. In addition,
Pedsquiz will not and cannot censor or edit the content of any
third-party site. By using the website, you expressly relieve
Pedsquiz from any and all liability arising from your use of any
third-party website.
3. General Use of the Website —
Permissions and Restrictions
Pedsquiz hereby grants you a
revocable, non-transferable, and non-exclusive permission to access
and use the website as set forth in these Terms of Service, provided
that:
A. You agree not to distribute in any
medium any part of the website, including but not limited to Content
and User Submissions (each as defined below), without Pedsquiz's
prior written authorization.
B. You agree not
to alter or modify any part of the website, including but not limited
to Pedsquiz's technologies and program codes.
C.
You agree not to access User Submissions (defined below) or Content
through any technology or means other than any as authorized by the
this Terms of Service or a written agreement between you and
Pedsquiz.
D. You agree not to use the
website for any commercial use without the prior written
authorization of Pedsquiz. Prohibited commercial uses include, but
are not limited to, any of the following actions taken without
Pedsquiz's express approval:
1. Sale of
access to the website, Content or services via another website or
medium (such as a mobile application);
2. Use
of the website, Content or services for the purpose of gaining
advertising or subscription revenue;
3. The
sale of advertising, on the website or any third-party website,
targeted to the content of specific User Submissions or the
Content;
4. Any use of the website, Content,
User Submissions or services that Pedsquiz finds, in its sole
discretion, has the effect of competing with or displacing the market
for the Website, Content or User Submissions.
E.
You agree not to use or launch any automated system, including
without limitation, “robots,” “spiders,” or “offline
readers,” that accesses the website in a manner that sends more
request messages to the Pedsquiz servers in a given period of time
than a human can reasonably produce in the same period by using a
conventional on-line web browser. Notwithstanding the foregoing,
Pedsquiz grants the operators of public search engines permission to
use spiders to copy materials from the Website for the sole purpose
of and solely to the extent necessary for creating publicly available
searchable indices of the materials, but not caches or archives of
such materials. Pedsquiz reserves the right to revoke these
exceptions either generally or in specific cases. You agree not to
collect or harvest any personally identifiable information from the
Website, nor to use the communication systems provided by the website
for any commercial solicitation purposes. You agree not to solicit,
for commercial purposes, any users of the Website with respect to
their User Submissions.
F. You will otherwise
comply with the terms and conditions of these Terms of Service,
Community Guidelines, and all applicable local, national, and
international laws and regulations.
G. You
agree not to impersonate any person or organization.
H.
You agree not to harass any other user.
I.
Pedsquiz reserves the right to discontinue any aspect of the Website
or services at any time.
4. Your Use of Content on the
Website
In addition to the general restrictions above,
the following restrictions and conditions apply specifically to your
use of Content on the website.
A. The content
on the website, except all User Submissions, including without
limitation, the text, software, scripts, graphics, photos, sounds,
music, pictures, interactive features and the like (“Content”)
and the trademarks, service marks and logos contained therein
(“Marks”), are owned by or licensed to Pedsquiz, subject to
copyright and other intellectual property rights under the law.
Content on the website is provided to you AS IS for your information
and personal use only and may not be downloaded, copied, reproduced,
distributed, transmitted, broadcast, displayed, sold, licensed, or
otherwise exploited for any other purposes whatsoever without the
prior written consent of the respective owners. Pedsquiz reserves all
rights not expressly granted in and to the website and the
Content.
B. You may access User Submissions
solely:
1. For your information and personal
use in accordance with these Terms of Service; and
2.
As intended through the normal functionality of the website.
C.
User Comments (as defined below) are made
available to you for your information and personal use solely as
intended through the normal functionality of the website. User
Comments are made available “as is,” and may not be used, copied,
reproduced, distributed, transmitted, broadcast, displayed, sold,
licensed, downloaded, or otherwise exploited in any manner not
intended by the normal functionality of the Website or otherwise as
expressly authorized under this Agreement.
D.
You may access Content, User Submissions and other content only as
permitted under this Agreement. Pedsquiz reserves all rights not
expressly granted in and to the Content and the website.
E.
You agree to not use, copy, reproduce, transmit, broadcast, sell,
license, download, or otherwise exploit any of the Content other than
as expressly permitted herein, including any use, copying, or
distribution of User Submissions of third parties obtained through
the website for any commercial purposes.
F. You
agree not to circumvent, disable or otherwise interfere with
security-related features of the website or features that prevent or
restrict use or copying of any Content or enforce limitations on use
of the website or the Content therein.
G. You
understand that when using the website, you will be exposed to User
Submissions from a variety of sources, and that Pedsquiz is not
responsible for the accuracy, usefulness, safety, or intellectual
property rights of or relating to such User Submissions. You further
understand and acknowledge that you may be exposed to User
Submissions that are inaccurate, offensive, indecent, or
objectionable, and you agree to waive, and hereby do waive, any legal
or equitable rights or remedies you have or may have against Pedsquiz
with respect thereto, and agree to indemnify and hold Pedsquiz, its
owners, operators, affiliates, and/or licensors, harmless to the
fullest extent allowed by law regarding all matters related to your
use of the website.
5. Your User Submissions and Conduct
A.
You may submit picture content (“User Pictures”)
and/or textual content (“User Comments”) to Pedsquiz. User
Pictures and User Comments are collectively referred to as “User
Submissions”. You understand that whether or not such User
Submissions are published, Pedsquiz does not guarantee any
confidentiality with respect to any User Submissions.
B.
You shall be solely responsible for your own User Submissions and the
consequences of posting or publishing them. In connection with User
Submissions, you affirm, represent, and/or warrant that: you own or
have all the necessary licenses, rights, consents, and permissions to
use and authorize Pedsquiz to use all patent, trademark, trade
secret, copyright or other intellectual property or proprietary
rights in and to any and all User Submissions to enable inclusion and
use of the User Submissions in the manner contemplated by the website
and these Terms of Service.
C. For clarity, you
retain ownership of all copyrights you may have in your User
Submissions. However, by submitting User Submissions to Pedsquiz, you
hereby grant Pedsquiz a perpetual, irrevocable, worldwide,
non-exclusive, royalty-free, sublicenseable and transferable license
to use, adapt, modify, sell, reproduce, distribute, prepare
derivative works of, display, and perform the User Submissions (in
whole or in part), for any purpose whatsoever, and to incorporate
User Submissions in other works in any form, media, or technology now
known or later developed. The foregoing license shall be broadly
construed, and shall include, without limitation the right to: (i)
promote and redistribute part or all of the User Submissions (and
derivative works thereof) in any media formats and through any media
channels, (ii) incorporate the User Submissions on tangible or
intangible products (e.g., cups, clothing) for resale or otherwise,
and (iii) use the User Submissions for promotional purposes, whether
to promote the website, other Pedsquiz products or services, or third
party products or services. By way of clarification and not
limitation, you acknowledge that you will not be entitled to any
royalties or any other payment as a result of any efforts by Pedsquiz
to exploit any User Submissions. By way of further clarification,
Pedsquiz may freely sublicense the rights that you grant it in this
Section to a third party. To the extent necessary for Pedsquiz to
exercise its rights under the foregoing license, you hereby grant
Pedsquiz a perpetual, royalty-free and irrevocable license to exploit
any personality, publicity, or privacy rights in and to the User
Submissions and in your likeness as contained therein. You also
hereby grant each user of the Website a non-exclusive license to
access your User Submissions through the website, and to use,
reproduce, distribute, display and perform such User Submissions as
permitted through the functionality of the website and under these
Terms of Service.
D. In connection with User
Submissions, you further agree that you will not submit material that
is copyrighted, protected by trade secret or otherwise subject to
third party proprietary rights, including privacy, personality and
publicity rights, unless you are the owner of such rights or have
permission from their rightful owner to post the material and to
grant Pedsquiz all of the license rights granted herein.
E.
You agree that your conduct on the Website will comport with the
Community Guidelines which may be updated from time to time.
F.
Pedsquiz does not endorse any User Submission or
any opinion, recommendation, or advice expressed therein, and
Pedsquiz expressly disclaims any and all liability in connection with
User Submissions. Pedsquiz does not permit copyright infringing
activities and infringement of intellectual property rights on its
Website, and Pedsquiz will remove all Content and User Submissions if
properly notified in a manner consistent with law and Pedsquiz’s
Copyright Infringement Notification policy that such Content or User
Submission infringes on another’s intellectual property rights.
Pedsquiz reserves the right to remove Content and User Submissions
without prior notice.
G. If you provide
feedback to us regarding the website, Content, or User Submissions
(“Feedback”), you authorize us to use that Feedback without
restriction and without payment to you. Accordingly, you hereby grant
to us perpetual and irrevocable license to use the Feedback for any
purpose.
6. Termination Policy
A.
You may terminate your use of the Website at any
time. Pedsquiz may suspend or terminate your access to the website or
terminate these Terms of Service, at any time, for any reason. If
Pedsquiz suspects that you have violated any provision of these Terms
of Service, Pedsquiz may also seek any other available legal remedy.
Your rights under these Terms of Service will terminate automatically
if you breach any part of these Terms of Service. You remain solely
liable for all obligations related to use of the website, even after
you have stopped using the website.
B. Pedsquiz
reserves the right to decide whether Content or a User Submission is
appropriate and complies with these Terms of Service for violations
other than copyright infringement and violations of intellectual
property law, such as, but not limited to, laws regulating obscene or
defamatory material. Pedsquiz may remove such User Submissions and/or
terminate a User’s access for uploading such material in violation
of these Terms of Service at any time, without prior notice and at
its sole discretion.
7. Copyright Infringement
A.
If you are a copyright owner or an agent thereof
and believe that any User Submission or other content infringes upon
your copyrights, you may submit a notification pursuant to the
Digital Millennium Copyright Act (“DMCA”) by providing us with
the following information in writing or email :
1.
A physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly
infringed;
2. Identification of the copyrighted
work claimed to have been infringed, or, if multiple copyrighted
works at a single online site are covered by a single notification, a
representative list of such works at that site;
3.
Identification of the material that is claimed to be infringing or to
be the subject of infringing activity and that is to be removed or
access to which is to be disabled and information reasonably
sufficient to permit the service provider to locate the material;
4.
Information reasonably sufficient to permit the
service provider to contact you, such as an address, telephone
number, and, if available, an electronic mail;
5.
A statement that you have a good faith belief that use of the
material in the manner complained of is not authorized by the
copyright owner, its agent, or the law; and
6.
A statement that the information in the notification is accurate, and
under penalty of perjury, that you are authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the
requirements of this Section 8(A) your DMCA notice may not be valid.
Please send all notices by email to info at pedsquiz.com. If you
need a physical postal address, you may request so be sending
Pedsquiz an email.
B. Counter-Notice. If you believe that your
User Submission that was removed (or to which access was disabled) is
not infringing, or that you have the authorization from the copyright
owner, the copyright owner’s agent, or pursuant to the law, to post
and use the content in your User Submission, you may send a
counter-notice containing the following information to the Copyright
Agent:
1. Your physical or electronic
signature;
2. Identification of the content
that has been removed or to which access has been disabled and the
location at which the content appeared before it was removed or
disabled;
3. A statement that you have a good
faith belief that the content was removed or disabled as a result of
mistake or a misidentification of the content; and
4.
Your name, address, telephone number, and e-mail address.
If a counter-notice is received, Pedsquiz may send a copy of
the counter-notice to the original complaining party informing that
person that it may replace the removed content or cease disabling it
in 10 business days. Unless the copyright owner files an action
seeking a court order against the content provider, member or user,
the removed content may be replaced, or access to it restored, in 10
to 14 business days or more after receipt of the counter-notice, at
Pedsquiz’s sole discretion.
C. Repeat
Infringers. Pedsquiz will terminate the access privileges of any user
whom it deems, in its sole authority, has repeatedly infringed the
copyright rights of others.
8. Warranty Disclaimer
YOU
AGREE THAT YOUR USE OF THE WEBSITE OR THE PRODUCTS AND SERVICES
AVAILABLE THEREIN SHALL BE AT YOUR SOLE RISK. THE WEBSITE, CONTENT,
USER SUBMISSIONS, AND ANY PRODUCTS OR SERVICES AVAILABLE ON THE
WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
TO THE FULLEST EXTENT PERMITTED BY LAW, AND PEDSQUIZ, ITS MANAGERS,
MEMBERS, EMPLOYEES, LICENSORS, SUPPLIERS, AND AGENTS DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND
YOUR USE THEREOF, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
PEDSQUIZ MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR
COMPLETENESS OF THE WEBSITE’s CONTENT OR THE CONTENT OF ANY SITES
LINKED TO THESE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY
FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE AND THE PRODUCTS
AND SERVICES AVAILABLE THEREIN, (III) ANY UNAUTHORIZED ACCESS TO OR
USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION
AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR
THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR
OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND
INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. PEDSQUIZ
DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR
ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH
THE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND PEDSQUIZ WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE
OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU
SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
9. Limitation of Liability
IN
NO EVENT SHALL PEDSQUIZ, ITS MANAGERS, MEMBERS, EMPLOYEES, LICENSORS,
SUPPLIERS, OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM
YOUR ACCESS TO OR USE OF THE WEBSITE, CONTENT, USER SUBMISSIONS OR
THE PRODUCTS AND SERVICES AVAILABLE ON THE WEBSITE. BECAUSE SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU.
THE MAXIMUM TOTAL LIABILITY OF PEDSQUIZ, ITS
MANAGERS, MEMBERS, EMPLOYEES, LICENSORS, SUPPLIERS, OR AGENTS TO YOU
FOR ANY CLAIM UNDER THESE TERMS OF SERVICE, WHETHER IN CONTRACT,
TORT, OR OTHERWISE, IS $25.00. EACH PROVISION OF THIS AGREEMENT THAT
PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR
EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THIS AGREEMENT
BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE
BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS
SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT.
THE LIMITATIONS IN THIS SECTION 9 WILL APPLY EVEN IF ANY LIMITED
REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
The website are controlled and offered by Pedsquiz from the United States of America. The content is hosted on
Google(TM)'s Blogger platform. Pedsquiz makes no representations that
the website is appropriate or available for use in other locations.
Those who access or use the website from other jurisdictions do so at
their own volition and are responsible for compliance with their
local law.
10. Indemnity
You agree to
defend, indemnify and hold harmless Pedsquiz, its managers, members,
employees and agents, from and against any and all claims, damages,
obligations, losses, liabilities, costs or debt, and expenses
(including but not limited to attorney’s fees) arising from: (i)
your use of and access to the website; (ii) your violation of any
term of these Terms of Service; (iii) your violation of any third
party rights, including without limitation any copyright, property,
or privacy right; or (iv) any claim that one of your User Submissions
caused damage to a third party or to Pedsquiz. This defense and
indemnification obligation will survive these Terms of Service and
your termination of use of the website.
11. Privacy
Pedsquiz may
collect registration and other information about you through the
website. Pedsquiz’s collection, use, and disclosure of this
information are governed by the Pedsquiz Privacy Policy available at http://www.pedsquiz.com/2002/06/privacy-policy.html
12. Ability to Accept Terms of
Service
You affirm that you are either more than 18 years
of age, or an emancipated minor, or possess the consent of your legal
parent or guardian, and are fully able and competent to enter into
the terms, conditions, obligations, affirmations, representations,
and warranties set forth in these Terms of Service, and to abide by
and comply with these Terms of Service. In any case, you affirm that
you are over the age of 13, as the website are not intended for
children under 13. If you are under 13 years of age, then please do
not use the website. There are lots of other great web sites for you.
Talk to your parents about what sites are appropriate for you.
13. Assignment
These Terms
of Service, and any rights and licenses granted hereunder, may not be
transferred or assigned by you, but may be assigned by Pedsquiz
without restriction.
14. General
By using the
website, you consent to receiving electronic communications from
Pedsquiz to the email address you may have provided to Pedsquiz. YOU
AND Pedsquiz AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED
TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF
ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY
BARRED.
15. Contacting Pedsquiz
If you have any
questions or concerns about these Terms of Service or the website,
please send us a thorough description by email to info at
pedsquiz.com.
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