1. The Website
  1. The website quizit.net (the "Website") is owned and operated by OpenLX SP Ltd. References to "we", "us" or "our" refer to OpenLX SP Ltd. OpenLX SP Ltd is a company registered in England and Wales (No. 07613879) of 52 Park Lane Royton, OL2 6PU. The Website provides a subscription service that allows subscribers to run quizzes to be played by players over the Internet (the "Services").
  2. We process information about you in accordance with our Privacy Policy. By using our Website, you consent to such processing and warrant that all data provided by you is accurate to your best endeavours.
  1. Acceptance of Terms and Conditions
  1. These terms (the “Terms”) form a legal agreement between you and us regarding your use of the website. You agree to be legally bound by the Terms when you use the website. If you do not agree to the Terms you may not use the website.
  2. We may amend these terms and conditions from time to time.You can review the most current version of the Terms at any time on this page. Where you have a non-zero fee subscription and provided us with an email address, we will use that email to send notice of changes at least 30 days before such changes apply to you. You must check the Terms before using the website to ensure you understand the terms and conditions that apply at that time.
  3. Any new features that are added to the website shall also be subject to the Terms.
  1. Subscribers
  1. To use the website to run a quiz or use the quiz API you must register for a subscription. To become a subscriber you must be:
  1. at least 18 years of age
  2. located in the United Kingdom, the Channels Islands or the Isle of Man
  3. a natural person (i.e. not a company or other business entity).
  1. To register you must provide us your name, email address and a secure password.
  2. To subscribe to a plan with a non-zero fee you must provide a valid method of payment for us to charge you the periodic cost of your plan.
  3. Subscriptions are not transferable and therefore cannot be sold or traded.
  1. Plans and Billing
  1. Your subscription will continue until terminated. Unless you cancel your subscription before your Next Billing Date, your subscription will continue for another subscription period and you authorise us to charge you the periodic subscription fee.
  2. We offer a range of plans that offer different features and periods. Each plan has a subscription fee for the subscription period of that plan.
  3. The first payment for a plan will be due on the day the plan commences and we will attempt to take payment then. Subsequent payments are due and will be taken periodically, the period being that of the subscription plan you selected.
  4. The date when your next payment is due is your “Next Billing Date” which you can see from the update billing page.
  5. Your payment date may change, for instance, if you change plans, if we are not able to successfully take payment or if your subscription began on a day not contained in a given month (e.g. where the day of the month of your billing date does not exist in the month then payment will be taken on the final day of that month).
  6. You authorise us to charge any payment method associated with your account in case your primary payment method is declined or no longer available for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the Service(s) until we have successfully received funds due.
  7. Your periodic subscription cost is inclusive of any applicable VAT or other taxes.
  8. You can update your payment methods by going to the ‘manage payments’ page. We may also update your payment methods using information provided by the payment service providers. Following any update, you authorise us to continue to charge the applicable payment method(s).
  9. We may change our subscription plans and subscription fees from time to time. We will give you at least 30 days notice to the email address you registered with of any such changes. Changes to subscription fees will apply from your Next Billing Date that is 30 days or more in the future of the day we send notice. If you do not agree with the changes you should cancel your subscription before the changes come into effect.
  10. Where we change our non-zero fee subscription plans and the changes are to your disadvantage we will allow you to elect to close your plan or move to another plan on the day the changes come into effect and refund any
  1. Cancellation and changing plans
  1. You can elect to cancel your subscription at any time by choosing cancel from subscription page. When you request cancellation you continue to have access to the features of your plan until your Next Billing Date. If you cancel a plan it will automatically close at the end of your current billing period.
  2. When a non-zero fee subscription commences we commence providing services to you immediately. As such, in accordance with the Consumer Rights Act 2015 you do not have the statutory right to cancel.
  3. Unless required to do so by applicable law or , we do not provide refunds for partial billing cycles.
  4. You can view the current state of your plan, its Next Billing Date and, where you have requested cancellation, the date your plan will close from subscription page.
  5. You can elect to change your subscription plan at any time by choosing a different plan from subscription page.
  6. When you elect to change to a new plan and it is an upgrade, we will close your old plan on that day and deduct the pro-rated fee for the old plan for the time remaining until your Next Billing Date from the first payment for the new plan. The new plan will commence from that day and the remaining cost of the new plan will be due immediately. The subscription period and subscription fee will change to the new plan.
  7. When you elect to change to a new plan and it is a downgrade, you will continue to have access to all the features of the old plan until your Next Billing Date, upon which the new plan will commence.
  8. If your use of the Website violates the Terms, we reserve the right to suspend access or delete your subscription.
  1. Passwords and Account Access
  1. When you register on the website you create an account with a username and password that is personal to you.
  2. You must use a strong password and keep it secure.
  3. You are responsible for keeping your password secret and your account secure. You are solely responsible for any activity on our website arising out of the use of your account, even if your account is used by another person. You may be held liable for any losses from your failure to keep your account secure.
  4. You may not use another person's subscription without our written permission.
  5. You may not share your access with another person or allow another person to use your login.
  6. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft, or unauthorised disclosure of your password), you must change your password immediately. If you cannot access your account to change your password, notify us at support@quizit.net.
  7. You may delete your account through the delete account page. Deleting your account will request the cancellation of any subscription you may have.
  1. Website Use
  1. You and the participants of a quiz hosted on the Website are responsible for providing the Internet connection to the Website that is able to deliver sufficient bandwidth and low latency. Accessing the Website may incur costs, charges or other expenses from your Internet service provider or network operator which you are solely responsible for.
  2. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
  3. You agree not to:
  1. remove, modify, block, disable, obscure any copyright, trademark or other intellectual property notices;
  2. use the Website to advertise or offer to sell goods and services;
  3. use the Website to send any unsolicited or unauthorised spam or advertising material;
  4. use the Website for, or in connection to, any commercial purpose;
  5. embed, or frame the Website or its content;
  6. remove, modify, block, disable, obscure or impair any promotional material, sponsorship or advertising;
  7. attempt to impersonate another user or person or use the username of another user;
  8. mislead, trick, or defraud us or other users, especially in any attempt to learn sensitive account information such as user passwords;
  9. sell or otherwise transfer your account or subscription;
  10. introduce upload or transmit to the Website (or attempt to introduce, upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”);                 
  11. other than using using the API we may provide you as part of your particular plan, engage in any automated access or interaction with the website, such as using scripts to send comments or messages;         
  12. make any unauthorized use of the Website, including (without limitation) collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences;                  
  13. circumvent, disable, or otherwise interfere with security-related features of the Website, including any features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Website and/or the content contained therein;
  14. attempt to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of it;
  15. upload, transmit (or attempt to upload or to transmit) or by any other means introduce any virus, Trojan horse, logic bomb or other material that is malicious or technologically harmful;
  16. use the Website to transmit threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous or inflammatory content or content that would be in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
  17. use the website to transmit data containing a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism;
  18. use the Website or any information obtained from the Website to harass, abuse, harm, embarrass, alarm or cause distress to another person;
  19. intimidate, or threaten any of our employees or agents engaged in providing the Service(s) to you; or
  20. use the Website in a manner inconsistent with any applicable laws or regulations or that gives rise to civil liability.
  1. You must not gain or attempt to gain unauthorised access to the Website, the server on which our site is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. You must not engage in actions that interfere with, disrupt, or create an undue burden on the Website or the networks or services connected to the Website or cause damage to the Website or its content and stored data, its servers, systems or computing infrastructure.
  2. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990 (as amended). We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
  3. You agree to compensate us in full in respect of any losses, liabilities, damages, expenses or costs (including legal fees and expenses) that we may suffer as a result of any claim, suit or proceeding brought against us by a third party that arises from your use of the Website in breach of these Terms or from your violation of any applicable law or regulation.        
  4. We will determine, in our discretion, whether there has been a breach of these Terms through your use of our Website. When a breach has occurred we may take such action as we deem appropriate.
  5. Action we take may include the following actions:
  1. immediate, temporary or permanent withdrawal of your right to use our Website;
  2. immediate, temporary or permanent removal of any posting or material uploaded by you to our Website;
  3. issuance of a warning to you;
  4. legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
  5. further legal action against you; and/or
  6. disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
  1. The responses described in these Terms are not limited and we may take any other action we reasonably deem appropriate.
  1. Intellectual property rights
  1. Unless otherwise explicitly stated, we are the owner or licensee of all intellectual property rights in our website (including software, text, graphics, photographs and other images, videos, sound, trademarks and logos). These works are protected by international copyright laws and treaties. All such rights are reserved.
  2. For the avoidance of doubt; you may only use our quiz questions and answers for quizzes hosted on and run from the Website. You may not download, copy questions and answers or use them in a quiz where the participants of the quiz are not using the Website to play the quiz.
  3. Except as may be permitted by law, you may not reproduce, duplicate, modify, copy, de-compile, reverse engineer, sell, resell or exploit for any commercial purpose any of the materials, software or content on the Website without our written permission. Use of the Website is restricted to personal, non-commercial use only.
  1. External Links
  1. From time to time this Website may also include links to other websites that we do not control. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s) or information they may contain. We have no responsibility for the content, privacy policies or operation of such linked website(s), or for anything provided (or not provided) by the third parties controlling such linked websites and do not accept any liability for them.
  1. User generated content
  1. Unless otherwise agreed you retain ownership rights to any contribution you make on this Website.
  2. For the purposes of the Terms, "user generated content" includes any quiz questions, answers to quiz questions and their associated media or resources, comments, forum posts, or links to third party websites that a user submits to the Website.
  3. By submitting a contribution to this Website (including without limitation any text, photographs, graphics, video or audio) you agree to grant to us a perpetual, royalty-free, non-exclusive, transferable right and licence to use, reproduce, modify, adapt, publish, translate, distribute, create derivative works from, perform, play, make available to the public and exercise all copyright or similar rights (including publicity rights) in your contribution worldwide and/or to incorporate your contribution in other works in any media now known or developed in the future for the full term of any rights that may exist in your contribution. IF YOU DO NOT WISH TO GRANT THESE RIGHTS TO US PLEASE DO NOT SUBMIT YOUR CONTRIBUTION TO THIS WEBSITE.
  4. Any content you submit to our site will be considered non-confidential and non-proprietary.
  5. Any user-generated content must:
  1. be accurate (where they state facts);
  2. be genuinely held (where they state opinions);
  3. be appropriate; and
  4. comply with the law applicable in England and Wales and in any country from which it is posted.
  1. You warrant that any such contribution does comply with all terms of use of this Website, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. In particular we draw your attention to the section ‘Website Use’ in these Terms and any user-generated content must comply with the spirit as well as the letter.
  2. We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, their right to privacy, or that your content is unlawful.
  3. We have the right to remove any posting you make on our site if, in our opinion, it is in breach of our Terms or does not comply with applicable laws.
  4. You are solely responsible for your user content and the consequences of posting, creating, or publishing it. By uploading, submitting, creating, or publishing your user content to or through the Website, you affirm, represent, and warrant that
  1. you are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorise us and other users to use and distribute your user-generated content as necessary to exercise the licenses granted by you in these Terms and in the manner contemplated by us and these Terms;
  2. your user content does not and will not:
  1. infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right or any other intellectual property or proprietary right or;
  2. slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; and
  3. your user contributed content does not contain any viruses, adware, spyware, worms, or other malicious code.
  1. You are solely responsible for securing and backing up your content.
  2. When you use the Website you will be exposed to user content from a variety of sources, and we are not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such user content. You may be exposed to user content that is inaccurate, offensive, indecent or objectionable, and you hereby waive any legal or equitable rights or remedies you have or may have against us in this respect.
  3. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user.
  4. We are not responsible for viruses and you must not introduce them.
  5. We may permit users to share their user content with a select group of other users, or make their user content public for all to view. You acknowledge and agree that, although the site may provide certain features intended to allow you to restrict some user content you create from others, we cannot guarantee that such user content will never be accessible by others. In the event of unauthorised access, we will use reasonable efforts to notify you but we shall not be liable for any loss with respect to any unauthorised access to user content.
  1. Limitation of Liability
  1. We do not exclude, limit or seek to exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation or any other liability to the extent the same may not be excluded or limited as a matter of law.
  2. Whilst we do take reasonable precautions to prevent the occurrence of computer viruses and/or other malicious programmes, we do not guarantee that they will not be present.
  3. We do not guarantee that our Website will be secure or free from bugs or viruses.
  4. All services are provided on an ‘as is’ and ‘as available’ basis.
  5. Whilst we endeavour to ensure that this website is normally available 24 hours a day, we will not be liable if for any reason the website is unavailable at any time or for any period.
  6. We take care in the production of the Website and its content but we cannot promise it will be free from errors or omissions. We make reasonable efforts to ensure the information on our Website is correct, but we make no representations, warranties or guarantees, whether express or implied as to its accuracy.
  7. We create the Website to work with devices and software that are modern W3C standards compliant. Some devices and web browsers are not standards compliant. As such we can make no guarantee that all or any features of the Website will work on any particular device.
  8. We only provide the Website for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  9. In no event shall we be liable for any damages including, without limitation, any special, indirect or consequential damages or any damages whatsoever arising from use or loss of use, data, or profits, whether in action of contract, negligence or other tortious action, arising out of, or in connection with, the use or inability to use the Site.
  10. Except as set out elsewhere in these Terms our maximum liability to you, (whether in contract, tort, (including negligence), breach of statutory duty or otherwise), arising out of or in connection directly or indirectly with your use, inability to use, or results of the use of the Website, Website content or our Services shall not exceed in aggregate the greater of £1 and/or the total amount paid by you to us for the Services in the month preceding any such claim. Please note that this does not affect your statutory rights.
  11. Where content on our Website has been provided by our users or a third party we are not responsible for that content. The views expressed by those third parties do not represent our views or values.
  12. We will not be responsible for any damage or loss caused by us where the damage or loss is not reasonably foreseeable to you and us when you use the Website, including where the damage or loss results from our breach of these Terms. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
  13. You must keep an adequate back-up of all user generated content and we will not be responsible or liable for any deletion, correction, destruction, damage, loss or failure to store or back-up any user generated content.
  14. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
  15. Except as set out elsewhere in these Terms we will not be liable if all or part of our Website is unavailable.
  1. Electronic Communications.
  1. We will send you information relating to your account (e.g. confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration.
  1. Assignment by us
  1. You agree that we may assign any of our rights and/or transfer, sub-contract or delegate any of our obligations under these Terms. These Terms are personal to you and you may not assign any of your rights or transfer, sub-contract or delegate any of your obligations under these Terms.
  1. No Waiver
  1. If we delay exercising or fail to exercise or enforce any right available to us under these Terms, such delay or failure does not constitute a waiver of that right or any other rights under these Terms.
  1. Force Majeure
  1. We will not be liable to you for any lack of performance, or the unavailability or failure, of this website or our services, or for any failure by us to comply with these Terms, where such lack, unavailability or failure arises from any cause reasonably beyond our control.
  1. Third party rights
  1. Nothing in these Terms confers on any third party any benefits under the provisions of the Contracts (Rights of Third Parties) Act 1999.
  1. Applicable law
  1. These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales. Disputes arising from the use of the website and services are subject to the non-exclusive jurisdiction of the courts of England and Wales.
  2. If any provision of these Terms shall be found by any court or administrative body of competent jurisdiction to be invalid, illegal or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these Terms which shall remain in full force and effect. Rather, the invalid, illegal, or unenforceable provision shall be modified so that it is valid, legal, and enforceable while reflecting the meaning and purpose of the void or unenforceable provision to the fullest extent possible.

Privacy Policy

Dated 11/06/20

We (OpenLX SP Ltd through the quizit.net Website) collect your data to allow us to operate the Website and/or provide services to you. We take your privacy and security seriously.  By using the Website, registering for an account, and/or taking out a subscription you are accepting and consenting to the collection, use, disclosure and processing as detailed below.

Please read the policy carefully and check you understand it before accepting it. Our contact details can be found below.

The type of personal information we collect, how we get it and why we have it

We collect information when you register for a subscription or use the Website. When you register or login we collect username, email address and password so we can provide you with an account. At registration we also collect your name. To take payment we use Stripe Inc. You can view their terms and privacy here https://stripe.com/gb/privacy. We do not collect or hold any card payment details ourselves. Stripe Inc. informs us when they attempt to take payment and the outcome.

When you host a quiz we record the progress of the quiz so you can return to it at a later stage and so we can associate players' answers with a particular question. As a player we record your chosen player name (which can be a pseudonym), your answers to each question and the time taken to answer. From player answers we will compute a score to be displayed in the score table.

Like many site operators, we collect information that your browser sends whenever you visit our Website ("Log Data").

This Log Data may include information such as your computer's Internet Protocol ("IP") address, browser type, browser version, the pages of our Website that you visit, the time and date of your visit. We use the Log Data to monitor, analyse and improve the performance of the Website.

Under the General Data Protection Regulation (GDPR), the lawful bases we rely on for processing this information are:

We have a contractual obligation

We use your data to provide you with the Services (including creating and maintaining an account, and providing the appropriate features based on your subscription status).

We use your data to be able to provide you with notifications and service messages, e.g. to inform you of changes to your subscription plan/terms etc.

When you join a plan with a subscription fee we will direct you to provide payment details with Stripe Inc. and we will associate your account with the Stripe customer reference id Stripe Inc. provides so we can manage your subscription.

We have a legal obligation or a legitimate interest

We use your data to ensure compliance with the Terms, to monitor the performance of the Website and to prevent, detect and investigate fraud, misuse of the Website, or other potentially illegal activities (including copyright infringement).

We need to be able to confirm your identity to protect your data and be confident it is really you communicating with us.

Your consent

Where we don’t have a contractual or legal obligation or legitimate interest we use your data with your consent.

How we store your personal information

Your information is securely stored on our servers in the UK.

Our Log Data is automatically rotated. We keep game data (player answers) for as long as the host of the quiz still has an account or until they choose to clear player data for a quiz. We store account information after you close your account for a period necessary for administration and financial record keeping.

Your data protection rights

Under data protection law, you have rights including:

Your right to withdraw consent – Where we are processing data with your consent, you can withdraw consent at any time.

Your right of access – You have the right to ask us for copies of your personal information, please contact us at the address below making it clear what information you are requesting. You may have to submit proof of your identity. You can ‘self-serve’ to see most of the data we store about you through the Website.

Your right to rectification – You have the right to ask us to rectify personal information you think is inaccurate. You also have the right to ask us to complete information you think is incomplete.

Your right to erasure – You have the right to request we delete your account. We will delete all your personal information apart from where there is a legal reason not to do so. e.g. HMRC require us to keep payment information for several years.

Your right to data portability – You have the right to ask that we transfer the personal information you gave us to another organisation, or to you, in certain circumstances. You can get the data you require by copy and pasting from the appropriate page of the Website.

You are not required to pay any charge for exercising your rights. If you make a request, we have one month to respond to you.                                    

Please contact us at Data, Quiz It Live, OpenLX SP Ltd., 52 Park Lane, Royton, OL2 6PU

How to complain

If you have any concerns about our use of your personal information, you can make a complaint to us at Quiz It Live OpenLX SP Ltd. 52 Park Lane, Royton, OL2 6PU.

You can also complain to the ICO if you are unhappy with how we have used your data.

The ICO’s address:

Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Helpline number: 0303 123 1113

ICO website: https://www.ico.org.uk

Cookies

Cookies are files with a small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored by your browser.

Like many sites, we use "cookies". We use session cookies to keep you logged in. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Website.

Security

The security of your personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your personal information, we, like all organisations cannot guarantee its absolute security.

Changes to this Privacy Policy

This Privacy Policy is effective as dated and will remain in effect except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted on this page

We reserve the right to update or change our Privacy Policy at any time and you should check this Privacy Policy before using the Website. Your continued use of the Services after we post any modifications to the Privacy Policy on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Privacy Policy.