Terms of Service
Terms of Service QUIZCODE TERMS OF SERVICE

This agreement governs your access to and use of Boardhost.com, Inc.'s (hereafter referred to as "Boardhost") Quizcode.com service's quizzes, facilities, and services (collectively the "Service"). In consideration for your right to use the Service, you agree as follows:

SERVICE PROVIDED

Boardhost provides the capability to create and maintain an interactive quiz and/or to use and/or post comments to an interactive quiz that has been created and maintained by a customer of its service, to the user, who is at least eighteen (18) years old, or is a minor over the age of thirteen (13) who has parental permission. Service is provided "as is." There may, among other things, be unexpected downtimes, loss of data, delays or interruptions of service. BOARDHOST SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES YOU MAY SUFFER AS A RESULT OF SUCH INTERRUPTIONS OR DATA LOSSES, OR OTHERWISE AS A RESULT OF YOUR USE OR INABILITY TO USE THE SERVICE, INCLUDING WITHOUT LIMITATION LOSS OF BUSINESS.

When you create a quiz, Boardhost may provide an HTML and/or Javascript code for you to include on your website (or any other page where you include such code, hereafter referred to as "Your website") to use certain features that we provide. Boardhost cannot guarantee that such code will not interfere with other elements of Your website or that such coding will at all times work as described. You may not modify provided codes in any manner.

Boardhost is not obligated to monitor the Service, but may do so and may remove or edit any quiz, comments, or content created through our site, or adjust your access to the Service. Quizzes, comments, or content that Boardhost may, in its sole discretion, elect to remove or edit include without limitation those which violate the "Restrictions" enumerated herein.

Quizzes are provided for entertainment only. Quiz questions, answers, and results may be subject to error or inaccuracies. If you so choose in your preferences, we will attempt to allow and limit a unique user to being able to participate in your quiz only one time, however such an outcome cannot be guaranteed, and the same user may be able to take your quiz multiple times, or none at all.

Any URLs that may be assigned to quizzes that you create belong to Boardhost and not to you, and are subject to removal at Boardhost's discretion.

Boardhost may place advertisements on quizzes, in exchange for the service provided. It is Boardhost's sole discretion as to how many advertisements appear, and the form of these advertisements.

CONTENT

Boardhost ordinarily does not review quizzes, comments, or content before they are posted to its service, nor does it verify or review quizzes or their answers for their validity or accuracy. Therefore, quiz answers and results, including whether an answer is indicated as being correct or incorrect, should be regarded as the opinion of the quiz author.

Opinions expressed in a quiz, its content, comments, or results, are those of the content author and not of Boardhost. Likewise, Boardhost makes no representations or warranties concerning the truth or falsity of any quiz question, answer, comment, or result, or any assertion of fact. Boardhost further makes no representations or warranties concerning the correctness or incorrectness of any answer on a quiz, regardless of whether the quiz creator has chosen to indicate the answer as being "correct" or "incorrect".

BOARDHOST SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES YOU MAY SUFFER AS A RESULT OF ANY QUIZ, ITS ANSWERS OR RESULTS, OR COMMENTS OR CONTENT POSTED BY THIRD PARTIES OR YOU TO OUR SERVICE.

RESTRICTIONS

The following content is not permitted to appear in any quizzes created or comments posted on our site:
  • Racism
  • Hatred
  • Harassment
  • Adult content
  • Obscene material
  • Nudity or pornography
  • Material that infringes intellectual property or other proprietary rights of any party
  • Material the posting of which is tortious or violates a contractual or fiduciary obligation you or we owe to another party
  • Piracy, hacking, viruses, worms, or warez
  • Any illegal content
  • Any link to or any image from a site containing any material outlined in these restrictions
  • Any material deemed offensive or inappropriate by Boardhost, in its sole discretion, after you have been informed that Boardhost so deems the material (you agree that Boardhost may remove such material or direct you to remove it without prior notice, however)
In addition, you may not use our services if Your website contains any content outlined in this section.

E-MAIL AND UNSOLICITED E-MAIL

Individuals or organizations that promote or use spamming (unsolicited bulk e-mail) or methods thereof are not allowed to use our site. Any reported incident of spamming, or any form of unsolicited e-mail or newsgroup posting that includes a link to or references to a quiz, may result in IMMEDIATE termination of any related quizzes, and a ban from using any future Boardhost services.

Furthermore, you may not include a quiz in ANY e-mail message including but not limited to e-mail newsletters. You may not solicit voters or viewers to quizzes by any means of e-mail communication.

TERMINATION

Boardhost reserves the right to terminate, or take steps to terminate your quizzes, comments and/or access to the Service, in whole or part, without warning, for any reason at its sole discretion, including without limitation any violation of a provision of these terms. Boardhost further reserves the right to remove any quizzes or accounts determined in Boardhost's sole discretion to be using excessive server resources.

Any quizzes you create and their associated data may be removed for inactivity at Boardhost's discretion. Ordinarily, this will occur if no one has taken your quiz for 90 days.

MODIFICATION

Boardhost reserves the right to modify these terms of service at any time. You agree to review these terms of service regularly, and, at a minimum, to review these terms of service at least once every 15 days. Failure to discontinue use of our service within twenty-five (25) days of any such changes constitutes your acceptance of the new agreement

NOTIFICATION OF CLAIMED INFRINGEMENT

If you believe that content posted on a quiz is violating your rights under U.S. copyright law, you may, pursuant to the Digital Millennium Copyright Act (DMCA) file a complaint of such claimed infringement with Boardhost's designated agent in the manner described at http://quizcode.com/dmca.html

DISCLAIMER OF WARRANTIES

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. BOARDHOST EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER IMPLIED OR EXPRESS, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BOARDHOST (INCLUDING ITS CONTRACTORS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS AND AFFILIATES) OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

SOME JURISDICTIONS DO NOT PERMIT DISCLAIMERS OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE LIMITATIONS HEREIN MAY NOT APPLY TO YOU.

WAIVER OF DAMAGES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS OF SERVICE OR OTHERWISE, BOARDHOST SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, PROCUREMENT OF SUBSTITUTE GOODS, GOODWILL, DATA, OR OTHER LOSSES (EVEN IF BOARDHOST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE.

SOME JURISDICTIONS DO NOT PERMIT EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS HEREIN MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to indemnify and hold harmless Boardhost and its contractors, agents, employees, officers, directors, shareholders, and affiliates from any losses, damages or costs, including reasonable attorney's fees, resulting from any claim or demand arising out of or related to your (including your contractors', agents', employees', officers', directors', shareholders' and affiliates', whether or not on your behalf, and whether or not with your permission) use of the Service, including without limitation claims arising out of or related to your violation of these terms of service, or your violation of the rights of another person, or the content of any quiz or content created through the Service. Should Boardhost be notified of a pending legal action, or receive notice of the filing of a legal action, Boardhost may seek written confirmation from you concerning your obligation to indemnify Boardhost, and you agree to provide such confirmation promptly.

GENERAL TERMS

Any information that is disclosed on a quiz becomes public information. You should exercise caution when deciding to dislose your personal information. To control abuse, your IP and other information about your browser and operating system may be revealed to the creator of a quiz you have taken or that you have posted comments to.

Under no circumstances may you disclose personally identifying information about or related to a person under the age of thirteen (13).

You agree that Boardhost may preserve content and membership information and may release any or all preserved content or membership information to governmental agencies, courts, or other third-parties if we believe, in our sole discretion, that you have or may have committed illegal activities, violated these terms of service, violated the rights of third-parties, impaired in any respect the ability of Boardhost to operate the Service properly, or endangered in any respect Boardhost or third-parties, or in the event that the information is subpoenaed or subject to other judicial or administrative process.

Boardhost does not claim ownership of content you provide through our service. With respect to your quizzes, their questions and answers, or comments or other content that you provide or make available through the Service, however, without limiting any other rights these usage terms afford to Boardhost, you grant Boardhost a world-wide, perpetual, royalty-free, and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display such content for the purpose of providing and promoting the Service.

You may not, in connection with your use of the Service, impersonate any individual or misrepresent your affiliation with any individual or group.

Should Boardhost decide, in its sole discretion, that it needs to discover your identity to enforce this agreement against you, you waive any right you might otherwise have had to prevent Boardhost from leaving your identity from your internet service provider.

Boardhost shall have the sole discretion as to what what constitutes a violation of any of these terms.

You may not assign or otherwise transfer this agreement.

This agreement creates no third-party beneficiaries.

CHOICE OF LAW AND FORUM

Quizcode's Terms of Service shall be governed by the laws of the State of Iowa, USA, exclusive of choice-of-law principles. You hereby consent to the exclusive jurisdiction of the courts of the State of Iowa, in Dubuque Country, Iowa, USA, or, if subject matter jurisdiction is unavailable there, to the jurisdiction of the Cedar Rapids Division of the U.S. District Court for the Northern District of Iowa, USA, in any and all disputes arising out of, or related to, your use of Boardhost's services.

SEVERABILITY

If any condition in these terms of service is found unenforceable, Boardhost reserves the right to modify the condition to comply with the law. All remaining conditions shall remain valid and enforceable.

ENTIRE AGREEMENT

These terms of service contain the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. These terms of service supersede any prior written or oral agreements between the parties.

NO WAIVER

Boardhost's failure at any time to enforce any provision of these terms of service shall not constitute a waiver or limitation of Boardhost's right subsequently to enforce every provision of the terms of service.

CREATION OF A QUIZ AND/OR QUIZCODE ACCOUNT, AND/OR POSTING COMMENTS TO OR TAKING A QUIZ CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS OF SERVICE.
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