Last updated: March 18, 2020
These Terms and Conditions are effective upon acceptance for new users, and from March 18, 2020 for existing users.
Please read these Terms and Conditions (“Terms”) carefully before obtaining services providing access and use of the platform “myQuiz” (“Services”) located on http://myQuiz.ru (“Website”) and add-on services associated with the Website.
By accessing or using the Services, you agree that you have read and understood and agree to be bound by these Terms and any additional terms and policies of WaveAccess Limited Liability Company (“WaveAccess”) which may be introduced, updated and / or altered from time to time. If you do not accept all of these Terms, then you may not use Services. Your continued use of the Services after we make changes is deemed to be acceptance of those changes, so please check the Terms periodically for updates.
By agreeing to these Terms, you represent and warrant to WaveAccess that:
If you are an entity, organization, or company, the individuals accepting these Terms on your behalf represent and warrant that they have authority to bind you to these Terms, and references to you herein (and all of your obligations hereunder) will refer to such entity and any individual using the Services on such entity’s behalf.
To access the Services, you must create a user account. When you create a user account, you may be required to provide WaveAccess with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to WaveAccess is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you consider that your account is no longer secure, then you must immediately notify WaveAccess at firstname.lastname@example.org.
Subject to your complete and ongoing compliance with the present Terms, WaveAccess grants you limited, non-exclusive, non-transferable, non-sublicensable, revocable permission to access and use the myQuiz platform for your personal, internal use during the period of the Terms at the level of services for which you have paid all applicable fees.
You represent and warrant that you will comply with all laws and regulations applicable to your use of the Services.
Except and solely to the extent such a restriction is impermissible under applicable law, you may not:
If you are prohibited under applicable law from using the Services, you may not use them.
The Services and myQuiz platform are the property of and operated by WaveAccess. The myQuiz platform is not sold or transferred to you. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, templates, and all other elements of the Services and myQuiz platform (“Materials”) provided by WaveAccess are protected by intellectual property and other applicable laws. Except as expressly authorized by WaveAccess, you may not use the Materials. WaveAccess reserves all rights to the Materials not granted expressly in these Terms.
All WaveAccess trademarks, service marks, trade names, logos, domain names, and any other features of the WaveAccess brand are the sole property of WaveAccess. You are not granted any rights to use any WaveAccess brand features whether for commercial or non-commercial use unless otherwise stated in the present Terms or other agreements between WaveAccess and you.
The Services are integrated with or may otherwise interact with third party applications, websites, services and devices (“Third Party Components”) to make the WaveAccess Services available to you. These Third Party Components may have their own terms and conditions of use and privacy policies and your use of these Third Party Components will be governed by and subject to respective terms and conditions and privacy policies. You understand and agree that WaveAccess does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or Device or for any transaction you may enter into with the provider of any such Third Party Applications and Devices, nor does WaveAccess warrant the compatibility or continuing compatibility of the Third Party Applications and Devices with the Service.
Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third Party Components under the applicable third party licenses or to limit your use of Third Party Components under those third party licenses.
For the provision of the Services you provide WaveAccess photos, video, images, data, text, and other types of works (“Content”). You retain any copyright and other proprietary rights that you may hold in the Content that you provide WaveAccess. On the other hand, you provide the following rights and permissions to WaveAccess.
You grant WaveAccess a worldwide, royalty free right and license to use, reproduce, host, store, transfer, display, modify, adapt, create derivative works, and otherwise exploit your content, in whole or in part, but only for the purposes of providing the Services to you. This license for such purposes continues even after you stop using the Services, with respect to aggregate and de-identified data derived from your content and any residual backup copies of your content made in the ordinary course of WaveAccess business. This license also extends to any trusted third parties WaveAccess works with to the extent necessary to provide the Services to you. If you provide WaveAccess with feedback about the Services, WaveAccess may use your feedback without any obligation to you.
In consideration for the rights granted to you under the Terms, you grant WaveAccess the right:
WaveAccess disclaims any and all liabilities in connection with your content. You are solely responsible for your content and the consequences of providing content via the platform “myQuiz”. By providing content via the platform “myQuiz”, you affirm, represent, and warrant that:
If you believe that any Content infringes your intellectual property rights or other rights, you may contact WaveAccess at the addresses specified on Website and in the Terms.
If WaveAccess is notified about infringement, WaveAccess may in its sole discretion remove such Content from the “myQuiz” platform, or take other steps that WaveAccess deems appropriate, without prior notification to the user or other party who supplied that Content. If such user or other party believes that the Content is not infringing, this user or party may in certain circumstances submit a counter-notification to WaveAccess with a request to restore the removed content, which WaveAccess may or may not honor, in its sole discretion.
WaveAccess will make reasonable efforts to keep the Services operational. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions. WaveAccess reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Services, all without liability to you, for any interruption, modification, or discontinuation of the Services or any function or feature thereof. Notwithstanding the foregoing, if you have prepaid fees to WaveAccess for paid subscriptions that WaveAccess permanently discontinues prior to the end of the prepaid period, WaveAccess will refund you the prepaid fees for the prepaid period after such discontinuation. You understand, agree, and accept that WaveAccess will make reasonable efforts, although it has no obligation to maintain, support, upgrade, or update the Services.
WaveAccess may change the Terms at any time at its own discretion. The most current version of the Terms will always be posted on the Website. Changes will become effective for you upon the earlier of (1) your acceptance of the modified Terms, (2) your use of the Services with actual knowledge of the modified Terms, or (3) 30 (thirty) days following WaveAccess publication of the modified Terms through the Website. If you do not want to agree to any changes made to the Terms, you should stop using the Services.
The Terms are effective beginning when you accept the Terms or first access, or use the ‘myQuiz” platform, and ending when terminated by either you or WaveAccess.
WaveAccess may terminate the Terms or suspend your access to the Services at any time, including in the event of your actual or suspected unauthorized use of the Services, or non-compliance with the Terms, or if WaveAccess withdraws the Services (in which case WaveAccess shall provide you with reasonable notice in advance of doing so). If you or WaveAccess terminate the Terms, or if WaveAccess suspends your access to the Services, you agree that WaveAccess shall have no liability or responsibility to you, and WaveAccess will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. You may terminate your account and the Terms at any time.
Upon termination of the Terms: (a) your license rights will terminate and you must immediately cease all use of the Services; (b) you will no longer be authorized to access your account or the Services; (c) you must pay WaveAccess any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 3.2, 3.3, 5, 6, 8, 10, 11, 12, 13, 14, 15 herein will survive.
You are responsible for your use of the Services, and you will defend and indemnify WaveAccess and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with:
Except as expressly provided in the Terms and to the extent permitted by applicable law, the Services and all materials available through the Services are provided “as is” and on an “as available” basis. WaveAccess does not make warranties of any kind, express, implied, or statutory, including: (a) any warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, availability, reliability, accuracy, or non-infringement of the Services; and (b) any warranty arising out of course of dealing, usage, or trade.
WaveAccess does not warrant that the Services or any portion of the Services, or any materials offered through the Services, will be uninterrupted, secure, or free of errors, viruses, or other harmful components, and WaveAccess does not warrant that any of those issues will be corrected.
In addition, WaveAccess makes no representation nor does it warrant, endorse, guarantee, or assume responsibility for any third party applications (or the content thereof), devices or any other product or service advertised, promoted or offered by a third party on or through the Services or any hyperlinked website, or featured in any banner or other advertising and WaveAccess is not responsible or liable for any transaction between you and third party providers of the foregoing.
No advice or information, whether oral or written, obtained by you from the Services or WaveAccess or any materials available through the Services will create any warranty regarding any of the WaveAccess or the Services that are not expressly stated in the Terms. WaveAccess is not responsible for any damage that may result from the Services. You understand and agree that you use any portion of the Services at your own discretion and risk, and that WaveAccess is not responsible for any damage to your property (including your computer system or mobile device used in connection with the Services) or any loss of data.
However, WaveAccess does not disclaim any warranty or other right that WaveAccess is prohibited from disclaiming under applicable law.
To the extent permitted by applicable law, WaveAccess, its affiliates, officers, employees, agents, suppliers, and licensors will not be liable for (1) any indirect, consequential, special, incidental, punitive, or exemplary damages whatsoever, or (2) loss of use, data, business, revenues, or profits (in each case whether direct or indirect), arising out of or in connection with the Services and the Terms, and whether based on contract, tort, strict liability, or any other legal theory, even if WaveAccess has been advised of the possibility of such damages and even if a remedy fails of its essential purpose.
To the extent permitted by applicable law, the aggregate liability of each of WaveAccess, its affiliates, officers, directors, employees, consultants, subsidiaries, agents, suppliers, and licensors arising out of or in connection with the Services and the Terms will not exceed the amount paid by you to WaveAccess for use of the disputed Services (monthly or annual subscription, one-time usage of the Services for particular event and particular add-on service).
Nothing in the Terms removes or limits WaveAccess liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence.
The Terms (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of Russian Federation, without regard to choice or conflicts of law principles.
You agree that by accepting the Terms, you and WaveAccess are each waiving the right to trial by jury and the ability to participate in a class action.
If you intend to seek litigation, you must first send to WaveAccess, by certified mail, a written Notice of Dispute ("Notice"). The Notice to WaveAccess must be sent to email@example.com. The Notice shall describe the nature and basis of the claim or disputes and the specific relief sought. If you and WaveAccess cannot reach an agreement to resolve the claim within thirty (30) days after the Notice is received, either party may commence proceedings.
You agree that exclusive jurisdiction for any claim or dispute with WaveAccess or relating in any way to your use of the Services resides in the courts of Saint Petersburg and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Saint Petersburg, in connection with any such dispute and including any claim involving WaveAccess. You agree that any cause of action or claim that you may have with respect to your use of the Services must be commenced within one year after the act or omission giving rise to the claim or cause of action arose.
Other than as stated in this section or as explicitly agreed upon in writing between you and WaveAccess, the Terms constitute all the terms and conditions agreed upon between you and WaveAccess and supersede any prior agreements in relation to the subject matter of the Terms, whether written or oral.
Please note, however, that the use of certain Services may be governed by additional agreements. When you are presented with an offer for use of such Services, you will be presented with any related additional agreement, and you may have an opportunity to agree to additional terms. Some of those additional terms are listed on Website. To the extent that there is any inconsistency between any additional terms and the Terms, the additional terms shall prevail.
Unless as otherwise stated in the Terms, should any provision of the Terms be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Terms, and the application of that provision shall be enforced to the extent permitted by law.
WaveAccess may assign the Terms and other agreements, and any of its rights and obligations under the Terms and agreements, in whole or in part. You may not assign the Terms and agreements, in whole or in part, nor transfer or sub-license your rights under the Terms and agreements, to any third party.
The relationship between you and WaveAccess is that of independent contractors. Nothing herein shall be construed to create the relationship of partners, principal and agent, or joint-venture partners.
By using the Services, you consent to receiving certain electronic communications from WaveAccess, and that your email and address details will be retained and added to our mail-out list. You will thus periodically be contacted by WaveAccess, and only WaveAccess, with information regarding latest news, services and offers. You may opt out at any time by writing to WaveAccess or emailing WaveAccess and putting 'unsubscribe' in the subject line and / or message body. You will immediately be taken off the mailing list. You agree that any notices, agreements, disclosures, or other communications that WaveAccess sends to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
If you still have any questions after reading, please contact us:
bld. 11, unit 2, lit. A, Kamennoostrovskiy ave
Saint-Petersburg, Russia, 191186
Phone: +7 812 326 86 26
Fax: +7 812 326 86 26