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Plain Vanilla Terms of Service

Last Updated: 10 March 2016

Welcome to the Plain Vanilla (“Plain Vanilla”) Terms of Service (the “Terms”). Please read these Terms carefully because they govern your use of our website located at www.quizup.com (the “Site”) and the QUIZUP and other Plain Vanilla mobile device applications (“Apps”) and online games. To make these Terms easier to read, the Site, our services, online games, and Apps are collectively called the “Services.”

Agreement to Terms

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Services.

Changes to Terms or Services

We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or Apps or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site or Apps, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you can’t use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

Creating an Account

In order to access and use the Services, you will need to register and create an account (your “Account”). By creating an Account, you represent that you are 13 years or older and are not barred from using the Services under applicable law. When creating an Account, you may be required to provide certain PII about yourself and will establish a username and a password. You agree to provide accurate, current and complete information about your Account.

When creating an Account, don’t:

  • provide any false PII to us (including a false username) or create any Account for anyone other than yourself without such other person’s permission;
  • use a username that is the name of another person with the intent to impersonate that person;
  • use a username that is subject to rights of another person without appropriate authorization; or
  • use a username that is offensive, vulgar or obscene or otherwise in bad taste.
  • register more than one account with the purpose of creating a “dummy” account. Plain Vanilla may decide at its sole discretion that the account in question is “dummy” and terminate the account.

We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Services that violates our Terms. You are responsible for maintaining the confidentiality of your password and Account, and agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for activities that occur under your Account.

You can link your Account to various webmail, social networking, and other online accounts. You may only link your own accounts. We will access and retrieve your account information from these sites on your behalf (in some cases, by using your username and password) to make certain information or services available to you through the Services. By linking your other accounts, you expressly authorize us to access your account information from those third party accounts, on your behalf and permit us to access, use and, in some cases, store your account information to accomplish the foregoing.

Feedback

We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at feedback@plainvanillagames.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

Privacy policy

Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users.

Payment policy

If you make a payment on any QuizUp services you agree to our payment terms. Please refer to our Payment Policy for further information.

Content Submissions

For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that Account holders (including you) provide to be made available through the Services. Content includes without limitation User Content.

Plain Vanilla and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.

Rights in User Content Granted by You

You are responsible for the User Content that you post to the Services, including its legality, reliability, and appropriateness. By posting User Content to the Services, you grant Plain Vanilla a non-exclusive, transferable, sublicenseable, worldwide, royalty-free right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content on and through the Services. You agree that this license includes the right for us to make such User Content available to other users of the Services, who may also use such User Content subject to these Terms.

You represent and warrant that: (i) the User Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of the User Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. We ask that you respect our on-line community and other users when posting User Content and using the Services. When submitting User Content to or otherwise using the Services, you agree not to:

  • submit material that violates a third party’s proprietary rights, including privacy and publicity rights, or that otherwise violates any applicable law;
  • publish falsehoods or misrepresentations that could damage us, our users or any third party;
  • publish any private information of someone, like their address, phone number, email address, and similar information without their permission;
  • submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
  • post advertisements;
  • impersonate another person or represent yourself as affiliated with us, our staff or other industry professionals;
  • solicit a user’s password or other account information; or
  • harvest user names, addresses, or email addresses for any purpose.

This list is an example and is not intended to be complete or exclusive. We don’t have an obligation to monitor your access to or use of the Services or to review or edit any Content, but we have the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to any Content that we consider, in our sole discretion, to be in violation of these Terms or otherwise harmful to the Services.

You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

Content on the Services

Subject to your compliance with these Terms, Plain Vanilla grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to access and view the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.

The Content available through the Services has not been verified or authenticated by us, and may include inaccuracies or false information. We make no representations, warranties, or guarantees in connection with our Services or any Content on the Services, relating to the quality, suitability, truth, accuracy or completeness of any content contained in the Services. You acknowledge sole responsibility for and assume all risk arising from your use or reliance of any Content.

Inappropriate Content

Plain Vanilla Corp is not responsible for content that might be offensive, harmful or inaccurate. Plain Vanilla cannot monitor all chats and communication between players and players can be exposed to rude or offensive language or references. You agree that under no circumstances will Plain Vanilla be liable for any content or derivative loss or damage of any sort incurred via QuizUp or broadcast elsewhere.

Rights and Terms for Apps

Subject to your compliance with these Terms, you have the right to download and install a copy of any App(s) to your mobile device, and to access and use the Services, for your own personal use. With respect to each App you download, you may not: (i) copy, modify or distribute the App for any purpose; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute the App or the Services to any third party; (iii) decompile, reverse-engineer, disassemble, or create derivative works of the App or the Services; (iv) make the functionality of the App or the Services available to multiple users through any means; or (v) use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms. The use of all kinds of “boosters” or effects not obtained in the QuizUp services is forbidden and is not usable as such.

The following terms apply to any App accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the App is made available (each, an “App Provider”). You acknowledge and agree that:

  • These Terms are concluded between you and Plain Vanilla, and not with the App Provider, and that Plain Vanilla (not the App Provider), is solely responsible for the App.
  • The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
  • In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Plain Vanilla.
  • The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  • In the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Plain Vanilla will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
  • The App Provider, and its subsidiaries, are third party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third party beneficiary thereof.
  • You must also comply with all applicable third party terms of service when using the App.

Our Services may change from time to time and/or we may stop (permanently or temporarily) providing the Services (or features within the Services), possibly without prior notice to you. Our Services may include advertisements, which may be targeted to the content or information on the Services, queries made through the Services, or from other information. The types and extent of advertising on the Services are also subject to change over time. In consideration for providing you the Services, you agree that we and our third party providers and partners may place advertising on our Services or in connection with the display of content or information on our Services.

Rights and Terms for Online Games

Subject to your compliance with these Terms, you have the right to access and use the Services, the QuizUp game at quizup.com, for your own personal use. You may not: (i) copy, modify or distribute the online game for any purpose; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute the game or the Services to any third party; (iii) decompile, reverse- engineer, disassemble, or create derivative works of the game or the Services; (iv) make the functionality of the game or the Services available to multiple users through any means; or (v) use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms. The use of all kinds of “boosters” or effects not obtained in the QuizUp services is forbidden and is not usable as such.

Our Services may change from time to time and/or we may stop (permanently or temporarily) providing the Services (or features within the Services), possibly without prior notice to you. Our Services may include advertisements, which may be targeted to the content or information on the Services, queries made through the Services, or from other information. The types and extent of advertising on the Services are also subject to change over time. In consideration for providing you the Services, you agree that we and our third party providers and partners may place advertising on our Services or in connection with the display of content or information on our Services.

Contests, sweepstakes, promotions and In App purchases

Plain Vanilla may conduct promotions through QuizUp, including, without limitation, contests and sweepstakes. Each promotion may have additional Terms and rules, which will be posted or otherwise made available to you, and for purposes of each Promotion, will be deemed incorporated into and form a part of this agreement.

Pricing of, Purchasing and Availability of Virtual Currency. Currently, a license to use Virtual Currency in Applications is available for purchase through some of Plain Vanilla´s Applications. Plain Vanilla Virtual Currency has no monetary value and does not constitute currency or property of any type. Any Virtual Currency balance shown in your Account does not constitute a real-world balance or reflect any stored value, but rather measures the extent of your limited license to use the Applications. Our Virtual Currency may be redeemed for Virtual Items only. Plain Vanilla´s Virtual Currency cannot be sold or transferred, and cannot be exchanged for cash or for any other goods and services. Our Virtual Currency is non-refundable and not returnable for any reason. You acknowledge that you are not entitled to a refund for any unused Virtual Currency or unused Virtual Items when Plain Vanilla stops making an Application available, whether such action is taken at Plain Vanilla´s discretion or due to unforeseen events.

The price payable by you is the price indicated on the applicable website for the Application or in the Application itself. When you purchase a license to use our Virtual Currency or Virtual Items, or purchase a subscription to use an Application, you agree to pay taxes that we or our agent assesses on your purchase. If you are resident in Europe, the price includes any applicable VAT. We reserve the right to change the price and specifications shown in relation to any Application, any subscription, Virtual Currency and Virtual Items. If the price or specification published on the applicable website for the Application or in the Application itself is materially incorrect when you place an order for the Virtual Currency or Virtual Items and you contact us to inform us of this incorrect information, we will: (i) provide you with the correct price or specification; and (ii) ask you to confirm whether you would like to purchase the applicable products or services at the correct price or specification, if such confirmation is possible. If applicable, we will also state the period for which the offer or price remains valid. In the event you decide you do not want to complete a purchase, you should, if enabled by your device operating system, select "no" or close the window that requests your confirmation. Otherwise, to the extent the operating system, distributor and other factors permit, we may be able to provide you with a credit; we do not offer any returns or cancellations of purchases.

DMCA/Copyright Policy

Plain Vanilla respects copyright law and expects its users to do the same. It is Plain Vanilla’s policy to terminate in appropriate circumstances Account holders who repeatedly infringe the rights of copyright holders. Please see Plain Vanilla’s Copyright Policy at “Copyright Policy”)] for further information.

Links to Third Party Websites or Resources

The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such sites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

Unauthorized Activities

Our Services may be used and accessed for lawful purposes only. You agree that you will not do any of the following while using or accessing the Services: (i) attempt to access or search the Services or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third party web browsers; (ii) access, tamper with, or use non-public areas of the Services, our computer systems, or the technical delivery systems of our providers; (iii) gather and use information, such as other users’ names, real names, email addresses, available through the Services to transmit any unsolicited advertising, junk mail, spam or other form of solicitation; (iv) use the Services for any commercial purpose or for the benefit of any third party or in any manner not by these Terms; (v) violate any applicable law or regulation; or (vi) encourage or enable any other individual to do any of the foregoing. We reserve the right to investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.

Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Plain Vanilla, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Services.

Termination

We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by logging into the www.quizup.com site and go to profile settings.

Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

Warranty Disclaimers

The Services and Content are provided “AS IS,” without warranty of any kind. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.

Limitation of Liability

NEITHER Plain Vanilla NOR ANY OTHER party involved in creating, producing, or delivering the services or content will be liable for any incidental, special, exemplary or consequential damages, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES arising out of or in connection with THESE TERMS or from the use OF or inability to use the Services or CONTENT, whether based on warranty, contract, tort (including negligence), PRODUCT LIABILITY or any other legal theory, and whether or not PLAIN VANILLA has been informed of the possibility of such damage, EVEN IF A limited REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

In no event will Plain Vanilla’s total liability arising out of or in connection with THESE TERMS OR FROM THE USE OF OR INABILITY TO USE the Services or content EXCEED THE Greater of the AMOUNTS YOU HAVE PAID TO PLAIN VANILLA FOR USE OF THE SERVICES OR content OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO PLAIN VANILLA, AS APPLICABLE. THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PLAIN VANILLA AND YOU.

Dispute Resolution

Governing Law

These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.

Agreement to Arbitrate

You and Plain Vanilla agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. You acknowledge and agree that you and Plain Vanilla are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Plain Vanilla otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

Arbitration Rules

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

Arbitration Process

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location and Procedure

Unless you and Plain Vanilla otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Plain Vanilla submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Plain Vanilla will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.

Fees

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Plain Vanilla will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

Changes

Notwithstanding the provisions of the “Changes to Terms or Services” section above, if Plain Vanilla changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to copyright@plainvanillagames.com within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Plain Vanilla’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Plain Vanilla in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

General

These Terms constitute the entire and exclusive understanding and agreement between Plain Vanilla and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Plain Vanilla and you regarding the Services and Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

You may not assign or transfer these Terms, by operation of law or otherwise, without Plain Vanilla’ prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Plain Vanilla may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by Plain Vanilla under these Terms, including those regarding modifications to these Terms, will be given: by Plain Vanilla (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Plain Vanilla’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Plain Vanilla. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Questions & contact information

If you have any questions about these Terms or the Services, please contact Plain Vanilla at privacy@plainvanillagames.com, +354 578 2000, Plain Vanilla Corp, 169 11th Street, San Francisco, CA 94103, USA.

PLAIN VANILLA COPYRIGHT & INTELLECTUAL PROPERTY POLICY

Plain Vanilla Corp. (“Plain Vanilla”) respects the intellectual property rights of others and expects its users to do the same.

It is Plain Vanilla’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe the copyrights or other intellectual property rights of others.

In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Plain Vanilla will respond expeditiously to claims of copyright infringement committed using the Plain Vanilla mobile device applications or website (the “Services”) that are reported to Plain Vanilla’s Designated Copyright Agent, identified in the sample notice below.

If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Services by completing the following DMCA Notice of Alleged Infringement and delivering it to Plain Vanilla’s Designated Copyright Agent. Upon receipt of the Notice as described below, Plain Vanilla will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Services.

DMCA Notice of Alleged Infringement (“Notice”)

  1. Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
  2. Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Service(s) where such material may be found.
  3. Provide your mailing address, telephone number, and, if available, email address.
  4. Include both of the following statements in the body of the Notice:

    “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”

    “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

  5. Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to Plain Vanilla’s Designated Copyright Agent:

Copyright Agent c/o Plain Vanilla Corp.
169 11th street
San Francisco
CA 94103
dmca@plainvanillagames.com
+3545782000

Notification of Trademark Infringement:

If you believe that your trademark (the “Mark”) is being used on the Service by a user in a way that constitutes trademark infringement, please provide Plain Vanilla’s Designated Copyright Agent (specified above) with the following information:

  1. Your full legal name and your electronic or physical signature.
  2. Information reasonably sufficient to permit Plain Vanilla to contact you or your authorized agent, including a name, mailing address, telephone number and, if available, an email address.
  3. Identification of the Mark(s) alleged to have been infringed, including (i) for registered Marks, a copy of each relevant federal trademark registration certificate or (ii) for common law or other Marks, evidence sufficient to establish your claimed rights in the Mark, including the nature of your use of the Mark, and the time period and geographic area in which the Mark has been used by you.
  4. Information reasonably sufficient to permit Plain Vanilla to identify the use being challenged.
  5. Include both of the following statements in the body of the notice:

    “I hereby state that I have not authorized the challenged use, and I have a good- faith belief that the challenged use is not authorized by law.”

    “I hereby state under penalty of perjury that all of the information in the notification is accurate and that I am the owner of the Mark, or authorized to act on behalf of the owner of the Mark.”

Upon receipt of notice as described above, Plain Vanilla will seek to confirm the existence of the Mark on the Services, notify the registered user who posted the content including the Mark, and take whatever action, in its sole discretion, it deems appropriate, including temporary or permanent removal of the Mark from the Services.

QuizUp IP Guidelines

We care greatly about the interest you have shown QuizUp™. At the same time we need to protect the QuizUp™ brand our Intellectual property rights. If you want to make QuizUp™ related material you have to make sure you are in compliance with our guidelines. They will help you avoid infringing our Intellectual property rights in most cases but following them will not guarantee you the right to use our intellectual property that is protected by copyright, trademark and other law of the United States and foreign countries. Any usage of our Intellectual property must also comply with our terms of use and privacy policy. If you are not in obligation with those terms you cannot use our Intellectual Property in any way. QuizUp™ is a registered trademark and the word “QuizUp” is a protected wordmark as well. Copyright applies to but is not limited to the unique expression of the QuizUp™ application, graphics, and content (that includes questions and answers). By infringing those rights or any other rights protected by law or terms you make yourself vulnerable to legal action. When in doubt you should contact Plain Vanilla Corp at legal@plainvanillagames.com before commencing any use of our intellectual property rights.

When using the QuizUp™ logo or Wordmark (Quiz Up is also ours but that should not be used) you must make sure not to imply any relationship with the QuizUp™ brand to avoid confusion. Using the trademark in a way that will suggest your material is in connection to QuizUp™ is a serious infringement of trademark rights. Anything having a negative impact on the QuizUp™ brand in not allowed. Negative impact is determined at our sole discretion. You should not use the QuizUp™ trademark to refer to any other service than the QuizUp™ Application owned by Plain Vanilla Corp. You cannot use QuizUp™ in the name of your application, website or other product. If you make any QuizUp™ related content it must be original material that does not infringe the copyright of Plain Vanilla or third parties. Answers to the QuizUp™ questions and the questions are our content and therefore protected by copyright and not applicable for your usage. You can not use the QuizUp™ logo anywhere to advertise or identify your website, application or other material. Imitating the QuizUp™ design, logo or typefaces is not allowed. Any usage, which will lead to confusion of origin or impersonate the QuizUp™ brand, is strictly forbidden.

If you wish to use the QuizUp™ logo in connection to material that does not infringe intellectual property rights you must use a version of the proper quality available athttps://brandisty.com/quizup. Modifying any QuizUp™ trademarks is forbidden. The logo shall have the adequate safety space that equals 200% of the size of the ring around the logo. The QuizUp™ logo should not be larger than your own mark to avoid confusion.

Suggested notice for material you share with others based on QuizUp (suggested placement footer, about section etc.):

XXX not affiliated with or sponsored by QuizUp™ and does not reflect the views or Opinions of Plain Vanilla Games or anyone working for or with the Corporation. QuizUp™ is a registered Trademark owned By Plain Vanilla Corp. Plain Vanilla Corp is not responsible for any illegal use of a third party’s intellectual property or any other material published here.

You cannot use any intellectual property rights belonging to QuizUp™ for financial gain. Access to any original fan material you have created must be free. You cannot sell any material that uses our Intellectual property, as that could entail financial gain. Requesting payment for download, content, or subscription in not allowed. We have the right to decide at our sole discretion that your use of our Intellectual property is infringing or inappropriate and therefore not allowed. If we decide for any reason that you are not allowed to use our Intellectual Property you have an obligation to stop all distribution of your infringing material immediately.

If you make any material in connection to QuizUp™ you are agreeing that Plain Vanilla Corp can use, copy, modify, distribute and make derivative works of your material in any form, free from royalty, non-exclusive, irrevocable, transferable, sub-licensable, on a worldwide basis, for any purpose and without approval, credit, or compensation to you.

Plain Vanilla Corp is not responsible for your illegal use of a third party’s intellectual property. If a legal claim is brought against us that is related to your material you will have to pay our legal fees and costs related to this lawsuit, attorney’s fees, settlement or judgment amount that we are required to pay as a result.

My QuizUp Topic Terms

You are responsible for the Topics you create, including their legality, reliability, and appropriateness. You represent and warrant that the user content is yours or you have the right to use it and grant us the right and license and that your are not violating any privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. Do not upload any images that the copyright holder disagrees with e.g. images identified with a copyright notice, you are responsible for all uploaded images and material. We have the right to decide at our sole discretion that the material you have created is inappropriate and therefore not allowed and removed. You may use the services for non-commercial purposes, e.g. featuring advertisements is forbidden. Topics you have created may continue to exist on the services for reasons we have decided and we are not responsible or liable for the removal or deletion of any User Topics.

By creating a topic you agree that Plain Vanilla Corp can use, copy, modify, distribute and make derivative works of the material you create in any form, free from royalty, non-exclusive, irrevocable, transferable, sub-licensable, on a worldwide basis, for any purpose and without approval, credit, or compensation to you. Furthermore we have the right to commercialize topics in any way we see fit. We have the right to implement advertisement into all QuizUp content, including user-generated topics. We have the right to decide at our sole discretion that a user topic should be managed by QuizUp and therefore not available for modification by you. If you do not agree with these Terms, do not create a Topic.