GENERAL TERMS AND CONDITIONS (T&C)
for the use of the apps, online platform and services of the
Quiz Panda e.U. (“Quiz Panda”)
Company No. 437562z
Carl Appelstraße5/801, 1100 Wien, Austria
IMPOTRANT: Apple and Google is not a sponsor and is not involved in any way with the contest or sweepstakes.
The following Terms and Conditions (T&C) apply to all agreements between the user (“you” or “your”) on the one hand and Quiz Panda e.U. („we“, “us” or “our”) on the other hand, by using the online platforms and app „QuizPanda“ (hereinafter: “game”). Applicable is always the latest version of the T&C at the time of use. Differing, conflicting or additional terms and conditions, even if known, is not part of the contract unless we had agreed to its validity in written form.
You can access these terms at any time at http://www.quiz-panda.com/terms-conditions
We hereby explicitly disagree to any T&C from the user’s side. You will explicitly be notified for possible future changes to these T&Cs. With the continued use of the services in our game you agree to the subsequent T&C and their underlying changes.
You agree that you are at least 13 years old and that if you are between 13 years and 18 years old, your legal guardian has reviewed and agreed to these terms and is happy for you to play our Games.
Responsible for our games is Quiz Panda e.U.. The distribution of the app occurs via the respective App-Stores (especially iTunes and Google Play). The T&C underlying the use of these online stores is not subject to Quiz Panda e.U.; hence we have no influence on these terms.
The game allows you to participate on quizzes on various topics. In total you have to answer all the seven multiple-choice questions correct, to be able to gain a ticket. The ticket has only a validation, when you Log yourself in to Facebook, through the Quiz Panda App. Each Question has a limited time of 25 sec. The ticket, which you have won allows you to participate on a drawing, which will occur every two weeks. The winner will be found then through the drawing. To increase your chance to be drawn out of the pool, you should try to get as much tickets as possible. Every time when you finish the Quiz you will get a valid ticket. After each drawing, the tickets lose their validations and will be deleted from our pool.
You can play the game individually or by competing directly with other players. We hold the right to ban users that use unfair practices by trying to gain a competitive advantage outside the rules given within the app.
You acknowledge and agree that individual quizzes may be sponsored by cooperation and advertising partners and therefor may (also) pursue marketing objectives.
4. App download
We offer apps for – depending on the version: paid of free – to download to your device via the online stores (especially iTunes or Google Play). The conditions to download the app are shown on your device screen. By downloading the app, you acquire a non-exclusive, but temporally and spatially unrestricted right to save a copy of the app. You have to explicitly accepted updates of our games; this consent may be given in advance. The app is in its entirety and its parts in property of Quiz Panda e.U. and is protected by copyright.
By registering, you declare your binding consent to these T&C and that we, on our part, accept by activating your account. During registration you give consent to provide your credentials, especially your Facebook Login and Email address and you accept the latest T&C. We are entitled to refuse to activate your account without giving any reason.
Free of charge
Our game is principally free. You understand that you do not have any future legal claim deriving from the cost-free deployment of our game today. We reserve the right to discontinue the platform at any time, introduce a service charge, limit or suspend a user without giving a reason.
7. Paid services (In-Apps Buy)
The platform includes in-app buy. You agree to buy those only from us and not from a third party.
You agree that all sales by us to you are final and that we will not refund any transaction once it has been made. We reserve the right to control, change or remove any virtual money without any liability to you. Without limiting paragraph 6, if we suspend or terminate a user’s account the user will lose all the rights on his tickets and his in-app purchases.
If you live in the European Union you have certain rights to withdraw from distance purchases. However, please note that when you purchase a license to use the in-app buy from us, the performance of our services begins promptly once your purchase is complete and therefore your right of withdrawal is lost at this point. In this case, the specific online stores (iTunes or Google Play) are responsible for the manipulation of your withdrawal inquiries.
As far as the transaction is carried out via an online store such as iTunes and Google Play, a customer receipt will be issued by iTunes and Google play including the VAT, Quiz Panda e.U. as the seller and the products purchased. The settlement of the purchase and the payments are done through these online stores on your account. In this regard, the terms and conditions of the online stores are in effect and we have no influence on these.
The terms to acquire in-app buys will be displayed on your device. The billing for the utilization fee or the purchase price is done over the designated payment options in the respective online stores (iTunes and Google Play). The usage fee or the purchase price is payable immediately.
8. Cancellation or rescission (European Union)
You can access these terms at any time at http://www.quiz-panda.com/terms-conditions.
6. Free of charge
We specifically point out, that if you are living in the European Union you do not have the rights of revocation or rescission under § 18 para 1 1 FAGG (Austrian Law), if:
- the game is not stored as digital content on physical media,
- you have explicitly renounced your rights of cancelation or rescission prior of delivery (download of the game / delivery of the in app purchase)
- we have begun delivery (download of the game / delivery of the in app purchase) before the end of the withdrawal period
- you have received a confirmation of the concluded contract stored on a durable medium, on which your confirmation on your consent and acknowledgment of your rights in accordance with § 18 Abs 1 Z 11 FAGG are included.
You are, as far as you are a consumer within the meaning of the Consumer Protection Act (KSchG / FAGG), entitled by law to withdraw from distance purchases according to § 3 KSchG and § 4 Abs 1 Z 8 FAGG. The withdrawal needs to be exercised within 14 days of acceptance (=activation).
In accordance to § 3 KSchG and § 4 Abs 1 Z 8 FAGG we instruct you over your statutory rights of withdrawal:
RIGHT OF WITHDRAWAL
You have the right to cancel this contract within fourteen days without giving a reason. The revocation period is fourteen days from the date of this contract’s closing (user activation for the platform).
To exercise your right of cancellation, you must provide us, the Quiz Panda e.U. with company No. 437562z, Companies House Carl Appelstrasse 5/801, 1100 Wien, Austria, firstname.lastname@example.org, by means of a clear statement (e.g. by post mail, fax or email) information about your decision to withdraw from this contract. By submitting a withdrawal, you will receive a confirmation (e.g. per email) about the receipt of your withdrawal. To meet the cancellation deadline, it is sufficient that you send your communication concerning your desire to withdraw from this contract before the withdrawal deadline.
CONSEQUENCES OF THE WITHDRAWAL
If you withdraw from this contract, we are obliged to repay you all payments we have received from you immediately or at latest within fourteen days from the day we received your withdrawal communication. For this repayment we use the same method of payment that you used in the original transaction, unless you expressly agreed otherwise; in any case, you will not be charged any fees for such repayment.
Indefinite period: All the services from us and their underlying agreements are defined for an indefinite period. This agreement may be terminated by either party upon giving fourteen days of prior notice. After termination of the contract we are entitled to delete your account and your content immediately.
We provide all services and games subject to our technical, economic, operational and organizational possibilities. We therefore are not liable for any interruptions, failures, delays, deletions, transmission errors or memory failure in connection with the platform.
We specifically accept no responsibility for the accuracy, comprehensibility and correctness of the content (questions and answers) available in QuizPanda. We do not accept responsibility for the integrity and availability of the goods and services distributed through our games, especially through QuizPanda. These terms especially apply for any damages resulted through the shipment of the goods. The goods will be shipped and insured as effectively as possible. We explicitly do not cover the expenses for taxation, customs or any other transportation costs resulting from abandonment of the products shipped; these costs lie entirely on behave of the recipient of the goods.
You acknowledge that the games we offer also require third parties services, especially network operators. The availability of our games is therefore dependent on the technical provision of other services on which we do not have any influence.
We solely provide for remunerated services and products a guarantee under the regulations of §§ 922 ff ABGB (Austrian Civil Code).
Our liability and that of our agents, employees, contractors or other agents (“people”) is basically limited by intended or gross negligence; liability for ordinary negligence is not possible. This disclaimer does not apply to personal injury and damage to property, where we have accepted to operate. If we are excluded or limited in our liability, then this also applies for the personal liability of our “people”.
(rules do not apply to the skill based game in QuizPanda, as it is a free application)
The following conditions apply for a sweepstake competition organized by Quiz Panda e.U.:
Employees and agents of Quiz Panda e.U. and the companies involved are not eligible to participate in this sweepstake competition. Quiz Panda e.U. reserves the right to disqualify participants from the draw, if unfair influence on the competition is attempted. The winners will be determined after the competition’s conclusion and will be notified by email. The prize is not transferable. Cash out of the prize and any legal action is excluded; the participants bear the inherent tax burden.
14. User conduct and content
We provide out users the possibility to supply your specific content to our games, such as photos, text, graphics, videos, etc. (“Content”). You are responsible for your respective content. In relation to this content we take the solely role as of technical propagator / host and we do not takes any influence and no control over the quality and legitimacy of this content. Our responsibility in reference to illegitimate user content only comes to action if we have acknowledged illegal content hand we did not take any action to remove or lock it. This responsibility falls under the regulations of § 16 Abs 1 ECG. Provided that content might seem to violate the law or other user’s rights, please report this to: email@example.com
You grant us the right to use your content (except the content of direct communication between users!) for the duration of the applicable agreement a geographically and factually unrestricted, transferable, non-exclusive right for exploitation, utilization and editing right, in particular for the purpose of publication and dissemination on our platforms. We are not obliged to keep your content and information available. We may reject, shorten or delete the content of users at any time.
You must comply with the laws that apply to you in the location that you access our Games from. If any laws applicable to you restrict or prohibit you from playing our Games, you must comply with those legal restrictions or, if applicable, stop accessing and/or playing our Games. You promise that all the information you provide to us on accessing and/or playing our Games is and shall remain true, accurate and complete at all times.
Information, data, software, sound, photographs, graphics, video, tags, or other materials may be sent, uploaded, communicated, transmitted or otherwise made available via our Games by you or another user (“Content”). You understand and agree that all Content that you may be sent when playing our Games, whether publicly posted or privately sent, is the sole responsibility of the person that sent the Content. This means that you, not us, are entirely responsible for all Content that you may upload, communicate, transmit or otherwise make available via our Games.
You agree not to upload, communicate, transmit or otherwise make available any Content:
- that is or could reasonably be viewed as unlawful, harmful, harassing, defamatory, obscene or otherwise objectionable;
- that is or could reasonably be viewed as invasive of another’s privacy;
- that is likely to, or could reasonably be viewed as likely to incite violence or racial or ethnic hatred;
- which you do not have a right to make available lawfully (such as inside information, information which belongs to someone else or confidential information):
- which infringes any intellectual property right or other proprietary right of others;
- which consists of any unsolicited or unauthorised advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’ or any other form of solicitation; or
- which contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
You agree that you will not:
- use our Games to harm anyone or to cause offence to or harass any person;
- create more than one account per platform to play our Games;
- use another person or entity’s email address in order to sign up to play our Games;
- use our Games for fraudulent or abusive purposes (including, without limitation, by using our Games to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or our Games);
- disguise, anonymise or hide your IP address or the source of any Content that you may upload;
- use our Games for any commercial or business purpose or for the benefit of any third party or to send unsolicited communications;
- remove or amend any proprietary notices or other ownership information from our Games;
- interfere with or disrupt our Games or servers or networks that provide our Games;
- attempt to decompile, reverse engineer, disassemble or hack any of our Games, or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed or stored by us;
- ‘harvest’, ‘scrape’ or collect any information about or regarding other people that play our Games, including, but not limited to any personal data or information (including by uploading anything that collects information including but not limited to ‘pixel tags’ cookies, graphics interchange formats (‘gifs’) or similar items that are sometimes also referred to as ‘spyware’ or ‘pcms’ (passive collection mechanisms);
- sell, transfer or try to sell or transfer an account with us or any part of an account including any Virtual Currency or Virtual Goods;
- disrupt the normal flow of a Game or otherwise act in a manner that is likely to negatively affect other players’ ability to compete fairly when playing our Games or engaging in real time exchanges;
- disobey any requirements or regulations of networks connected to our Games;
- use our Games in violation of any applicable law or regulation;
- use our Games to cheat or design or assist in cheating (for example, by using automated means or third party software to play), or to otherwise circumvent technological measures designed to control access to, or elements of, our Games, or to do anything else that a reasonable person is likely to believe is not within the spirit of fair play or these terms; or
- use our Games in any other way not permitted by these terms.
You understand that when playing our Games, you may be exposed to Content that you may consider offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any losses or harm of any kind resulting from the use of any Content posted, emailed, transmitted or otherwise made available via our Games.
We have the right to remove uploaded Content from our Games if we decide in our sole discretion that it results in or from a breach of any part of these terms, or that it may bring us or our Games into disrepute. We reserve the right to monitor any and all Content for any breaches of these terms. However, you acknowledge that we do not necessarily actively monitor Content that is contributed by people that play our Games and we make no undertaking to do so.
You are solely responsible for your interactions with other users of our Games.
We allow access of online services via links to content of external parties on which we have no influence on and thus we shall not be held responsible for it. If these links provide illegal content, please refer and report it to firstname.lastname@example.org
- to allow us to recognize users and their devices, for example by identifying the IP address;
- to allow our Services to interact with a third party social network or platform (where you have chosen to allow such interaction);
- to allow our payment processors to process your payment instructions;
- to provide you with more customized Services, for example to provide our Services in the correct language;
- to obtain data which will allow us to understand how people are using our Services so that we can improve them.
Any personal information that we may collect may also be subject to the policy of any social network that you may agree to link our Games to. If you play our Games and you agree to allow them to interact with a social network you are giving us permission to use your email address and other personal information which that social network shares with us that will allow us to personally identify you. You are also granting us permission to help your contacts on that network find you so that you can play socially. This is intended to make our Games more enjoyable for you and others that play our Games on the social network. If you do not agree to these practices you should not allow our Games to interact with your social network.
17.2. We are constantly innovating and looking for new ways to improve our Services and our games. We may therefore amend this T&C from time to time to reflect such improvements or any other changes to our business. We will endeavour to tell you about any significant changes to this T&C which we feel may disadvantage you in any material way. If you object to any of the changes you should immediately stop using our Services and close any account you may have with us.
We specifically point out, that we keep our right, to draw a new person for the prize, if the first winner will not respond to our message, which is send via facebook-message.
The winner has 10 days time, from the point where we send him or her the message, to answer us.
If the time has passed, and we did not get any respond from the winner, we have the right to draw a new winner, and understand that the first winner does not want the prize and therefore the first winner loses all the rights for the prize.
19. Applicable Law / Jurisdiction / Place of Performance
This T&C is governed by and interpreted in accordance with the laws of Austria.
The place of jurisdiction for all disputes arising directly or indirectly out of this contract will take place in 1030 Vienna in a local and competent Austrian court.
In any case it is agreed that an Austrian court is responsible for the place of jurisdiction.
The place of performance for contractual services is in 1030 Vienna.