Terms of use of SpellQuiz Learning System

Right-Image

SPELLQUIZ  -  TERMS OF USE

 

1. DESCRIPTION AND ACCEPTANCE OF SERVICE

 

SpellQuiz is an online learning environment that provides parents and students with tools to enhance a student’s education. SpellQuiz provides various exercises harnessing phonetics as a learning aid to enhance spelling and general use of the English language.

 

These Terms of Use and our Privacy Policy (the “Agreement”) form the basis of a user contract between JNEX APPS INC., a company with registered at 205 – 279 Midpark Way S.E, Calgary, AB, T2X 1M2, Canada (“We”, “Us” or “Our”) and you or any other entity on whose behalf you act ("You" or "Your"). By using any feature of the SpellQuiz website at https://spellquiz.com (collectively, the "Services") you agree to the terms and conditions of these Terms of Use.

 

If you do not wish to agree to the Agreement then you must immediately cease use of the Services including use of Our website.

 

If there is a conflict between any statement found elsewhere and any provision of this Agreement, the provisions of this Agreement will prevail.

This Agreement is subject to amendment from time to time. Amendments will become effective immediately. Please see the last updated legend displayed at the bottom of this page that shows the last date this document was updated. Your continued use of the Services constitutes your acceptance of any amendment. Amendments will not be brought to your attention directly and will only be posted on this page. We encourage you to check this page regularly.

 

2. GENERAL USE OF SERVICES

 

Our Services are owned or licensed by us and are being licensed to You by Us. We grant You a personal, non-exclusive, non-transferable, and limited license make use of Our Services on an authorized device located on Your phone, tablet, computer, or other personal device that You own or control in any country to which we offer Our Services. Such license will always be subject to Your mobile carrier’s, access provider’s, or any other operating system’s or platform’s usage rules.

 

Such license is effective until terminated. You may terminate this license at any time by informing us you wish to close your User Account and permanently deleting any of Our Services from Your device. We reserve the right to terminate this license and delete your User Account at any time for any reason. On the termination of the license, regardless of the reason for termination, You agree that You will cease use of Our Services and delete and permanently erase any Content you have downloaded or made copies of during Your use of Our Services.

 

Nothing in this Agreement grants You any rights to any related documentation, support, upgrades, maintenance or other enhancements to Our Services.

 

You must use Our Services only for the purposes expressly set forth on our Website in any accompanying documentation or in this Agreement. Any other use of Our Services is prohibited including but not limited to use for Your own commercial gain, other than where such commercial use is specifically agreed to by us in writing.

Irrespective of any other provision of these Terms of Use you must not:

(a)use Our Services for any purpose that is unlawful;

(b)access Our Services for use in any way that is in conflict with this Agreement;

(c)attempt to gain unauthorized access to any area of Our Services that is not made readily available by us;

(d)use Our Services in a manner which could be harmful to any computer system, network or server used in hosting or maintaining Our Services;

(e)make use of any automated system, including without limitation, "robots," "spiders," or "offline readers," to send multiple requests to the Website. However We grant the operators of public search engines permission, revocable at our sole discretion, to use spiders to copy materials from Our Website for the sole purpose of creating publicly available searchable records of Our Content.

(f)transmit any harmful code” such as “viruses,” “worms,” “Trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices” that: (i) are designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication (ii) would enable an unauthorized person to cause such result; or (iii) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission.

(g)use Our Services in a manner that may restrict the access of any other person.

(h)access, attempt to access, or use any materials or information not made publicly or readily available by us;

(i)modify or use for any commercial purpose any copyright, trademark or service mark or any materials accessed through Our Services, other than Your User Content.

 

You accept responsibility for complying with all applicable laws and regulations whether local, national or otherwise in Your use of Our Services.

If you fail to abide by this Agreement we may prohibit you from accessing or using Our Services.

You are responsible for obtaining at Your own expense all equipment and services needed to access and use Our Services, including all devices, internet browsers and internet access. If you access Our Services through a mobile or wireless device, you are responsible for all fees Your carrier may charge you for data, text messaging and other wireless access or communications services.

3. YOUR ACCOUNT

 

In order to use the Services you must first register and open a user account. You must provide us with your name, email address, and a username and password.

 

You agree and warrant that any information you have provided when registering is true and accurate and you will inform us promptly should any of the information you have provided to us change.

 

You are responsible for maintaining the confidentiality of Your username and password. We reserve the right at all times to terminate Your account at Our discretion. You understand and acknowledge that you have no ownership rights in Your user account and that if you cancel or we terminate Your User Account all information in relation to that account may be deleted, subject to the terms of Our Privacy Policy.

 

4. SUBSCRIPTION SERVICE AND BILLING

 

Trial Period. We offer an initial 14 day trial period (“Trial Period”) free of charge with no requirement to provide payment details and no automatic renewal. The Trial Period commences on the date you create your account and will expire after 14 days, upon which you will have the option to sign up for our Paid Services. You are only entitled to one free Trial Period. We reserve the right, in Our absolute discretion, to limit the functions available to you during the Trial Period or to withdraw or to modify this free trial offer at any time without prior notice and with no liability. You remain bound by these Terms of Use throughout the Trial Period.

 

Subscriptions. A more extensive range of functions is available to you if you purchase a subscription to our Services (“Paid Services”). Subscriptions are provided on either a monthly or yearly basis and renew automatically. Please consult Our Website for information on the respective current pricing and subscription models and the services that these include.

 

Billings and Renewals. Fees are collected at the point of sale of Paid Services through the immediate payment of initial amount. You must provide all the details of Your preferred payment method, such payment methods being outlined on Our Website, to allow us to take an initial amount. The initial amount will be payment in advance for a minimum term of the Paid Services chosen by You.  The term for which you have access to the Paid Service renews automatically and the renewal fee is collected in advance at the start of the relevant renewal period. You authorize Us to charge your preferred payment method for any Paid Services subscribed for by You, any automatic renewal of such Paid Services, and any other authorized fees owed to Us by You. Amounts paid for Paid Services are fully earned upon payment of the initial amount or renewal fee and are non refundable.

 

Late Payments. We reserve the right to assert further claims for late payments. If we incur costs and/or expenses because a payment is late or is declined through your fault then we reserve the right to bill you for the actual costs and/or expenses incurred by Us.

 

Cancellation. If you wish to cancel any Paid Service, you must follow the prescribed cancellation procedures on Our Website. The cancellation of a Paid Service will take effect at the end of the minimum term currently running at the time you notify us of your wish to cancel the Paid Service. You will retain access to the Paid Service until the cancellation takes effect. No refund will be due or paid by Us for the remaining period of any minimum term following the date you express your intention to cancel the Paid Service.

 

5. Our Content

We authorise you, subject to this Agreement, to access and use Our Services and Our Content (as defined below).

You are permitted to temporarily download content found within the Services and made explicitly and publicly available by Us, either by caching in a browser or to your computer, or mobile device for personal viewing only. You may not:

(a)modify Our Content or any software we provide through Our Services in any way;

(b)view Our content through any other means other than on our Website or through any other medium provided by Us for viewing Our Content

(c)use or distribute Our Content for any commercial purpose, or for any public display (commercial or otherwise) other than authorized by Us or through a medium provided by Us;

(d)use or distribute Our Content in any way which infringes our intellectual property rights;

(e)attempt to decompile or reverse engineer any software contained in our Services;

(f)provide any content to another person or “mirror” or post Our Content on any other website or server.

Our Content means all the contents of all Our Services, including but not limited to educational programs, tests, activities, designs, text, graphics, images, video, information, logos, button icons, software and audio files. All Our Content is our property or the property of our licensors and is protected under copyright, trademark and other laws.

You must preserve all copyright, trademark, service mark and other proprietary notices contained in Our Content on any authorized copy you make.

6. Third Party Services.

 

Our Services may contain links to other websites, applications or services not operated by us (“Third Party Services”). You use any Third Party Services at Your own risk. We do not endorse any Third Party Services and You acknowledge that We are not responsible or liable for the availability of or any content or services offered by any Third Party Services.

 

7. Your Content

 

Our Services provide users with the opportunity to interact with Us and others by posting on our blog or publishing their children’s scores to our Top Ranked Leaderboard (any such material that a user submits, posts, displays, or otherwise makes available on or through Our Services is referred to herein as “User Content”). User Content includes any text, graphics, photos, and links.

 

You must not:

 

(a)post any unlawful, deceptive, misleading, fraudulent, threatening, abusive, harassing, defamatory, or obscene User Content;

(b)post any User Content that would be in violation of the rights of a third party, including any privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person or entity;

(c)post any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us in writing), or encourages or causes spamming or flooding:

(d)post any social security number, passport number, national identification number, insurance number, driver’s license number, immigration number, or any other similar number, code, or identifier.

 

We can not verify the accuracy or truthfulness of any User Content and do not endorse or accept responsibility for any User Content, including any opinion, advice, information, or statement contained therein. You are solely responsible for your own User Content.

 

Although we prohibit any harmful, offensive, threatening, indecent or objectionable User Content you acknowledge that by accessing Our Services, you may come into contact with User Content that is harmful, offensive, threatening, indecent or objectionable including, but not limited to, explicit language and other potentially offensive material, and you acknowledge that we shall have no liability with respect to such content.

 

We may monitor and remove or modify any User Content that we feel contravenes this Agreement, or in Our sole discretion feel is inappropriate, but we do not have any obligation to do so. We do not guarantee the confidentiality of any of your User Content and also reserve the right to disclose any User Content to any third party in order to comply with legal obligations or governmental requests.

 

Only to the extent permitted by law, you grant us a nonexclusive, worldwide, perpetual, (revocable only as described below), fully paid, royalty-free, sublicensable (through multiple layers of sub-licensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all User Content for the purpose of publishing material on Our Services or promoting us.

 

You acknowledge when you engage with our community and post any User Content you may be sharing such information or media with a public audience. This means it may be available to anyone on or off our Services and may be seen or accessed through online search engines and APIs. It is entirely possible that other users may download or share your content with others on and outside of our Services.

 

If you wish to request to revoke the licenses granted by you in this section please contact us on the contact us section of Our Website. You acknowledge, understand and agree that any termination of your license shall only take place within a commercially reasonable time following your request. We may retain but not use copies of User Content following termination of the licenses granted above. You also acknowledge, understand and agree that any contribution you make to the community through user comments are not subject to this revocation clause and licenses granted by you in regards to user comments are not revocable.

 

8. NO WARRANTY

 

You understand and agree that SpellQuiz is provided "as-is" and that SpellQuiz is only a educational tool to assist You or your child. We cannot guarantee particular results from Your ot a child’s use of Our Services.

 

WE MAKE NO WARRANTY OR REPRESENTATION:

 

(a)AS TO THE COMPLETENESS, ACCURACY, CURRENCY, LEGALITY, RELIABILITY OF ANY OF OUR CONTENT OR OUR SERVICES;

(b)THAT ANY OF OUR CONTENT WILL CONTINUE TO BE AVAILABLE OTHERWISE THAN AT OUR DISCRETION.

(c)THAT THE CONTENT IS FREE OF ANY VIRUSES OR OTHER DEFECTS THAT MAY BE HARMFUL TO YOUR PROPERTY.

(d)AS TO SPECIFIC FUNCTION, RELIABILITY, AVAILABILITY OR OTHERWISE OF OUR SERVICES OR ANY SERVERS THAT HOST THEM.

(e)IN REGARDS TO NON INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF ANOTHER’S RIGHTS.

(f)AS TO ANY INFORMATION OR SERVICES WHATSOEVER PROVIDED BY ANY THIRD PARTY WHICH YOU MAY ACCESS OR BE PUT IN CONTACT WITH IN THROUGH USE OF OUR SERVICES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE PROVIDE OUR SERVICES, CONTENT AND WEBSITE "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE," WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. WE DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY.

 

9. LIMITATION OF LIABILITY AND WAIVER

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES AGENTS, CONTRACTORS OR LICENSORS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF DATA, ANY COMMERCIAL DAMAGES OR LOSSES, AND ANY PERSONAL INJURY OR DEATH CLAIMS OR LOSSES REGARDLESS OF THE THEORY OF LIABILITY EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ARISING FROM YOUR USE OF ANY OF OUR SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF OUR SERVICES, INCLUDING, BUT NOT LIMITED TO:

(a)ON ACCOUNT OF YOUR USE OR MISUSE OF OR RELIANCE ON OUR SERVICES;

(b)ON ACCOUNT OF YOUR USE OR MISUSE OF OR RELIANCE ON ANY THIRD PARTY SITE OR SERVICE YOU LINK TO FROM OUR SERVICES.

(c)ON ACCOUNT OF ANY TECHNICAL MALFUNCTION OF OUR SERVICES INCLUDING BUT NOT LIMITED TO FAILURE OF ITS SERVERS  COMPUTER SYSTEMS, COMPUTER OR MOBILE PHONE EQUIPMENT, SOFTWARE, EMAIL DELIVERY, ACCOUNT LOGIN, OR ANY OTHER SERVICES PROVIDED 

(d)RESULTING FROM ANYONE’S USE OF OUR SERVICES, OUR CONTENT, ANY USER CONTENT, OR OTHER CONTENT POSTED ON OR THROUGH OUR SERVICES OR TRANSMITTED TO USERS OR ANY INTERACTIONS BETWEEN USERS OF THE SERVICES, WHETHER ONLINE OR OFFLINE.

OUR LIABILITY FOR ALL CLAIMS ARISING OUT OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT OF FEES PAID BY YOU, EITHER DIRECTLY OR INDIRECTLY THROUGH A THIRD PARTY, IF ANY, TO US UNDER THIS AGREEMENT.

 

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS US AND ALL OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES AGENTS, CONTRACTORS OR LICENSORS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF OUR SERVICES OR YOUR USER CONTENT.

 

The Service is controlled and offered by Us from Canada. Our Services may not be appropriate if you are accessing it from elsewhere. You are responsible for compliance with local law.

 

10. MISCELLANEOUS

 

Entire Agreement/No Waiver. This Agreement, including these Terms of Use and any applicable Privacy Policy embody the entire agreement and understanding between us and you with respect to the subject of this Agreement. No waiver by us of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

 

Of Age. Anyone under the age of 13 must have parental or guardian’s consent to use our Services. You agree by using Our Services that you are fully competent and able to agree and abide to the terms and conditions contained herein.

Severability. In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.

Force Majeure. We shall not be liable for any failure of or delay in the performance under this Agreement for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes, embargoes, government orders. compliance with the Laws of any state or country or any other force majeure event.

 

Electronic Notices and Transactions. You agree to transact with us electronically, including without limitation, agreeing to this Agreement. You authorize us to provide you with terms and important notices about us and Your transactions to an email address you provide to us or by posting notices on an applicable page on Our Website. It is Your duty to keep Your email address accurate and up to date and to maintain a valid email address and to ensure that emails we send you are not filtered or stopped by spam filters or other types of email blocking functionalities. You must provide any notices to us by email provided by us to you or through the contact us section on Our website.

 

Applicable Law and Venue. This Agreement and each of the documents contemplated by or delivered under or in connection with this Agreement are governed by and are to be construed in accordance with the Laws of the Province of Alberta and the Dominion of Canada. The parties to this Agreement hereby irrevocably and unconditionally attorney to the exclusive jurisdiction of the courts of the Province of Alberta and all courts competent to hear appeals therefrom.

Right-Image

Login

Forgot Password

Signup