Terms & Conditions

Last update: June 06, 2018

The services are provided by brandquiz, a service of stereosense GmbH (hereinafter referred to as “brandquiz” and “brandquiz.io”), an Austrian company with registered address at Gumpendorfer Str. 16/1/16, 1060 Vienna, company registered at the court Handelsgericht Wien with the commercial register nr.: FN 461219p.

brandquiz may update these Terms of Service at any time, without notification to you, and you should review these Terms of Service from time to time by accessing the Site. Your continued use of the Site shall be deemed irrevocable acceptance of any such revisions.

1. Ability to Enter into these Terms of Service

In order to enter into these Terms of Service, you must have reached the legal age of majority in your jurisdiction of residence or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. We do not knowingly provide access to the Site to anyone under the age of 18 unless such user has parental or legal guardian consent. It is your responsibility to ensure that you are legally eligible to enter into these Terms of Service under any laws applicable to you in your jurisdiction of residence or otherwise.

2. The Site

You acknowledge that the Site may include advertisements and that these advertisements are necessary for brandquiz.io to provide access to the Site. You may also receive notifications and updates about the Site or other Brandquiz.io services and as a user of the Site, you can opt out of receiving such messages in accordance with the Privacy Policy. Any new features that change or enhance the current Site are subject to these Terms of Service, unless explicitly stated. You understand and agree that the Site is provided “AS-IS” and that brandquiz.io assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

3. brandquiz.io Account

In order to access parts of the Site and/or participate in a content created with brandquiz (as defined below) enabled through the Site, you will have to create a brandquiz.io account (“Account”). You are only allowed to create one Account. When creating your Account, ensure that all information you enter is complete and accurate. You are solely responsible for all activity on your Account, so please keep your password protected. You are not allowed to use anyone else’s Account without their permission. If you feel that the security of your Account has been breached or accessed without your permission, you are responsible for notifying brandquiz.io immediately. Personal information you provide to brandquiz.io is governed by the Privacy Policy and applicable laws related to personal information.

4. Content

Content created with brandquiz.io may be hosted on a subdomain of the Site or on a domain or website of a registered Organizer and may contain videos, photos, text, audio or other information or widgets uploaded by you or the Organizer, as permitted (“Content”).

5. Official Rules

If you are a Participant, you must abide by the official rules of Contests or Activities as applicable for each content created with brandquiz in which you choose to participate. The Official Rules may vary for each content created with brandquiz and you are required to read the Official Rules for each content created with brandquiz before you participate.

6. Submission of Content

The Site enables you to post Content that you submit to brandquiz.io, or for display on the Site. You acknowledge and agree that you are solely responsible for all Content you post on the Site and the consequences for posting or publishing it. You further acknowledge and agree that any Content that you post is deemed non-confidential, and brandquiz.io shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in the Content.

7. Terms of Payment

The users can upgrade from their free brandquiz account to a paid subscription. By doing so they adhere to the Payment Terms outlined here.

8. Acceptable Use and Conduct

You agree that that you will not publish or make available any Content that, or use the Site in a manner that:

  1.  infringes, violates or misappropriates any third party’s intellectual property or proprietary rights;
  2. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  3. engages in spamming, “chain letters”, “pyramid schemes”, advertisement of illegal or controlled products or services, or other advertising or marketing activities that violate these Terms of Service, the Privacy Policy or any applicable laws, regulations or generally-accepted advertising industry guidelines;
  4. is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
  5. is libelous or defamatory, or that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or is invasive of another’s privacy;
  6. is harmful to minors in any way;
  7. is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable, as reasonably determined by Brandquiz.io;
  8. impersonates a brandquiz.io employee, or any other person, or falsely states or otherwise misrepresents your affiliation with any person or entity, or to obtain access to the Site or a portion thereof without proper authorization;
  9. interferes or attempts to interfere with the proper working of the Site or prevents others from using the Site, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Site, or that otherwise negatively affects other persons’ ability to use the Site;
  10. uses any manual or automated means, including agents, robots, scripts, or spiders, to monitor or copy the Site or the content contained therein;
  11. facilitates the unlawful distribution of copyrighted Content;
  12. includes personal or identifying information about another person in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Site to users;
  13. constitutes or contains any form of advertising or solicitation to users who have requested not to be contacted about other services, products or commercial interests;
  14. stalks or otherwise harasses anyone on the Site or with information obtained from the Site;
  15. collects, uses or discloses data, including personal information, about users without their informed consent or for unlawful purposes or in violation of applicable law or regulations;
  16. requests, solicits or otherwise obtains access to usernames, passwords or other authentication credentials from any user of the Site for the purposes of automating logins to the Site;
  17. attempts to gain unauthorized access to the computer systems of brandquiz.io or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Site;
  18. takes any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information from the Site or using it for purposes unrelated to the Site);
  19. posts adult Content on any content created with brandquiz.io, unless the posting of such adult Content is permitted by the Official Rules;
  20. decompiles or reverse engineers or attempt to access the source code of the software underlying the Site or any other brandquiz.io technology;
  21. copies, archives, stores, reproduces, rearranges, modifies, downloads, uploads, creates derivate works from, displays, performs, publishes, distributes, redistributes or disseminates all or any part of the Site;
  22. accesses the Site for the purposes of building a product using similar ideas, features, functions, interface or graphics as those found in the Site; or
  23. accesses the Site to upload any Content or computer code for the purposes of: (i) causing a breach of security to the Site; (ii) interfering with the proper working, functionality or performance of the Site; or (iii) preventing others from accessing or using the Site.

9. Intellectual Property

All Website contents other than User Content (including but not limited to databases, images, photographs, patents, utility and industrial models) are the property of brandquiz and its parent company stereosense GmbH or its content providers, in which case those contents have been licensed to brandquiz, and they are protected by Austrian or international regulations governing industrial and intellectual property. The compilation (that is, the collection, design, sorting and assembling) of the contents of the website is exclusively owned by brandquiz and is protected by the applicable laws governing industrial and intellectual property.

All the software utilized for the use and development of the Services is the property of brandquiz or its software providers, and is protected by the laws governing industrial and intellectual property.

All brands, labels, distinguishing symbols or logos that appear on the Services are the property of brandquiz and are duly registered or in the process of registration. The names of other products, services and companies that appear in this document or in the Services may be brands or other distinguishing symbols registered by each of their rightful owners.

All texts, graphs, drawings, videos or audio supports are the property of brandquiz or its content providers, and they cannot be modified, copied, changed, reproduced, adapted or translated by the User or a third party without the express authorization of the owners of such contents.

The fact that brandquiz makes available to the users the information, databases, images, photographs, patents, utility and industrial models, drawings, graphs, text files, audio files, video files and software owned by brandquiz or its content providers that appear in the Services, does not mean, in any case, the assignment of their ownership or any right of exploitation in favour of the User, other than the rightful use of the Services consistent with its purpose.

It is strictly prohibited to use the contents of the Services without the authorization of brandquiz. This prohibition includes the exploitation, reproduction, publishing, transformation, distribution, transmission by any means, subsequent publication, exhibition and public communication, or representation of such contents in whole or in part. The occurrence of any of these shall constitute a breach of brandquiz’s intellectual property rights, and shall be punished according to applicable laws.

10. User Content

The User accepts that the Services may display content provided by others that is not owned by brandquiz. Such content is the sole responsibility of the entity that makes this content available. Correspondingly, the User is responsible for their own content and he/she must ensure that they have all the rights and permissions needed to use that Content in connection with the Services. brandquiz is not responsible for any actions the User takes with respect to their Content, including sharing it publicly. As a User, please do not use content from the Service unless you have first obtained the permission of its owner, or are otherwise authorized by law to do so.

The User owns all rights to content uploaded to the brandquiz platform, including information, data, text, software, music, sound, photographs, graphics, video, messages, tags or any other materials you submit or make available for inclusion on or through the Service.
The User also owns all rights to content created by end users of their forms including responses, data and comments as well as any response analysis.

When the User publishes a brandquiz project, and solely for the purpose of providing the Service, the User grants stereosense GmbH a non-exclusive, royalty-free, worldwide and fully sub-licensable right and license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display their brandquiz project (in whole or in part) in any format or medium now known or later developed. The User also grants stereosense GmbH a non-exclusive, royalty-free, worldwide right and license to gather anonymized insights from the projects’ data.

Subject to the above, the User’s content will not be given or sold to any third party by brandquiz and will not be made public without their permission.

brandquiz does not pre-screen content, projects, forms or submissions. The User agrees that he/she is solely responsible for the content of all of their brandquiz projects, uploaded content and end-user submissions.

The User acknowledges that, in order to ensure compliance with legal obligations, prevent phishing or fraud or when unlawful content is reported to us, brandquiz may be required to review certain content submitted to the Service to determine whether it is illegal or whether it violates these Terms and Conditions of Use. We reserve the right at all times, but are not obligated, to remove or refuse to distribute any Content on the Service including your own. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to satisfy any applicable law, regulation, legal process or governmental request, enforce the Terms of Service, including investigation of potential violations, detect, prevent, or otherwise address fraud, security or technical issues, respond to user support requests, or protect the rights, property or safety of brandquiz, its users and the public.

11. Account Termination Policy

brandquiz.io reserves the right at any time, and without cost, charge or liability, to terminate your Account at its sole discretion for any reason, including, but not limited to, a failure to comply with these Terms of Service. If you establish multiple Accounts, all non-permitted Accounts will be closed without notice to you. brandquiz.io reserves the right to terminate any portion of the Site at any time, for any reason, with or without notice, even though termination may affect your ability to participate in any content created with brandquiz.

12. Copyright Claim

If you are a copyright owner or agent of a copyright owner and believe that Content on the Site or anything else infringes your copyright, you may submit a notification by providing brandquiz.io with the following information in writing: a statement by you, under the penalty of perjury, that the information below, as provided by you is accurate and you are the authorized copyright or intellectual property owner or authorized to act on the copyright owner’s behalf:

  1. a physical or electronic signature of a person authorized to act on behalf of the owner, whose copyright is allegedly infringed;
  2. identify a description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. include to the best of your ability, the location on the Site of where the material that you claim is infringing;
  4. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner or its agent;
  5. if you are not the owner, please include an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; and
  6. include your contact information – address, phone number and email so that brandquiz.io can contact you.

And mail all of this information to:

brandquiz.io / stereosense GmbH
Gumpendorfer Strasse 16/1/16
1060 Vienna
Austria

After reviewing your complaint, brandquiz.io, in its sole discretion, may remove the Content or other material you believe infringes your copyright or other intellectual property rights and disable and/or terminate the Account of any users who may be repeat infringers.

13. Disclaimer of Warranties

brandquiz.io does not guarantee, represent, or warrant that your use of the site will be uninterrupted or error-free, and you agree that from time to time brandquiz.io or an organizer may remove the site for indefinite periods of time without notice to you.

Your use of the site and all content forming part of or related to the site, including but not limited to all content created with brandquiz content, including your content, and third party software and content, are at your sole responsibility and risk. The site is provided on an “AS IS” and “AS AVAILABLE” basis. brandquiz.io expressly disclaims all representations, warranties, or conditions of any kind with respect to the site, whether express or implied, including, but not limited to, the implied warranties or conditions of merchantability, fitness for a particular purpose, accuracy, completeness, performance, system integration, quiet enjoyment, title, and non-infringement.

brandquiz.io disclaims any warranty that the site or any content, or third party software and content will meet your requirements or be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that the site or the servers that makes the site available are free of viruses or other harmful components. brandquiz.io makes no guarantee regarding: (a) the amount, timing and delivery of any clicks or impressions with respect to any content or activity (including third party content) or advertising on the site or in connection with any content created with brandquiz; or (b) the compatibility of your software, hardware or content with the site.

You are solely responsible for ensuring that Your CONTENT is compatible with the SITE. brandquiz.io disclaims any liability or responsibility for any unauthorized use of Your CONTENT by third parties, PARTICIPANTS or OTHER Users of THE Site and is not responsible for protecting Your CONTENT.

Any material downloaded or otherwise obtained through the use of the site is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.

No advice or information, whether oral or written, obtained by you from brandquiz.io or through or from the site shall create any warranty not expressly stated in these terms of service.

The SITE is offered and controlled by brandquiz.io from its facilities in Austria. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.

14. Third Party Content

The inclusion of any third party content on the Site does not imply brandquiz.io’s affiliation to the provider of such third party content or its endorsement of such third party content. Because brandquiz.io does not control third party content, you agree that brandquiz.io is not responsible for any such third party content, including the accuracy, integrity, quality, legality, usefulness, safety or intellectual property rights of or relating to such third party content. brandquiz.io reserves the right, but shall have no obligation, to pre-screen, filter, remove, refuse to accept, post, display or transmit any third party content (including on any social networking website) in whole or part at any time for any reason with or without notice and with no liability of any kind. You are solely responsible (and assume all associated liability and risk) for determining whether or not such third party content is appropriate or acceptable to you.

Access and use of third party sites, including the information, material, products, and services on third party sites or available through third party sites, is solely at your own risk.

15. Limitation of Liability

You agree that, under no legal theory, including, but not limited to negligence, breach of warranty or condition, breach of contract or tort, shall brandquiz.io or its affiliates, contractors, employees or agents, be liable to you or any third party acting on your behalf for any indirect, incidental, special, consequential, punitive, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses or the cost of any substitute equipment, facilities or services (even if brandquiz.io has been advised of the possibility of such damages), arising from or relating to these terms of service or your use of or your inability to use the site, or for any damages arising from or related to these terms of use. brandquiz.io’s liability under this agreement is limited to the lesser of: (a) $100; and (b) the total amounts you paid to brandquiz.io in the twelve (12) months immediately preceding the occurrence of loss of damage. To the extent any state or jurisdiction does not allow the exclusion or the limitation of liability for consequential or incidental damages, brandquiz.io’s liability in such state or jurisdiction shall be limited to the extent permitted by law.

The foregoing limitations shall also apply with respect to any damages incurred by reason of any services provided on any third party sites or otherwise provided by any third parties other than brandquiz.io and received by you through or advertised on the site or received by you on any third party sites. You also agree that brandquiz.io will not be responsible or liable for any loss or damage of any kind incurred as the result of any interactions or dealings with advertisers or as the result of the presence of such advertisers on the site.

brandquiz.io takes no responsibility for any content forming part of or related to THE SITE OR ANY Contests or Activities and brandquiz.io has no obligation to monitor THE SITE OR ANY content created with brandquiz.

16. Indemnity

You agree to indemnify, defend, and hold harmless brandquiz.io, and its subsidiaries, affiliates, co-branders, all third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys’ fees) arising out of or relating to these Terms of Service or the Site, including but not limited to in relation to: (a) your use, non-use or misuse of, or connection to the Site, Content and any other content forming part of the Site or any content created with brandquiz; (b) your breach or alleged breach of these Terms of Service; (c) your violation of any rights, including intellectual property rights, of a third party; and (d) all claims brought against brandquiz.io or any costs incurred by brandquiz.io in connection with any breach by you of the Official Rules. brandquiz.io reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify brandquiz.io and you agree to cooperate with brandquiz.io’s defense of these claims. You agree not to settle any matter without the prior written consent of brandquiz.io. brandquiz.io will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

17. Miscellaneous

These Terms of Service have been made in and shall be construed and enforced in accordance with the laws of Austria for any claim, proceeding or action under the Terms of Service, except for any claim, proceeding or action by brandquiz.io for equitable relief.

You agree that these Terms of Service are specifically enforceable by injunctive relief and other equitable remedies without proof of monetary damages.

These Terms of Service shall constitute the complete and exclusive agreement between you and brandquiz.io, and govern your use of the Site.

If any provision of these Terms of Service is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be severed from the Terms of Service and the other provisions shall remain in full force and effect.

brandquiz.io may assign these Terms of Service and your Account to any third party in its sole discretion.

These Terms of Service binds you, your heirs, legal representatives, executors and permitted assigns.

The sections of “Intellectual Property Ownership”, “Disclaimer of Warranties”, Limitation of Liability”, “Indemnity” and “Miscellaneous” will survive any actual or purported termination or expiry of these Terms of Service and continue in full force and effect.

You represent and warrant that you are authorized and permitted under all laws applicable to you: to the use the Site, to enter into these Terms of Service and comply with its terms, to meet your obligations hereunder and comply with all laws, regulations or policies that apply to the Site, including, without limitation, any and all import and export control regulations and laws, and a breach of any representation or warranty is a terminable breach of these Terms of Service.

18. Data Processing Agreement

Our DPA amends the Terms and Conditions and sets out the terms that apply when Personal Data is processed by brandquiz under the Agreement. The purpose of the DPA is to ensure such processing is conducted in accordance with applicable laws and with due respect for the rights and freedoms of individuals whose Personal Data are processed. Other capitalized terms used but not defined in this DPA have the same meanings as set out in the Agreement. You can read the DPA here.

19. Contacting brandquiz

You may contact Brandquiz.io by email at office@brandquiz.io or by mail at brandquiz.io / stereosense GmbH, Gumpendorferstrasse 16/1/16, 1060 Vienna, Austria.