Terms and Conditions
The following terms and conditions (the "Terms and Conditions") govern your use of this web site or application provided to you by Lizard Point Quizzes, and any content, features or functionality made available from or through this web site. We may change the Terms and Conditions from time to time, at any time without notice to you, by posting such changes on the Web Site. BY USING THE WEB SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE WEB SITE. If you do not agree to these Terms and Conditions please do not access or otherwise use the Web Site.
These Terms and Conditions were revised September 18, 2016.
- Proprietary Rights.
Unless specifically noted, we own all rights, title and interest in and to the Web Site. Your use of the Web Site does not grant to you ownership of any content, code, data or materials you may access on or through the Web Site.
- Limited License.
You may access and view the content on the Web Site on your computer or other device and, unless otherwise indicated in these Terms and Conditions or on the Web Site, make single copies or prints of the content on the Web Site for your educational or personal use only. Unless otherwise specifically indicated in these Terms and Conditions or on the Web Site, use of the Web Site and the services offered on or through the Web Site, are only for your educational or personal, non-commercial use.
- Prohibited Use.
Any commercial or promotional distribution, publishing or exploitation of the Web Site is strictly prohibited unless you have received the express prior written permission.
The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on the Web Site or on content available through the Web Site are our registered and unregistered Trademarks and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders on or through any of the Web Site's services is strictly prohibited.
- User Information.
- Standard Services; Premium Services
Lizard Point Quizzes provides a rich set of features and capabilities in its standard services. Lizard Point Quizzes does not charge for the standard Services or to become a Registered User.
Lizard Point Quizzes also offers services and features that require explicit agreement to fees prior to the use of such service or feature ("Premium Services"). Examples of Premium Services include an ad-free experience ("Supporter account") and enhanced teacher services ("Teacher Plus account"). No fee payable to Lizard Point Quizzes will ever be charged to you unless you have taken specific action to order the Premium Service in question.
Subscriptions (automatic monthly payments) to any Premium Service may be cancelled at any time through PayPal. All Premium Services are prepaid for the period selected (monthly, three-monthly, yearly or otherwise) and are non-refundable.
- Referral Bonuses
Paid, currently active subscribers of the "Teacher Plus" accounts will be provided with a referral code. This code may be used by any other Teacher upgrading to a "Teacher Plus" account. When the new "Teacher Plus" payment processes, it will have an additional month added to the expiry date. In addition, the referring teacher will also have an additional month added to their account. Referral codes may be used as often as desired – but the referring Teacher's expiry date will be limited to 2 years in the future. However the referral code will still add an additional month to the referred Teacher's account.
Note that only one referral code may be used per new Teacher Plus account.
Site content, such as specific quizzes or the content of the quizzes, may change without notice.
Inactive user accounts, and content associated with a user's account, such as scores, stamps, quiz favourites, and custom quizzes, may be subject to deletion. We attempt to contact the user by email prior to deletion of an account to give the user the opportunity to sign in and reactivate their account.
When using the generated student accounts, educators acknowledge that they have access to these educational records and are solely accountable for the production, retention and destruction of these records as long as the educator's account is in good standing. (If an educator does not have a current Teacher Plus account and has not used the site for a reasonable period of time – Lizard Point Quizzes shall periodically destroy all stale associated educational records. We will email the educator with at least 30 days notice).
Registered users of Lizard Point Quizzes may create Custom Quizzes (subsets of existing quizzes), and Teacher Plus account owners may create "Blackboard" content for their students. Lizard Point Quizzes does not claim any ownership rights to your content. However, we do need certain licences to this content in order to operate and enable the Services. When you submit content to our Services you grant Lizard Point Quizzes a worldwide licence to communicate, distribute, host, publicly display, publish, reproduce, store and use such content. The licence granted by you is only for the purpose of operating, marketing, promoting and improving our Services. We will attribute to you if we incorporate your content on a Lizard Point Quizzes feature or into marketing materials.
Custom Quiz content may be periodically purged at Lizard Point's discretion (typically when it hasn't been used in some time). Blackboard content will only be archived if the Teacher Plus account expires.
- Submitted Materials.
- Prohibited User Conduct.
Our site includes a registration system to enable learners to track their progress through our quizzes. This registration system is only to be used by learners and others over the age of 13. The registration dialog will therefore require user attestation that they are over 13.
While using our registration system to track your progress through the quizzes - we ask that the user name you choose is not identifiable to you, and that it not be profane, libelous, obscene or vulgar. If such cases are found, the account shall be deleted.
- Linking to the Web Site.
Unless otherwise specifically indicated in these Terms and Conditions or on the Web Site, you agree that: (i) if you include a link from any other web site to the Web Site, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of this Web Site; (ii) you are not permitted to link directly to any image hosted on the Web Site or our services, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another web site; and (iii) you agree not to download or use images hosted on this Web Site on another web site, for any purpose, including, without limitation, posting such images on another site. You agree not to link from any other web site to this Web Site in any manner such that the Web Site, or any page of the Web Site, is "framed," surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Web Site be discontinued, and to revoke your right to link to the Web Site from any other web site at any time upon written notice to you.
You agree to defend, indemnify and hold us and our affiliates and our affiliates' directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including attorneys' fees, arising in any way from your use of the Web Site, your placement or transmission of any message, content, information, software or other materials through the Web Site, or your breach or violation of the law or of these Terms and Conditions. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
- Third Party Web Sites.
You may be able to link from the Web Site to third party web sites and third party web sites may link to the Web Site ("Linked Sites"). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such web sites or the information, content, products, services, advertising, code or other materials presented on or through such web sites. The inclusion of any link to such sites on our Site does not imply our endorsement, sponsorship, or recommendation of that site. Any reliance on the contents of a third party web site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.
- Copyright Agent.
We respect the intellectual property rights of others, and require that the people who use the Web Site, or the services or features made available on or through the Web Site, do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to us:
- Your address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- A 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;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- 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 are authorized to act on the copyright owner's behalf.
- DISCLAIMER OF WARRANTIES.
THE WEB SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, FEATURES, CONTENT, FUNCTIONS AND MATERIALS PROVIDED THROUGH THE WEB SITE, ARE PROVIDED "AS IS," "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, PLAYABILITY, DISPLAYABILITY, ACCURACY, PRECISION, CORRECTNESS, THOROUGHNESS, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED.
WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE WEB SITE IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE WEB SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING.
- LIMITATION OF LIABILITY.
IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE, OUR AFFILIATES, OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE WEB SITE OR THE CONTENT, FEATURES, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE WEB SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
We may terminate, change, suspend or discontinue any aspect of the Web Site or the Web Site's services at any time. We may restrict, suspend or terminate your access to the Web Site and/or its services if we believe you are in breach of our terms and conditions or applicable law, or for any other reason without notice or liability.
We reserve the right, at our sole discretion, to change, modify, add or remove any portion of the Terms and Conditions, in whole or in part, at any time. Changes in the Terms and Conditions will be effective when posted. Your continued use of the Web Site and/or the services made available on or through the Web Site after any changes to the Terms and Conditions are posted will be considered acceptance of those changes.