Last updated: October 22.2020
1. Definitions.
1.1. The terms of this Agreement govern the relationship between the Copyright Holder and the User and contain the following definitions:
1.1.1. Offer - this Agreement posted on the Internet at the address: www.quiz-player.com (hereinafter referred to as the Website). In accordance with this Agreement, the words "Offer" and "Agreement" are equivalent.
1.1.2. Acceptance - full and unconditional acceptance of the offer by performing the actions specified in clause 3.1. of this Agreement.
1.1.3. Copyright holder - Individual Businessman (Name) who placed an offer.
1.1.4. User - a legal or capable Physical Person, as well as an Individual Businessman who has concluded an Agreement by way of acceptance, on the terms contained in the offer.
1.1.5. Simple (non-exclusive) license - non-exclusive right of the User to use the Intellectual Property Object. The copyright holder retains the rights to issue licenses to others.
1.1.6. Website - an aggregate of linked web pages, united under one domain name or ip-address. The site is hosted on the Internet at www.quiz-player.com
1.1.7. Registration - creating a personal account and gaining access to individual services of the Website, by performing the actions by User with a special user form following the instructions on the Website, and providing credentials and other information.
1.1.8. Personal area - user's personal section on the Website. Login to the personal section is carried out by entering the User's credentials. In the personal section User can manage the services of the Website, including their order, connection, disconnection, on the terms proposed by the Copyright Holder.
1.1.9. Account - an electronic register entry contained on the Website that relates to the User (relate only to him) and contains data about the User and his actions on the Site, including identification data for Authorization.
1.1.10. Account data - unique login (email address) and password. In the process of registering a personal account, the User creates the login and the password independently. Or the username and password changed later, which are used to access the User's personal area.
1.1.11. Authorization - the process of analyzing the identification data entered by the User. The result of analysis determines whether the User has the right to use the Intellectual Property Object. Identification data for access to the Intellectual Property Object is defined as necessary and sufficient in the form of a login and password (hereinafter referred to as "Login" and "Password").
1.1.12. Multimedia - a set of hardware and software tools that allow the User to work in interactive mode with various data (graphics, text, sound, video, etc.) which are organized as a single information environment.
1.1.13. Multimedia content - a complex work, which is a combination of the following elements: program code, graphic images, photographs, pictures, animation objects, sounds, musical compositions, video clips, audiovisual effects, other multimedia materials, design themes, objects, characters, character names, plots, catchy phrases, concepts, art objects, images of buildings and landscapes and all content-related documentation in electronic and printed form, built-in services and additional functions.
1.2. Terms that are not defined by the above concepts may be used in the Agreement. In this case, the interpretation of such a term is made in accordance with the text of the Russian-language version Agreement. In case of ambiguous interpretation of the term in the text of this Agreement, the Parties are guided By the interpretation of the term primarily defined on the Russian-language version of the Website: www.quiz-player.com.
2. Subject of an agreement.
2.1. Under the Agreement, the Copyright Holder grants (transfers) to the User the right to use multimedia content of its own production, posted on the Website (hereinafter referred to as the Intellectual Property Object), by providing the User with access rights to the Intellectual Property Object in the User's Personal area in accordance with section 5. of this Agreement and under the terms of a simple (non-exclusive) license. The User acquires the right to use the Intellectual Property Object in accordance with the terms of this Agreement.
2.2. The intellectual property object consists of Multimedia content and provided to the User to choose from within the list, which is located on the web page of this site: https://quiz-player.com/products-prices.
2.3. Access to multimedia content is provided after acceptance of this Agreement, in accordance with clause 3.1. The term of access chosen by the User for the Multimedia content is indicated on the web page of this Multimedia content.
2.4. The Copyright Holder guarantees that he is the right holder of the exclusive rights to the intellectual property object specified in clause 2.1 of this Agreement.
2.5. The period for granting the right to use the Intellectual Property Object is established for the entire period of validity of the exclusive rights to the Intellectual Property Object.
2.6. The use of the Intellectual Property Object by the User is not limited by the territory.
2.7. Any audiovisual representations contained in the Intellectual Property Object, characters, plots, facts, titles and names of places, appearance, sounds and voices, music, historical and economic facts may resemble characters, plots, facts, titles and names of places, appearance, sounds and voices, music, historical and economic facts that take place in reality, however, they are fiction and are based solely on the creative intention of the developers of the Intellectual Property Object.
3. The procedure for concluding an agreement.
3.1. Acceptance of the Agreement is the payment of invoice by the User issued by the Copyright Holder for the selected by the User Multimedia content.
3.2. By Accepting the Agreement in accordance with clause 3.1. of this Agreement, the User guarantees that he is familiarized and agrees, fully and unconditionally accepts all the terms of this Agreement.
3.3. The Agreement can be accepted by the User exclusively as a whole (clause 1 of Art. 428 of the Civil Code of the Russian Federation).
3.4. The User confirms that Acceptance of the Agreement is equivalent to concluding the Agreement on the terms outlined in this Agreement.
3.5. The Offer becomes effective from the moment it is posted on the Internet at: https://www.quiz-player.com/content-license-agreement and valid until the Offer is withdrawn.
3.6. To organize interaction between the Copyright Holder and the User, the User registers the Personal Account independently in accordance with clause 5.3. of this Agreement.
4. Rights and obligations of the parties.
4.1. The Copyright Holder undertakes to:
4.1.1. After making payment by the User (in accordance with clause 4.2.2. and section 7. of this Agreement), provide him with access to the Intellectual Property Object and the right to use it, by providing access to the protected pages of the Website, in accordance with section 5. of this Agreement.
4.1.2. Abstaining from any actions that could complicate the implementation by the User of the right to use the Intellectual Property Object provided to him within the limits established by this Agreement.
4.1.3. Provide the User with the Intellectual Property Object in accordance with clause 2.3. and clause 5.2. of this Agreement.
4.1.4. Advise the User on all issues related to the Intellectual Property Object. In each specific case, the Copyright Holder independently determines the complexity of the issue, the scope, timing and method of consultation. A request for consultation is made by the User via the email listed on the Website.
4.2. The User undertakes to:
4.2.1. Use the Intellectual Property Object only within the limits of those rights and in the ways provided for in this Agreement.
4.2.2. Make payments under the Agreement in accordance with the terms of this Agreement.
4.2.3. Keep confidential and not disclose information about your Account and Account data to third parties. In the event that the Account or Account data become known to third parties, the User undertakes to immediately change them.
4.2.4. Do not transfer the rights of access to the Intellectual Property Object to third parties. Do not use the rights in any other way that could lead to damage to the interests of the Copyright Holder.
4.2.5. At the request of the Copyright Holder, provide him with the information and documents necessary to identify the User, if this is required to fulfill the terms of this Agreement, including when the User sends statements, notifications, etc. to the Copyright Holder.
4.2.6. Strictly adhere to the terms of the Agreement and not violate them, as well as to ensure the confidentiality of commercial and technical information obtained in cooperation with the Copyright Holder.
4.2.7. Do not use any devices or computer programs to interfere or attempt to interfere with the normal functioning of the Website.
4.2.8. Immediately inform the Copyright Holder about all facts of illegal use of the Intellectual Property Object by third parties that have become known to him.
4.2.9. Comply with the requirements of the Russian Federation legislation and other regulations of the Russian Federation, as well as the terms and conditions of the User Agreement posted on the web page https://www.quiz-player.com/terms-and-conditions-of-use and the terms of this Agreement.
4.2.10. To independently monitor all changes in the terms of this Agreement and the User Agreement by reviewing their content.
4.2.11. Perform other duties provided for by this Agreement.
4.3. The Copyright Holder has the right:
4.3.1. Add, edit or remove any information from the Website.
4.3.2. Suspend the Website for maintenance without prior notice to the User.
4.3.3. Suspend or terminate the registration and access of the User to the Website if the Copyright Holder reasonably believes that the User is engaged in illegal activities and (or) violates the terms of this Agreement or the User Agreement.
4.3.4. In case of violation by the User of the conditions (methods) of using the rights to the Intellectual Property Object under this Agreement, deprive the User of the right to use the Intellectual Property Object. Violation of copyright protection regulations may entail civil and criminal liability in accordance with the Russian Federation legislation.
4.3.5. At any time, unilaterally (out of court) make additions and changes to the terms of this Agreement. The user agrees with all additions and (or) changes to this Agreement if he continues to use the Site after their entry into force.
4.3.6. Receive from the User any information necessary to fulfill their terms of this Agreement. In case of failure to provide or incomplete or incorrect submission of information by the User, the Copyright Holder has the right to suspend or terminate the User's access to the Intellectual Property Object.
4.4. The User has the right:
4.4.1. After receiving the Intellectual Property Object, in accordance with the terms of this Agreement, use the Intellectual Property Object in the amount and in the manner under this Agreement.
4.4.2. Demand from the Copyright Holder the proper execution of the Agreement.
4.4.3. Contact the Copyright Holder on all issues related to the execution of the Agreement.
4.4.4. Refuse to execute this Agreement if the Copyright Holder refuses to transfer to the User the right to use the Intellectual Property Object under this Agreement.
5. Providing access to the Intellectual Property Object.
5.1. For the purchase and (or) access of the User to the Multimedia content and obtaining the rights of access to the Intellectual Property Object, the obligatory Registration and (or) Authorization of the User on the Website is required.
5.2. The User receives Access to the Intellectual Property Object through the User's Personal area on the Website, which is provided for the entire lifetime of the site. Access to the User's Personal area is provided after Registering and (or) Authorization the User's on the Website.
5.3. The procedure for registering a Personal area is listed by the User Agreement.
5.4. Obligations to provide the Intellectual Property Object and a simple (non-exclusive) license are considered fulfilled in full and properly, including if the User does not submit written claims to the Copyright Holder about improper performance of this Agreement within 24 hours after purchase.
6. Providing the right to use.
6.1. All exclusive rights to Intellectual Property Objects provided in the Personal area to the User, as well as their constituent parts and their elements, are objects of the exclusive rights of the Copyright Holder.
6.2. Alienation (sale) of exclusive rights is not the subject of the Agreement.
6.3. The term for providing the right to use the Intellectual Property Object is established for the entire period of validity of the exclusive rights to the Intellectual Property Object.
6.4. Under the Agreement, the Copyright Holder provide to the User the right to use the Intellectual Property Object under the terms of a simple (non-exclusive) license in the following ways:
6.4.1. Copying the Intellectual Property Object to your own storage devices (flash drives, hard and solid-state drives, etc.) for storage, in unlimited volume. Transfer of the Intellectual Property Object to third parties is prohibited.
6.4.2. Unlimited public display (demonstration) of the Intellectual Property Object using technical means in a place of free access or in a place where there are significant numbers of people outside the normal family circle.
6.4.3. A broadcast of the Intellectual Property Object to the public, including broadcasting on television. Broadcast is understood as any action by dint of the Intellectual Property Object becomes available for auditory and (or) visual perception, regardless of its actual perception by the public, in an unlimited volume.
6.4.4. The User has the right to change parts of the Intellectual Property Object in the following ways: change the colors, font, add his images, logos, music, sounds. Changes in the Intellectual Property Object or its parts do not make the Intellectual Property Object the User's own work.
6.4.5. The User has the right to translate the Intellectual Property Object into any language.
6.4.6. The Right Holder retains the right to use the Intellectual Property Object to the extent that the right to use is provided to the User.
6.5. In case of violation by the User of the terms of this Agreement the User provides to the Copyright Holder with a written report on the use of the Intellectual Property Object rights, including the amount of income received from each and every method of using the Intellectual Property Object rights within 3 business days after receiving the request from the Copyright Holder.
The Copyright Holder has the right to read the necessary accounting and other documents to verify the reliability of the report.
6.6. The rights to use the Intellectual Property Object, which the User has chosen, are provided to the User at the moment of crediting the funds for the selected Intellectual Property Object to the settlement account of the Copyright Holder.
6.7. The use of the Intellectual Property Object provided to the User in the Personal area by other means, including subsequent distribution or resale, is strictly prohibited. But it is possible only after the conclusion of appropriate written agreements with the Copyright Holder.
7. The amount of the remuneration.
7.1. Payment to the Copyright Holder under this Agreement is determined in accordance with the price of the Multimedia content selected by the User, located in the “Products and Prices” and (or) “Subscriptions” section on the Internet at www.quiz-player.com
7.2. Payment under this Agreement is carried out in the order of 100 (one hundred) percent prepayment, at the prices in force at the time of payment.
7.3. Method of payment under this Agreement: payment by the User of the invoice using the PayPal and (or) 2checkout payment acceptance system.
In this case, the obligations of the User in terms of payment are considered fulfilled at the time the funds are credited to the settlement account of the Copyright Holder. Or at the time of receipt of verified information on the receipt of payment from the payment system.
7.4. In the absence of data that allows you to determine the name of the payment and (or) the person who made the payment, the Copyright Holder has the right to independently identify the payment according to its own accounting data. If it is impossible to identify the payment, consider the payment obligations not fulfilled. At the same time, the Copyright Holder is not responsible for losses incurred by the User and (or) third parties in such situations.
7.5. Discounts on payments (bonuses), prizes, etc. may be provided as part of the enabling activities (promotions). Promotional events and conditions for granting discounts (bonuses) and (or) prizes are carried out at the discretion of the Copyright Holder.
8. Privacy Policy.
We care about data privacy and security. Please review our Privacy Policy: https://quiz-player.com/en/privacy-policy-and-cookie-policy. By using the Site or the Marketplace Offerings, you agree to be bound by our Privacy Policy, which is incorporated into these Agreement. Please be advised the Site and the Marketplace Offerings are hosted in Russia. If you access the Site or the Marketplace Offerings from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Russia, then through your continued use of the Site, you are transferring your data to Russia, and you expressly consent to have your data transferred to and processed in Russia.
9. Responsibility of the parties.
9.1. The Parties are responsible for non-fulfillment or improper fulfillment of their obligations under this Agreement in accordance with this Agreement and Russian Federation legislation.
9.2. Forfeit and fines under this Agreement shall be paid only on the basis of a justified written request from the Parties.
9.3. Payment of a forfeit and a fine does not relieve the Party from fulfilling its obligations under this Agreement.
9.4. The Copyright Holder is not responsible and is not responsible for possible losses caused to the User in the event of:
9.4.1. Technological failures of public communication channels through which access to the Website is carried out or loss of access to the Internet;
9.4.2. Errors, omissions, interruptions in work, deletion of files, defects, delays in work or data transfer and other technological reasons that have arisen through no fault of the Copyright Holder;
9.4.3. Unauthorized access to the User's Personal area.
9.5. The User is solely responsible for the compliance of the content of the materials posted on the Website with the requirements of the current legislation, including liability to third parties.
9.6. Any information and (or) materials accessed by the User using the Website, the User uses at his own risk and is solely responsible for the possible consequences of using the specified information and (or) materials, including for damage caused to themselves and to third parties persons.
9.7. In the event of damage caused through the fault of the Copyright Holder, the Copyright Holder is liable to the User in an amount not exceeding the cost of the remuneration paid for the relevant period.
9.8. The Copyright Holder does not assume responsibility for the compliance of the Intellectual Property Object with the purposes of use.
9.9. Use of the Intellectual Property Object in a manner not provided for by this Agreement, either upon termination of this Agreement, or otherwise outside the rights provided to the User under this Agreement, entails liability established by the legislation of the Russian Federation for violation of the exclusive right to the Intellectual Property Object.
9.10. The Copyright Holder is not responsible for any actions of the User related to the use of the provided rights to use the Intellectual Property Object. The copyright holder is not responsible for any kind of damage incurred by the User due to the loss and (or) disclosure of his data or in the process of using the Intellectual Property Object.
9.11. The Copyright Holder is not responsible and does not compensate the User's losses caused by violations and (or) errors in the operation of the Intellectual Property Object, arising from the actions of the User, his staff, or third parties.
9.12. In the any third party makes a claim to the Copyright Holder in connection with a violation by the User of the Agreement or current legislation, violation by the User of the rights of third parties (including intellectual property rights), the User undertakes to compensate the Copyright Holder for all costs and losses, including pay any compensation and other costs associated with such a claim.
9.13. The Copyright Holder is not responsible for technical interruptions in the operation of the Website. At the same time, the Copyright Holder undertakes to take all reasonable measures to prevent such interruptions.
9.14. The Copyright Holder is not responsible for the operation of the PayPal and (or) 2checkout payment system.
9.15. The Copyright Holder is not responsible for the availability and performance of the User's software. The user assumes responsibility for the purchase and installation of the software, if necessary.
10. Grounds and procedure for changing and terminating the Agreement.
10.1. At any time, unilaterally (out of court) make additions and changes to the terms of this Agreement. Changes to the terms of this Agreement come into force from the moment they are posted, in the manner established for placing an offer.
10.2. This Agreement may be terminated by agreement of the Parties, as well as unilaterally at the written request of one of the Parties on the reasons provided for by the Agreement and legislation.
10.3. Termination of this Agreement unilaterally is possible at any time upon written request of each of the Parties within three business days from the date of receipt by the Party of such request. A request for termination of this Agreement is made via the email listed on the Website.
10.4. After termination of this Agreement, all rights to use the Intellectual Property Object will be canceled. The User undertakes to immediately stop any use of the Intellectual Property Object.
11. Dispute Resolution.
11.1. The claim procedure for the pre-trial settlement of disputes from this Agreement is mandatory for the Parties.
11.2. Claim letters are sent by the Parties by registered mail with a notification of delivery to the address of the Party's location. The Parties may not send claim letters in any other way than specified in clause 11.2 of the Agreement.
11.3. The term for consideration of a claim letter is 30 working days from the date of receipt by the addressee.
11.4. Disputes from this Agreement are resolved in court in accordance with the legislation of the Russian Federation.
12. Force majeure.
12.1. The parties are released from liability for full or partial failure to fulfill obligations under this Agreement in the event that failure to fulfill obligations was the result of force majeure such as: fire, flood, earthquake, strike, war, actions of state authorities or other circumstances beyond the control of the Parties.
13. Other conditions.
13.1. The parties do not have any accompanying verbal agreements. The content of the text of this Agreement is fully consistent with the actual will of the Parties.
13.2. The parties acknowledge that if any of the provisions of this Agreement becomes invalid during the term of its validity due to changes in legislation, the remaining provisions of this Agreement are binding on the Parties during the term of this Agreement.