Last Updated Date: March 3 2023
Please note that the “Dispute Resolution” section of this Agreement contains provisions governing how disputes between you and Wiseranker are resolved, including an arbitration agreement that will require disputes to be submitted to binding and final arbitration. Unless you opt-out of the arbitration agreement, you are waiving your right to pursue disputes or claims in a court of law and to have a jury trial.
Any dispute, claim, or request for relief relating to your use of the Site will be governed by and interpreted under the laws of the State of Colorado, consistent with the US Federal Arbitration Act.
To use the Services and Company Properties, you must comply with the terms of the Agreement. The Website, Application, Services, and all the information and content available on them are protected by copyright laws worldwide. Under the Agreement, you are granted a limited license by Company to reproduce parts of the Company Properties for your personal, non-commercial use only. Your right to use any and all Company Properties is subject to the terms of the Agreement unless otherwise stated by Company in a separate license.
Application License. You may download, install, and use a copy of the Application on a single mobile device or computer that you own or control for personal or internal business purposes, as long as you comply with the Agreement. However, you acknowledge that the Company Properties are evolving and may be updated by the Company at any time, with or without notice to you.
Certain Restrictions. The rights granted to you in the Agreement are subject to certain restrictions. For instance, you are not allowed to license, sell, rent, lease, transfer, assign, reproduce, distribute, host, or otherwise commercially exploit any portion of Company Properties, including the Website. You are also prohibited from modifying, translating, adapting, merging, making derivative works of, disassembling, decompiling, or reverse-engineering any part of Company Properties, except to the extent that these actions are expressly allowed by applicable law.
Moreover, you shall not use any manual or automated software, devices, or other processes to scrape or download data from any web pages contained in the Website, except for public search engines that may use spiders to copy materials from the Website solely for the purpose of creating publicly available searchable indices of such materials. You shall not access Company Properties to build a similar or competitive website, application, or service, nor shall you copy, reproduce, distribute, republish, download, display, post, or transmit any part of Company Properties in any form or by any means, except as expressly permitted by the Agreement.
Third-Party Materials. As a part of Company Properties, you may have access to materials that are hosted by another party. You agree that you access these materials at your own risk and that it is impossible for Company to monitor them.
To access certain features of the Company Properties, you may need to become a registered user (“Registered User”). A Registered User is someone who has subscribed to the Services, registered an account on the Company Properties (“Account”), or has a valid account on a social networking service (“SNS”) through which the user has connected to the Company Properties (“Third-Party Account”).
If you access the Company Properties through an SNS, you may link your Account with Third-Party Accounts by allowing the Company to access your Third-Party Account, as permitted by the applicable terms and conditions governing your use of each Third-Party Account. By granting Company access to any Third-Party Accounts, you understand that Company may access, make available, and store any Content accessible through the Company Properties that you have provided to and stored in your Third-Party Account (“SNS Content”), so that it is available on and through Company Properties via your Account.
To register an Account, you agree to provide accurate, current, and complete information about yourself as prompted by the registration form, including your email address or mobile telephone number (“Registration Data”). You must maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. You are responsible for all activities that occur under your Account, and you agree to monitor your Account to restrict use by minors and to accept full responsibility for any unauthorized use of Company Properties by minors.
You may not share your Account or password with anyone, and you agree to notify Company immediately of any unauthorized use of your password or any other breach of security. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Company has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current, or incomplete, Company has the right to suspend or terminate your Account and refuse any and all current or future use of Company Properties.
You agree not to create an Account using false identity or information or on behalf of someone other than yourself. You also agree that you shall not have more than one Account per platform or SNS at any given time. Company reserves the right to remove or reclaim any usernames at any time and for any reason, including claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use Company Properties if you have been previously removed by Company or previously banned from any of the Company Properties.
You acknowledge and agree that you shall have no ownership or other property interest in your Account, and all rights in and to your Account are and shall forever be owned by and inure to the benefit of Company.
You must provide all equipment and software necessary to connect to Company Properties, including but not limited to, a mobile device that is suitable to connect with and use Company Properties, in cases where the Services offer a mobile component. You are solely responsible for any fees, including internet connection or mobile fees, that you incur when accessing Company Properties.
RESPONSIBILITY FOR CONTENT.
Ownership of Company Properties. Except for Your Content and User Content, Company and its suppliers retain all rights, title, and interest in Company Properties. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying any Company Properties.
Ownership of Other Content. Except for Your Content, you acknowledge that you have no right, title, or interest in or to any Content that appears on or in Company Properties.
Ownership of Your Content. You retain ownership of Your Content. However, when you post or publish Your Content on or in Company Properties, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.
License to Your Content. You grant Company a fully paid, perpetual, irrevocable, worldwide, royalty-free, non-exclusive, and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display Your Content (in whole or in part) for the purposes of operating and providing Company Properties. You understand and agree that other users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of Company Properties. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You acknowledge and agree that you are solely responsible for all of Your Content that you Make Available on or in Company Properties.
Prohibited User Conduct. You are prohibited from engaging in any conduct that violates any applicable law or regulation, interferes with any other user’s use or enjoyment of Company Properties, or harms Company or its affiliates, directors, officers, employees, agents, or representatives. Without limiting the foregoing, you agree that you will not: Engage in any harassing, threatening, intimidating, predatory, or stalking conduct; Post, transmit, or share any User Content or other material that is defamatory, obscene, pornographic, indecent, abusive, offensive, discriminatory, or that infringes or violates any third party’s intellectual property or other proprietary rights; Use Company Properties to promote or engage in any illegal activity, including, without limitation, the sale of illegal drugs or other illegal products or services; Impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity; Use any robot, spider, scraper, or other automated means to access Company Properties or any content or data on or available through Company Properties for any purpose; Create, publish, distribute, or transmit any software or other material that contains a virus, Trojan horse, worm, time bomb, or other harmful or disruptive component; Attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running Company Properties; Harvest or collect any information from Company Properties, including, without limitation, user names, email addresses, or other contact information, without the express consent of the owner of such information; Use Company Properties for any commercial purpose, including, without limitation, advertising or soliciting any person to buy or sell any products or services or to make donations of any kind, without Company’s express prior written consent; Modify, adapt, sublicense, translate, sell, reverse engineer, decompile, or disassemble any portion of Company Properties or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of Company Properties; Remove or modify any copyright, trademark, or other proprietary rights notice that appears on any portion of Company Properties or on any materials printed or copied from Company Properties; Use any device, software, or routine to interfere with the proper working of Company Properties or to otherwise interfere with other users’ use and enjoyment of Company Properties; or Take any action that imposes an unreasonable or disproportionately large load on Company’s infrastructure or otherwise interferes with the proper working of Company Properties.
You acknowledge and agree that Company may take any legal action and implement any technical remedies to prevent the violation of this section and to enforce these Terms of Service.
Registration. To access certain features of Company Properties, you may be required to register for an account (“Account”). When registering for an Account, you will be required to provide certain information about yourself and establish a username and a password. You agree to provide accurate, current and complete information about yourself as prompted by the registration form and maintain and promptly update your information to keep it accurate, current and complete. Company reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. Account Security. You are responsible for maintaining the confidentiality of your Account password and for all activities that occur under your Account. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. Company is not liable for any loss or damage arising from your failure to comply with the above requirements. Account Termination. You may terminate your Account at any time and for any reason by following the instructions on the Company Properties. Company may suspend or terminate your Account at any time and for any reason, without notice or explanation, including if Company believes that you have violated the Agreement or any applicable law, regulation or order, or that your conduct is harmful to Company, its users or the public. Upon any termination of your Account, all provisions of the Agreement that by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Company may retain and use your Account information and Your Content as necessary to comply with its legal obligations, resolve disputes and enforce its agreements. Modification of Company Properties. Company reserves the right to modify, update, or discontinue Company Properties or any portion thereof, at any time without notice to you. You agree that Company shall not be liable to you or to any third party for any modification, update, suspension or discontinuance of Company Properties or any portion thereof.
Third-Party Properties and Promotions. Company Properties may contain links to third-party websites and applications (“Third-Party Properties”) or display promotions or advertisements for third parties, such as promotions or advertisements for products and services made available by third parties (“Third-Party Promotions”). We do not provide, own, or control any of the products or services that you can access through Third-Party Promotions. When you click on a link to a Third-Party Property or Third-Party Promotion, we may not warn you that you have left Company Properties and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Properties and Third-Party Promotions are not under the control of Company. Company is not responsible for any Third-Party Properties or Third-Party Promotions, including the accuracy, timeliness, or completeness of such content. Company provides these Third-Party Properties and Third-Party Promotions only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Properties or Third-Party Promotions, or any product or service provided in connection therewith. You use all links in Third-Party Properties and Third-Party Promotions at your own risk. When you leave the Company Properties, the Agreement and Company’s policies will not govern your activities on Third-Party Properties. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Properties or providers of any Third-Party Promotions and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
Advertising Revenue. Company reserves the right to display Third-Party Promotions before, after, or in conjunction with User Content posted on or in the Company Properties, and you acknowledge and agree that Company has no obligation to you in connection therewith (including, without limitation, any obligation to share revenue received by Company as a result of such advertising).
DISCLAIMER OF WARRANTIES AND CONDITIONS.
AS IS. You acknowledge and agree that your use of Company Properties is at your sole risk and that they are provided on an “as is” and “as available” basis, with all faults. The Company, its affiliates, and their respective officers, directors, employees, contractors, and agents (collectively, the “Company Parties”) expressly disclaim all warranties, representations, and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties or conditions of merchantability, fitness for a particular purpose, and non-infringement arising from the use of the website.
COMPANY PARTIES MAKE NO WARRANTY, REPRESENTATION, OR CONDITION THAT: (1) COMPANY PROPERTIES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF COMPANY PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF COMPANY PROPERTIES WILL BE ACCURATE OR RELIABLE.
ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH COMPANY PROPERTIES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS COMPANY PROPERTIES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COMPANY OR THROUGH COMPANY PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
NO LIABILITY FOR CONDUCT OF THIRD PARTIES. You acknowledge and agree that the Company Parties are not liable, and you agree not to seek to hold the Company Parties liable, for the conduct of third parties, including operators of external sites, and that the risk of injury from such third parties rests entirely with you.
LIMITATION OF LIABILITY.
Disclaimer of Certain Damages. You acknowledge and agree that under no circumstances shall Company Parties be liable for any indirect, incidental, special, consequential, or punitive damages, or damages or costs due to loss of production or use, business interruption, procurement of substitute goods or services, loss of profits, revenue or data, or any other damages or costs, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if Company has been advised of the possibility of such damages. This includes damages or costs arising from: (1) your use or inability to use Company Properties; (2) the cost of procurement of substitute goods or services resulting from any goods, data, information, or services purchased or obtained or messages received for transactions entered into through Company Properties; (3) unauthorized access to or alteration of your transmissions or data; (4) statements or conduct of any third party on Company Properties; or (5) any other matter related to Company Properties.
Cap on Liability. In no event shall Company Parties be liable to you for more than the greater of (a) one hundred dollars or (b) the remedy or penalty imposed by the statute under which such claim arises. This limitation on liability shall not apply to liability of a Company Party for (i) death or personal injury caused by a Company Party’s negligence or (ii) any injury caused by a Company Party’s fraud or fraudulent misrepresentation.
User Content. Company assumes no responsibility for the timeliness, deletion, mis-delivery, or failure to store any content, user communications, or personalization settings, including your content and user content.
Basis of the Bargain. You acknowledge and agree that the limitations of damages set forth above are fundamental elements of the basis of the bargain between Company and you.
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
Company respects the intellectual property rights of others and requires that users of Company Properties do the same. If you believe that your work has been copied and posted on Company Properties in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the location on Company Properties of the material that you claim is infringing; (d) your address, telephone number, and email address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Company’s Copyright Agent for notice of claims of copyright infringement is as follows: DMCA Agent, 1550 Larimer Street, Suite 431, Denver, CO 80202.
Violations. If Company becomes aware of any possible violations by you of the Agreement, Company reserves the right to investigate such violations. If, as a result of the investigation, Company believes that criminal activity has occurred, Company reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Company may disclose any information or materials on or in Company Properties, including Your Content, to comply with applicable laws, legal process, governmental request, enforce the Agreement, respond to any claims that Your Content violates the rights of third parties, respond to your requests for customer service, or protect the rights, property, or personal safety of Company, its Registered Users, or the public.
Breach. If Company determines that you have breached any portion of the Agreement or demonstrated conduct inappropriate for Company Properties, Company may warn you via email, delete any of Your Content, discontinue your registration or subscription to any Services, block your access to the Company Properties and your account, notify and/or send content to the proper law enforcement authorities, and pursue any other action deemed appropriate by Company.
TERM AND TERMINATION.
Term. The Agreement will become effective on the date you accept it and will remain in effect as long as you use Company Properties, unless terminated earlier in accordance with the terms of the Agreement.
Prior Use. You acknowledge and agree that the Agreement commenced on the date you first used Company Properties and will remain in effect while you use any Company Properties, unless terminated earlier in accordance with the Agreement.
Termination of Services by Company. Company reserves the right to terminate the Agreement, including your right to use the Website, Application, and Services at any time, with or without notice, including if Company determines that you are in breach of the Agreement.
Termination of Services by You. If you want to terminate one or more of the Services provided by Company, you may do so by notifying Company at any time and discontinuing your use of the Service(s).
Effect of Termination. Termination of any Service also includes removal of access to the Service(s) and barring of further use of the Service(s). Upon termination of any Service, your right to use such Service will immediately terminate. Any termination of Services may involve the deletion of your password and all related information, files, and Content associated with or inside your Account (or any part thereof), including Virtual Credits and Your Content. All provisions of the Agreement which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
Company Properties are controlled and offered by Company from its facilities in the United States. If you access or use Company Properties from outside the United States, you do so at your own risk and are responsible for compliance with local laws.
Please carefully read the following arbitration agreement in this section (“Arbitration Agreement”). It requires you to arbitrate disputes with Company and limits the manner in which you can seek relief from us.
Class Action Waiver. You and Company agree that any dispute, claim or request for relief shall be resolved solely on an individual basis, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator shall not consolidate the claims of more than one person, nor preside over any form of a representative or class proceeding. If this provision is found to be unenforceable, the entirety of this Dispute Resolution section shall be null and void.
Modification of Arbitration Agreement with Notice. Company reserves the right to modify this Arbitration Agreement at any time, with notice to you. If Company makes material changes to this Arbitration Agreement, you may terminate this Agreement within 30 days of receiving the notice. If any part of this Arbitration Agreement is found to be invalid or unenforceable, the remaining provisions shall continue to apply.
Authority of Arbitrator. The arbitrator appointed to resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement shall have exclusive authority to determine the scope and enforceability of this Agreement. The arbitration proceeding shall be limited to the resolution of the rights and liabilities of you and Company, and shall not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim, award monetary damages, and grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have, and the award of the arbitrator is final and binding upon you and Company.
Waiver of Jury Trial. YOU AND COMPANY AGREE TO WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Company agree to resolve any disputes, claims or requests for relief through binding arbitration under this Arbitration Agreement, except as specified in the section titled “Applicability of this Arbitration Agreement” above. An arbitrator can award on an individual basis the same damages and relief as a court, but there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Waiver of Class or Other Non-Individualized Relief. Any disputes, claims, or requests for relief within the scope of this Arbitration Agreement must be resolved through individual arbitration and may not proceed as a class or collective action. Only individual relief is available, and claims of more than one customer or user may not be consolidated or arbitrated together with those of any other customer or user. In the event that a court determines that the limitations outlined in this section are unenforceable with respect to a particular dispute, claim, or request for relief, that aspect will be severed from the arbitration and brought before the state or federal courts located in the State of Colorado. All other disputes, claims, or requests for relief will be resolved through arbitration. 30-Day Right to Opt Out. You have the option to opt out of the provisions of this Arbitration Agreement by submitting a written notice of your decision to [email protected] within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name, address, Company username (if applicable), email address where you receive Company emails or that you used to create your Account (if you have one), and an explicit statement that you wish to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other provisions of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no impact on any other arbitration agreements that you may have currently or in the future with us. Severability. Except for the section titled “Waiver of Class or Other Non-Individualized Relief” above, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then that specific part or parts will have no effect and will be severed, and the remaining portions of the Arbitration Agreement will remain in full force and effect. Survival of Agreement. This Arbitration Agreement will remain in effect even after the termination of your relationship with Company. Modification. Notwithstanding any other provision in this Agreement, if Company makes any significant changes to this Arbitration Agreement in the future, you have the right to reject the change within 30 days of the change becoming effective. To do so, you must notify Company in writing at Quiz Daily, 1550 Larimer Street, Suite 431, Denver, CO, 80202.
Electronic Communications: You agree that all communications between you and Company, including notices, agreements, and disclosures, may be provided to you electronically. You further acknowledge that such electronic communications satisfy any legal requirements that would require the communications to be in writing.
Assignment: You may not transfer or assign any of your rights or obligations under this Agreement without the prior written consent of Company. Any attempt to do so without consent shall be deemed null and void.
Force Majeure: Company shall not be held liable for any delays or failures in performance caused by events outside of its reasonable control, such as acts of God, war, terrorism, civil or military authorities, fires, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
Exclusive Venue: Any claims or disputes arising out of or related to this Agreement shall be litigated exclusively in the state or federal courts located in Denver, Colorado, to the extent permitted under this Agreement.
Governing Law: This Agreement shall be governed and interpreted in accordance with the laws of the State of Colorado, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Choice of Language: The parties expressly agree that this Agreement and all related documents have been written in English. Les parties conviennent expressément que cette convention et tous les documents qui y sont liés soient rédigés en anglais.
Notice: You are responsible for providing Company with your most current email address. In the event that the email address you provided is not valid or capable of delivering required or permitted notices, Company’s dispatch of such notice via email shall be deemed effective. You may give notice to Company at the address specified in this Agreement.
Waiver: A failure or waiver of any provision of this Agreement shall not be deemed a waiver of any other provision or such provision on any other occasion.
Severability: If any portion of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid or unenforceable provision shall be construed in a manner that reflects the original intention of the parties.
Entire Agreement: This Agreement constitutes the final, complete, and exclusive agreement between the parties with respect to the subject matter hereof and supersedes all prior discussions and understandings between the parties.