Terms of Use

Last Updated: 10 June 2017

Welcome to the Zookal Services Pte Ltd (“Zookal”) Terms of Service (the “Terms”). Please read these Terms carefully because they govern your use of our mobile device applications (“Apps”) and online games.

Agreement to Terms

By accessing our app, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the app.

Changes to Terms

We may change the Terms at our discretion and at any time. We will communicate this to you by announcing the modifications or through other alternative communication methods. Please review the changes we make as if you continue to use the app after we have posted changes, you are agreeing to be bound by these changes to the Terms. Please do not use the app if you do not agree to be bound by the changes.

Creating an Account

In order to access and use the app, you will need to register and create an account (your “Account”). By creating an Account, you represent that you are 13 years or older and are not barred from using the app under applicable law. When creating an Account, you may be required to provide certain personal information about yourself and will establish a username and a password. You agree to provide accurate, current and complete information about your Account.

When creating an Account, don’t:

  • provide any false personal information to us (including a false username) or create any Account for anyone other than yourself without such other person’s permission;
  • use a username that is the name of another person with the intent to impersonate that person;
  • use a username that is subject to rights of another person without appropriate authorization; or
  • use a username that is offensive, vulgar or obscene or otherwise in bad taste.
  • register more than one account with the purpose of creating a “dummy” account. Zookal may decide at its sole discretion that the account in question is “dummy” and terminate the account.

We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the app that violates our terms of service. You are responsible for maintaining the confidentiality of your password and Account, and agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for activities that occur under your Account.

You can link your Account to various webmail, social networking, and other online accounts. You may only link your own accounts. We will access and retrieve your account information from these sites on your behalf (in some cases, by using your username and password) to make certain information or services available to you through the app. By linking your other accounts, you expressly authorize us to access your account information from those third party accounts, on your behalf and permit us to access, use and, in some cases, store your account information to accomplish the foregoing.

Feedback

We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at support@quizinfinity.co. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

Privacy policy

Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users.

Payment policy

If you make a payment on any Zookal service, you agree to our payment terms.

Content on the Services

Subject to your compliance with these terms of service, Zookal grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to access and view the Content solely in connection with your permitted use of the app and solely for your personal and non-commercial purposes.

The Content available through the app has not been verified or authenticated by us, and may include inaccuracies or false information. We make no representations, warranties, or guarantees in connection with our app or any Content on the app, relating to the quality, suitability, truth, accuracy or completeness of any content contained in the app. You acknowledge sole responsibility for and assume all risk arising from your use or reliance of any Content.

Inappropriate Content

Zookal is not responsible for content that might be offensive, harmful or inaccurate. Zookal cannot monitor all chats and communication between players and players can be exposed to rude or offensive language or references. You agree that under no circumstances will Zookal be liable for any content or derivative loss or damage of any sort incurred via the app or broadcast elsewhere.

Rights and Terms for Apps

Subject to your compliance with these Terms, you have the right to download and install a copy of any App(s) to your mobile device, and to access and use the app, for your own personal use. With respect to each App you download, you may not: (i) copy, modify or distribute the App for any purpose; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute the App to any third party; (iii) decompile, reverse-engineer, disassemble, or create derivative works of the App or the Services; (iv) make the functionality of the App available to multiple users through any means; or (v) use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms. The use of all kinds of “boosters” or effects not obtained in the Zookal services is forbidden and is not usable as such.

The following terms apply to any App accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the App is made available (each, an “ App Provider”). You acknowledge and agree that:

  • These Terms are concluded between you and Zookal, and not with the App Provider, and that Zookal (not the App Provider), is solely responsible for the App.
  • The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
  • In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Zookal.
  • The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  • In the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Zookal will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
  • The App Provider, and its subsidiaries, are third party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third party beneficiary thereof.
  • You must also comply with all applicable third party terms of service when using the App.

Our App may change from time to time and/or we may stop (permanently or temporarily) providing the Services (or features within the Services), possibly without prior notice to you. Our App may include advertisements, which may be targeted to the content or information on the App, queries made through the App, or from other information. The types and extent of advertising on the App are also subject to change over time. In consideration for providing you the App, you agree that we and our third party providers and partners may place advertising on our App or in connection with the display of content or information on our App.

In App purchases

Zookal may conduct promotions through Quiz Infinity, including, without limitation, in-app purchases and other contests. Each promotion may have additional Terms and rules, which will be posted or otherwise made available to you, and for purposes of each Promotion, will be deemed incorporated into and form a part of this agreement.

The price payable by you is the price indicated on the applicable website for the Application or in the Application itself. You agree to pay taxes that we or our agent assesses on your purchase. If you are resident in Europe, the price includes any applicable VAT. We reserve the right to change the price and specifications shown in relation to any Application or promotion.

DMCA/Copyright Policy

Zookal respects copyright law and expects its users to do the same. It is Zookal’s policy to terminate in appropriate circumstances Account holders who repeatedly infringe the rights of copyright holders.

Links to Third Party Websites or Resources

The App may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such sites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

Unauthorized Activities

Our Services may be used and accessed for lawful purposes only. You agree that you will not do any of the following while using or accessing the Services: (i) attempt to access or search the App or download Content from the App through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third party web browsers; (ii) access, tamper with, or use non-public areas of the App, our computer systems, or the technical delivery systems of our providers; (iii) gather and use information, such as other users’ names, real names, email addresses, available through the App to transmit any unsolicited advertising, junk mail, spam or other form of solicitation; (iv) use the App for any commercial purpose or for the benefit of any third party or in any manner not by these Terms; (v) violate any applicable law or regulation; or (vi) encourage or enable any other individual to do any of the foregoing. We reserve the right to investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.

Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Zookal, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) your use of and access to the App; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Services.

Termination

We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you.

Upon any termination, discontinuation or cancellation of your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

Warranty Disclaimers

The App and Content are provided “AS IS,” without warranty of any kind including explicitly disclaiming any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement and any warranties arising out of course of dealing or usage of trade. We make no warranty that the App will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.

Limitation of Liability

Neither Zookal nor any other party involved in creating, producing, or delivering the services or content will be liable for any incidental, special, exemplary or consequential damages, such as lost profits, loss of data or goodwill, service interruption, computer damage or system failure arising out of or in connection with these terms or from the use of or inability to use the App or content, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Zookal has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

In no event will Zookal’s total liability arising out of or in connection with these terms or from the use or or inability to use the App exceed $100 Singapore Dollars. THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Zookal AND YOU.

Dispute Resolution

Governing Law

These Terms and any action related thereto will be governed by the laws of the Singapore without regard to its conflict of laws provisions.

General

These Terms constitute the entire and exclusive understanding and agreement between Zookal and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Zookal and you regarding the App and Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.