Publisher Agreement

Welcome Creators and Experts!

Welcome to QuizToo! We are so happy that you have chosen us to publish your content!

This Publisher Agreement (“Agreement”) is a legally binding contract between you and QuizToo, Inc. (“us”, “we”, “our”, “the Company”). It contains our rules and restrictions that apply to your use of our products and services (referred to as “QuizToo”) to publish and distribute your content to the web and to your subscribers on this website. If you use QuizToo for this process, you are a “Creator” or “Expert”. In this agreement, we refer to people who subscribe to your publications as “Subscribers” or “Learners”.

Using QuizToo in any way constitutes an acceptance of this Agreement and this Agreement shall remain in effect while you use QuizToo. This Agreement includes all terms and conditions set forth in this document as well as those in the Terms of Use, Privacy Policy, Copyright and DMCA Policy, and all other terms, rules, and procedures incorporated into those policies by reference. We recommend reading all of these documents before using the website. This Agreement and all other terms and conditions may be updated from time to time by us on QuizToo. In the event of any conflict between this Agreement and any other terms and conditions you have agreed to on QuizToo, this Agreement shall prevail with respect to its subject matter.

You must be of legal age to form a binding contract to use QuizToo. You may not and must not use QuizToo if you are under 18 years of age in any jurisdiction. Please refer to our privacy policy for information concerning identifiable information. In compliance with the Children’s Online Privacy Protection Act (“COPPA”), we do not knowingly collect personally identifying information online from children or anyone under the age of 18. If you are under the age of 18, please do not attempt to register for QuizToo or send any personal information about yourself to use.

If we learn that we have collected personal information from a child under 18, we will delete that information as quickly as possible. If you believe that a child under the age of 18 may have provided us with any such personal information, please contact us at [email protected].

If you are entering into this agreement on behalf of a group, organization, or other entity, you must be an authorized representative of said entity to agree to this Agreement on that group, organization, or entity’s behalf and bind them to this Agreement. In cases of such representation the references to “you” and “your” throughout this document shall refer to that entity.

If you do not agree to all of the following terms or are not authorized to agree to all of the following terms, you may not use or access QuizToo in any manner whatsoever. If you have any questions, comments, or concerns regarding the Agreement or QuizToo, please contact us at [email protected].

Ownership

First and foremost, you own what you create. Any original content you post, upload, share, store, or otherwise provide to QuizToo shall remain your property and is protected by copyright and any other applicable intellectual property laws.

That said, please note that you agree to grant us a limited license to your content in order to allow us to operate QuizToo. This license allows us to promote your content and assist your success on the platform.

You agree that this limited license includes a worldwide, nonexclusive, sublicensable, royalty-free, fully paid-up, transferable right (a) to market your publications and to permit others to use, access, and download your publications through QuizToo, and (b) to use your tradename(s), trademark(s), and logo(s) in connection with the distribution and marketing of publications. For further details, please see our content guidelines and permissible uses as outlined in our Terms of Use, which is incorporated into this Agreement by reference.

Pricing and Payments

  You may set and change the prices for your publication at your discretion through your Creator account, though no price changes will apply retroactively.

You are required to charge a subscription fee for your content. As such, you agree to the following:

• No Circumvention: You agree to process payments from Subscribers only in the manner determined by us. This includes using the third-party payment processing platform (“Payment Processor”) we choose, and following any other rules we specify. You may not circumvent your payment obligations to us by soliciting payment from a Subscriber outside of QuizToo or by using any alternative method to collect subscription payments. This includes receiving payments for your publication through links to PayPal or a separate Patreon page. You agree to notify us immediately if you receive any such offer or solicitation to circumvent your payment obligations by contacting [email protected]
• Taxes: You agree that you shall bear and be responsible for any and all applicable federal, state, local, and foreign taxes, duties, tariffs, levies, withholdings, and similar assessments (including without limitation, sales, use, and value added taxes) related to your publication.
• Revenue Share: You agree to pay us a percentage of the total amount charged by you to Subscribers (the “Revenue Share”). The remaining amount, after any fees deducted by the Payment Processor, will be retained by you. The Revenue Share percentage is set between you and QuizToo during the registration of your account.
• Revenue Share Payment: During the term of this Agreement, the Payment Processor will pay the Revenue Share owed to us and deduct any applicable fees on a rolling basis as you process subscription payments from Subscribers. You agree to these payments and further agree that all Revenue Share payments are non-refundable.
• Information Upon Request: You will provide us with all requested data or information about you and your publications. This includes all payment and tax identification information, and you will ensure this information is accurate and up-to-date.

Relationships with Subscribers

You agree to the following rules concerning your relationships with Subscribers and other users of QuizToo:

• Sole Responsibility: You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any publications you distribute through QuizToo and for the consequences of your actions by doing so. This means that you acknowledge and agree that you are solely responsible for ensuring distribution of your publications, our actions under this Agreement are solely to assist you in facilitating distribution.
• Stopping Publication or Deleting a Publication: You may delete one or more of your publications from QuizToo at your discretion. However, please note that if you delete or stop publishing a publication before the end of a paid subscription term of a Subscriber, any and all obligations – including any refund obligations for the remaining portion of the subscription term – are solely your responsibility. We are under no obligation to issue any refunds to you or your Subscribers and we are entitled to keep any and all portions of any Revenue Share you have paid QuizToo.
• Disputes: If there is a dispute between you and a user about payments or any other issue, you agree we are under no obligation to become involved and that we will not be held liable for any such dispute. We are not liable for your relationship with users, and we won’t provide you with any legal advice regarding such matters.
• Reporting a User: You can flag that a user that is violating our Terms of Use by sending an email to [email protected]. After you provide us with written notice of this violation, we will determine whether this user’s access to some or all of your publications should be suspended or terminated. We will also decide at our sole discretion whether this user’s access to the rest of QuizToo will be suspended or terminated.
• Support: You shall provide to us a current email address to which we may direct inquiries from Subscribers and other QuizToo users regarding your publications.

Acceptable Use

You are responsible for all of your activity in connection with QuizToo!

You must make sure that you use the website in a manner that complies with the law and is permitted by this Agreement and in connection with our Terms of Use. If your use is prohibited by law or in violation of our terms and conditions, then you are not authorized to use QuizToo. We cannot and will not be responsible for any use of QuizToo in a way that breaks the law.

• Is fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, or in any way violates the content guidelines set forth in our Terms of Use;
• Interferes with, disrupts, damages, or accesses in an unauthorized manner the devices, servers, networks, or other properties or services of QuizToo or any third party;
• Infringes, violates, or misappropriates any law, statute, ordinance, regulation, intellectual property, or rights of any third party; or
• Spreads a virus, trojan horse, worm, time bomb, or other harmful electronic code, file, or program.

Please review our acceptable use guidelines detailed in our Terms of Use, as those rules are also incorporated into this Agreement by reference.

Limitation of Liability

To the fullest extent permitted by applicable law, under no circumstances and under no legal theory shall QuizToo, its licensors, or its suppliers be liable to you or to any other person for any conduct or damages as outlined in our Terms of Use and in our Privacy Policy. Please carefully review these policies before using QuizToo in any way or accepting this Agreement.

No Warranties

QuizToo is provided on an “as-is” basis, meaning that we provide it to you without any express or implied warranties of any kind. That includes any implied warranties of merchantability, warranties of fitness for a particular use or purpose, non-infringement, or any warranty that the use of QuizToo will be uninterrupted or error free.

Privacy

QuizToo takes privacy very seriously and is committed to processing your personally identifiable information (“Personal Information”) and that of other QuizToo users in accordance with applicable privacy and data protection legislation. For more information on how we process Personal Information, please see our current QuizToo Privacy Policy, which is incorporated into this Agreement by reference in conjunction with any notices provided to you by QuizToo.

Subprocessors

Due to the nature of QuizToo’s business and the volume of users, our business needs and sub-processors may change from time to time. For example, we may need to remove a sub-processor to consolidate and minimize our use of sub-processors. Similarly, we may add a sub-processor if we believe, at our discretion, that doing so will improve our ability to deliver our services. We do not use sub-processors outside of third-party payment applications at this time. All information provided by you in those instances is processed by that third party and beholden to the terms and conditions set forth by that service.

We may periodically update our sub-processors to reflect changes to the provision of our services. To receive email notifications of these updates, please contact [email protected].

Terminating Your Account

Either party may terminate this Agreement at any time for any reason. Upon such termination, your right to use QuizToo shall immediately cease.

We may terminate this Agreement or terminate, suspend, or restrict your access to or use of QuizToo at any time, for any reason. Reasons that may lead to termination of a Creator or other user account may include but are not limited to a breach of any of the terms or conditions of this Agreement, your offensive or unacceptable behavior, objectionable content, or any other actions in violation of our content and permissible use guidelines. We will notify Creators as soon as reasonably practicable if their access is suspended or substantially limited due to technical problems with the platform.

You agree that this means that publications or content posted by you to QuizToo may be removed from the platform at any time at our discretion. You also agree that we retain the right to immediately halt the distribution of publications at our discretion.

Changes to this Agreement

We are always trying to improve our products and services, so this Agreement may need to change along with the QuizToo platform. We reserve the right to change the Agreement at any time. However, we will bring changes to your attention by placing a notice on the website, sending you an email, and/or by other means as outlined in our Terms of Use, Privacy Policy, and any other policies incorporated into this Agreement.

If you do not agree with the new Agreement, you are free to reject those changes. Unfortunately, rejection of those changes will mean that you will no longer be able to use QuizToo. If you use QuizToo in any way after such a change is effective and notice is provided, you will agree to all changes made as outlined in the new Agreement and notice. Except for changes by us as described here, no other amendment or modification of this Agreement will be effective unless in writing and signed by both you and us.

Miscellaneous Terms

The above terms cover most questions frequently asked by Creators. We have grouped other terms that are less frequently asked about below:

• Indemnification: To the fullest extent by applicable law, you agree to indemnify and hold QuizToo, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys fees) arising out of or in any way connected to any third party claims relating to (a) you ruse of QuizToo (including any actions taken by a third party using your account), and (b) your violation of this Agreement. In the event of such a claim, suit, or action, we will attempt to provide notice to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
• Assignment: You may not assign, delegate, or transfer this Agreement or your rights and obligations hereunder, or your QuizToo account, in any way (by operation of law or otherwise) without the prior written consent of QuizToo. We may transfer, assign, or delegate this agreement and our rights and obligations without your consent.
• Choice of Law: This Agreement shall be governed by and will be construed under applicable federal law and the laws of the State of Delaware, without regard to the conflicts of laws provision thereof.
• Arbitration: this Agreement shall be subject to all provisions concerning arbitration or alternative dispute resolution as provided in our Terms of Use and Privacy Policy as well as any other policies, terms, provisions, and notices incorporated herein by reference. We strongly recommend that you review these policies before entering into this Agreement.
• No Third-Party Beneficiaries: We agree that there are no third-party beneficiaries intended under this agreement except for those referenced by any terms, provisions, or policies incorporated in this Agreement by reference.
• No Joint Venture: You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of QuizToo, Inc. and that you do not have any authority of any kind to bind us in any respect whatsoever.
• Waiver: The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder.
• Severability: If any provision of this Agreement is held to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, so that this Agreement shall otherwise remain in full force and effect and enforceable.
• Survival: You agree that the terms under the headings “Privacy”, “Acceptable Use”, “Indemnification”, “No Warranty”, “Limitation of Liability”, “Assignment”, and any payment obligations incurred shall survive termination of this Agreement.
• Entire Agreement: You agree that this Agreement in conjunction with any other agreements, policies, or terms incorporated herein by reference or any other means is the complete and exclusive statement of the mutual understanding between you and us, and that it supersedes and cancels all previous written and oral agreements, communications, and other understandings related to the subject matter of this Agreement.

Thank you again for using QuizToo! We look forward to your continued use of our services and wish you luck in content creation!